A.         GENERAL

   ARTICLE 1: OBJECTIVE

The client wishes to rent one or more cars from LeasePlan for a short period, from a minimum of one day through a maximum of 23 months.

 

ARTICLE 2: DEFINITIONS

 

2.1 Delivery Note: the document that is issued by LeasePlan or another supplier to the client or the driver at the time of delivery of the Vehicle, or left in the Vehicle when there is no contact with the client or the driver at the time it is delivered, and in which the state of the Vehicle, the mileage and the quantity of fuel are included.

2.2 Vehicle Contract: the document in which the details of the client and of the driver as LeasePlanll as the period of right of use are stated, and that is issued by LeasePlan or another supplier to the driver or the client at the time of delivery of the Vehicle, or left in the Vehicle when there is no contact with the client or the driver at the time it is delivered.

2.3 Price Grid: is a document that contains an overview of the rates for the various types of Vehicles that can be rented, with all the parameters that may be applicable also listed therein.

If the provisions of the Price Grid differ from those in these general terms and conditions, the provisions of the Price Grid take priority.

2.4 Agreement: this consists of these general terms and conditions, the Price Grid, the Vehicle Contract and the Delivery note.

2.5 Reservation Confirmation: e-mail that LeasePlan sends to the client or the driver, in which reservation of a Vehicle is confirmed.

2.6 Vehicle: a passenger car or acommercial Vehicle.

 

ARTICLE 3: RESERVATION OF THE VEHICLE

3.1 A Price Grid is drawn up by LeasePlan.

3.2 When LeasePlan has received from the client a signed version of the Price Grid (with acceptance of these general terms and conditions by the client recorded therein), LeasePlan can reserve a Vehicle. After the reservation is entered a Reservation Confirmation is returned to the client or the driver.

3.3 The LeasePlan credit committee can hoLeasePlanver request (additional) guarantees before accepting the client.

 

ARTICLE 4: DELIVERY OF THE VEHICLE

 4.1 LeasePlan delivers the Vehicle at the agreed location and on the date shown in the Reservation Confirmation.

When the Vehicle is handed over, a Delivery Note is always drawn up and handed over to the client or the driver, or left in the Vehicle.

For Vehicles which are the property of LeasePlan, LeasePlan sends the client or the driver an electronic version of the state of the Vehicle on the next working day after delivery.

The client or the driver should check the state of the Vehicle and contact LeasePlan within 24 hours if there is extra damage that was not recorded in the Delivery Note.

Additional damage should be reported via e-mail to rental@leaseplan.com.

When the Vehicle is delivered the quantity of fuel in the Vehicle is indicated on the Delivery Document.

4.2 In the event of late cancellation, or when the client or the driver does not take receipt of the Vehicle, LeasePlan can bill the cost of one day’s rental, plus any costs for delivery and collection of the Vehicle.

 

ARTICLE 5: RIGHT OF USE

5.1 The right to use the Vehicle begins on the date and at the time indicated on the Delivery Document.

5.2 After a rental period of one month, LeasePlan reserves the right hoLeasePlanver to recall the Vehicle at any time free of charge and replace it by another Vehicle which is at a minimum situated in the same price category as the recalled Vehicle.

 

ARTICLE 6: RENTAL RATE

The client monthly pays the rental rate that is specified for every Vehicle in the Price Grid.


ARTICLE 7: ADJUSTMENT OF THE RENTAL RATES

LeasePlan reserves the right to index the rental rates, which are specified exclusive of VAT, annually in accordance with the consumer price index.

 

ARTICLE 8: DURATION, EARLY TERMINATION AND CHANGE OF THE AGREEMENT

8.1 This Agreement is a framework agreement and holds for an unlimited period.

Moreover, this Agreement can be terminated by either party at any time by registered letter, subject to a notice period of 3 months, without prejudice hoLeasePlanver to the validity of individual Price Grid(s) for Vehicles on the road or still in use for which the remaining period would exceed the notice period of the Agreement.

8.2 LeasePlan reserves the right to terminate this Agreement immediately and without notice of default if one of the following events occurs:

- if, in the event of failure to pay an invoice and after being reminded of this by means of a notice of default, the client has still not observed the Agreement 5 days after receipt of this reminder;

- a voluntary or involuntary petition for bankruptcy;

- if the client is in a situation of cessation of payments, has requested a judicial reorganisation or has been placed under the control of a provisional administrator;

- cessation of the activity, dissolution or liquidation, acquisition or change in share ownership of the client;

- if the client is no longer able to carry out its obligations because due to laws, statutes or regulation applicable to it, it is no longer authorised to do so;

- if the client commits a significant breach of this Agreement and this breach either cannot be remedied or the client has failed to remedy this infringement within sixty (60) days after receipt of a registered letter in which it is called upon to do so.

          

8.3 LeasePlan moreover reserves the right to immediately reclaim or recover Vehicles in the cases listed in article 8.2.

LeasePlan is also entitled to immediately reclaim the Vehicles if further use could seriously damage the reputation of LeasePlan.

8.4 If the Vehicles are not returned, LeasePlan will recover them at the expense of the client or his legal successor.

8.5 To maintain and guarantee the flexibility of its commercial relationship, LeasePlan can amend or supplement provisions of this Agreement at any time. Such amendments will hoLeasePlanver have no effect on the fundamental rights and duties of the parties, but may be needed to explain revised processes or products. You are informed of every amendment in advance and in writing. Every change will also always be announced in advance in our newsletter and via our LeasePlanbsite. Amendments to the present Agreement will only take effect as of the effective date specified in the notification, and will moreover only apply to Vehicles that you reserve after this date.

 

ARTICLE 9: MAINTENANCE AND REPAIRS

9.1. Normal maintenance costs of the Vehicle are the responsibility of LeasePlan. The client or the driver should hoLeasePlanver always ask permission from LeasePlan before maintenance or a repair may be carried out.

The client or driver will always present the Vehicle to a partner or supplier designated by LeasePlan.

9.2. Repair costs that are a consequence of improper use of the Vehicle are billed to the client (see also Articles 16.1 through 16.12).

 

ARTICLE 10: ROADSIDE ASSISTANCE

If the Vehicle is immobilised due to an accident or technical defect, LeasePlan will provide you with another Vehicle which belongs to the same price category.

The roadside assistance service will convey the Vehicle that is immobilised due to an accident or technical defect to a garage approved by the importer.

 

ARTICLE 11: RETURN OF THE CAR

11.1 When the right of use ends, the client brings back the Vehicle to LeasePlan’s collection site for used Vehicles. If the client wishes so, LeasePlan can have the car picked up at a location agreed with LeasePlan for an additional charge.

If needed, LeasePlan will have the Vehicle fully cleaned and bill the expenses incurred for this to the client.

The client must always inform LeasePlan in writing in advance if he want to turns in a Vehicle. This can be done by e-mail at rental@leaseplan.com or by calling the number 02/722 60 01.

If the client brings back the Vehicle to LeasePlan’s collection site himself, the state of the Vehicle, the mileage and the date are noted at the time of return on the collection form that is signed both by LeasePlan and the client or the driver.

If the Vehicle is turned in at a location agreed with LeasePlan, the client should ensure that a correct and complete “official Vehicle return report” is drawn up and signed by himself and the person who takes receipt of the Vehicle.

If the official report is incorrectly or incompletely filled in, or if there is no official report, LeasePlan will determine the damage at the time the Vehicle is brought to its collection site itself, and the client will be liable for this.

 

11.2 When the Vehicle is returned, the client or the driver should turn in the Vehicle with the same fuel level. If the Vehicle contains less fuel when returned, LeasePlan will bill the difference in fuel to the client, with a minimum of 5 litres of fuel plus a lump-sum fuel fee of €15.

11.3 Damage to the Vehicle is always determined on the basis of the “Fair LeasePlanar and Tear” standard of LeasePlan, which can be consulted on the LeasePlan LeasePlanbsite. In determining the damage to the Vehicle, LeasePlan does not take into account records or official reports that are not signed by it or an authorised representative it designated.

11.4 If it appears that the Vehicle is damaged upon return and no accident report was filed for this at the time of the damage, or any insurer takes no (further) action, the estimated repair cost of the Vehicle (determined by an independent expert) is billed to the client, plus an administrative fee. Normal LeasePlanar and tear is not considered damage.

11.5 When the Vehicle is returned, LeasePlan will draw up a statement for the kilometres that exceed the maximum number of kilometres listed in the Price Grid.

 

ARTICLE 12: BILLING

12.1 Invoices are sent electronically by LeasePlan in a legally permitted and secure format. The files sent should be archived by the client in the original form in which they LeasePlanre sent.

12.2 If LeasePlan has not received payment of invoices on the due date, the client is charged, automatically and without notice of default, interest on every overdue amount equal to the interest specified by the Law of 2 August 2002 on combating late payment in commercial transactions, from the due date to the day of payment. A part of a month counts as a full month.

12.3 After a first payment reminder, the client also pays administrative costs, namely 10% of the overdue amount with a minimum of 50 EUR and a maximum of 250 EUR.

12.4 If the client does not make the agreed payments or fails to fulfill other obligations enumerated in this Agreement, LeasePlan sends a written notice of default.

12.5 If the client does not agree with the content of an invoice, LeasePlan expects a written response with justification from the client within 10 days, to be sent to the attention of the Collection department at LeasePlan. After this term elapses, the client is deemed to have accepted the invoices.

 

ARTICLE 13: INSURANCE

LeasePlan ensures that civil liability, legal assistance, and risks related to material damage to a Vehicle are insured or covered to the best of its ability. LeasePlan makes a distinction betLeasePlanen, on the one hand, civil liability and legal assistance and, on the other, hand the risks that LeasePlan bears itself, called Risk Retention, that are outlined in the second part of these general terms and conditions (see B) (Terms of Use, Articles 16 to19).

 

ARTICLE 14: DATA PROCESSING

       14.1. Definitions

       “Data Controller” means the entity or natural person which alone or jointly with others determines the purposes and means of Processing of Personal Data;

       “Data Processor” means any third party that Processes Personal Data under the instruction or supervision of LeasePlan but does not fall under the direct authority of LeasePlan;

       “Data Protection Law” means Directive 95/46/EC on the protection of individuals with regard to the Processing of and the free movement of such data and all laws and regulations and sectoral recommendations containing rules for the protection of individuals with regard to the Processing, including without limitation security requirements for and the free movement of Personal Data;

      “Personal Data Security Breach” means the unauthorized acquisition, access, use or disclosure of unencrypted Personal Data that compromises the integrity or privacy of such data to the extent the compromise poses a significant risk of financial, reputational, or other harm to the Driver. A Personal Data Security Breach is deemed not to have occurred where there has been an unintentional acquisition, access or use of unencrypted Personal Data by an employee of LeasePlan or Third Party Processor or an individual acting under their respective authority, if

•    the acquisition, access, or use of Personal Data was made in good faith and within the course and scope of the employment or professional relationship of such employee or other individual; and

•    the Personal Data are not further acquired,

     accessed, used or disclosed by any person.

      “Data” means all Driver and Vehicle information that is collected and Processed in the context of Services whether provided to LeasePlan by Client or by Drivers, or generated by LeasePlan through its systems and applications (derived data);

      “Driver” means a Client employee and/or any other individual working for Client;

      “Personal Data” means any information relating to an identified or identifiable individual;

      “Processing” means any operation that is performed on Personal Data, whether or not by automated means, such as collection, recording, storage, organization, alteration, use, disclosure (including the granting of remote access), transmission or deletion of Personal Data. "Process" and "Processed" are to be construed accordingly;

 “Vehicle” means the Vehicles that fall within the scope of the Services.

 14.2 In signing this agreement the signer agrees to provide us with a copy of his identity card.

 14.3 The client is responsible for providing LeasePlan with the correct details for the driver of the Vehicle and any changes in this when needed.

 14.4 Data Protection

1.    Personal Data. The Parties acknowledge that the performance of this Agreement involves collection and use of various categories of Data, some of which may constitute Personal Data.

2.    Controllership. Each Party agrees that in respect of Data that constitutes Personal Data:

(A)   LeasePlan qualifies as Data Controller for Processing of Personal Data in the context of providing and improving Services; and

(B)   Client qualifies as Data Controller for Processing of Personal Data made available to Client via LeasePlan’s systems or applications.

3.    Compliance. LeasePlan and Client shall comply with their respective Data Controller obligations under Applicable Data Protection Law.

4.    Security. LeasePlan shall implement appropriate technical, physical and organizational security measures to protect Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and against all other forms of unlawful processing (including, but not limited to unnecessary collection or further processing).

5.    Access. LeasePlan will have in place procedures so that any third party it authorizes to have access to Personal Data, including Data Processors, will respect and maintain the confidentiality and integrity of Personal Data. Any person acting under the authority of LeasePlan, including a Data Processor, shall be obligated to Process Personal Data only on instructions from LeasePlan. This provision does not apply to persons authorized or required by law or regulation to have access to Personal Data. LeasePlan shall ensure that subcontractors shall be bound to the same obligations with respect to Personal Data as to which LeasePlan is bound by this Clause 16.3.5. LeasePlan will remain fully liable to Client for the subcontractor’s performance of the contract, as LeasePlanll as for any acts or omissions of the subcontractor in regard to its Processing.

6.    Inspection or audits by public authorities. Each Party shall submit its relevant Processing systems, facilities and supporting documentation to an inspection or audit relating to the Processing by a competent public authority if this is necessary to comply with a legal obligation. In the event of any inspection or audit, each Party shall provide all reasonable assistance to the other Party in responding to that inspection or audit. If a competent public authority deems the Processing in relation to the Agreement unlawful, the Parties shall take immediate action to ensure future compliance with applicable Data Protection Law.
7.    Notice of disclosures and Personal Data Security Breaches. LeasePlan shall provide timely notice to Client if:

(A)   it receives an inquiry, a subpoena or a request for inspection or audit from a competent public authority relating to the Processing;

(B)   if it detects that a Personal Data Security Breach has occurred.

Such notice shall be sent to Primary Contact of Client.

8.    Security Breach. In case of Personal Data Security Breach, and in addition to Clause 16.3.7.(B), LeasePlan shall take adequate remedial measures as soon as possible. Furthermore, LeasePlan shall timely provide Client with all relevant information as requested by Client regarding Personal Data Security Breach. LeasePlan shall develop and execute a response plan to address Personal Data Security Breach.

9.    Cross-border Transfers. If any Personal Data shall be transferred outside the European Economic Area and Switzerland for the purpose of providing Services, such data transfer will be governed by the LeasePlan Binding Corporate Rules for Client, Supplier and Business Partner Data. LPCORP warrants that it will maintain and extend the EU authorization of its Binding Corporate Rules for Client, Supplier and Business Partner Data for the duration of the Agreement and that it will promptly notify Client of any subsequent material changes in the EU authorization of its Binding Corporate Rules.

10.   Data Deletion/Anonymisation. Upon termination of the Agreement, LeasePlan shall no longer Process Personal Data, except to the extent required by this Agreement or as required by mandatory requirements in respect of the books and records of LeasePlan or as otherwise required by law.

 

ARTICLE 15: GENERAL PROVISIONS

 15.1 Each party shall inform the other party forthwith about any material changes within their organization, business or legal status which might have consequences for this Agreement.

 15.2 Fines, irrespective of the designation, that  

 are caused by a violation of the law or the rules,

 shall be payable by the client unless LeasePlan  

 itself has been negligent or has committed an

 error.

 15.3 All reasonable costs which LeasePlan has  

 had to incur to defend its rights with regard to this Agreement or costs and taxes arising from  

 new legislation which was not in force at the time

 the Agreement was entered into, shall be paid by  

 the client.

15.4 LeasePlan might be the owner of the Vehicles it  leases out. The client will notify LeasePlan immediately if third parties assert  rights to the Vehicle, wish to seize it or intend to   take other measures. The client must make it clear to  

 these third parties that LeasePlan or where appropriate, a supplier of LeasePlan, are the owners of the Vehicle concerned.

 

If, in the event of a breach of legal provisions in Belgium or abroad, the Vehicle is seized or  temporarily or permanently taken  off the road, the client shall pay the costs related  thereto. In such situations, LeasePlan may take all such measures as it deems necessary in order to protect its rights.

15.5 Unless agreed otherwise by parties jointly in  

 writing, any registered letters shall only validly be

 sent to the address mentioned at the head of this

Agreement. Notification of any and every change of registered office shall be given by registered

 letter to the other party.

15.6 Provisions in this Agreement which would conflict with statutory or regulatory provisions shall be  deemed not to have been included herein, whilst the other provisions shall remain in force. The failure to exercise or the delay in exercising a  

 right, pursuant to this Agreement, does not  

 constitute a waiver or a limitation of this right.

15.7 This Agreement as LeasePlanll as any annexes or appendices have to be signed, in name of the client, by the person(s) who can validly and legally represent the company. If LeasePlan would conclude, upon reception of the signed documents, that the Agreement has not been duly and properly signed, it withholds the right to consider the Agreement as null and void.

 

LeasePlan may, hoLeasePlanver, assume that the persons who signed the Agreement have the appropriate authority to legally bind the company.

15.8 Belgian law is applicable to this Agreement   

 and any annexes and supplements.

 15.9 Both parties shall have any disputes  

 concerning the validity, interpretation and  

 execution of this Agreement settled solely by the  

 competent courts in Brussels.

 

B.          TERMS OF USE

 

ARTICLE 16: USE

16.1 If a Vehicle is made available to the client or to the driver which is not owned by LeasePlan, any deviating terms of use imposed by the supplier of LeasePlan and which are located on board of the Vehicle as LeasePlanll, will also apply.

16.2 The cost of a Vehicle is influenced by the driving style of the driver. The client and the driver therefore undertake to use the Vehicle and its accessories as a "reasonable and prudent driver".

16.3 If the Vehicle is used in a way other than that for which it was made available, any costs arising from this will be charged to the client. For example, speed trials, endurance tests and similar events re strictly forbidden.

16.4 It is forbidden to use the Vehicle to push or tow other cars or to carry people in return for payment.

16.5 Sub-hiring of the Vehicle is forbidden.

16.5 It is expressly forbidden for the driver to smoke inside the submitted Vehicle. If the driver does not comply with this prohibition, any expenses arising from the cleaning or repair of smoke or cigarette damages are fully charged to the client.

16.6 Hazardous and/or explosive substances may only be carried on the condition that the client and/or the driver is always in possession of the relevant legal permits and always has the document at hand inside the Vehicle while driving. Moreover the client must notify LeasePlan of this in writing, so that LeasePlan can take out an additional insurance policy on behalf and at the expense of the client.

16.7The Vehicle may only be used in the countries listed on the insurance certificate (green card).

If these provisions are not followed, LeasePlan  and/or the insurance company does not intervene, the client shall pay for all damage or loss occasioned on account hereof and LeasePlan shall not be responsible for this.

16.8 The instructions given by the importer or manufacturer regarding use and maintenance (in the maintenance manual) and compliance with the maintenance schedule are important and should be followed. For example, according to these guidelines the driver should regularly check the fluid levels and if necessary top these up (oil, water, antifreeze, etc.).

16.9 When a Vehicle or one of its parts has sustained damage through abnormal use or by an abnormal cause, LeasePlan has the cause of the defect or the damage ascertained in a report. If the driver is held responsible, for example for driving without sufficient oil, the client will notified thereof in writing.

 

If the client judges that there are serious reasons for disputing the report of LeasePlan, he can, at his own expense and on pain of cancellation, appoint himself an expert within 5 working days of the date of the notification by LeasePlan of its report. In such a case the client notifies LeasePlan that he proceeds with an appraisal by a counter expert and informs LeasePlan of the name of its expert. Parties agree to accept any possible unanimous content of the decision of these experts as binding and irrevocable.

 

If the decisions conflict, both experts will appoint a third expert who will take a decision that is final and irrevocable within 10 days (on receipt of the report from the expert appointed by the client).  The costs and fees of the third expert will be paid by the losing party.

16.10The driver must of course always be in possession of a driver’s licence valid in Belgium for the type of Vehicle, and must abide by rules concerning the Vehicle’s speed, load and towing.

Violations of the statutory rules and regulations, including the traffic rules - and therein stipulations concerning the condition and use of the Vehicle - fall under the clients’s responsibility. In these cases the client shall protect LeasePlan from any fines or other claims.

If LeasePlan itself is obliged to pay a fine, it will afterwards charge the amount of the fine to the client or the driver, plus an administration fee of at least 15 EUR.

16.11 The Vehicle may be driven by the driver indicated in the Reservation confirmation and/or the Delivery note, or by other drivers indicated on the same payroll or officially resident at the same address as the driver.

The driver should be at least 21 years of age and since at least 1 year in possession of a valid driving licence.

16.12The client may not give the Vehicle in pledge, further rent it out or in any other way make it available to third parties against payment, unless LeasePlan gave its prior written permission to do so.

 

ARTICLE 17: MODALITIES FOR RETURNING THE VEHICLE

17.1 Documents or items that belong with the Vehicle should be returned together with the Vehicle: the certificate of registration, the official number plate, the insurance certificate, the statement of uniformity, all keys, the maintenance booklet and the proof of technical inspection, (insofar as this is applicable).

In the event of loss or theft of one of these documents, the driver is requested to lodge a complaint with the police and forward to LeasePlan the original report of loss or theft drawn up by the police.

For the replacement of one of these items, LeasePlan will charge to the client the replacement cost, plus an administrative cost.

If one or more of these documents or items are not returned immediately, LeasePlan is entitled to continue the invoicing of the lease price until all documents and items are returned.

17.2 If a key is missing upon return of the Vehicle, LeasePlan will also charge the client the replacement cost plus an administrative costs, unless the driver can produce a report of loss or theft in this regard.

 

ARTICLE 18: RISK RETENTION: GENERAL 

18.1 If a Vehicle is damaged or stolen, the driver must notify this immediately to LeasePlan by telephone by calling the number 02/722.60.01 or sent an email to rental@leaseplan.com.

Within 48 hours after the claim, the driver sends the completed copy of the European collision form to LeasePlan. If the claim relates to theft (including carjacking and home jacking), attempted theft, or collision with animals, the driver should also send to LeasePlan an original certificate from the police, with a mention of the number of the report and the details of the service concerned in order to demonstrate that the driver reported these facts.

A late, incomplete or false report or the lack of a report can cause loss or give rise to costs. If this occurs, LeasePlan charges this loss and/or these costs to the client’s account.

18.2 LeasePlan shall have the repairs carried out in our its name by bodywork repairers who are recognised by it.

LeasePlan reserves the right to refuse, or to bill the client invoices from non-recognised bodywork repairers.

18.3 The client undertakes to give all suitable information and to ansLeasePlanr LeasePlan’s questions in order to facilitate the processing of the file. LeasePlan is entitled to carry out any useful examinations ourselves.

 

ARTICLE 19: CONDITIONS GOVERNING RISK RETENTION

Under the conditions and limitations set out hereunder, LeasePlan shall bear the following risks: fire, theft or attempted theft, own material damage and glass breakage.

19.1 Fire

This is the damage caused by fire, explosion, lightning, blowpipe flames and short circuits. LeasePlan also pays the costs of fusion damage to electrical wiring. If the damage is covered, LeasePlan shall also pay the costs of extinguishing the covered Vehicle.

The following are not covered by LeasePlan:

  1. damage caused by scorching (for example by cigarettes on the Vehicle’s upholstery);
  2. damage caused by the loading, unloading or the transportation of lightly inflammable or explosive substances or goods, with the exception of the fuel in the tank and materials or goods for domestic use;
  3. see also: general exclusions (Article 19.6)

19.2 Theft and attempted theft

LeasePlan bears the damage or loss caused by theft (including carjacking and home jacking) or attempted theft, as described in Article 461 of the Belgian Code of Criminal Law. This damage is extended to the costs of replacing all locks on the Vehicle if one or more keys are stolen or lost and you have reported this to the police within 24 hours.

LeasePlan retains the right to impose the installation of an additional anti-theft system it approved.

In the following situations you will compensate LeasePlan for the damage sustained by theft (including carjacking and home jacking) or attempted theft:

  1. if the theft or attempted theft is committed by or with the participation of the client or the driver, an appointee or someone to whom the client or the client’s appointee made the Vehicle available (directly or indirectly);
  2. if the Vehicle was not correctly locked; if the Vehicle was left with the doors, windows, boot or sunroof open; if it appears that the client, the driver or the client’s appointee are no longer in possession of all the keys and/or remote control devices or if it appears that one of the keys was in the Vehicle;
  3. if it turns out that the Vehicle found has no signs of breakage or an attempted break-in;
  4. if the alarm system or the contact breaker was not turned on or was put out of use without the written agreement of LeasePlan;
  5. if the Vehicle disappears through abstraction, embezzlement or abuse of trust, as described in Article 491 et seq. of the Belgian Code of Criminal Law.

In the event of theft (including carjacking and home jacking) or attempted theft, the driver should act as follows:

  1.    i.        report the incident immediately and at the latest within 24 hours, to the police. If the events occur abroad the driver must file an additional statement with the Belgian federal police as soon as he returns to Belgium;
  2.   ii.        notify LeasePlan’s insurance department of the facts, in writing, within 24 hours of this report, giving detailed information of what happened. Also state the number of the statement report, give the details of the federal police department involved and the original police certificate, clearly specifying the stolen Vehicle and/or documents;
  3.  iii.        if LeasePlan requests it, the driver should hand over all keys, remote control devices, sheets, cards, codes and where appropriate removable radio fronts, contact breakers or alarm systems, together with all on-board documents. If these documents or items are stolen together with the Vehicle, this will also have to be stated in a certificate of “theft, loss or estrangement of documents”;
  4.  iv.        lodge a complaint or file a statement of loss with the police if one or more keys are stolen or lost. LeasePlan also expects to receive these documents of evidence within 24 hours. In this situation the driver  will take all necessary measures to prevent the theft of the Vehicle or its contents whilst waiting for the locks to be replaced.

If these conditions are not fulfilled, LeasePlan shall not bear the loss and LeasePlan will recover the costs from the client.

 

LeasePlan hereby gives the driver power of attorney, as far as it is necessary, to make any reports of the loss of a number plate and/or on-board documents in our place. According to some police departments, only the “holder” of the number plate can do this, unless the latter grants the user of the Vehicle power of attorney.

If the stolen Vehicle is not back in LeasePLan’s possession 30 days after the date on which LeasePlan received the written report, LeasePlan will consider this as a total loss that occurred on the day of the theft.

19.3 Material damage

LeasePlan bear the costs of damage to the Vehicle in the following situations:

  1.   damage caused by a road accident involving the Vehicle overturning, colliding or making contact with any object;
  2. damage caused by vandalism and malice unless caused by the driver or the client;
  3.   damage caused by natural forces. This is damage caused directly and exclusively by floods, hail, volcanic eruption, earthquake, collapse of rocks, falling rocks, earth tremors, avalanches, snowfall, the pressure of a mass of snow, the collapse of piled up snow or ice, gales whose top speed as recorded by the closest LeasePlanather station reaches 80 kph, hurricanes, cyclones or tidal waves;
  4.   damage which is directly and exclusively the consequence of the emergency landing or crashing of an aircraft or part thereof;
  5.   damage caused by deposit of chemical substances;
  6.   damage caused by unforeseen contact with animals.

19.4 Glass breakage

LeasePlan bears the costs of damage to front and rear windscreens and side windows, fog lamps, front and back lights and to the glass sunroof if the cracking or breakage of the glass is caused by the impact of an object that does not form part of the Vehicle itself (for further details, see under general exclusions, Article 24.6). LeasePlan also bears the cost of damage to front and rear windscreens and side windows in the event of spontaneous glass breakage. In all these cases LeasePlan can appoint an expert to examine the damage.

 

19.5 General extensions

In the event of insured damage, LeasePlan also bears the following costs, upon submission of the necessary documentary evidence:

  1. damage to or theft of the original fixed parts that constitute the catalogue value;
  2. damage to or theft of the accessories up to a maximum of 500 EUR (including the VAT that cannot be recovered). In the event of total loss of these accessories, LeasePlan shall take account of a depreciation of 1% per month commenced as from the purchase date;
  3. the costs of temporarily storing the wrecked car provided the damage limitation obligation has been met (e.g. timely notification of damage);
  4. the costs of disassembly if this is necessary to enable an estimate to be made of the damage;
  5. the costs of a technical inspection after the Vehicle has been repaired;
  6. the proven towing costs (currently up to a maximum of 5.000 EUR).

19.6 General exclusions

LeasePlan shall not bear any costs (these being payable by the lessee) for damage:

  1. caused by a driver in a state of intoxication by alcohol or in a state of drunkenness or a similar state as a result of products other than alcoholic beverages;
  2. during participation in speed trials, endurance tests or contests of skill;
  3. if the driver fails to meet the conditions laid down under Belgian law concerning authorisation to drive a Vehicle;
  4. by faulty maintenance, a failure to abide by the rules on technical inspection, a failure to follow the manufacturer’s guidelines (driving without sufficient oil, bald tyres) or a defective operation of the brake light and/or steering, unless the client demonstrates that the rules or guidelines were indeed followed by the driver or that there is no direct or indirect causal link between this condition and the damage;
  5. to the part of the communication and/or navigation installation that is not attached to the Vehicle or theft thereof;
  6. to personal property and objects that are transported in the Vehicle or theft of these goods;
  7. to the Vehicle, caused by goods transported inside the Vehicle (i.e. ski box, bicycles on luggage carrier);
  8. by overloading, the transport of personal or business effects or animals, and the loading and unloading of these;
  9. to tyres unless this occurs with other material damage the costs of which are borne by LeasePlan;
  10. by war, strikes and/or demonstrations if your appointee participates actively in these, civil, political or social unrest, attacks, insurrection, terrorism, armed or unarmed raids or hold-ups unless the client or the driver demonstrates that there is no direct or indirect causal link between these facts and the damage;
  11. as a result of any phenomenon linked to radioactivity;
  12. damage deliberately caused by the clien, an appointee or a driver of the Vehicle;
  13. to four-wheel drive or all-terrain Vehicles unless the driver proves that the damage occurred during normal use on a public road for use by any Vehicle;
  14. loss of use, reduction in value and replacement Vehicle costs;
  15. damage, regardless of the cause, which occurred in a country not mentioned on the insurance certificate (green card) unless the client requested additional cover and received written consent from LeasePlan beforehand;
  16. by theft if it is established that the alarm system or the contact breaker was not turned on or was out of order without the written approval of LeasePlan;
  17. by false or incomplete information. LeasePlan can claim this damage back from you, as when, for example, LeasePlan has borne the damage to the Vehicle itself when it emerges from a subsequent report or judicial file that the Vehicle took part in a speed competition.

 

19.7 Contractual compensation

For every claim, the client bears a part of the costs itself, called  contractual compensation. You are invoiced The amount of this contractual compensation is invoiced to the client per claim, plus an administrative cost per claim.

In case of several impact points, these will be considered as separate claims, unless they are caused by one manoeuvre during the accident.

If this amount can be recovered and collected from a third recognised liable counterparty, LeasePlan will reimburse this amount to the client.

If the amount of the loss is smaller than the contractual compensation, LeasePlan will the client for this loss amount rather than the full contractual compensation.

Provided that the client complies with the provisions of Article 19.2 and 19.3, LeasePlan does not ask for any contractual compensation (unless other arrangements have been made for this in the annex per Vehicle) for damage caused by:

  1. theft or attempted theft;
  2. natural forces;
  3. crashing of aircraft and falling parts thereof;
  4. collision with animals provided the incident was reported to the local police;
  5. glass breakage;
  6. fire.