PART I — GENERAL PROVISIONS

Article 1 – Parties

1.1 DDV Verhuur

DDV Verhuur is the trading name of Mana Rental Service BV, a company incorporated under Belgian law with registered office at Jacobsenstraat 9, 8400 Ostend, registered in the legal entities register of Ghent, Kortrijk division, under enterprise number 0757.538.326.

Business establishments:

Jacobsenstraat 9, 8400 Ostend (head office)
Oudenaardestraat 53, 8570 Anzegem

Contact details:

info@ddv-verhuur.be | www.ddv-verhuur.be

1.2 The renter

The renter is the consumer who enters into the rental agreement. By entering into the agreement, the renter declares that he/she:

is of legal age (minimum 18 years; minimum 40 years for luxury vehicles);
holds a valid driving licence submitted before the start of the rental period and compliant with Belgian legislation;
holds the correct category of driving licence for the rented vehicle;
holds a valid identity document (identity card or passport).

1.3 Authorised drivers

Only the driver(s) expressly named in the rental agreement are entitled to drive the rented vehicle. Each authorised driver must meet the same conditions as the renter: (i) be at least 18 years old, or at least 40 years old in the case of luxury vehicles; (ii) hold a valid driving licence, submitted before the start of the rental agreement, that complies with Belgian legislation; (iii) hold the correct driving licence category for the rented vehicle; and (iv) hold a valid identification document (identity card or passport) in accordance with Belgian legislation.

Drivers who are not listed in the agreement are not covered by any insurance.

Article 2 – Scope

The following general terms and conditions apply to the rental of all vehicles and accessories and to all other products and services of DDV VERHUUR, regardless of where the agreement is concluded.

By reserving and using our vehicles and services, the renter acknowledges having read these general rental terms and conditions and agrees to accept and comply with them. These general rental terms and conditions also apply to and must be complied with by the person responsible for payment of the rental and any additional costs, as well as by every other driver expressly named in the rental agreement and therefore authorised to drive the vehicle.

These general terms and conditions apply to all agreements with DDV VERHUUR notwithstanding any conflicting provisions stated in the renter's documents. Deviations are only permitted with the written agreement of all parties concerned.

DDV VERHUUR reserves the right to amend the general terms and conditions. Any amendment will be communicated to the renter in writing in advance. Amendments apply only to reservations made after the date of notification. Ongoing rental agreements will not be amended unilaterally.

PART II — FORMATION OF THE AGREEMENT

Article 3 – Reservation and formation of the agreement

Each reservation is confirmed by telephone (WhatsApp) or by email. If the vehicle and/or the requested products and services are unavailable, the renter will be informed as soon as possible.

Following confirmation of the reservation, the renter may collect the reserved vehicle. The renter must present a valid identification document (identity card, passport or European and/or International driving licence) and a valid driving licence.

With each reservation, the renter agrees that DDV Verhuur may communicate with him/her both by telephone and electronically. All notices are sent to the (electronic) addresses stated in the rental agreement, which are accepted by both parties as their chosen communication addresses. Each party is responsible for notifying changes of address.

In the event of force majeure or technical necessity, DDV Verhuur may replace the rented vehicle with a vehicle of an equivalent or higher category. If only a lower-category vehicle is available, the renter is entitled to a proportionate price reduction or, at his/her choice, termination of the agreement free of charge.

In the event of fraud, all costs arising from actions taken by DDV Verhuur or its insurer to prove the fraud may be charged to the perpetrator. DDV Verhuur reserves the right to refuse future rentals to the persons concerned.

Article 4 – Amendment and cancellation of the reservation

The renter may amend or cancel a reservation only by email to info@ddv-verhuur.be. Amending the reservation is free of charge if DDV Verhuur is informed no later than 48 hours before the start of the rental period. At the time of amendment, new rental prices may apply.

If the reservation is cancelled within 48 hours before the start of the rental period, a late cancellation fee will be charged. This fee is equal to three days' rental or the total rental price if that amount is lower. If the reservation was prepaid, the rental price will be refunded after deduction of the aforementioned fee.

For agreements concluded between DDV Verhuur and a consumer within the meaning of the Belgian Code of Economic Law (CEL), the consumer-renter may withdraw from the rental without giving reasons and without payment of compensation within 14 days after the reservation and no later than 48 hours before the start of the rental period.

If, after confirming the reservation, DDV Verhuur fails to deliver the rented vehicle at the start of the rental period and cannot offer an alternative vehicle, the consumer-renter is, except in cases of force majeure, entitled to compensation equal to three days' rental or, if lower, the total rental price.

If the renter has not cancelled the reservation and does not collect the rented vehicle on the start date and at the start time stated in the reservation, the total rental price will be retained. If the reservation was not fully prepaid, the renter remains liable for payment of the total rental price.

Article 5 – Right of withdrawal

Pursuant to Article VI.53, 12° of the Belgian Code of Economic Law, the statutory 14-day right of withdrawal (Article VI.47 CEL) does not apply to contracts for the rental of means of transport where a specific date or period of performance has been agreed. DDV Verhuur contractually provides a cancellation right as described in Article 4 of these general terms and conditions.

PART III — FINANCIAL PROVISIONS

Article 6 – Price and rates

All prices are stated in euros. DDV Verhuur has the right to amend the stated prices before the renter makes a reservation. The stated rates and offers do not automatically apply to future rentals or other services.

The total rental price includes: (i) the daily, weekly or monthly rental price for the agreed rental period, including the standard included services; (ii) comprehensive insurance with the amount of the selected excess; (iii) the environmental contribution and administration fee; (iv) all other additional products and services added by the renter; (v) any additional costs for exceeding the maximum permitted mileage; and (vi) 21% VAT.

The following services are included in the basic rental amount: third-party liability insurance; comprehensive insurance; limited mileage as stated in the reservation; return of the rented vehicle during office hours.

Changes to the rental or other services may result in a price adjustment. DDV Verhuur expressly reserves the right, for a valid reason and subject to prior simple notification, to increase its prices after the reservation. In the event of such a price increase, the renter has the right to terminate the agreement by registered letter within 10 calendar days. Where applicable, the renter must return the rented vehicle within 24 hours after notification. Valid reasons include, among others: changed market conditions, increases in insurance premiums, price indexation and changes in legislation.

Mileage charges, tolls and mobility permits are always payable by the renter and/or the other authorised driver(s).

Article 7 – Security deposit

For every rental, a monetary security deposit must be paid no later than at the time the rented vehicle is collected. The amount depends on the selected vehicle, rental period and any additional products and services. The amount of the deposit is communicated at the time of reservation. Adding extra products/services or extending the rental period may result in a higher deposit being due.

The rental deposit will be refunded within 14 working days after the end of the rental agreement to an account held in the renter's name as stated in the rental agreement. DDV Verhuur reserves the right to retain all or part of the deposit to settle outstanding amounts, including damages, administrative charges, fines, tolls and other debts arising from use of the rented vehicle.

In the event of damage, defects and/or faults to the rented vehicle, release of the deposit may be postponed until the damage file has been finalised. If invoices remain unpaid, release may be postponed until all sums due under the rental agreement have been paid.

Article 8 – Payment terms

All persons named in the rental agreement are jointly and severally liable for payment of all costs arising from the rental agreement.

Unless expressly agreed otherwise, the full rental amount (or the first month's rental amount for long-term rental) and the deposit must be paid in cash no later than when the rented vehicle is collected. Payment is always due at the registered office of DDV Verhuur.

In the event of full or partial non-payment, a free reminder will be sent after expiry of the payment term. If payment is not made within 14 calendar days after the reminder is sent, the following amounts are due (Art. XIX.2 in conjunction with Art. XIX.4 CEL):

default interest at the reference interest rate plus eight percentage points as referred to in Article 5, second paragraph, of the Belgian Late Payment Act;
fixed compensation:
debt up to and including €150: €20;
debt between €150.01 and €500: €30 plus 10% of the amount in that bracket;
debt above €500: €65 plus 5% of the amount above €500, capped at €2,000;
costs for further reminders: €7.50 plus postage, from the second reminder or from the fourth late payment in the same year.

Full or partial non-payment of one invoice on its due date causes all invoices not yet due to become immediately payable, together with the above interest and compensation. All discounts granted lapse in the event of late payment.

Any complaint must be made by registered letter within 14 calendar days of the invoice date.

Except in the event of proven breach by DDV Verhuur, lodging a complaint does not entitle the renter to suspend payment of undisputed invoiced amounts.

If DDV Verhuur fails to refund amounts due by it on time, interest will accrue automatically at the reference interest rate plus eight percentage points as referred to in Article 5, second paragraph, of the Belgian Late Payment Act, and the consumer-renter will be entitled to compensation of 10%, capped at €500.

PART IV — PERFORMANCE OF THE AGREEMENT

Article 9 – Condition of the vehicle at the start of the rental period

At the start of the rental period, the current condition of the rented vehicle, its equipment and accessories is described in a condition report. This report forms part of the rental agreement and must be signed by the renter and/or the other authorised driver(s). They are responsible for checking its accuracy and completeness before signing.

The renter and/or the other authorised driver(s) acknowledge having received the rented vehicle in the exact condition described in the signed condition report. DDV Verhuur cannot be held liable for damage or defects not recorded in that report.

Unless expressly stated otherwise in the condition report, the renter acknowledges having received the rented vehicle in good maintenance and working condition, equipped with all legally required equipment, accessories and documents.

When collecting the rented vehicle, the renter and/or the other authorised driver(s) must check the brakes, lights, fuel level and odometer. If during the rental period or upon return it is established that the odometer is defective and this was not immediately reported to DDV Verhuur, the renter will owe a charge calculated at 450 km/day.

Article 10 – Use of the vehicle – obligations of the renter and drivers

General obligations

Throughout the rental period, the renter accepts responsibility for the rented vehicle. The renter and/or the other driver(s) undertake to use the rented vehicle as a prudent and reasonable person would in similar circumstances. They must maintain the vehicle properly, return it in a clean condition and take the necessary precautions to avoid damage or involvement in an accident.

The renter and/or the other driver(s) must safeguard the rented vehicle at all times. This means, among other things, that the vehicle must be closed and locked when not in use and that the keys must be kept in a safe place.

If the renter and/or the other driver(s) suffer property damage or bodily injury while using the rented vehicle, they cannot claim compensation from DDV Verhuur.

Traffic legislation

The renter and/or the other driver(s) must drive the rented vehicle in accordance with applicable traffic legislation and must be familiar with all local traffic rules. All fines, taxes, charges or penalties resulting from traffic offences of any kind arising from possession or use of the rented vehicle during the rental period are borne entirely by the renter and/or the other authorised driver(s).

If DDV Verhuur receives a fine or charge because the renter and/or other driver(s) failed to comply with applicable regulations, an administration fee of €25 (including VAT) per fine/charge will be charged for handling it, in addition to all other costs relating to the processing and/or recovery of fines or other sanctions.

Travel abroad

Travel abroad must be reported in advance. Under no circumstances is travel permitted to countries not included in the area of cover of the rented vehicle's insurance card. The renter and/or the other driver(s) must always verify whether driving the rented vehicle is permitted in the countries to which they intend to travel.

Before departure, they must also verify whether the rented vehicle carries the required documents and/or equipment to comply with the local traffic regulations of the countries through which they travel. The renter and/or the other driver(s) must also comply with the traffic rules of the country in which they are driving the rented vehicle.

Transport of persons and goods

The renter and/or the other driver(s) must use the rented vehicle in accordance with its intended use and must observe: the maximum permitted number of passengers stated on the registration certificate; the maximum permitted weight, quantity and volume when transporting goods; and the maximum authorised mass when using a tow bar.

Goods transported in the rented vehicle are not covered by DDV Verhuur.

The renter and/or the other driver(s) must ensure that all accessories, luggage and goods carried in the rented vehicle are secured in accordance with applicable regulations and in such a way that they cannot cause damage to the rented vehicle.

Prohibited use

The renter and driver(s) are expressly prohibited from using the rented vehicle for:

transporting goods or persons on behalf of third parties, whether or not for payment, including courier services, taxi services or other forms of commercial transport;
committing a criminal offence;
subletting, pledging, selling or otherwise encumbering the vehicle with a security interest;
use on unpaved roads or roads whose condition creates a risk of damage;
transporting flammable, dangerous, toxic or radioactive goods;
participation in races, rallies or other competitions;
providing driving lessons or accompanied driving;
pushing or towing another vehicle, caravan or trailer if the rented vehicle is not fitted with a tow bar.

No advertising may be applied to the rented vehicle unless expressly authorised in writing in advance by DDV Verhuur. No technical intervention or modification may be made without DDV Verhuur's prior written consent.

Any use in breach of this provision is considered a material contractual breach. In such a case:

all insurance cover lapses in full;
all damage, costs and liabilities are borne entirely by the renter and/or driver(s);
DDV VERHUUR reserves the right to terminate the agreement immediately.

Inspections and maintenance

The renter and/or the other driver(s) must carry out the usual inspections: checking oil and water levels, tyre pressure and antifreeze level. In the event of negligence or carelessness, all damage is borne entirely by the renter and/or the other driver(s).

The renter and/or the other driver(s) also undertake to bring the rented vehicle in for periodic maintenance on time. All damage resulting from failure to bring the vehicle in on time for periodic maintenance is borne entirely by the renter.

Defects, damage and accident

If the rented vehicle is involved in an accident and/or is damaged during the rental period, the renter and/or the other authorised driver(s) must notify DDV Verhuur immediately. No later than 3 working days after the accident and/or discovery, the renter must provide DDV Verhuur with a written statement together with the fully completed European Accident Statement and/or police report, where applicable.

An official police report is always required in the event of:

bodily injury in a collision;
serious material damage;
a dispute concerning the circumstances of the accident;
hit-and-run by the other party;
driving under the influence;
vandalism, theft or suspicious fire.

Under no circumstances may the renter and/or other driver(s) make statements concerning liability for the accident or enter into any settlement concerning the further handling of an accident without DDV Verhuur's prior consent.

The renter and/or other driver(s) may under no circumstances carry out or arrange repairs to the rented vehicle on their own initiative unless DDV Verhuur has given prior written consent.

Once damage, defects or a fault have been identified, the renter must stop driving in order to prevent further damage. The renter may not abandon the vehicle without written permission.

Fuel, cleaning and smoking

The rented vehicle must be filled with the correct fuel. If incorrect fuel has been used, the renter and/or other driver(s) must under no circumstances continue driving. Towing and repair costs are borne by the renter.

If the rented vehicle is returned in a dirty condition, the renter will be charged €42.35 (including VAT) for cleaning the interior of a passenger car, €66.55 (including VAT) for a minibus and €85.00 (including VAT) for the interior of a truck. If deep cleaning is required, a supplement of €181.50 (including VAT) will be charged.

If the rented vehicle is returned in a dirty condition, the renter will be charged €42.35 (including VAT) for cleaning the exterior of a passenger car, €54.45 (including VAT) for a minibus and €139.15 (including VAT) for the exterior of a truck.

Driving prohibitions

The renter and/or the other driver(s) may under no circumstances drive the rented vehicle under the influence of alcohol, drugs, narcotics or other substances that may impair driving ability, while intoxicated, sleepy or extremely fatigued, or if for any reason they are in a mental or physical condition that prevents them from driving as a prudent and reasonable person.

Article 11 – Duration of the rental period, extension and early return

The rental is granted for the term agreed in the rental agreement. If the renter wishes to extend the current rental agreement, this must be requested from DDV Verhuur in person or in writing/by email at least 24 hours before the end of the agreed rental period. The rental agreement will be amended after DDV Verhuur's express approval.

The renter bears full responsibility for returning the rented vehicle together with the keys, accessories and vehicle documents on time by the final date and time stated in the rental agreement. In the event of late return, the rental agreement is automatically extended on the same terms and rates until the rented vehicle and all accessories have been returned.

Voluntary early return of the rented vehicle before the final date does not entitle the renter to a refund of part of the rental price. If the agreement is terminated by DDV Verhuur pursuant to the article below, the renter is liable only for the rental amount relating to the rental period already elapsed.

If the rented vehicle is not returned on time and DDV Verhuur does not grant an extension, the renter will be required to return the vehicle within 12 hours after notification. If the vehicle is not returned within that period, DDV Verhuur will assume that it has been unlawfully appropriated and may report this to the competent authorities. DDV Verhuur has the right to retake possession of the vehicle. The rental price is charged for each additional day until the vehicle is again in DDV Verhuur's possession, plus a fixed late-return fee of €181.50 (including VAT).

Article 12 – Return and condition of the vehicle upon return

The renter undertakes to return the rented vehicle to the rental location specified in the reservation. In the event of non-compliance, DDV Verhuur is entitled to charge the costs incurred to return the rented vehicle to that location.

At the end of each rental period, the rented vehicle must be returned with a full fuel tank. If the vehicle is returned without a full tank, the consumed fuel will be charged together with a fixed fee of €30 (including VAT).

DDV Verhuur allows the rented vehicle to be returned outside office hours. In that case, the key must be deposited in the designated key box. The renter remains liable for any damage found on the rented vehicle until DDV Verhuur is in possession of the key(s), the vehicle and all vehicle documents and has had the opportunity to verify the condition of the vehicle.

The renter must return the rented vehicle in the same condition as at the start of the rental period, with the same equipment and accessories as described in the initial condition report.

PART V — LIABILITY, FORCE MAJEURE AND INSURANCE

Article 13 – Liability of the renter

The renter is and remains jointly and severally liable at all times for all obligations arising from the rental agreement, including acts of authorised drivers.

The renter and/or the other authorised driver(s) are always jointly and severally liable for all offences committed with the rented vehicle, regardless of who was driving the vehicle at the time of the offence.

The renter is liable for all damage and defects to the rented vehicle identified upon return that were not expressly recorded in the initial condition report. Repair costs and all additional costs and losses incurred by DDV Verhuur will be charged to the renter, except for costs covered by the selected cover(s), after deduction of the selected excess. An administration fee of €65 (including VAT) is charged for handling the damage file.

If the renter wishes to dispute the established damage and/or repair costs, this must be done by registered letter within 8 working days after receipt of the return condition report and notification of the estimate of the total repair costs. In the event of a timely objection, the renter may have a counter-assessment carried out by a recognised expert agency within 8 working days after notification of the objection.

In the event of seizure or confiscation of the rented vehicle for any reason, the renter and/or the other driver(s) undertake to fully indemnify DDV VERHUUR against all claims and costs arising therefrom. The renter and/or the other driver(s) are liable for all costs and losses resulting from the seizure.

If the rented vehicle is driven by a person who does not meet the conditions set out in Article 1.2 or 1.3, the renter will be held liable for all consequences, including liability towards DDV VERHUUR for damage caused by the renter and/or the unauthorised driver. Neither the renter nor the unauthorised driver will in that case be covered by the cover offered by DDV VERHUUR. DDV VERHUUR also reserves the right to charge the renter compensation for failure to comply with this provision.

The renter and/or the other authorised driver(s) also accept criminal liability for the rented vehicle and for all required equipment, accessories and documents.

Article 14 – Liability of DDV Verhuur

DDV Verhuur is responsible for registration and insurance of the rented vehicle in accordance with Belgian regulations.

If the rented vehicle cannot be delivered to the renter on time at the start of the rental period, or if the vehicle may no longer be driven during the rental period, DDV Verhuur will provide a replacement vehicle insofar as a similar vehicle is immediately available.

For agreements concluded with a consumer within the meaning of the CEL, the consumer-renter is, in the event that DDV Verhuur fails to perform its obligations and except in cases of force majeure, entitled to compensation equal to three days' rental or, if lower, the total rental price. The consumer-renter is also entitled to seek termination of the agreement.

DDV Verhuur is not liable for goods or property left in the rented vehicle.

DDV VERHUUR is not liable for damage caused to the vehicle as a result of transporting goods or property.

DDV Verhuur is liable for damage caused by its wilful misconduct or gross negligence, as well as damage that is the direct and foreseeable consequence of a breach by DDV Verhuur. For damage caused by minor fault, DDV Verhuur's liability is limited to direct and foreseeable damage. Where DDV Verhuur is liable, its liability is in all cases limited to the invoice value or the amount covered by its professional liability insurance, which according to Baloise policy conditions 7.E10.448 is the amount per claim stated therein.

Except in cases of wilful misconduct or gross negligence by DDV Verhuur, DDV Verhuur is not liable for indirect damage, consequential damage, loss of profit or loss of opportunity.

For loss or damage partly attributable to the renter and/or the other authorised driver(s) or to a third party, DDV Verhuur's liability towards the renter and/or the other authorised driver(s) is limited to the share caused by its wilful misconduct or gross negligence.

DDV Verhuur cannot be held liable in any way for loss, theft or damage of any kind relating to goods and property transported in or found in the rented vehicle.

Article 15 – Force majeure

Any event constituting an insurmountable obstacle and forcing DDV Verhuur to suspend rentals temporarily or permanently will be considered force majeure. This includes, among other things: fires, accidents, theft, damage to or defects in the rented vehicle, adverse weather conditions, strikes, wars, epidemics, transport disruptions and import or export restrictions.

Temporary suspension due to force majeure automatically and without compensation extends the originally scheduled term by a period equal to the suspension period. A permanent force majeure situation entitles DDV Verhuur to terminate the agreement without owing any compensation. The renter undertakes to pay the costs incurred and/or services performed by DDV Verhuur up to that time.

DDV Verhuur is not liable for loss or damage resulting from force majeure, nor for the consequences of latent defects and mechanical problems occurring without any fault or negligence in normal maintenance.

Without prejudice to the other provisions of these general terms and conditions, the renter is not liable in the event of proven force majeure, provided that financial inability and damage caused by an unidentified third party can never be regarded as force majeure.

Article 16 – Loss of cover

Regardless of the insurance and additional cover selected, and regardless of the amount of the selected excess, the following damage is not covered and the full repair costs and all additional costs are borne entirely by the renter and/or the other driver(s):

(i) damage resulting from serious and/or intentional fault by the renter and/or other driver(s); (ii) damage caused by vandalism; (iii) damage after the end of the rental agreement without an approved extension; (iv) damage where the driver does not hold a valid driving licence or the correct driving licence category; (v) damage after hit-and-run by the driver; (vi) damage where the declaration is incomplete, fraudulent or late; (vii) damage where a driver not authorised in the rental agreement drives the vehicle; (viii) damage in the event of drunkenness or any form of intoxication; (ix) damage due to clearly poor maintenance of the rented vehicle; (x) damage due to abnormal use; (xi) damage caused by loss or theft of the keys; (xii) damage caused by using the wrong fuel.

Nor are the following covered: loss of or damage to the renter's own goods and property transported or kept in or on the rented vehicle during the rental period. Assistance in the event of theft, breakdown or accident – including towing costs, storage costs and repatriation costs – is also borne entirely by the renter and/or the other driver(s).

Costs for replacement, repair and roadside assistance following a puncture, and the costs of roadside assistance and restarting following a flat battery, are also borne entirely by the renter and/or the other authorised driver(s).

Legal assistance cover will under no circumstances cover legal assistance costs, including but not limited to lawyers' fees, in the following situations:

where the driver is drunk or under any form of intoxication;
in the event of alcohol abuse or use of drugs or other narcotics;
where the driver commits an offence that seriously endangers road safety, including but not limited to use of a mobile phone or other electronic device while driving in breach of the law;
in the event of serious speeding offences, i.e. exceeding the permitted speed to an extent that may result in an immediate fine, summons before the police court or disqualification from driving under applicable legislation.

In these cases, all costs of legal defence remain entirely payable by the renter and/or driver(s).

PART VI — TERMINATION OF THE AGREEMENT

Article 17 – Termination of the agreement by DDV Verhuur

Without prejudice to its right to compensation, DDV Verhuur reserves the right to terminate the agreement with the renter at any time, with immediate effect and without judicial intervention, in the following cases: (a) if the renter fails to perform any of his/her obligations properly or on time; (b) cessation of payments or bankruptcy of the renter; (c) liquidation or cessation of the renter's activities; (d) seizure of all or part of the renter's assets; (e) if the renter and/or the other authorised driver(s) have provided false information; (f) if there are serious indications or reasonable suspicion that the rented vehicle is being used for illegal or criminal activities.

If the rental agreement is terminated at the renter's initiative or due to a fault attributable to the renter, the renter will pay the rental amount for the rental period originally specified. If the rental agreement is terminated at DDV Verhuur's initiative for a reason not attributable to the renter, the renter is liable only for the rental amount relating to the rental period already elapsed.

Upon termination of the agreement, the renter and/or other authorised driver(s) undertake to release the rented vehicle immediately to DDV Verhuur without being entitled to any compensation. DDV Verhuur reserves the right to charge a daily fee for non-compliance with the general rental terms and conditions.

PART VII — FINAL PROVISIONS

Article 18 – GPS tracking system

All DDV VERHUUR vehicles are equipped with a GPS tracking system for theft protection and to support use of the remote immobiliser. Location data are processed in accordance with DDV VERHUUR's privacy policy (see Article 20).

GPS data are not continuously monitored and are only consulted in the following cases:

theft or disappearance of the vehicle;
late return and after notification to the renter;
reasonable suspicion that the vehicle is being used for illegal purposes;
recovery of the vehicle.

DDV VERHUUR has the ability to immobilise (block) the vehicle's engine remotely. This power is used exclusively in the following circumstances:

the vehicle is not returned on time after formal notice of default and the deadline stated in that notice has expired;
there are reasonable indications that the vehicle is being used for criminal activities;
there is a substantiated report of theft.

DDV VERHUUR will always inform the renter in advance by telephone or email before activating the immobiliser, unless this is not reasonably possible (e.g. the renter cannot be reached or is fleeing). The immobiliser will only be activated at a location and in a manner that does not endanger the safety of the driver or third parties.

By accepting these general terms and conditions, the renter expressly consents to the use of GPS tracking and the remote immobiliser under the conditions set out above.

Article 19 – Applicable law and competent court

All agreements to which these general terms and conditions apply are governed exclusively by Belgian law.

All disputes are subject to the jurisdiction rules laid down in Article 624, 1° of the Belgian Judicial Code.

Article 20 – Alternative dispute resolution (ADR/ODR)

In the event of a dispute, the consumer-renter may refer the matter to the Belgian Consumer Mediation Service (www.consumentenombudsdienst.be), a recognised entity for alternative dispute resolution. DDV VERHUUR undertakes to participate in the ADR procedure.

For agreements concluded via an online platform, the consumer-renter may also use the European ODR platform: https://ec.europa.eu/consumers/odr (Regulation (EU) No 524/2013).

Article 21 – Personal data

DDV VERHUUR processes personal data as data controller within the meaning of the General Data Protection Regulation (GDPR). Processing takes place on the following legal bases:

(i) performance of the agreement (Art. 6(1)(b) GDPR): identity verification, driving licence checks, invoicing, damage management and communication in connection with the rental;

(ii) legal obligation (Art. 6(1)(c) GDPR): disclosure to police services, bailiffs and debt collection agencies insofar as legally required;

(iii) legitimate interest (Art. 6(1)(f) GDPR): fraud prevention and GPS monitoring to protect the vehicle against theft.

Personal data are retained for as long as necessary for the relevant processing purpose. Rental data are retained for 7 years after termination of the agreement in accordance with accounting legislation. GPS location data are not retained longer than technically necessary for the relevant purpose.

The data subject has the right of access, rectification, erasure, restriction of processing, data portability and objection. These rights may be exercised by submitting a written request to DDV VERHUUR's registered office.

The data subject also has the right to lodge a complaint with the Belgian Data Protection Authority (GBA/APD), Drukpersstraat 35, 1000 Brussels (www.gegevensbeschermingsautoriteit.be).

Marketing communications are sent only with the data subject's separate and freely given consent, independently of acceptance of these general terms and conditions.

DDV VERHUUR takes all technical and organisational measures to protect personal data against unauthorised access, loss or misuse. All information provided to DDV Verhuur may be used to verify identity, recover payments, monitor fraud and deal with issues before, during and after the rental period.

Article 22 – Severability

The possible nullity or invalidity of any provision of these terms and conditions shall in no way result in the nullity of the other provisions or of the agreement.

Terms and Conditions B2C