GENERAL CONDITIONS OF RENTAL
ASTRAL RENT A CAR SA, hereinafter referred to as ASTRAL, lets to the renter, whose identity and signature appear on the rental contract appended to these presents, the vehicle described in said contract.
The renter acknowledges that s/he is cognisant of these general conditions and that s/he adheres thereto.
Article I: USE OF THE VEHICLE
1. Only the renter and/or the drivers, whose identity is expressly mentioned in the contract, may drive the vehicle, and only if they are over 23 years or 25 years of age depending on the rented vehicle, and holders of a driving licence valid since at least one year. If the vehicle is driven by another person, the insurance cover for “material damage,” “theft” and “fire” shall not apply. In such a case, the renter and unauthorised driver shall be held jointly and severally liable to compensate ASTRAL for the entire loss suffered, irrespective of the cause. The unauthorised driver shall moreover be liable to an action for indemnity from the “civil liability” insurance.
2. The renter and any authorised drivers shall refrain from using the rented vehicle:
a. for the transport of goods or passengers for valuable consideration;
b. to push or tow any vehicle whatsoever, a trailer, or any other object, rolling or otherwise;
c. in competitions;
d. under the influence of alcohol or alcoholic or narcotic intoxication;
e. without the requisite physical abilities;
f. for illicit purposes or the transport of hazardous products;
g. under overload.
3. The renter and authorised drivers shall close and lock the vehicle when it is not in use and shall keep the keys; in case of theft, they must provide proof of proper compliance with this obligation, in particular by producing the keys of the vehicle.
4. The vehicle shall under no circumstances be subrented.
5. If the renter intends to drive abroad with the vehicle, s/he must inform Astral Rent A Car accordingly before his/her departure and specify the country to which s/he intends to go. IN such a case, s/he shall authorise Astral to keep all or part of the rent guarantee for a period of six months, and to deduce from it such penalties and fines as may be claimed by the judicial authorities and the policy of the country to which s/he went.
6. The renter shall not place a luggage rack nor attack a trailer on the rented vehicle. If s/he contravenes this prohibition, s/he shall indemnify Astral for all loss suffered as a result.
If the keys are lost, the renter shall be liable for the price of the change of locks, the keys and the anti-theft system. This price shall be justified by producing an estimate or an invoice, and shall be deducted from the rent guarantee.
Article 2: STATE OF THE VEHICLE
Except if s/he has made written remarks when taking possession of the vehicle, the renter acknowledges that the vehicle was handed over to him/her in a flawless state of operation and cleanliness; this is particularly the case of the five tyres, which are in perfect conditions, without cuts.
Article 3: RENTAL – LOAN – PAYMENT - EXTENSION
1. The rent and rental guarantee shall be paid in advance, even if the rental is extended. If the renter’s official residence is outside Belgium, Austral may charge automatically the balance of the rent or the price for the repair of any damages to the vehicle by service of relevant notice to the renter by registered letter. If the guarantee is provided by means of a credit card, the renter shall authorise Astral to debit said card for unpaid rent and repair expenses. The renter may not use the guarantee to pay rent. No extension of the rental shall be valid without the prior, written consent of Astral, and, without payment of the new rent in advance, unless otherwise consented by Astral. A renter who fails to return the vehicle on the agreed date, and has failed to comply with these conditions, shall be subject to criminal proceedings for breach of trust.
2. Any and all sums due by either party, not paid on the due date, shall automatically and without prior notice be subject to contractual damages of 15% plus interest for late payment at the rate of 12% a year.
Article 4: CONDITIONS OF PAYMENT
I. Invoices shall be paid in cash at the ASTRAL office.
In addition to the rent, the renter shall pay, upon request by ASTRAL
a. The contractual mileage charge, depending on the number of kilometres covered by the vehicle during the rental; if the mileage counter should break down for whatever reason, the number of invoiced kilometres shall be calculated on the basis of 500 km per day.
b. The additional fee for inter-city service, or if the vehicle is not returned to the ASTRAL office.
c. Any and all taxes, charges and levies payable by the renter.
d. Fines, charges, expenses and taxes resulting from a violation of the traffic regulations committed by the renter or the authorised driver.
2, Any and all sums not paid on the due date shall automatically and without prior notice be subject to contractual damages of 15% plus interest for late payment at the rate of 12% a year.
Article 5: OBLIGATION TO RETURN THE VEHICLE
Unless agreed otherwise in writing, the renter shall return the vehicle to the ASTRAL office at the end of the rental, in the state in which s/he received it. S/he shall be responsible for any and all damages incurred during the rental, irrespective of their cause or those that caused them.
The renter shall under no circumstances or force majeure be exonerated from the obligation, including in the event of thefts or traffic accidents attributable to third parties.
If the rented vehicle shows damages when it is returned, Astral’s loss (repairs, possible total loss, period during which the vehicle is immobilised, etc.) shall be established by an estimate of the repair costs, an invoice or a report by an expert appointed by the insurers. These documents shall be automatically relied upon against the renter.
When the vehicle is returned to Astral at a place other than the latter’s office, and the vehicle has been damaged, Astral shall immediately proceed to a description thereof and send said description to the renter within a week by registered letter. This description can be relied upon in regard to the renter on the grounds that it was sent by registered letter. The assessment of the described damages shall be carried out according to the preceding paragraphs.
The vehicle must be returned clean. If the exterior or the interior is dirty, the rent guarantee shall not be returned, and the cleaning price, i.e. €13 to €25, will be deducted from it.
An additional rent of one day shall be payable for any vehicle returned more than 2 hours late after the time agreed.
Article 6: INSURANCE
I. The vehicle shall be insured by ASTRAL for the account of the renter and the authorised drivers for civil liability, material damages, theft and fire.
Said cover shall extend only to the renter and the authorised drivers.
If an accident is attributable to the fault of the renter and/or the authorised driver, the latter shall be liable jointly and severally to pay ASTRAL a contractual indemnity of €175.00 + VAT (21%).
If the vehicle is driven by an unauthorised person, the insurance cover for material damages, theft and fire shall be forfeited and the driver and renter shall be held civilly liable by the insurer.
The renter and the authorised drives declare that they are cognisant of the various insurance policies taken out by ASTRAL for their account and that they adhere thereto without reservation. They acknowledge in particular that they are aware that the insurance for material damages, theft and fire contain an excess indicated in the rate on the basis of which the rental was concluded, that said excess shall remain at their expense under any and all circumstances, even in the event of theft, or access of vandalism.
They officially confirm that they are aware that the “material damages” insurer shall not intervene if the damages are not due to an accident but owing to the negligence of the renter also if at the time of such facts, the vehicle was driven by a person other than the renter or the authorised driver.
2. In the event of an accident during the rental, the renter shall:
a. put in a claim with ASTRAL within 24 hours and report to the police any and all physical accident, theft, voluntary waste or fire;
b. mention in the amicable official reporting of the accident any circumstances, the date and time of the accident, the name(s) and address(es) of witness(es), the name and address of the owner and/or driver of the other vehicle, the registration number of said vehicle, the name of the insurance company that covers said vehicle as well as the policy number;
c. transmit to ASTRAL any and all police, gendarmerie, bailiff’s report, etc.
d. under no circumstances acknowledge his/her liability nor come to a compromise with the third party.
3. The vehicle shall be insured only for the period of the rental, unless an extension thereof is accepted by ASTRAL in writing.
4. Damages caused to the vehicle because of dips in or bad condition of the road shall always be borne by the renter.
Damages to the roof and the upper parts of utility vehicles are not covered by insurance for material damages, even if the excess is purchased.
5. ASTRAL shall not be liable for accidents caused by the renter or authorised driver, and all the more so, by an unauthorised driver.
6. Any and all accidents, irrespective of the causes, shall entail an additional price of 40,00 € + VAT by way of administrative costs.
7. ASTRAL can get reimbursed each deductible as specified in the rental contract by deduction on the guarantee.
Article 7: MAINTENANCE – REPAIRS
The normal mechanical wear shall be at the expense of ASTRAL RENT A CAR. In the event that the vehicle is immobilised, repairs shall be carried out only after the written consent and according to the instructions of ASTRAL RENT A CAR. They shall be preceded by an estimate accepted by ASTRAL RENT A CAR with an itemised, paid invoice. Defective pieces replaced shall be presented with the paid invoice. Under no circumstances shall the tenant claim damages for delay in the delivery of the vehicle, cancellation of the rental or immobilisation in the event of repairs carried out during the rental period. ASTRAL RENT A CAR shall not be held liable for accidents caused by constructional defects or prior repairs, even in the event of an accident involving persons or property.
Article 8: FUEL AND OIL
The tenant shall check the oil and water levels at all times. S/he shall submit paid invoices to be reimbursed for the purchase of lubricants, provided that the quantities purchased correspond to the needs of the vehicle during the period considered. Fuel is never included in the price of the rental. A supplement of 8,00 €, inclusive of VAT, shall be invoiced for tank filling charges. If the vehicle should undergo mechanical damage due to non-compliance with its maintenance standards (oil and water level, servicing, etc.), ASTRAL RENT A CAR reserves the right to invoice for the full loss it has suffered.
Article 9: LIABILITY
The renter or authorised driver shall be criminally liable for any and all violations while driving or using the rented vehicle.
Article 10: APPLICABLE LAW - JURISDICTION
This contract shall be governed by Belgian law.
Any and all disputes regarding the interpretation and performance of the contract shall be referred to the Brussels courts. |
Article 1l: RESTRICTIONS
Owing to the high risks of theft in certain countries, restrictions are applied when renting a car.
a. In Italy and Turkey, the renter shall remain fully liable in the event of theft or disappearance of vehicles of categories E, G, H, M, I, L ; without the possibility of taking out theft insurance (TP)
b. No Mercedes or BMW models can be rented in Italy and Turkey.
c. The use of rented vehicles, irrespective of the group they belong, is prohibited in Bulgaria, the Czech Republic, Slovakia, Hungary, Poland, Rumania, Republic of Former Yugoslavia, the Independent States of the former USSR, and any country situated outside European territory.