October 2022 release
These general conditions are intended to regulate the contractual relationship between the customer and the limited liability company Beltia Automotive, owner of the brand The Rental Car Factory, whose head office is located at 4540 AMAY Rue Waloppe n ° 2, and registered at the Banque-Carrefour des Entreprises under number 0892.283.303;
Hereinafter referred to as the "Company";
By "Customer" is meant any person, individual or company, using the services or purchasing the Company's products.
Article 1- General
§1. These general conditions are applicable to the services listed below, provided by the Company and for which the customer has given his consent. Is aimed, mainly, but without being an exhaustive list:
- the activity of renting vehicles, trailers and accessories, hereinafter referred to under the general term "the service(s)" or "the rental(s)"
§2. These general conditions are also applicable to any service not listed above and provided by the Company in the context of its activity, expressly mentioned to the customer.
§3. In any event, the customer of the website must be of legal age (i.e. aged 18 or over). In addition, the visitor to the aforementioned website is included under the general term "Customer" and this, in order to simplify the terms used in these general conditions.
§4. “Order” means the purchase made by the customer from the website www.therentalcarfactory.be.
§5. These general conditions are applicable both to sales made in Belgium and abroad and concern the entire contractual relationship between the Company and the customer: from placing the order to payment and delivery.
§6. The special additional conditions attached to the order form and/or the invoice prevail over these general conditions. The general conditions prevail over any other general or specific conditions that are not attached to the order form and/or the invoice. They may be modified at any time by the Company. The latter undertakes to inform the customer as soon as possible. The new version of the general conditions will only be applicable to contracts concluded after their entry into force.
§7. The customer is bound by these general conditions as soon as his order is validated on the online sales site www.therentalcarfactory.be In the context of vehicle rental, if an offer is established, the customer declares to have read these conditions. general and to have understood them by affixing his signature to the offer as mentioned above. In the event of validation of the offer electronically or by telephone, the customer is bound by these general conditions as soon as the agreement is transmitted to the Company electronically or confirmed by the Company in writing.
Article 2 – Quotations, prices and contractual documents
§1. Following a rental request, the Company issues an estimate, valid for two (2) days.
§2. The Company reserves the right to request a deposit at the time of booking. The amount of the deposit is determined by the Company on the basis of the duration of the rental and/or the date of reservation of the rental.
§3. The Company may ask the Customer for a deposit, depending on the type of vehicle. This deposit is to be fully paid by bank transfer or by credit card at the latest when the Customer collects the vehicle.
§4. The amount of the rental depends on the type of vehicle and the duration of the rental.
§5. The payment of the rental by the Customer to the Company takes place before the delivery of the vehicle; before the start of the rental.
§6. The prices presented on the online sales site www.therentalcarfactory.be are mentioned in euros including VAT and are valid on the date of the consultation. They are subject to change and within the limits of available stocks. The final price is communicated to the customer at the time of confirmation of the sale or rental by the Company.
§7. For an order on the online sales site www.therentalcarfactory.be, the agreement is given by the customer by the validation of the order on this website as well as its complete registration within this same site. The confirmation of the order is sent electronically (e-mail) to the customer by the Company. The order confirmation includes the description, the reference, and the price of the item(s) ordered. Any modification made by the customer will result in a modification of the order confirmation and, where applicable, of the total cost mentioned.
§8. In the event of an order for additional items not included in the offer or the order, the applicable general conditions are identical to those provided for the order initially made and for which the customer has given his agreement. Any order not provided for in the offer or the initial order must obtain the express agreement of the Customer.
§9. Any modification of the order made by the customer, after submission of the offer or confirmation of the order, must obtain the express agreement of the company. After agreement of the Company, the modification formulated by the Customer will give rise to a modification of the order and, if necessary, of the cost of the order.
Article 3- Discounts
Discounts or rebates may be granted to the Customer. These discounts and rebates do not in any way constitute a right on the part of the Customer. They are also strictly linked to the order concerned and cannot, under any circumstances, be generalized.
Article 4 – Cancellation of vehicle rental
§1 In the event of full or partial cancellation of the rental:
-1. less than 8 days but more than 48 hours from the start of the rental of the vehicle by the Customer, the entire amount of the deposit paid will be retained by the Company and invoiced to the Customer
-2. less than 48 hours from the start of the rental of the vehicle by the Customer, the entire amount of the agreed rental remains due by the Customer.
§2. In the event of full or partial cancellation of the rental by the Company, the amount of the rental will not be due by the Customer.
Article 5 – Cancellation of an online order by the Company
In the event of cancellation of the order placed on the website www.therentalcarfactory.be by the Company, for reasons beyond its control (disappearance or shortage of stock, bankruptcy of a supplier, for example and without being exhaustive), The Company undertakes to offer a rental of equivalent nature, value and quality to the Customer. He is free to accept or refuse.
Article 6 – Online vehicle rental procedure
§1. The operation of the Site is fixed as follows:
- 1. The Customer connects to the Company's Website and selects the vehicle he wishes to rent as well as the rental dates. He thus expresses his desire to place an order.
-2. A validation email is sent to the customer
- 3. The Company sends an estimate by email to the Customer. This estimate is valid for 48 hours and provided that the vehicle is still available on the dates chosen.
- 4. The Company asks the Customer to confirm the order by return email. The payment of a deposit for validation of the order is requested from the Customer. The deposit can be paid by bank transfer, in cash or by credit card at the Company's offices. The customer has a period of 3 working days to pay the deposit. After this time, the order will be cancelled.
-5. The balance and the deposit must be paid before receiving the vehicle.
Article 7 – Inventory and use of the vehicle
§1. The Company will ask the Customer for a copy of his identity card at the start of the rental. The Customer acknowledges having received the vehicle in excellent working order and cleanliness at the start of the rental period.
§2. The Company will carry out an inventory of the vehicle to check its proper functioning and cleanliness at the start and end of the rental. The vehicle will be returned to the Company in good working order and clean. Otherwise, the Customer will pay the costs of repair and cleaning at the current rates for compensation for the necessary work. Furthermore, the Company reserves the right to charge a rental price for the period during which the vehicle is unusable, subject to the invoicing of damages. §3. The Customer is always obliged to use the vehicle for the purposes for which it is intended, in a prudent and diligent manner (“as a good father”).
§4. The Company is not responsible for any damage resulting from misuse of the rented vehicle.
§5. The Company is not responsible if the Customer violates the Highway Code or any other legislation relating to the rented vehicle.
§6. The Company cannot at any time be held responsible for the reimbursement of damages suffered by the Customer or third parties, which are caused by any malfunction of the rented vehicle, whatever the cause, throughout the duration of the rental.
§7. The Customer is responsible for all consequences of unauthorized use of the vehicle by third parties.
Article 8 - Seizure, theft and damage
§1. The Customer is obliged to inform the Company within 24 hours of any seizure of the rented vehicle. The Customer is also obliged to inform the Company within 24 hours of any theft, total or partial destruction of the rented vehicle. The Company is not responsible for any seizure, damage or theft during the rental.
§2. The Customer assumes all costs related to this confiscation and must pay the rental of the vehicle until it is returned to the Company.
§3. The Customer is responsible for any seizure, any theft, any disappearance, any vandalism, any burglary and any damage concerning the rented vehicle. In the event of complete deterioration of the rented vehicle, the Customer is required to pay the Company the new value of the rented vehicle in the case of vehicles less than 15 years old, or the resale value of the vehicle if it is ci is at least 15 years old, within one week of destruction.
Article 9 – Personal data
§1. Any personal data concerning the Client as defined by the European Data Protection Regulation 2016/679 (GDPR) is processed in compliance with this Regulation. These data are processed and stored only for the proper performance of the contractual relationship between the parties and are not, under any circumstances, transmitted to third parties for any other purpose.
§2. The data kept by the Company are as follows: surname, first name, address, e-mail address, telephone number and, where applicable, account number and credit card number.
§3. The Customer has the possibility of: (i) opposing, on simple request and free of charge, the processing of his personal data, for serious and legitimate reasons, unless this opposition makes it impossible for the proper performance of the contractual relationship between the parts; (ii) access, free of charge, the data concerning him kept by the Company and obtain the rectification of any data that is incomplete, inaccurate or irrelevant; (iii) request the deletion of the data concerning him from the Company provided that the retention of the data is not imposed on the Company due to a legal obligation; (iv) request the portability of its data held by the Company to a third party; (v) withdraw, where appropriate, at any time, its consent to data processing based solely on consent.
§4. Any request concerning the above must be addressed in writing to the Company's headquarters by post, or by email to email@example.com.
§5. The Company may disclose personal information to third parties at the request of any authority legally authorized to do so. The Company may also disclose it if this transmission is required, in good faith, to comply with laws and regulations, to protect or defend its rights or property.
Article 10 – Complaints
Any complaint by the Customer, with the exception of those possibly referred to in an article, must be made in writing no later than 7 days after the occurrence of the event giving rise to the complaint, postmark being taken as proof. The Company undertakes to make every effort to find an amicable solution suitable for all parties. Provided that a complaint is made by the Customer within the deadlines provided above, and provided that the Company accepts it, the amount claimed will be limited to the value of the Products or Services concerned.
Article 11 – Nullity
The possible invalidity of a provision of these general conditions does not in any way influence the validity of all of these general conditions. If a clause is rendered void, the parties undertake to conclude a clause having a similar effect and to insert it in these general conditions.
Article 12 – Application of Belgian law
These general conditions, as well as any dispute as to the validity, interpretation or execution of these general conditions are subject to Belgian law.
All provisions not specified in these general conditions are governed by Belgian law.
Article 13 – Resolution of disputes and competent courts
In the event of a dispute, mediation between the Company and the Customer is preferred. If however, no agreement is possible, the competent courts are those of the judicial district of the registered office of the Company.