1. Definitions
1.1. General Terms and Conditions: means the current general terms and conditions.
1.2. The Landlord: means EXPAT PREMIUM RENTAL, limited liability company under Belgian law with its registered office at Rijsmortelstraat 22, 3360 BIERBEEK and registered with the CBE under number 0803.935.703.
1.3. The Tenant: means any natural person and/or legal entity entering into an agreement with the Renter as set out in Article 1.7 of these General Terms and Conditions.
1.4. Party: means the Landlord and or the Tenant, or both together.
1.5. Consumer: means any Tenant who qualifies as a consumer according to the definition in Article I.1.2° WER.
1.6. Producer: means any natural and/or legal person who qualifies as a producer according to the definition in Art. 3 Product Liability Act.
1.7. Agreement: means any agreement concluded between the Landlord and the Tenant concerning the rental of the Goods, as well as any other agreement.
1.8. Goods: means all baby equipment and children's equipment rented by the Lessor to the Renter.
2. Scope
2.1. The present General Terms and Conditions apply to all Agreements concluded between The Renter and the Landlord, unless otherwise agreed in writing.
2.2. Any other general terms and conditions applicable concurrently with these General Terms and Conditions are expressly excluded. Indeed, current General Terms and Conditions prevail.
2.3. The invalidity, nullity or unenforceability of one or more provisions of these General Terms and Conditions shall not affect its other provisions.
2.4. The Renter expressly acknowledges having been informed of the present General Conditions before being bound by any Agreement with the Landlord
3. Offer and conclusion of the agreement
3.1. All advertisements, product specifications, price indications and other information mentioned on the website, in catalogues or by any other means of communication are not binding for the Landlord and may be changed at any time without prior notice.
3.2. All quotations are made by the Landlord on the basis of the Goods available at that time and are without obligation. The aforementioned offers shall in no way bind the Landlord.
3.3. All offers of the Landlord should be seen as invitations to the potential Tenant to formulate an offer. They do not bind either the Renter or the lessor, unless expressly agreed otherwise in writing in the offer. Any written confirmation of the offer by the potential Renter should be regarded as an offer to contract. Price indications included in the offer are only binding (and the contract between the Parties is only concluded) after written acceptance of the offer by the Landlord.
3.4. Taking into account the limited stock of Goods at the Landlord, offers will only be valid for a period of 7 days, unless otherwise agreed in writing. If the potential Tenant fails to confirm the offer in writing (formulating an offer), it will have to request a new offer from the Landlord.
4. Prices
4.1. Pursuant to the arrangement set out in Article 3 of these General Conditions, the Renter expressly acknowledges that prior to the conclusion of any Contract with the Landlord, it has always been clearly and expressly informed of the rental price of the Goods.
4.2. The rental prices offered by the Landlord (whether in the offer, on the website, or through any other means of communication) are always dependent on the rental period chosen, as defined in Article 9.1.
4.3. Any additional costs incurred by the Landlord pursuant to the execution of the Contract with the Tenant may always be charged to the Tenant. Before incurring the aforementioned costs, the Landlord will always notify the Tenant in writing. Any additional costs may include, but are not exhaustive of, the following costs:
- Transport costs, as defined in Article 6 of these General Terms and Conditions
- Parking charges.
4.4. All prices included in the quotation, on the website and via any other means of communication are always inclusive of VAT.
5. Warranty / Insurance
5.1. The Hirer undertakes to pay a deposit to the Landlord in the amount of [-], which shall be blocked in a separate account. The Renter shall transfer proof thereof to the Landlord at the latest by the date of delivery or collection of the Goods. Failing the aforementioned proof, the Landlord shall be entitled to suspend the delivery or collection until the proof has been remitted.
5.2. The security deposit as described in article 5.1 of these General Terms and Conditions, will be refunded no later than 2 weeks after the termination of the Agreement, whereby any damage to the Goods will be settled. The deposit cannot be regarded as an advance payment of the rent.
OR
5.3. The Hirer undertakes to take out insurance to cover any damage to the Goods. The Hirer shall provide the Landlord with proof thereof at the latest by the date of delivery or collection of the Goods. In the absence of the aforementioned proof, the Landlord has the right to suspend the delivery or collection until the proof has been submitted.
6. Method of delivery and transport costs
6.1. Unless otherwise agreed, the Goods will always be delivered and collected by the Landlord respectively at the beginning (at the earliest 10 working days after the inception of the Agreement ) and the end of the Agreement. Any transport costs will be charged separately.
6.2. Unless otherwise agreed in writing between the Parties, the Landlord shall deliver exclusively within the territory of Belgium.
6.3. The aforementioned transport costs are estimated at a fixed amount of [-] EUR, regardless of the location and/or place of delivery. The Renter will always be informed in advance of the aforementioned amount.
6.4. In case the Goods are to be delivered by the Landlord on a higher floor than the floor located at street level, the Tenant shall provide access for delivery. The Tenant expressly authorises the Landlord to use the building's internal lift, if any, for delivery.
7. Quality of goods and liability
7.1. The Hirer shall always thoroughly inspect the Goods at the time of delivery. Any defects in the Goods and/or other remarks by the Hirer must be immediately (and at the latest 24 hours after delivery) communicated to the Letter, failing which the Hirer accepts the compliant delivery of the Goods. The taking into use of the Goods shall also be deemed an acceptance.
7.2. The Letter is not liable for any damage caused by a defect in the Goods, either on the part of the Renter or on the part of a third party. In the aforementioned case, the Renter and/or the third party will turn to the Producer of the Good. If necessary, the Letter nevertheless undertakes to assist the Renter as much as possible in his/her claim against the Producer, among other things by transferring the (contact) data of the Producer, etc.
7.3. However, the Landlord shall inspect the Goods on a regular basis in order to detect any defects and/or damage.
7.4. As a result of the use of the Goods by children, the Hirer acknowledges the necessity of proper supervision during use by himself or by another adult person. The Landlord cannot be held liable for any damage and/or accidents that have occurred due to a lack of supervision during the use of the Goods.
7.5. The Renter shall always be personally liable for all charges and/or penalties resulting from the (incorrect) use of the rented Goods by him or by third parties.
7.6. Misuse of the materials due to carelessness, incompetence, and/or any other reason, is always the responsibility of the Renter. Any costs arising from the damage caused by this will always be recovered from the Renter.
8. Payment
8.1. The Landlord provides the Tenant with an invoice for payment of the total rent due, which is calculated by multiplying the monthly rent by the total number of months for which the Contract was concluded. Unless otherwise agreed in writing between the Parties, the Renter undertakes to pay the aforementioned invoice within 14 days from the invoice date.
8.2. Where the Renter is a Consumer, the total rental price due, which is calculated by multiplying the monthly rental prices by the total number of months for which the Contract was concluded, must be paid via the web shop at the latest before the start of the rental period. The Letter reserves the right to suspend the execution of the Agreement as long as the rental price has not been paid.
8.3. The Renter shall have a period of 7 days, also counting from the invoice date, to notify any comments in writing or to dispute the invoice in writing, after which the Renter shall be deemed to have accepted the invoice. The full or partial payment of an invoice constitutes its unconditional acceptance.
8.4. In the event of full or partial non-payment, the Renter shall automatically and without notice of default owe a default interest equal to 1.25% per month, as well as a flat-rate compensation of 10%, with a minimum of EUR 125.00, on the amount due, without prejudice to the Landlord's right to claim greater damages if it is proved that the actual damage suffered is higher.
8.5. If the Renter is a Consumer, notwithstanding Article 8.3, Articles XIX.1 WER to XIX.15 WER shall apply in the event of non-payment.
9. Rental period
9.1. The Agreement will always be entered into for a fixed term, which may be one, three, six, nine, twelve or twenty-four months respectively. The aforementioned duration will always be agreed unambiguously in writing between the Parties.
9.2. The minimum duration of the Agreement is one month. The start date and end date of the Agreement shall always be agreed in writing between the Parties on the offer.
9.3. The Agreement will end by operation of law on the last day of the agreed rental period, without the Renter having to give notice. Early termination is not possible.
9.4. The Agreement cannot be tacitly extended. An extension must always be agreed in writing between the Parties.
9.5. The Renter undertakes, in agreement with the Landlord, to prepare the Rented Goods for collection by the Landlord before the expiry of the term of the Contract and no later than the last day of the rental period.
9.6. In the event that the Hirer fails to prepare the Leased Goods within the period specified in Article 9.5 of these General Conditions, the Hirer shall be in default by operation of law. The Tenant shall then be liable to pay the Landlord compensation assessed at the rent of one month per started month of delay. In the aforementioned case, the Landlord shall also be entitled to independently recover the let Goods from the Tenant. All costs resulting from the aforementioned default shall always be borne by the Tenant.
9.7. The Renter can never become the owner of the rented Goods. If the Renter intentionally appropriates the Rented Property, the Renter is guilty of misappropriation.
10. Obligations of the tenant
10.1. The Renter undertakes to use the rented Goods with due diligence and to return them to the Landlord at the end of the Contract in the same condition as they were received.
10.2. The Renter undertakes to use and/or handle the rented Goods in accordance with the (supplied) user and/or operating instructions/conditions.
10.3. The Renter is responsible for the rented Goods during the entire rental period and will permanently monitor their proper functioning and good condition. In the event of any damage or theft, whether intentional or not, the Hirer will always notify the Landlord immediately.
10.4. The Renter is not allowed to lend or borrow the Rented Goods to third parties, nor to rent them himself
11. Cancellation
11.1. The Renter has the right to cancel the Agreement free of charge within a period of 48 hours from the moment of placing the order, being the receipt of the confirmation e-mail as defined in article [-].
11.2. The Renter also has the right to cancel the Contract before its commencement outside the 48-hour period mentioned in Article 11.1, but subject to the payment of compensation equal to 20% the total rental price of the Goods.
11.3. Cancellations outside office hours are valid only at the start of the first following working day, taking into account Sundays and public holidays.
11.4. In the event that the Contract is cancelled by the Renter in accordance with what is provided for in Articles 11.1 and 11.2 of these General Conditions, the Landlord shall refund the amount paid, less 20% if applicable, to the Renter's account number with which the payment was initially made.
12. Damages and defects
12.1. Any damage, whether intentional or not, will be recovered from the Renter. In case of damage to (including lack of) necessary parts, the repair or new purchase will be charged to the Renter.
12.2. If the rented Goods have been destroyed or damaged for any reason, the rent for the Goods shall remain the responsibility of the Hirer as well as the repair and/or new purchase thereof.
12.3. The Renter undertakes to inform the Landlord immediately, and at the latest within 24 hours from discovery, in case of defect, damage and/or theft of the Goods during the rental period.
13. Force majeure
13.1. In case of force majeure, the Parties are entitled to consider the agreement or the not yet performed part of the agreement as dissolved or to suspend it for a definite or indefinite period of time.
13.2. In case of force majeure, the Renter cannot sue the Landlord for damages.
13.3. Force majeure includes all events, independent of the will of the parties, which render the further performance of the commitments under this agreement temporarily or permanently impossible, unforeseeable and unavoidable by them.
13.4. An event of force majeure includes, but is not limited to any of the following events: natural disasters, epidemics, armed conflicts and terrorism, social unrest (strike, demonstration, lockout,...), delays in or failure to deliver by suppliers, prolonged illness of employees, government decisions or interventions and errors or delays attributable to third parties.
14. Complaints
14.1. Complaints from one of the Parties to the other Party shall be made in writing. Both Parties undertake to find a solution to the aforementioned complaints to the extent possible.
15. Unilateral termination
15.1. The Agreement may be terminated by either Party in case of a serious breach or gross negligence of the other Party within the framework of its contractual obligations, which would not have been remedied within a period of 7 days after the receipt of a written notice of default, in which the defaulting Party is requested by the other Party to correct or terminate such breach.
15.2. Serious default or gross negligence includes a default that is so serious that the Party making it knows or ought to know that it will cause damage to the other Party or that constitutes a disregard of contractual obligations to which the other Party may attach great importance.
15.3. The Landlord has the right to unilaterally terminate its Contract with the Tenant without judicial intervention and without prior notice of default at the Tenant's expense, without owing any damages, in the event of (a serious and real threat of) insolvency.
16. Applicable law and jurisdiction
16.1. Belgian law applies.
16.2. For any dispute or litigation arising from this Agreement, the courts of the judicial district of Leuven shall have jurisdiction.
The Renter declares to have taken full cognisance of the General Conditions and confirms to have accepted them in full. The Renter expressly declares to be bound by the General Conditions.
