Article 1. DEFINITIONS
In these general terms & conditions, the terms uses below are defined as follows:
1.1 ODD/Us: One Day Driver SPRL.
1.2 Customer/Other party/Cocontractor/: the individual or legal entity who accept in writing, mall or fax an offer of services on the part of ODD.
1.3 Private driver: an individual who is employed by ODD as a paid worker, independent, temporary or subcontractor.
1.4. Driving time: time that a private driver spends driving the customer’s vehicle, including the pauses to which the driver is entitled, namely fifteen minutes pause every four hours period of actual driving.
1.5. Waiting time: time that a private driver spends waiting for the customer during the provision of services for this customer, whatever the reason for the waiting.
1.6. Service time: the sum of the driving and waiting times of the service to the customer from the agreed starting point to the agreed address, and this, outward and return.
1.7. Activities: all forms of service provision concerning the intervention of ODD between customers and private drivers.
Article 2. GENERAL PROVISIONS
These general terms & conditions define, without prejudice to the application of particular conditions, the respective obligations of the contracting parties at the time of the sale/provisions of services carried out by ODD.
By signing the contract or purchase order, or by accepting the confirmation of an order, our cocontractor expressly acknowledges having read these general terms & conditions and to have accepted them.
The provisions that are not explicitly departed from are applicable. Only the exemptions that are the subject of a written agreement by ODD can modify the application of these general terms & conditions.
In the event of differences between the general terms & conditions of our cocontractor and our own, it is agreed that the latter will take precedence.
Article3. CHOICE OF DRIVER
ODD is entirely free in the choice of private drivers.
Article 4. OFFERS OF SERVICE
Our offers of service are completely without commitment on our part.
Article 5. ORDER – CONFIRMATION
Any order that is addressed to us is not binding on us until after written confirmation on our part.
Orders must be made 24 hours in advance. Changes made by the customer to his contract, his purchase order or our offer will be valid only on condition that we have accepted them and confirmed in writing.
If the customer notices an error or inaccuracy in the wording of our confirmation, he/she must immediately report them to ODD at the latest 12 hours before the start of the service concerned. At the end of this period, ODD reserves the right to cancel the order without the customer being able to claim the least indemnity.
Article 6. CANCELLATION OF AN ORDER
The parties will be able to cancel without charge in writing (letter, e-mail, fax) an order at the latest 12 hours before the start of the agreed service.
If the customer cancels an order less than 12 hours before the start of the service, for whatever reason, ODD will be able to invoice an amount equivalent to 3 hours service from a private driver.
Article 7. TERMINATION
Without prejudice to the application of the other articles of these general terms & conditions, we reserve the right to suspend or terminate a contract without warning or formal statement, and without legal intervention being necessary, if the cocontractor:
1. does not carry out its part of the contract;
2. is declared bankrupt, or that such a procedure is requested;
3. has obtained a legal procedure of reorganization, or that such a procedure is requested;
4. is concerned with a debt settlement plan or that such a procedure is requested;
5. sees its company completely or partially ending its activities;
6. loses an authorization, an exemption or a registration necessary to its company;
7. is confronted with a seizure, whatever its nature;
8. dies, or starts the liquidation (total or partial) of its company and/or its property;
9. is sentenced in an irrevocable way to a period of imprisonment or is no longer able to fulfill the obligations arising from this contract.
If one of the above mentioned situations applies, we also reserve the right to claim compensation for direct and indirect damage, costs and interest.
Article 8. EXECUTION OF THE ACTIVITIES
The agreed activities will be carried out on the day(s) and at the times agreed, on the conditions agreed, after written confirmation on our part, except case of cause beyond control.
Article 9. CAUSE BEYOND CONTROL
9.1. In the event of a cause beyond control, the execution of the contract can be suspended, in full or partly, until the cause has ceased, in full or partly. The contract can also in these circumstances be cancelled, in full or partly, without legal intervention, and without a party being able to claim any right from the other. In this case, the customer is obliged to pay ODD for the services in proportion to what has actually been carried out up to the moment of suspension or cancellation.
9.2. The definition of the cause beyond control corresponds to any event limiting the execution of the contract, at the moment of the contract signature. It can be a matter of fire, war, demonstration, riot, danger of war, energy crisis, social unrest, government decision, strike, epidemic, extreme atmospheric condition, embargo, hostility, mobilization, state of alert.
Article 10. PRICE
10.1. The fixed prices are expressed in euros, VAT and all other fees or tax not included.
10.2. The invoice states, in hours and quarter hours, times of driving, waiting and activity to the service of the customer, rounded upwards to the nearest quarter hour, with a minimum time of three hours service, even if the actual duration of the service proves shorter.
10.3. The travelling expenses of the private driver, from his residence to the starting point fixed by the customer and return, are always borne by the customer. These travelling expenses are calculated in the following way:
at cost price, on the basis of receipts, if the customer’s starting point makes it possible for the private driver to get there by public transport;
on the basis of kilometre allowance fixed at 0.22 € per kilometre, if the schedules or the customer’s starting point do not reasonably allow the use of public transport.
As far as possible, the customer will be informed in advance of the means of transport of the private driver according to the starting point chosen by the customer.
10.4. The services of private drivers carried out between midnight and 6 am are invoiced at an additional charge of 25%. The services on Sunday and public holidays between midnight and midnight are also subject to an additional charge of 25%. Hours beyond 9 hours of service will be counted at 150%.
10.5. If the service of the private driver includes a night, the hours of rest are not charged to the customer’s account. In this case, the period of rest generally extends from midnight to seven o'clock in the morning. The customer must plan and take responsibility for the lodging of the private driver.
10.6. Per 8-hour block of service, the private driver is entitled to one meal at the expenses of the Customer. This meal can, or not, be charged directly to the customer. If not, an allowance of € 15 is invoiced to the customer by ODD.
10.7. The fuel charges, cleaning or maintenance of the vehicle used for the service provided, just as car parking and toll charges, are always borne by the customer. These expenses are paid directly by the customer.
10.8 Any imposition, increase in price, levy or other charge that may intervene after the submission of the offer or the start of the contract coming into force, can be charged to the Customer.
In this case, ODD will inform the customer of this as soon as possible.
10.9 If the driver deposits the customer with his vehicle at an agreed address and returns to the starting point by his own means, the expenses and the travel time to the start point will be borne by the customer.
Article 11. INVOICING
11.1. Our invoices are specified on the basis of calculation carried out by the private driver of his time of service to the customer. This calculation will be signed for agreement by the customer at the end of the service, before being sent to ODD by the private driver.
11.2. Any dispute by the customer of the invoiced hours of service must be made by registered letter, addressed to ODD within 8 days of the sending of the invoice. At the end of this period, the complaint can no longer be taken into account.
Article 12. PAYMENT
12.1. Invoices are payable to account 363-0678546-71 of the company One Day Driver, at the latest within fifteen calendar days of their sending.
12.2. Payments made after this time, carry, automatically and without formal statement, a nominal interest of 1% per calendar month, any month started counting as a whole month.
Moreover, any delay in payment cancels the reductions in price that may have been given to the customer by ODD.
12.3. The sums paid by the customer to ODD are first used to discharge any expenses detailed as in point 13.4., then unpaid invoices in their order of issue, starting with the oldest, and independently of the communication attached by the customer to his payment.
12.4. The expenditure incurred by ODD to compel the customer to fulfill his obligations with regard to ODD are always borne by the customer. This includes:
- lawyers’ expenses,
- bailiffs charges,
- bank charges
These expenses amount to 15% of the amount of the contract, with a minimum of € 60, a sum for which receipt must be produced.
12.5. Any dispute relating to an invoice must be sent to us, by registered letter, within eight days of its sending.
Article 13. INSURANCE AND CONFORMANCE OF THE VEHICLE
13.1. When the customer is brought to use a vehicle placed at their disposal by the customer, this vehicle must be covered by civil liability car insurance in conformity with the requirements imposed by the Belgian law relating to compulsory insurance for liability as regards motorized vehicles under penalty of damages charged to the customer. The whole of the covers will have to be valid during all the execution time of the contract, under penalty of damages to be charged to the customer.
13.2 The customer must ensure that the vehicle provided is in all points in conformance with the Belgian legislation governing authorisation to drive on the public highway. The originals of all documents proving the conformance of the vehicle to the legislation must be in the vehicle. In the case of failure to comply with these conditions, neither ODD nor the private driver can be held responsible in any way for breakdowns or technical incidents.
13.3 Compliance with these obligations falls exclusively on the customer, on his own responsibility and without any preliminary verification having to be carried out by ODD or the private driver.
Article 14. RESPONSIBILITY
14.1. Except in the event of wilful misconduct, ODD and/or the private driver cannot be held liable for any damage whatsoever caused by the private driver to the customer or third parties during the services. ODD and/or the private driver cannot be held responsible for any damage whatsoever to the customer or third parties as a result of gross negligence.
14.2 Without prejudice to the application of item 14.1, and except for wilful misconduct on its part, ODD and/or the private driver cannot in particular be held responsible for the following elements:
- the consequences for the customer or third parties owing to the fact that the customer did not reach, or did not reach within the time limit, the destination intended;
- damage or expenses incurred following an accident;
- any consequences of an accident or similar event on the insurance contract for the vehicle driven by the private driver (in particular: increase in the degree of no-claim, increase in the insurance premium, increase in the franchise…)
- property damage to the customer’s vehicle or the goods of third parties, including a possible franchise remaining charged to the customer when the vehicle is covered for property damages or all risks;
- the damage to the objects transported in the vehicle driven by the private driver, or their loss.
Article 15. HANDLING OF COMPLAINTS
To be taken into account, the complaints must be addressed in writing and sent by registered mail to ODD within 8 days following the end of the service concerned. Complaints submitted after this period will not be admissible.
ARTICLE 16. STIPULATIONS CHAIN
In the event of complete or partial transfer, and, or modifications of a contracting company which affect activities performed by ODD, the other party is obliged to impose these general terms & conditions on its interested parties.
Article 17 DENOMINATION
These clauses remain completely in force if ODD changes fully or partly in denomination, legal form or owner.
Article 18. APPLICABLE LEGISLATION
These general terms & conditions as well as all the contracts to which they apply, even if the activities are exercised abroad, are governed exclusively by Belgian law and any litigation relating to it will be under the sole competence of the jurisdiction of the legal district of Nivelles.
Article 19. SEVERABILITY
The non-validity or the illegality of one of the clauses provided in the contracts (specific and general conditions) agreed between parties, does not imply the invalidity or nullity of the other conditions of the contract concluded between the parties – clauses remaining fully valid.
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Any reservation implies the acceptance of these general terms & conditions