if the client commits a significant breach of this Agreement and this breach either cannot be remedied or the client has failed to remedy this infringement within sixty (60) days after receipt of a registered letter in which it is called upon to do so.
8.3 LeasePlan moreover reserves the right to immediately reclaim or recover Vehicles in the cases listed in article 8.2.
LeasePlan is also entitled to immediately reclaim the Vehicles if further use could seriously damage the reputation of LeasePlan.
8.4 If the Vehicles are not returned, LeasePlan will recover them at the expense of the client or his legal successor.
8.5 To maintain and guarantee the flexibility of its commercial relationship, LeasePlan can amend or supplement provisions of this Agreement at any time. Such amendments will hoLeasePlanver have no effect on the fundamental rights and duties of the parties, but may be needed to explain revised processes or products. You are informed of every amendment in advance and in writing. Every change will also always be announced in advance in our newsletter and via our LeasePlanbsite. Amendments to the present Agreement will only take effect as of the effective date specified in the notification, and will moreover only apply to Vehicles that you reserve after this date.
ARTICLE 9: MAINTENANCE AND REPAIRS
9.1. Normal maintenance costs of the Vehicle are the responsibility of LeasePlan. The client or the driver should hoLeasePlanver always ask permission from LeasePlan before maintenance or a repair may be carried out.
The client or driver will always present the Vehicle to a partner or supplier designated by LeasePlan.
9.2. Repair costs that are a consequence of improper use of the Vehicle are billed to the client (see also Articles 16.1 through 16.12).
ARTICLE 10: ROADSIDE ASSISTANCE
If the Vehicle is immobilised due to an accident or technical defect, LeasePlan will provide you with another Vehicle which belongs to the same price category.
The roadside assistance service will convey the Vehicle that is immobilised due to an accident or technical defect to a garage approved by the importer.
ARTICLE 11: RETURN OF THE CAR
11.1 When the right of use ends, the client brings back the Vehicle to LeasePlan’s collection site for used Vehicles. If the client wishes so, LeasePlan can have the car picked up at a location agreed with LeasePlan for an additional charge.
If needed, LeasePlan will have the Vehicle fully cleaned and bill the expenses incurred for this to the client.
The client must always inform LeasePlan in writing in advance if he want to turns in a Vehicle. This can be done by e-mail at firstname.lastname@example.org or by calling the number 02/722 60 01.
If the client brings back the Vehicle to LeasePlan’s collection site himself, the state of the Vehicle, the mileage and the date are noted at the time of return on the collection form that is signed both by LeasePlan and the client or the driver.
If the Vehicle is turned in at a location agreed with LeasePlan, the client should ensure that a correct and complete “official Vehicle return report” is drawn up and signed by himself and the person who takes receipt of the Vehicle.
If the official report is incorrectly or incompletely filled in, or if there is no official report, LeasePlan will determine the damage at the time the Vehicle is brought to its collection site itself, and the client will be liable for this.
11.2 When the Vehicle is returned, the client or the driver should turn in the Vehicle with the same fuel level. If the Vehicle contains less fuel when returned, LeasePlan will bill the difference in fuel to the client, with a minimum of 5 litres of fuel plus a lump-sum fuel fee of €15.
11.3 Damage to the Vehicle is always determined on the basis of the “Fair LeasePlanar and Tear” standard of LeasePlan, which can be consulted on the LeasePlan LeasePlanbsite. In determining the damage to the Vehicle, LeasePlan does not take into account records or official reports that are not signed by it or an authorised representative it designated.
11.4 If it appears that the Vehicle is damaged upon return and no accident report was filed for this at the time of the damage, or any insurer takes no (further) action, the estimated repair cost of the Vehicle (determined by an independent expert) is billed to the client, plus an administrative fee. Normal LeasePlanar and tear is not considered damage.
11.5 When the Vehicle is returned, LeasePlan will draw up a statement for the kilometres that exceed the maximum number of kilometres listed in the Price Grid.
ARTICLE 12: BILLING
12.1 Invoices are sent electronically by LeasePlan in a legally permitted and secure format. The files sent should be archived by the client in the original form in which they LeasePlanre sent.
12.2 If LeasePlan has not received payment of invoices on the due date, the client is charged, automatically and without notice of default, interest on every overdue amount equal to the interest specified by the Law of 2 August 2002 on combating late payment in commercial transactions, from the due date to the day of payment. A part of a month counts as a full month.
12.3 After a first payment reminder, the client also pays administrative costs, namely 10% of the overdue amount with a minimum of 50 EUR and a maximum of 250 EUR.
12.4 If the client does not make the agreed payments or fails to fulfill other obligations enumerated in this Agreement, LeasePlan sends a written notice of default.
12.5 If the client does not agree with the content of an invoice, LeasePlan expects a written response with justification from the client within 10 days, to be sent to the attention of the Collection department at LeasePlan. After this term elapses, the client is deemed to have accepted the invoices.
ARTICLE 13: INSURANCE
ARTICLE 14: DATA PROCESSING
Data Controller” means the entity or natural person which alone or jointly with others determines the purposes and means of Processing of Personal Data;
;Data Processor” means any third party that Processes Personal Data under the instruction or supervision of LeasePlan but does not fall under the direct authority of LeasePlan;
Data Protection Law” means Directive 95/46/EC on the protection of individuals with regard to the Processing of and the free movement of such data and all laws and regulations and sectoral recommendations containing rules for the protection of individuals with regard to the Processing, including without limitation security requirements for and the free movement of Personal Data;
Personal Data Security Breach” means the unauthorized acquisition, access, use or disclosure of unencrypted Personal Data that compromises the integrity or privacy of such data to the extent the compromise poses a significant risk of financial, reputational, or other harm to the Driver. A Personal Data Security Breach is deemed not to have occurred where there has been an unintentional acquisition, access or use of unencrypted Personal Data by an employee of LeasePlan or Third Party Processor or an individual acting under their respective authority, if
• the acquisition, access, or use of Personal Data was made in good faith and within the course and scope of the employment or professional relationship of such employee or other individual; and
• the Personal Data are not further acquired,
accessed, used or disclosed by any person.
“Data” means all Driver and Vehicle information that is collected and Processed in the context of Services whether provided to LeasePlan by Client or by Drivers, or generated by LeasePlan through its systems and applications (derived data);
“Driver” means a Client employee and/or any other individual working for Client;
“Personal Data” means any information relating to an identified or identifiable individual;
“Processing” means any operation that is performed on Personal Data, whether or not by automated means, such as collection, recording, storage, organization, alteration, use, disclosure (including the granting of remote access), transmission or deletion of Personal Data. "Process" and "Processed" are to be construed accordingly;
“Vehicle” means the Vehicles that fall within the scope of the Services.
14.2 In signing this agreement the signer agrees to provide us with a copy of his identity card.
14.3 The client is responsible for providing LeasePlan with the correct details for the driver of the Vehicle and any changes in this when needed.
14.4 Data Protection
1. Personal Data. The Parties acknowledge that the performance of this Agreement involves collection and use of various categories of Data, some of which may constitute Personal Data.
2. Controllership. Each Party agrees that in respect of Data that constitutes Personal Data:
(A) LeasePlan qualifies as Data Controller for Processing of Personal Data in the context of providing and improving Services; and
(B) Client qualifies as Data Controller for Processing of Personal Data made available to Client via LeasePlan’s systems or applications.
3. Compliance. LeasePlan and Client shall comply with their respective Data Controller obligations under Applicable Data Protection Law.
4. Security. LeasePlan shall implement appropriate technical, physical and organizational security measures to protect Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and against all other forms of unlawful processing (including, but not limited to unnecessary collection or further processing).
5. Access. LeasePlan will have in place procedures so that any third party it authorizes to have access to Personal Data, including Data Processors, will respect and maintain the confidentiality and integrity of Personal Data. Any person acting under the authority of LeasePlan, including a Data Processor, shall be obligated to Process Personal Data only on instructions from LeasePlan. This provision does not apply to persons authorized or required by law or regulation to have access to Personal Data. LeasePlan shall ensure that subcontractors shall be bound to the same obligations with respect to Personal Data as to which LeasePlan is bound by this Clause 16.3.5. LeasePlan will remain fully liable to Client for the subcontractor’s performance of the contract, as LeasePlanll as for any acts or omissions of the subcontractor in regard to its Processing.
6. Inspection or audits by public authorities. Each Party shall submit its relevant Processing systems, facilities and supporting documentation to an inspection or audit relating to the Processing by a competent public authority if this is necessary to comply with a legal obligation. In the event of any inspection or audit, each Party shall provide all reasonable assistance to the other Party in responding to that inspection or audit. If a competent public authority deems the Processing in relation to the Agreement unlawful, the Parties shall take immediate action to ensure future compliance with applicable Data Protection Law.
7. Notice of disclosures and Personal Data Security Breaches. LeasePlan shall provide timely notice to Client if:
(A) it receives an inquiry, a subpoena or a request for inspection or audit from a competent public authority relating to the Processing;
(B) if it detects that a Personal Data Security Breach has occurred.
Such notice shall be sent to Primary Contact of Client.
8. Security Breach. In case of Personal Data Security Breach, and in addition to Clause 16.3.7.(B), LeasePlan shall take adequate remedial measures as soon as possible. Furthermore, LeasePlan shall timely provide Client with all relevant information as requested by Client regarding Personal Data Security Breach. LeasePlan shall develop and execute a response plan to address Personal Data Security Breach.
9. Cross-border Transfers. If any Personal Data shall be transferred outside the European Economic Area and Switzerland for the purpose of providing Services, such data transfer will be governed by the LeasePlan Binding Corporate Rules for Client, Supplier and Business Partner Data. LPCORP warrants that it will maintain and extend the EU authorization of its Binding Corporate Rules for Client, Supplier and Business Partner Data for the duration of the Agreement and that it will promptly notify Client of any subsequent material changes in the EU authorization of its Binding Corporate Rules.
10. Data Deletion/Anonymisation. Upon termination of the Agreement, LeasePlan shall no longer Process Personal Data, except to the extent required by this Agreement or as required by mandatory requirements in respect of the books and records of LeasePlan or as otherwise required by law.
ARTICLE 15: GENERAL PROVISIONS
15.1 Each party shall inform the other party forthwith about any material changes within their organization, business or legal status which might have consequences for this Agreement.
15.2 Fines, irrespective of the designation, that are caused by a violation of the law or the rules, shall be payable by the client unless LeasePlan itself has been negligent or has committed an error.
15.3 All reasonable costs which LeasePlan has had to incur to defend its rights with regard to this Agreement or costs and taxes arising from new legislation which was not in force at the time the Agreement was entered into, shall be paid by the client.
15.4 LeasePlan might be the owner of the Vehicles it leases out. The client will notify LeasePlan immediately if third parties assert rights to the Vehicle, wish to seize it or intend to take other measures. The client must make it clear to these third parties that LeasePlan or where appropriate, a supplier of LeasePlan, are the owners of the Vehicle concerned.
If, in the event of a breach of legal provisions in Belgium or abroad, the Vehicle is seized or temporarily or permanently taken off the road, the client shall pay the costs related thereto. In such situations, LeasePlan may take all such measures as it deems necessary in order to protect its rights.
15.5 Unless agreed otherwise by parties jointly in writing, any registered letters shall only validly be sent to the address mentioned at the head of this Agreement. Notification of any and every change of registered office shall be given by registered letter to the other party.
15.6 Provisions in this Agreement which would conflict with statutory or regulatory provisions shall be deemed not to have been included herein, whilst the other provisions shall remain in force. The failure to exercise or the delay in exercising a right, pursuant to this Agreement, does not constitute a waiver or a limitation of this right.
15.7 This Agreement as LeasePlanll as any annexes or appendices have to be signed, in name of the client, by the person(s) who can validly and legally represent the company. If LeasePlan would conclude, upon reception of the signed documents, that the Agreement has not been duly and properly signed, it withholds the right to consider the Agreement as null and void.
LeasePlan may, hoLeasePlanver, assume that the persons who signed the Agreement have the appropriate authority to legally bind the company.
15.8 Belgian law is applicable to this Agreement and any annexes and supplements.
15.9 Both parties shall have any disputes concerning the validity, interpretation and execution of this Agreement settled solely by the competent courts in Brussels.
ARTICLE 16: USE
16.2 The cost of a Vehicle is influenced by the driving style of the driver. The client and the driver therefore undertake to use the Vehicle and its accessories as a "reasonable and prudent driver".
16.3 If the Vehicle is used in a way other than that for which it was made available, any costs arising from this will be charged to the client. For example, speed trials, endurance tests and similar events re strictly forbidden.
16.4 It is forbidden to use the Vehicle to push or tow other cars or to carry people in return for payment.
16.5 Sub-hiring of the Vehicle is forbidden.
16.5 It is expressly forbidden for the driver to smoke inside the submitted Vehicle. If the driver does not comply with this prohibition, any expenses arising from the cleaning or repair of smoke or cigarette damages are fully charged to the client.
16.6 Hazardous and/or explosive substances may only be carried on the condition that the client and/or the driver is always in possession of the relevant legal permits and always has the document at hand inside the Vehicle while driving. Moreover the client must notify LeasePlan of this in writing, so that LeasePlan can take out an additional insurance policy on behalf and at the expense of the client.
16.7The Vehicle may only be used in the countries listed on the insurance certificate (green card).
If these provisions are not followed, LeasePlan and/or the insurance company does not intervene, the client shall pay for all damage or loss occasioned on account hereof and LeasePlan shall not be responsible for this.
16.8 The instructions given by the importer or manufacturer regarding use and maintenance (in the maintenance manual) and compliance with the maintenance schedule are important and should be followed. For example, according to these guidelines the driver should regularly check the fluid levels and if necessary top these up (oil, water, antifreeze, etc.).
16.9 When a Vehicle or one of its parts has sustained damage through abnormal use or by an abnormal cause, LeasePlan has the cause of the defect or the damage ascertained in a report. If the driver is held responsible, for example for driving without sufficient oil, the client will notified thereof in writing.
If the client judges that there are serious reasons for disputing the report of LeasePlan, he can, at his own expense and on pain of cancellation, appoint himself an expert within 5 working days of the date of the notification by LeasePlan of its report. In such a case the client notifies LeasePlan that he proceeds with an appraisal by a counter expert and informs LeasePlan of the name of its expert. Parties agree to accept any possible unanimous content of the decision of these experts as binding and irrevocable.
If the decisions conflict, both experts will appoint a third expert who will take a decision that is final and irrevocable within 10 days (on receipt of the report from the expert appointed by the client). The costs and fees of the third expert will be paid by the losing party.
16.10The driver must of course always be in possession of a driver’s licence valid in Belgium for the type of Vehicle, and must abide by rules concerning the Vehicle’s speed, load and towing.
Violations of the statutory rules and regulations, including the traffic rules - and therein stipulations concerning the condition and use of the Vehicle - fall under the clients’s responsibility. In these cases the client shall protect LeasePlan from any fines or other claims.
If LeasePlan itself is obliged to pay a fine, it will afterwards charge the amount of the fine to the client or the driver, plus an administration fee of at least 15 EUR.
16.11 The Vehicle may be driven by the driver indicated in the Reservation confirmation and/or the Delivery note, or by other drivers indicated on the same payroll or officially resident at the same address as the driver.
The driver should be at least 21 years of age and since at least 1 year in possession of a valid driving licence.
16.12The client may not give the Vehicle in pledge, further rent it out or in any other way make it available to third parties against payment, unless LeasePlan gave its prior written permission to do so.
ARTICLE 17: MODALITIES FOR RETURNING THE VEHICLE
17.1 Documents or items that belong with the Vehicle should be returned together with the Vehicle: the certificate of registration, the official number plate, the insurance certificate, the statement of uniformity, all keys, the maintenance booklet and the proof of technical inspection, (insofar as this is applicable).
In the event of loss or theft of one of these documents, the driver is requested to lodge a complaint with the police and forward to LeasePlan the original report of loss or theft drawn up by the police.
For the replacement of one of these items, LeasePlan will charge to the client the replacement cost, plus an administrative cost.
If one or more of these documents or items are not returned immediately, LeasePlan is entitled to continue the invoicing of the lease price until all documents and items are returned.
17.2 If a key is missing upon return of the Vehicle, LeasePlan will also charge the client the replacement cost plus an administrative costs, unless the driver can produce a report of loss or theft in this regard.
ARTICLE 18: RISK RETENTION: GENERAL
18.1 If a Vehicle is damaged or stolen, the driver must notify this immediately to LeasePlan by telephone by calling the number 02/722.60.01 or sent an email to email@example.com.
Within 48 hours after the claim, the driver sends the completed copy of the European collision form to LeasePlan. If the claim relates to theft (including carjacking and home jacking), attempted theft, or collision with animals, the driver should also send to LeasePlan an original certificate from the police, with a mention of the number of the report and the details of the service concerned in order to demonstrate that the driver reported these facts.
A late, incomplete or false report or the lack of a report can cause loss or give rise to costs. If this occurs, LeasePlan charges this loss and/or these costs to the client’s account.
18.2 LeasePlan shall have the repairs carried out in our its name by bodywork repairers who are recognised by it. LeasePlan reserves the right to refuse, or to bill the client invoices from non-recognised bodywork repairers.
18.3 The client undertakes to give all suitable information and to ansLeasePlanr LeasePlan’s questions in order to facilitate the processing of the file. LeasePlan is entitled to carry out any useful examinations ourselves.
ARTICLE 19: CONDITIONS GOVERNING RISK RETENTION
Under the conditions and limitations set out hereunder, LeasePlan shall bear the following risks: fire, theft or attempted theft, own material damage and glass breakage.
This is the damage caused by fire, explosion, lightning, blowpipe flames and short circuits. LeasePlan also pays the costs of fusion damage to electrical wiring. If the damage is covered, LeasePlan shall also pay the costs of extinguishing the covered Vehicle.
The following are not covered by LeasePlan: