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:
1.damage caused by scorching (for example by cigarettes on the Vehicle’s upholstery);
2.damage caused by the loading, unloading or the transportation of lightly inflammable or explosive substances or goods, with the exception of the fuel in the tank and materials or goods for domestic use;
3.see also: general exclusions (Article 19.6)
19.2 Theft and attempted theft
LeasePlan bears the damage or loss caused by theft (including carjacking and home jacking) or attempted theft, as described in Article 461 of the Belgian Code of Criminal Law. This damage is extended to the costs of replacing all locks on the Vehicle if one or more keys are stolen or lost and you have reported this to the police within 24 hours.
LeasePlan retains the right to impose the installation of an additional anti-theft system it approved.
In the following situations you will compensate LeasePlan for the damage sustained by theft (including carjacking and home jacking) or attempted theft:
1.if the theft or attempted theft is committed by or with the participation of the client or the driver, an appointee or someone to whom the client or the client’s appointee made the Vehicle available (directly or indirectly);
2.if the Vehicle was not correctly locked; if the Vehicle was left with the doors, windows, boot or sunroof open; if it appears that the client, the driver or the client’s appointee are no longer in possession of all the keys and/or remote control devices or if it appears that one of the keys was in the Vehicle;
3.if it turns out that the Vehicle found has no signs of breakage or an attempted break-in;
4.if the alarm system or the contact breaker was not turned on or was put out of use without the written agreement of LeasePlan;
5.if the Vehicle disappears through abstraction, embezzlement or abuse of trust, as described in Article 491 et seq. of the Belgian Code of Criminal Law.
In the event of theft (including carjacking and home jacking) or attempted theft, the driver should act as follows:
6.i. report the incident immediately and at the latest within 24 hours, to the police. If the events occur abroad the driver must file an additional statement with the Belgian federal police as soon as he returns to Belgium;
7.ii. notify LeasePlan’s insurance department of the facts, in writing, within 24 hours of this report, giving detailed information of what happened. Also state the number of the statement report, give the details of the federal police department involved and the original police certificate, clearly specifying the stolen Vehicle and/or documents;
8.iii. if LeasePlan requests it, the driver should hand over all keys, remote control devices, sheets, cards, codes and where appropriate removable radio fronts, contact breakers or alarm systems, together with all on-board documents. If these documents or items are stolen together with the Vehicle, this will also have to be stated in a certificate of “theft, loss or estrangement of documents”;
9.iv. lodge a complaint or file a statement of loss with the police if one or more keys are stolen or lost. LeasePlan also expects to receive these documents of evidence within 24 hours. In this situation the driver will take all necessary measures to prevent the theft of the Vehicle or its contents whilst waiting for the locks to be replaced.
If these conditions are not fulfilled, LeasePlan shall not bear the loss and LeasePlan will recover the costs from the client.
LeasePlan hereby gives the driver power of attorney, as far as it is necessary, to make any reports of the loss of a number plate and/or on-board documents in our place. According to some police departments, only the “holder” of the number plate can do this, unless the latter grants the user of the Vehicle power of attorney.
If the stolen Vehicle is not back in LeasePLan’s possession 30 days after the date on which LeasePlan received the written report, LeasePlan will consider this as a total loss that occurred on the day of the theft.
19.3 Material damage
LeasePlan bear the costs of damage to the Vehicle in the following situations:
1.damage caused by a road accident involving the Vehicle overturning, colliding or making contact with any object;
2.damage caused by vandalism and malice unless caused by the driver or the client;
3.damage caused by natural forces. This is damage caused directly and exclusively by floods, hail, volcanic eruption, earthquake, collapse of rocks, falling rocks, earth tremors, avalanches, snowfall, the pressure of a mass of snow, the collapse of piled up snow or ice, gales whose top speed as recorded by the closest LeasePlanather station reaches 80 kph, hurricanes, cyclones or tidal waves;
4.damage which is directly and exclusively the consequence of the emergency landing or crashing of an aircraft or part thereof;
5.damage caused by deposit of chemical substances;
6.damage caused by unforeseen contact with animals.
19.4 Glass breakage
LeasePlan bears the costs of damage to front and rear windscreens and side windows, fog lamps, front and back lights and to the glass sunroof if the cracking or breakage of the glass is caused by the impact of an object that does not form part of the Vehicle itself (for further details, see under general exclusions, Article 24.6). LeasePlan also bears the cost of damage to front and rear windscreens and side windows in the event of spontaneous glass breakage. In all these cases LeasePlan can appoint an expert to examine the damage.
19.5 General extensions
In the event of insured damage, LeasePlan also bears the following costs, upon submission of the necessary documentary evidence:
1.damage to or theft of the original fixed parts that constitute the catalogue value;
2.damage to or theft of the accessories up to a maximum of 500 EUR (including the VAT that cannot be recovered). In the event of total loss of these accessories, LeasePlan shall take account of a depreciation of 1% per month commenced as from the purchase date;
3.the costs of temporarily storing the wrecked car provided the damage limitation obligation has been met (e.g. timely notification of damage);
4.the costs of disassembly if this is necessary to enable an estimate to be made of the damage;
5.the costs of a technical inspection after the Vehicle has been repaired;
6.the proven towing costs (currently up to a maximum of 5.000 EUR).
19.6 General exclusions
LeasePlan shall not bear any costs (these being payable by the lessee) for damage:
1.caused by a driver in a state of intoxication by alcohol or in a state of drunkenness or a similar state as a result of products other than alcoholic beverages;
2.during participation in speed trials, endurance tests or contests of skill;
3.if the driver fails to meet the conditions laid down under Belgian law concerning authorisation to drive a Vehicle;
4.by faulty maintenance, a failure to abide by the rules on technical inspection, a failure to follow the manufacturer’s guidelines (driving without sufficient oil, bald tyres) or a defective operation of the brake light and/or steering, unless the client demonstrates that the rules or guidelines were indeed followed by the driver or that there is no direct or indirect causal link between this condition and the damage;
5.to the part of the communication and/or navigation installation that is not attached to the Vehicle or theft thereof;
6.to personal property and objects that are transported in the Vehicle or theft of these goods;
7.to the Vehicle, caused by goods transported inside the Vehicle (i.e. ski box, bicycles on luggage carrier);
8.by overloading, the transport of personal or business effects or animals, and the loading and unloading of these;
9.to tyres unless this occurs with other material damage the costs of which are borne by LeasePlan;
10.by war, strikes and/or demonstrations if your appointee participates actively in these, civil, political or social unrest, attacks, insurrection, terrorism, armed or unarmed raids or hold-ups unless the client or the driver demonstrates that there is no direct or indirect causal link between these facts and the damage;
11.as a result of any phenomenon linked to radioactivity;
12.damage deliberately caused by the clien, an appointee or a driver of the Vehicle;
13.to four-wheel drive or all-terrain Vehicles unless the driver proves that the damage occurred during normal use on a public road for use by any Vehicle;
14.loss of use, reduction in value and replacement Vehicle costs;
15.damage, regardless of the cause, which occurred in a country not mentioned on the insurance certificate (green card) unless the client requested additional cover and received written consent from LeasePlan beforehand;
16.by theft if it is established that the alarm system or the contact breaker was not turned on or was out of order without the written approval of LeasePlan;
17.by false or incomplete information. LeasePlan can claim this damage back from you, as when, for example, LeasePlan has borne the damage to the Vehicle itself when it emerges from a subsequent report or judicial file that the Vehicle took part in a speed competition.
19.7 Contractual compensation
For every claim, the client bears a part of the costs itself, called contractual compensation. You are invoiced The amount of this contractual compensation is invoiced to the client per claim, plus an administrative cost per claim.
In case of several impact points, these will be considered as separate claims, unless they are caused by one manoeuvre during the accident. If this amount can be recovered and collected from a third recognised liable counterparty, LeasePlan will reimburse this amount to the client. If the amount of the loss is smaller than the contractual compensation, LeasePlan will the client for this loss amount rather than the full contractual compensation.
Provided that the client complies with the provisions of Article 19.2 and 19.3, LeasePlan does not ask for any contractual compensation (unless other arrangements have been made for this in the annex per Vehicle) for damage caused by:
1.theft or attempted theft;
3.crashing of aircraft and falling parts thereof;
4.collision with animals provided the incident was reported to the local police;