General Terms and Conditions
Translation of the Dutch version. In case of any discrepancy or doubt about interpretation, only the Dutch version is binding.
Equitruck
Dulouca BV, with registered office at Bovenbosstraat 78A, 3053 HAASRODE, company number 0797.410.076, represented by Thomas Dupas, managing director.
Article 1 - Subject of the agreement
1.1 The Lessor rents to the Lessee, who accepts: a light goods vehicle of up to 3.5 tonnes, of the type Ford Transit 160 hp (length 6.182 m – height 2.98 m), with licence plate 2-DVM-889, first registered in 2023. A picture of the vehicle is attached to this agreement. (Hereinafter the “Vehicle”).
1.2 The Lessee accepts the Vehicle in the condition in which it is at the time the rental agreement is signed.
Article 2 - Purpose and use
2.1 The Vehicle is a light goods vehicle to which a trailer may be coupled (provided the driver holds the driving licence required for this). The vehicle may only be used for the purpose for which it is intended: the transport of horses and/or donkeys.
2.2 The Lessee undertakes to use the vehicle as a prudent and reasonable person and not to use the vehicle for unlawful activities or prohibited purposes. The Lessee undertakes to secure the luggage or goods carried in the Vehicle in accordance with Belgian law and in such a way that they cannot cause damage to the Vehicle (neither inside nor outside) or to the passengers.
2.3 The vehicle may only be driven by the driver(s) named in the contract and may not be lent or sublet to third parties.
2.4 The vehicle is rented solely for the Lessee's own use and under no circumstances for transport jobs carried out by the Lessee on behalf of third parties;
2.5 The vehicle may not be misused in any way. Misuse includes, without limitation, breaches of the Highway Code, excessive speed, and unlawful or prohibited activities and/or purposes, both in Belgium and abroad.
2.6 Smoking in the vehicle is expressly prohibited and will be treated as damage, for which a fixed compensation of EUR 250.00 will be charged.
2.7 Pets are not allowed in the passenger cab.
2.8 The vehicle is delivered with a full fuel tank (diesel). When the Vehicle is returned, its fuel tank must be full. Failing this, a fixed fuel charge of EUR 150.00 will be charged.
2.9 The Lessee must always use the correct fuel (diesel) in accordance with the manufacturer's technical specifications.
2.10 The Lessee undertakes always to close, lock and park the vehicle correctly (lights, horse compartment ventilation and radio switched off). No servicing and no repair may be carried out without the prior written consent of the Lessor. The Lessee must accept the vehicle being taken out of service for maintenance or repair. The Lessee must regularly check the oil, water and AdBlue, as well as the brake fluid level.
2.11 The Vehicle is equipped with: first-aid kit, lead rope, rope, vehicle documents, user manual, insurance papers, 1 key for the passenger compartment, 1 key for the outer door/ramp of the horse compartment, 1 key for the tack room cupboard.
2.12 By signing the rental agreement, the Lessee and/or the driver(s) named in the contract declare(s) that they have received the rented vehicle and/or tools and materials, and that they have taken note of the operating instructions and the user manual.
Article 3 - Reservation/cancellation, duration and deposit
3.1 The rental is concluded for the fixed term set out in the special conditions. The rental agreement cannot be terminated early by the Lessee.
3.2 A reservation or request becomes final only once the Lessee receives written confirmation from the Lessor. On receipt of the written confirmation, the rental agreement between the Parties is concluded.
3.3 If the Lessee cancels the reservation no later than 7 days before the start of the rental period, a cancellation fee of 20% of the rental amount will be charged. If the Lessee cancels less than 7 days before the start of the rental period, a cancellation fee equal to the full rental amount (incl. VAT) will be charged.
3.4 The Lessor may cancel the reservation in the event of force majeure, such as extreme weather conditions (black ice, snow, heavy rain), and technical defects in the Vehicle. In that case, any sums or advance payments paid will be refunded to the customer in full (100%) within 24 hours.
3.5 The deposit is EUR 500.00 for a rental of 1/2 day, 1 day or a weekend. For a midweek rental the deposit is EUR 700.00, and for a rental of one week or longer (min. 7 days) EUR 1,000.00. For rentals intended for travel abroad or for longer rental periods, the deposit and rental price are set by quotation.
3.6 Unless otherwise agreed, the deposit is payable by the Lessee in cash no later than on collection of the Vehicle, or by bank transfer to BE88 7310 5518 9941 stating the rental period as the reference. The deposit is refunded to the Lessee after the vehicle has been returned. Payment of a deposit in no way excludes the Lessor's right to claim damages if the Lessor's loss exceeds the amount of the deposit.
Article 4 - Rental price
4.1 The rental price and the number of kilometres included in the rental price (hereinafter the “Mileage Allowance”) are agreed in advance, at the latest on reservation, and are paid at the latest at the start of the term of the rental agreement.
4.2 If the Mileage Allowance is exceeded, the customer pays EUR 0.30 per kilometre from the first kilometre in excess. Any settlement of the excess kilometres is made when the vehicle is returned. The amount due is deducted from the deposit to be refunded. The Mileage Allowance is settled when the vehicle is returned, at EUR 0.30 per extra km.
Article 5 - Legal provisions and damage
5.1 The technical data sheet and the payload of the Vehicle are available to the Lessee at all times in the glove compartment. The Lessor cannot be held responsible in the event of overloading of the Vehicle.
5.2 The Lessee knows and observes the traffic laws and rules of the country in which the Lessee is driving. The Lessee is responsible for informing themselves of obligations, traffic rules and other useful information. Any infringement for which a charge, damages claim, fine, police report, complaint or other measure is brought against the Lessor or received by the Lessor (during or after the rental period) will be recovered in full from the Lessee.
5.3 Any damage must be reported by the Lessee to the Lessor immediately. The Lessee may not carry out any repairs to the horse truck personally or have them carried out by third parties. Failure to comply with this reporting obligation will automatically result in a fixed compensation of EUR 100.00 being charged, without prejudice to compensation for the damage.
5.4 If the Lessee is involved in a road traffic accident, the Lessee undertakes to provide the Lessor with a clear accident report and/or police report within 24 hours. In the event of failure or default in this respect, the Lessee loses all rights to cover under the insurance policy taken out by the Lessor, and the costs and consequences are borne in full by the Lessee.
5.5 If the Vehicle has a defect or accident that makes further driving with the vehicle impossible, difficult or dangerous, the Lessee shall contact the Lessor immediately.
5.6 The Lessor cannot in any way be held liable for damage, for whatever reason, arising from the use of the Vehicle. The Lessor is not responsible for the Lessee's failure to observe the traffic rules, nor for compulsory vignettes, maximum payload, maximum speed, tachograph obligations, tyre legislation, use of GPS and speed camera warnings.
Article 6 - Insurance and liability of the Lessee and driver
6.1 All authorised occupants are covered by third-party liability insurance while the vehicle is in use, including legal expenses insurance for the driver of the Vehicle. The number of authorised, and therefore insured, occupants is set at a maximum of 3 persons in accordance with the vehicle's type approval and may not be exceeded.
6.2 The Lessee declares that he or she, as well as the Driver(s) appointed by him/her, is at least 23 years old and holds a valid proof of identity and driving licence B, as well as sufficient experience to use and drive the vehicle, and is at least 23 years old. The Lessee undertakes that the vehicle will not be used: (i) by persons under the influence of narcotics or alcohol; (ii) by persons whose compulsory motor insurance has been cancelled or not renewed by the insurer, or whose driving licence has been temporarily withdrawn; (iii) for unauthorised purposes; (iv) in the context of any conflict, riot, or any sporting, trade-union, political or social demonstration that could involve collective acts of violence; (v) for the transport of dangerous, toxic, explosive or corrosive goods; (vi) in breach of the statutory provisions of the Highway Code or of any mandatory statutory provision in general; (vii) outside the countries of the European Community or Switzerland.
6.3 The Lessee undertakes that the Vehicle will not be overloaded and will not push or tow any other vehicle or a trailer without complying with the statutory provisions. The Lessee bears full responsibility for this. Unladen mass of the vehicle: 2,860 kg. Maximum permitted legal total mass: 3,500 kg (technical: 4,250 kg). Towing a trailer above 750 kg requires a driving licence BE.
6.4 By signing this agreement, the Lessee acknowledges that he/she has received the Vehicle in the condition it is in at the start of the rental period, that the Vehicle is well maintained and clean, and that it is equipped with all legally required accessories, the necessary tools, the vehicle documents and the necessary keys. Any pre-existing damage to the vehicle is recorded in the special conditions.
6.5 The Lessee undertakes to return the vehicle and its accessories in the condition in which he received them (with the exception of normal wear and tear). Any loss of or damage to the vehicle or the items listed above is the responsibility of the Lessee, who will be charged any replacement or repair costs.
6.6 The Lessor cannot in any way be held liable for defects in the construction of the rented vehicle.
6.7 The vehicle has fully comprehensive (omnium) insurance arranged through the insurance broker Q&O Horse Insurance, Westerlaan, 1 B-8790 Waregem (www.qeno.be). As standard, the vehicle is insured for: Compulsory third-party liability insurance (no excess) · Independent legal expenses cover · Full omnium (fire, theft, collision with animals, glass breakage, natural disasters, vandalism and material damage), excess EUR 0.00 for glass breakage, excess EUR 200.00 for fire and theft, excess EUR 950.00 for material damage. This omnium insurance is probably the most extensive policy on the Belgian market (accidental damage caused by the horses being transported is also covered) · Unlimited cover for recovery and towing after an accident, provided you use TVM CAR/ TRUCK ASSISTANCE (24/7) T. +32 78 15 11 63 (in cases where the local authorities decide who tows (e.g. on a motorway), it is advisable to have the vehicle towed only as far as the nearest exit and then have TVM CAR/TRUCK ASSISTANCE take over (very important with regard to the cost of towing). In all other cases, Dulouca BV will pass the costs on to the Lessee. For further details, including obligations, exclusions and recourse against the insured, please refer to the General Terms and Conditions, available on simple request from Q&O Horse Insurance). Arrangements in case of damage due to an accident: · In the event of an accident with damage: send the claim form to Dulouca BV within 24 hours of the accident, so that Dulouca BV, in consultation with Q&O Horse Insurance, can appoint an independent vehicle assessor with a view to prompt repair · In the event of total or partial theft: file a complaint with the Police within 12 hours of the events + send the claim form to Dulouca BV within 12 hours of the theft or attempted theft + hand over the original keys and the other vehicle documents to Dulouca BV, likewise within 12 hours of the theft· In the event of glass breakage: notify Dulouca BV so that it can make an appointment with a repairer approved by the insurer. Arrangements in case of breakdown: contact Dulouca BV and/or contact Ford Assistance (+32 2 700 67 76). Horses and donkeys are not repatriated, but the best solution will be sought (contact Dulouca BV for this).
6.8 In the event of theft, the original keys and the vehicle documents, together with an official police report evidencing the theft, must be handed over to the Lessor within 12 hours of the theft. Failing this, the Lessee remains fully liable for the loss of the Vehicle.
6.9 In the event of damage to the Vehicle, the material damage caused to the Vehicle is assessed by an independent vehicle assessor appointed by the Lessor. The Lessee irrevocably accepts this assessment if he/she has not, within 5 days of receiving the report of the assessor appointed by the Lessor, commissioned a counter-assessment at his/her own expense.
6.10 The Lessee and the authorised driver(s) are personally liable for all offences they commit during the rental period.
6.11 In the event of a defect in the Vehicle that makes further driving impossible and requires the Vehicle to be towed, the Lessor will arrange this towing service. Other practical arrangements (such as transferring the horses to another vehicle, taking passengers home, etc.) are the Lessee's own responsibility and at the Lessee's own expense.
6.12 The Lessor can under no circumstances be held liable for indirect or direct damage or adverse consequences resulting from the Vehicle being out of service. Defects in the vehicle caused by incorrect use (incl. a flat battery from failing to switch off the lights or ventilation) are always borne by the Lessee.
6.13 The horses or donkeys being transported are not insured. If the Lessee so wishes, he/she must take out insurance for the horses or donkeys being transported him/herself.
Article 7 - Cleaning
7.1 The Vehicle must be cleaned before the end of the rental agreement and before it is returned to the Lessor. This means:
• Exterior: the outside of the horse truck must be free of dirt that could conceal damage (e.g. mud).
• Interior of the horse compartment: the horse compartment must be free of manure and/or bedding (wood shavings, straw, flax bedding, ...) and of manure stuck to the walls and floor.
• Interior of the driver/passenger area: free of sand, caked-on mud and rubbish. If these conditions are not met, EUR 150.00 will be withheld from the deposit.
7.2 The use of a car wash and/or pressure washer to clean the Vehicle is prohibited.
Article 8 - Collection and return of the Vehicle
8.1 The Vehicle must be collected and returned at the address of the Lessor's registered office, on the date and at the time provided for in the contract.
8.2 If the vehicle is not returned on the date, at the time and at the place provided for in the contract, the Lessee will be held liable for any damage caused to third parties or to the vehicle, and the Lessee will owe payment of the rental amount for the period of extension, plus an administrative fee of EUR 150.00. In the event of an extension without the Lessor's consent, the Lessor reserves the right to file a complaint for breach of trust and misappropriation, and the Lessor is entitled to repossess the vehicle, wherever it may be, at the Lessee's expense, in order to limit its loss.
Article 9 - Information and ownership
9.1 The Lessee warrants that the information he/she provides to the Lessor and that is stated in the rental agreement is correct.
9.2 The Lessee does not in any way acquire ownership of the Vehicle.
9.3 Should a third party seize or attempt to seize the vehicle, the Lessee undertakes to inform the Lessor within 24 hours of becoming aware of the seizure or attempted seizure and to confirm this by registered letter. At the same time, the Lessee shall, within 24 hours, notify the seizing party and confirm to it by registered letter that the vehicle does not belong to the Lessee but is rented from the Lessor. In the same way, the Lessee shall, within a maximum of 24 hours, inform the Lessor by registered letter of any service of a judgment or of any enforceable court decision that could prejudice the Lessor's rights to the aforementioned vehicle. In the same way, the Lessee shall inform the Lessor by registered letter within 24 hours of any declaration of bankruptcy, any liquidation, any application for a judicial composition or any suspension of payments to which he or she is subject or which could jeopardise the Lessor's rights to the vehicle. In any event, and irrespective of compliance with the provisions of this article, the Lessee shall indemnify the Lessor against all costs and damage the Lessor may incur in safeguarding its rights.
Article 10 - General provisions
10.1 The rights and obligations arising from this agreement may be transferred by the Lessor to third parties, subject to prior notification to the Lessee. The Lessee is under no circumstances permitted to transfer the rights and obligations arising from this agreement to third parties.
10.2 The invalidity of one or more provisions of this Agreement does not affect the validity of the Agreement as a whole or of any other provision of it.
10.3 A waiver by a party of a provision of this Agreement can only be invoked by producing an express written document signed by the other party.
10.4 This agreement is governed by Belgian law. Any dispute relating to this agreement falls under the exclusive jurisdiction of the courts of Leuven.