General conditions Duetto Rent
1 Explanation of terms
In these General Conditions is intended by:
1.1 Vehicle: motor vehicle in the sense of an automobile, camper, transport van or moped, being the object of the lease agreement. DUETTO RENT exclusively lets older vehicles, so-called ‘young/ old-timers’, for recreative use. The vehicles of DUETTO RENT are serviced well and are – especially considering their age – in fine condition. The vehicles are compliant with the applicable technical requirements, but deviate as to comfort and driving characteristics from what is customary for modern vehicles and today’s transport.
1.2 Lessee: the natural person or legal person entering the rental agreement.
1.3 DUETTO RENT B.V. which – represented by its directors or collaborators – enters into the agreement with the lessee as a lessor.
1.4 Driver: the actual driver of the vehicle.
1.5 Damage: the damage which DUETTO RENT incurs directly or indirectly as a consequence of the damaging or going missing of the vehicle or of accessories or parts thereof. Also included in such damage are the costs of restoral or replacement of the vehicle and the consequent loss of rental income; with losses caused with or by the vehicle to persons or goods, for which DUETTO RENT (registered owner), or the liability insurer of the car is liable.
1.6 Amounts: the amounts mentioned in this text which always include any possible VAT.
1.7 Rental agreement: the written agreement, including the underlying conditions, which is signed both by the lessee and DUETTO RENT. It is established in the rental agreement which vehicle(s) the lessee rents and during what period, further referred to as the rental period. The invoice amount is also stated. Upon signing, you also sign for having read the general conditions on our websitewww. duettorent.nl
1.8 Pick-up location: place from where the vehicle is rented out and where (unless arranged otherwise) it is delivered back to.
1.9 Fuel: Lessee is obliged to fill up with suitable fuel/Petrol Euro 98.
2 Reservation and cancellation
2.1 written quotation of DUETTO RENT counts as an offer and reservation during the period within which the lessee must have accepted it.
2.2 The rental agreement is only concluded at the moment when DUETTO RENT has received a confirmation of approval by the lessee. The lessee can confirm in writing or by e-mail. The rental agreement is concluded definitively after receipt of the total rental amount.
2.3 Through the confirmation intended in section 2, the lessee also agrees with the applicability of the underlying General Conditions which can be read on www.duettorent.nl.
2.4 Any possible modifications afterwards are possible through mutual consultation, though they expressly leave unaffected all remaining conditions.
2.5 Cancellation is only possible if upon reservation use was made of the surcharge for flexible lease. See point 2.8.
2.6 DUETTO RENT has the right to cancel the rental agreement if (a) situation(s) occur(s) outside the sphere of influence of DUETTO RENT which render it impossible to make available the vehicle. In such case, the lessee is entitled to a refund, but cannot bring to bear any claim for compensation of damages.
2.7 Lessee is obliged before leaving with the vehicle to identify himself and to leave behind a copy of his driving license. If there are several drivers, they must all show their driving license before the start of the lease. Preferably e-mail IDs/Driving licenses upon reservation to firstname.lastname@example.org
2.8 Flexible Lease: for a 15 percent surcharge, you can rent flexibly. In that case, you can cancel the reserved date in the event of bad weather, illness, or other inconveniences up to 48 hours before the start of the rental period and arrange a new date within 2 years, on the basis of availability. The surcharge flexible lease will under no circumstance be refunded (not either in case you have not had to make use of this formula).
2.9 Lease can only take place after payment of the security deposit, an amount of 500 euros for rental in the Netherlands and 1000 euros for rental in Italy. The deposit must be credited to the account of Duetto Rent with IBAN number NL83 INGB 0007 6900 44 at least 7 days before the start of the lease. As a reference use ‘deposit’, the colour, ‘Spider‘, and the rental period.
3.1 The full rental amount must be settled after receipt of the invoice. Only after receipt of the full payment, the reservation becomes definitive.
3.2 The definitively owed amount can deviate from the invoice amount, depending on additional arrangements and added costs as a result of damage, lack of fuel. If the vehicle is handed in too late, DUETTO RENT can charge rent for an extra day. The possible surplus will be deducted from the deposit which was paid.
3.3 In case of late payment, DUETTO RENT has the right to rescind the rental agreement. The payment obligation of the lessee will then remain effective.
3.4 In case of late payment, the collection costs and any possible judicial costs are borne by the lessee. These collection cost are calculated on the basis of the standard for the calculation of extrajudicial costs as laid down in ‘Rapport Voorwerk II’, and are increased by registration costs in the amount of 25 euros.
3.5 The security deposit of 500 euros for rental in the Netherlands and 1000 euros for rental in Italy must be paid at least 7 days before the start of the lease to the account of Duetto Rent; after the lease, the deposit will be refunded within one week, whether or not after deduction of incurred expenses.
3.6 Under no circumstance will the lease take place without payment of the entire rental amount and the transfer of the security deposit.
4 Costs associated with the use of the vehicle
4.1 During the rental period, the costs associated with the use of the vehicle, for example fuel, toll, and parking fees, are at the expense of the lessee, unless established otherwise.
4.2 After the end of the rental period, the vehicle must be handed back in with a full fuel tank (Euro 95), unless established otherwise.
4.3 For filling up a vehicle, the lessee is charged with €15 of handling costs, increased by the costs which DUETTO RENT has incurred for the added fuel. If the car does not have a full fuel tank upon arrival, we deduct this amount from the security deposit.
4.4 In case of smoking in the car, 50 euros extra will be charged.
4.5 Handing in too late: in case the car is handed back in too late without consulting, a full daily rate will be billed.
4.6 Extra polishing of the car/gloss can be carried out against a rate of 125 euros incl. VAT (for instance for a photoshoot or wedding).
5 Use of the vehicle
5.1 Lessee is aware that the vehicle is a classic model with all the charms, but also the limitations and the lack of comfort inherent to it. Lessee must handle the vehicle in a careful manner. Please note that especially driving in Italy will require a different style of driving, due to the many steep slopes and narrow streets. Please make sure you always park the car on a level surface (parking on a slope may cause the car to not start smoothly afterwards).
5.2 Lessee realises that the vehicle, in terms of speed and characteristics, is less suitable for use on the highway. Parties envision a recreative type of use and lessee is bound where possible to make use of secondary routes. In case of breakdowns on the highway, the possibilities of DUETTO RENT for repatriation by own means are limited. If a third party is deployed to tow away or salvage the vehicle, the costs involved are borne by the lessee, unless in view of the circumstances of lessee it could not reasonably be demanded from lessee he would have taken another route than the highway.
5.3 The main lessee is obliged to make sure that the obligations and prohibitions of these general conditions are complied with by the driver, passengers, and other users of the vehicle. Lessee is liable for all consequences of behaviour of users of the vehicle, also in the event it did not have the approval of lessee.
5.4 Lessee is responsible for all drivers being competent and in the condition required for driving the vehicle. The main driver always retains final responsibility. An extra driver is permitted and is free of charges after handing in a copy of the driving license, but under the responsibility of the main driver.
5.5 To be allowed to drive the vehicle, persons must have been in possession of a valid driving license for at least one year and to have reached the age of 21 years before the start of the rental period.
5.6 In case of children joining the ride, lessee must procure sound child seats. A child in any event occupies one available spot in the vehicle. Please note: rules regarding are different in Italy from those in the Netherlands.
5.7 DBefore departure, DUETTO RENT gives instructions, if so desired by the customer.
5.8 In no manner is DUETTO RENT liable for damage, loss, or theft of property of the lessee.
5.9 It is not permitted to lessees otherwise than with the consent of DUETTO RENT to sub-let the vehicle to third parties.
5.10 It is strictly forbidden to the lessee to smoke in the vehicle. If smoking has nevertheless taken place in the car, a fine of 50 euros will be applied, whether or not increased by the costs of damage caused, additional cleaning.
5.11 It is permitted to the lessee to transport pets in the vehicle, on condition logical precautionary measures are taken to prevent the possible damaging of the vehicle.
5.12 If it lasts more than 2 days, lessee must (let) keep all fluids and the tyre pressure at the required levels and control the oil level regularly.
5.13 Lessee must fill up with the fuel which is suitable for the vehicle (Euro 95).
5.14 DUETTO RENT reserves itself the right at all times in the event of conflict with the preceding provisions to requisition the vehicle and/or to deny one or more drivers further use.
5.15 DThe lease is without a cap on mileage.
5.16 The lease is always inclusive of cleaning (except in the event of smoking in the car and/or if extreme soiling is manifest, in which case a surcharge of an additional 50 euros is applied).
5.17 When parking the vehicle, it must always be closed, the roof closed and parked on a flat surface and not on a slope.
6.1 The lessee agrees with the applicable deductible. The standard deductible is 850 euros per accident. This deductible can be lowered against a pay-off sum of 15 euros per day, to an amount of 450 euros in deductibles.
6.2 The deductible entails that damage to the vehicle, other objects, and personal harm to third parties, which have occurred during the rental period, can be claimed from the lessee up to a maximum of the amount of the established deductible.
6.3 The deductible for the lessee is a debt payable at the address of the payee. In case of damage, the lessee is obliged to immediately pay the entire amount of the deductible, after deduction of such security deposit as may have been paid.
6.4 DUETTO RENT thereby reserves itself the right until one year after the start of the rental period to bill unforeseen costs which are caused directly by the lessee.
6.5 The deductible is the maximum liability of the lessee for damage per damage case, unless the vehicle was not used in accordance with these general conditions, the applicable law, or in the event of negligence.
6.6 The deductible in case of theft of the vehicle is 2,500 euros and cannot be paid off.
7 In case of damage
7.1 essee is obliged to hand back the vehicle at the pick-up location in the same condition as that upon departure, no later than on the day and at the time as arranged in the rental agreement.
7.2 The lessee is liable for damage to the vehicle which has occurred as from the start of the rental period until the moment that DUETTO RENT has taken back the vehicle. This also applies if the vehicle at the time of any event was not being driven by or not under the control of the lessee. In the event one leaves the vehicle, after the approval of DUETTO RENT, at an established location without a collaborator of DUETTO RENT being present (drop off of keys through the key safe), then the camera footage will have validity in case of any possible discussion.
7.3 If the lessee has the suspicion that something is wrong with the vehicle, the lessee must immediately contact DUETTO RENT. (Phone number: +31(0)624202627) and/or by way of a number which has been arranged in writing with DUETTO RENT.
7.4 If an insurance contract concluded by DUETTO RENT against the risk of bodywork damage or against the risk of legal liability disburses a payment to DUETTO RENT or to a third party, such leaves unaffected the liability of the lessee.
7.5 DUETTO RENT has a sound passenger insurance. If a user during use of the vehicle incurs damage or injury, the lessee has the right to claim from this insurance.
7.6 It is not permitted to the lessee to use the vehicle in case of damage or a defect to the vehicle if such may lead to its deterioration or to the decrease of road safety.
7.7 In case of damage or of any event from which damage may flow, the lessee is obliged: to immediately inform DUETTO RENT telephonically; to follow the instructions of DUETTO RENT; to provide all information and documents, whether requested or not, which regard the event to DUETTO RENT or its insurer. To present a fully compiled and signed damage claim form within 24 hours to DUETTO RENT; to provide DUETTO RENT and the persons designated by DUETTO RENT with all assistance they request to obtain compensation for damage from third parties or as a defence against claims by third parties.
8 Costs of repairs and damage
8.1 In case of a defect to the vehicle, the lessee is obliged to immediately inform DUETTO RENT telephonically.
8.2 The costs of repair activities which become necessary during the rental period to be able to continue driving safely are borne by DUETTO RENT. DUETTO RENT must always give approval before a repair takes place.
8.3 The costs involved with the cleaning of the vehicle as a consequence of smoking and other soiling are claimed from the lessee.
8.4 The costs of the repair activities paid by the lessee are refunded by DUETTO RENT against presentation of an itemised bill and a valid receipt.
(Following written approval by e- mail).
8.5 Defects to the vehicle caused by the inappropriate use of the vehicle are treated by DUETTO RENT as damage.
8.6 If the lessee is liable for the costs of the repair of the vehicle, the costs are billed on the basis of a quotation issued by a supplier, workshop, damage restorer or other selected by DUETTO RENT.
8.7 The damage resulting from the impossibility of letting the vehicle is set at the number of days multiplied by the rental price per day.
8.8 In case the damage cannot be easily or speedily repaired, DUETTO RENT exerts itself to make available a substitute vehicle. If such turns out to be reasonably impossible, the goodwill arrangement as described below under 9.2 applies. This substitute vehicle may be of a different model, that is, not a convertible.
8.9 In the event of minor damage such as dents in the varnish, damage to the varnish caused during the rental period whether or not through the fault of the lessee, the restoral costs will be deducted from the deposit. DUETTO RENT applies fixed sharp prices for repairs (275 euros excl. VAT per damaged part/panel). Before departure, lessee makes a check-up tour of the vehicle and if applicable can note any possible sightings regarding damage below on the contract. Lessor carries out a complete and thorough control of the vehicle when preparing the vehicle for the start of the rental period.
9 In case of breakdowns
9.1 DUETTO RENT or a third party deployed by it provides – if necessary on location – technical assistance if required.
9.2 If the vehicle is temporarily unusable, DUETTO RENT accommodates the lessee as follows: DUETTO RENT compensates the lessee by way of a voucher in the amount of the invoice sum in case the rental period is one day.
IIn case of a rental period of several days, DUETTO RENT does its utmost to provide the lessee with substitute transport within two business days. Substitute transport can be a different type of car and it may or may not be a convertible. As from the third business day until the vehicle has been repaired or the rental period has ended, the lessee receives an equivalent disbursement in kind by way of a voucher.
9.3 DUETTO RENT is responsible for the costs of the repatriation of the vehicle in case the vehicle cannot be repaired before the end of the rental period.
9.4 The towing costs of a company not deployed by DUETTO RENT are borne by the lessee.
9.5 In case of breakdowns or other calamities, lessee will grant all assistance to DUETTO RENT to make sure that DUETTO RENT will reobtain possession of the vehicle.
10 Sanctions and measures imposed by the authorities
10.1 All sanctions imposed by the authorities during the use of the vehicle are borne by the lessee, unless these are related to a defect which was at hand upon the start of the lease already. And noted upon departure on the rental agreement or communicated telephonically immediately after the start of the lease to DUETTO RENT. (And on condition DUETTO RENT has granted approval for the continuation of the ride.)
10.2 Sanctions imposed by the authorities on DUETTO RENT can be billed to the lessee until 1 year after the lease. DUETTO RENT has the right to thereby apply €25 euros in administration costs.
10.3 During the use of the vehicle, the lessee observes the applicable legislation and regulations of the country where the lessee is located at such time. The lessee refrains especially from unauthorised access to so-called environmental zones. Please note, traffic code and maximum permitted speeds are different in the Netherlands than in Italy!
11 Rescission of the lease
11.1 DUETTO RENT has the right to terminate the rental agreement without default notice or judicial intervention and to retake possession of the vehicle, if it becomes apparent that: the lessee does not, does not timely, or does not completely comply with one or more of the obligations of the rental agreement; during the rental agreement circumstances become apparent which, had DUETTO RENT been aware of them, it would not have entered into the rental agreement.
11.2 Rescission of the lease leaves unaffected the fact that DUETTO RENT is entitled to full compensation of costs and damage flowing from the circumstances.
12 Trips (abroad), arrangements, and routes
12.1 DUETTO RENT in principle is not a tour operator (art. 7:500 BW(Civil Code)) nor a travel agent, but upon request it can give advice regarding the booking of hotels and restaurants and give assistance for the planning of itineraries.
12.2 BFor vehicles which are leased by DUETTO RENT from other lessors, other General Conditions and another Deductible may apply.
12.3 In case of any possible shortcomings, conflict, or other irregularities in, at or due to third parties, such as guesthouses, hotels, transport companies or other suppliers which complete or enable arrangements of DUETTO RENT, the general conditions of these companies are applicable.
12.4 If the vehicle is used to make a trip abroad, the lessee himself is responsible for being in possession of the required travel documents.
12.5 The duration of the trip is specified in whole days. The days of departure and arrival are thereby included, regardless of their hour.
12.6. In case you have the intention of crossing the border (to enter another country), then you must previously inform DUETTORENT accordingly in writing.
13.1 DUETTO RENT is soundly and adequately insured for damage to the vehicles and passengers. In such case of breakdown as may unexpectedly occur, DUETTO RENT accommodates its lessee as described in article 9.
13.2 The liability of DUETTO RENT is limited under all circumstances to the amount for which the insurance of DUETTO RENT provides coverage in the relevant case.
13.3 DUETTO RENT can only be held accountable in the event of an attributable shortcoming. The liability is limited in such case to the compensation of direct damage until a maximum of the amount of the rental agreement.
13.4 An attributable shortcoming of DUETTO RENT exclusively pertains if upon the implementation of the agreement, the enjoyment which may be expected of the let vehicle cannot be said to exist.
13.5 Any liability of DUETTO RENT for indirect damage, also including consequential damage, loss of holiday enjoyment, costs of overnight stays and travel expenses, is excluded.
13.6 DUETTO RENT advises the lessee to take out a travel insurance for unforeseen costs in case of breakdowns.
14 Applicable law and disputes
14.1 To each agreement between DUETTO RENT and the lessee, Netherlands legislation is exclusively applicable. DUETTO RENT is a company with legal seat in the Netherlands.