General conditions and rental terms

Any rental by the BV ORFYS of a vehicle is subject to the following conditions. The renter declares that he will strictly comply with the applicable traffic laws and that the driver of the vehicle has a valid driver’s license to drive the vehicle for the rental period. The renter will not admit a driver who does not have a valid driver’s license.

Section A : specific conditions relating to vehicle rental

Article A1: The renter or his appointee collects the vehicle as stipulated on the contract and he only accepts the general conditions and rental terms mentioned below. Tenant’s own terms and conditions can never apply. If the renter uses our pickup and delivery formula, the time of pickup or return is determined at the time our logistics partner delivers or picks up the vehicle at the requested location.

Article A2: It is forbidden to smoke in the vehicles. If we find that the vehicle has been smoked, a flat fee of 250 euros more VAT will be charged to the renter/driver for interior cleaning. If the landlord determines that smoking has occurred, then the tenant must provide contrary evidence if he believes that no smoking has occurred.

Article A3: Cleanliness and condition of the vehicles : The cars are cleaned both inside and outside at departure and in clean condition. If, according to the customer, the vehicle has not been cleaned or has damage not indicated on the check-out document, he must report it by mail upon receipt of the vehicle or before the first departure with the vehicle and at the latest within 2 hours after receipt of the vehicle. The report should be made via email to info@orfys.be with attached some photos showing the alleged dirty condition or damage of the vehicle along with a photo of the mileage. If the car has not been cleaned on the inside or outside at the end of the rental contract, this will be considered as damage and will be charged to the renter at a flat rate of 125 euro plus VAT. All remarks must be made before first departure with the vehicle and at the latest within 2 hours after delivery of the vehicle (see art A1) If not, it is assumed that the renter agrees with all the items mentioned on the contract, as well as on the documents “control document departure” and “control document arrival”. Regarding the return delivery, the following applies. The rental company will mail a check – in document to the renter with the condition of the vehicle the next working day following the collection of the vehicle, or in case the customer delivered the vehicle himself to our facility. The tenant then has four hours to respond. If he does not do this then he definitively accepts the check-in document. Any complaint or comment thereafter is late and will not be accepted by the landlord. Complaints regarding the condition of the vehicle after receipt of the invoice are also late.

Article A4: The exemption limitation mentioned below regarding damages to be paid shall expire and the full damages + costs shall be borne by the hirer in case of collision or damages resulting from driving through a passage with limited width and/or height.

Article A5: Our vehicles are delivered to the renter/driver with a certain amount of fuel in the tank. The amount of fuel can always be found by the tenant/driver on the “departure control document.” At the end of the rental period, the renter/driver must ensure that there is at least the same amount of fuel in the vehicle. See also Article B1 point 2. If Orfys bv needs to refuel the vehicle, this will be billed at the daily price of fuel more 0.5 euros per liter excluding VAT. On top of the fuel price, we charge a flat handling fee of 15€ excluding VAT per refueling.

Section B : General conditions

Article B1: The parties declare that they accept as correct the number of kilometers indicated by the odometer as having been travelled.

Article B2: During the time the renter has the vehicle, all costs for the use of the vehicle, such as fuel, oil, mat damage, storage and tire repairs, are the responsibility of the renter.

Article B3: Repairs and maintenance of the vehicle without the consent of the lessor are the responsibility of the renter.

Article B4: The renter is liable for damages due to loss of accompanying documents, such as registration certificate, insurance certificate, inspection certificate, SD cards, charging cable(s), keys, etc. He shall pay all costs as stated by Orfys thereof on demand. The return of the rented vehicle outside opening hours is at the responsibility of the renter. The renter remains responsible for the vehicle until such time as Orfys bv can inspect the vehicle. We advise the renter, in the event he/she returns the vehicle outside opening hours, to take photos of the vehicle (interior and exterior) along with the mileage and forward them immediately to the email address info@orfys.be.

Article B5: The renter declares to be familiar with the fact that no insurance has been taken out with respect to the rental other than a BA vehicle insurance that only covers damages to third parties. Any other or further insurance desired by the tenant must be taken out at the tenant’s own expense.

Article B6: 1. The renter is liable for all damage caused to the vehicle and accessories during the rental period. Also for consequential damages resulting therefrom, whether or not due to the fault of the lessee and regardless of whether such occurrence is in or out of force majeure. 2.The renter indemnifies the rental company for all damages of occupants or third parties, for which the rental company is liable, including those for which the vehicle’s third party insurance does not provide coverage. 3. The Lessee indemnifies the Lessor against all fines, amicable settlements and administrative sanctions, etc. imposed on the Lessor, for crimes and violations committed during the rental period by the Lessee and/or the driver and/or occupants. For such fines, amicable settlements and administrative penalties, the tenant, in relation to the landlord, and to the extent possible externally, bears the full risk and responsibility and liability. Per fine and others that require the intervention of the landlord an administrative fee of 15 euros excl. BTW. The tenant agrees to pay this amount.

Article B7: Exemption per claim (i.e. amounts to be paid by the renter himself): The renter must pay the following amounts for each damage to the rented vehicle.

In case of a passenger car accident:

• per claim or accident € 1,210.00
• If the driver is under 23 years of age per claim or accident €2,420.00

In case of damage or accident involving a van/minibus:

• per claim or accident € 1,815.00
• under 23 years of age per claim or accident €3,630.00

In case of theft of the vehicle, the renter will owe the rental company an amount equal to the value of the vehicle as determined at a flat rate below according to the category of the rented vehicle.

These categories and amounts excluding VAT are as follows: Basic : € 15,000 – Middleclass : € 25,000 – Family : € 35,000 – Business : € 50,000 – Corporate : € 60,000 – Premium : € 85,000

Horse-drawn van : € 70,000 – From 3m³ : € 15,000 – From 6m³ : € 20,000 – From 9m³ : € 35,000 – From 20m³ : € 45,000 – Minibus : € 30,000 – Motorhome : € 70,000 – Trailer : € 25,000

These are amounts applicable in May 22 and are indexed annually on May 01. These amounts shall apply unless the lessor proves a higher value, in which case this amount shall apply. If the BA insurer does not provide coverage due to the attitude or conduct of the renter/driver or for any reason in the claim, the renter/driver will be liable for the full actual damages from and to third parties. He will always indemnify the lessor for this purpose. The exemption for damages to third parties is €500.00.

Article B8: price and payment : At the beginning of the rental, the tenant must pay an advance on the rent and a deposit of 200 euros. This advance is determined based on the tenant’s anticipated rental period at the start of the lease. The price is always a minimum price but can always be adjusted according to the actual rental period.

The landlord reserves the right to deduct outstanding amounts related to the rental from the security deposit. If upon return the vehicle has not been cleaned, not refueled or is returned with any damage these costs will be charged as determined above to the renter plus an administrative cost of €25.00. The administrative cost for refueling the vehicle is €15.00. The exemption may be determined differently for certain contracts. In all cases, the exemption indicated on the contract is the only applicable exemption. Included kilometers are only those as stipulated in the rental agreement. All additional mileage will be charged according to the contract,All invoices must be paid within 15 days of invoice date. If an invoice is not paid on time then compensation of 10% on the outstanding invoice amount is due. Interest shall also be payable from the date of invoice until the date of payment in full at the following rate :

• for individuals : the legal interest rate
• For entrepreneurs : these according to the law arrears.

If the landlord owes an amount to the tenant and he does not pay this amount within 15 days after this amount is determined , the tenant is entitled to compensation of 10% in addition to the legal interest rates.

If an invoice is not paid on time, all discounts given will expire and the price will become due without discount and all outstanding invoices will become due immediately.

Article B 9 : In case of accident, damage or theft, whether or not caused by the fault of the renter and/or the driver of the vehicle, seizure of the vehicle, the renter is obliged to immediately notify the rental company by telephone and then confirm in writing via email to info@orfys.be. The renter will also immediately report the accident or theft to the police and transfer the PV number to the rental company. The lessee is obliged to follow the instructions to be given by the lessor. Failure to give the aforementioned notice and failure to follow instructions will make the Tenant fully liable for any damages to be suffered by the Landlord as a result of such failure. The renter must return the vehicle in the same condition as he received it. If he does not return the vehicle, he shall be liable for the same amount as provided in Article B 7 in case of theft of the vehicle, unless the lessor proves a higher value. If the vehicle is impounded, the renter must report it immediately and give the impound notice to the rental company. If the landlord has to initiate revindication proceedings, the tenant will pay all costs for it, both attorney and court fees.

Article B 10 : 1. The rental company is not liable for any costs and/or damages incurred by the renter and/or driver of the vehicle or its occupants as a result of any damage and/or defect and/or loss of the vehicle belonging to or caused to third parties. 2. The renter will be responsible for exceeding the payload and/or maximum number of persons allowed. The renter acknowledges knowing how much the vehicle may load and/or how many persons may be in it 3. The rental company is not responsible for items left by the renter in the rented vehicle when the vehicle is returned. 4. The renter is responsible for all goods/contents transported by him/her. 5.The renter shall at all times strictly follow traffic laws and not transport goods that are not permitted. He is exclusively liable for all costs, fines edm incurred as a result.

Article B 11: If the rental period is extended, the rental shall continue as usual and the provisions of this rental agreement shall remain in force, as long as the agreed maximum extension of the rental period is not exceeded. Any extension of term must be requested by mail (info@orfys.be) and approved by the lessor, failing which the vehicle must be returned immediately. If the renter does continue to drive the vehicle unannounced, a 15% increase in the rental price is applicable.

Article B 12: The hirer may not, without the written consent of the lessor, even for reasons of breakdown or accident, leave the vehicle unattended. He must have the landlord’s agreement to do so. If not, the rental will run until the vehicle is returned and repaired. The renter also remains responsible for the vehicle for as long as that is the case.

Article B 13: The lessor may recall the rental car at any time, for various reasons. If this is not complied with by the lessee, the lessee will be held responsible for all possible damages, costs and risks incurred by the lessor and resulting from his attitude.

Article B 14 : The lessor has the right to terminate the rental agreement at any time and collect the car at the customer’s expense, if, in his/her judgment, the car is not being used in a careful manner by the lessee or if the invoice(s) on his/her account are not paid correctly. The lessor can always pick up the vehicle with the vehicle key in his possession. He is not liable for compensation for this.

Article B 15: The above-mentioned limitation (exemption) of the damage to the vehicle to be paid for expires and the full damage and resulting costs shall be borne by the hirer and/or driver in the following cases:

• hit-and-run
• steering under the influence of narcotics, drugs, etc.
• alcohol intoxication and intoxication
• (Traffic) accident without immediate or incomplete reporting
• Driving without a (valid) driver’s license.
• collision resulting from a passage with limited height/width (bridge, trees, etc.)
• some crime committed with the vehicle

Article B 16: The vehicle may not be used in any of the following cases: sports competitions, rallies, reliability tests, speed tests, driving lessons or driving tests. If this does happen, liquidated damages of 10,000 euros are payable by the tenant to the landlord. If the landlord can prove higher damages, those higher damages are due.

Article B 17: If the rented vehicle cannot be delivered to the renter in time at the start of the rental period, the rental company will provide a replacement vehicle insofar as a similar vehicle is immediately available. In case of accident in law or injustice, the lessor gives the right to use a vehicle of the lowest category (Basic) for the lessee during the recovery period of the vehicle. In either case, however, without commitment and without the tenant being able to claim compensation for expenses incurred or other damages.

Article B 18: Our vehicles may be equipped with a tracking system.

The tenant knows this and agrees.

Article B 19: If the renter/driver notices that the odometer no longer works due to technical defect, the renter/driver must notify the rental company immediately via email (info@orfys.be). In that case, the lessor may determine the actual number of miles driven through another means, e.g., through the tracking system.

Article B 20: Subletting – Third party clause

1. The Tenant declares that it is aware and to the extent necessary agrees that the ownership of the Leased Premises may be (or become) vested in a third party or that the Leased Premises may be (or become) pledged to a third party, as security for the payment of all that such third party has or may have to claim from the Landlord.
2. Notwithstanding the existence of the present lease, Tenant shall surrender the Leased Premises to the third party upon first request, without Tenant being able to invoke any right of lien, if and as soon as the third party shall demand surrender of the Leased Premises on the grounds of non-performance of Landlord’s obligations to the third party. As a result of this requisition, this lease shall be terminated by operation of law with immediate effect. Delivery as mentioned herein shall be made to the office address of the third party or at the location specified by such third party.
3. If the situation mentioned in Article b occurs and the third party would like to continue the Tenant’s use of the Leased Premises, the Tenant shall be obligated, at the first request of the third party, to enter into a lease agreement with the third party for the remainder of the term of the present lease and on similar terms.
4. The foregoing provisions of Articles a through c are third-party clauses that may be directly invoked by the third party and may not be revoked by either Tenant or Landlord.

Article B 21: All logistics orders are subject to the CMR provisions.

Article B 22: All complaints must be formulated by mail or registered letter within eight days of the invoice date, under penalty of cancellation. Any claim against the lessor must be made in court within 5 months of the end of the contract, under penalty of forfeiture.

Article B 23: In case of dispute, only the courts of Oudenaarde are competent, unless the lessor chooses to sue before the court competent for the domicile of the defendant. Only Belgian law applies.