SNAPPCAR GENERAL TERMS AND CONDITIONS (T&C)
These General Terms and Conditions govern the use of SnappCar’s Service. These General Terms and Conditions apply to the use of SnappCar’s service by persons who lease a car and persons who hire a car.
SnappCar advises you to read these General Terms and Conditions carefully so that you know what rights and obligations you have.
Please be informed, that if you are using the Platform, Application or SnappCar Services you are contracting with Minbildinbil ApS when you hire a Vehicle that is registered and leased in Denmark and contracting with Flexidrive Sverige AB when you hire a Vehicle that is registered and leased in Sweden. In all other cases you are contracting with Carshare Ventures B.V.. Hereinafter Carshare Ventures B.V., Carshare Ventures B.V., Minbildinbil ApS, Flexidrive Sverige AB and all other affiliated companies shall be referred to as “Snappcar”, “we”, “us” or “our”.
Translations are furnished for the Users convenience only. The original English text will be binding and shall prevail in case of any variance between the English text and any translation.
Article 1 Definitions
Advance Payments: any and all reasonable and proportionate costs that SnappCar has incurred for the benefit of a User and/or on behalf of a User during the Rental Period, including but not limited to costs in connection with a breakdown, accident, repair, tow-away scheme, traffic fines and/or in connection with other matters.
Content: any and all information that SnappCar itself places on the Platform, including but not limited to the layout and the ‘look and feel’ of the Platform, the logos and brands included, and certain texts.
Damage: any and all damage, defects and other flaws (that are caused to the Vehicle during the Rental Period).
General Terms and Conditions: these General Terms and Conditions of SnappCar.
Insurer: the insurance company that offers the Insurance Agreement.
Insurance Fee : the premium SnappCar charges Users on behalf of the Insurer.
Insurance Agreement: the agreement between the Owner (as the policyholder), the Renter (as the insured party) and the Insurer in connection with the use of the Vehicle that is rented using the Platform.
IP Rights: any and all industrial and/or intellectual property rights, including but not limited to copyrights, software rights, databank rights, trademark rights, patent rights, design rights, trade name rights, neighbouring rights and knowhow.
Mileage Fee: the price for the kilometres that have been driven agreed by the Renter and the Owner, excluding the Insurance Fee and the SnappCar Fee.
Platform: the platform that can be accessed using SnappCar’s mobile application or the current or future SnappCar websites, including but not limited to www.snappcar.nl, www.snappcar.dk, www.snappcar.se, www.snappcar.de, or any other SnappCar website and the underlying pages and that offer you the opportunity to make use of the Service.
Profile: an individual profile page that you create and administer when you register as a User on the Platform.
Rental Agreement: the agreement that a Renter and an Owner conclude using the Platform for the rent of a Vehicle.
Rental Price: the sum of the Rental Fee, the Mileage Fee, the Insurance Fee, the SnappCar Fee and any applicable additional charges.
Rental Period: the period between handing over the keys at the collection of the Vehicle by the Renter and the moment the keys are returned by the Renter to the Owner when the Vehicle is delivered.
Rental Request: an offer made by the Renter to conclude a Rental Agreement, as it can be sent to the Owner using the Platform.
Rental Fee: the price for renting the Vehicle agreed by the Renter and the Owner, excluding the Insurance Fee, the SnappCar Fee and any applicable additional charges.
Renter: the User who acts as the hiring party in the context of a Rental Agreement.
Service: the service that SnappCar provides you, which consists of offering a Platform that makes it possible to hire and lease Vehicles between private individuals.
SnappCar: the business name of Carshare Ventures B.V., a private limited liability company in accordance with Dutch law, having its registered office at the Jaarbeursplein 6 in (3521 AL) Utrecht, the Netherlands, which is registered with the Chamber of Commerce under number 55839118, and/or companies affiliated with it, including but not limited to Minbildinbil ApS and Flexidrive Sverige AB.
SnappCar Fee: the intermediation fee that SnappCar charges Users.
SnappCar IP: any and all IP rights with respect to the Service, the Platform and the Content.
SnappForm: the form that the Renter and the Owner jointly complete and sign prior to the commencement of the Rental Period and after the Rental Period has ended. In the event that the form is in digital form (and is filled in digitally via a SnappCar application) ‘sign’ is considered to be equivalent to ‘confirmation’ electronically, and the form can be downloaded by the Renter and the Owner after confirmation.
Owner: the User who acts as the leasing party in the context of a Rental Agreement.
Vehicle: a car, passenger van, camper van or other motorised passenger vehicle having at least four wheels, for which a general driving licence is required.
User: a natural person who has made a Profile on the Platform in order to make use of the Service.
Verified User: a User who SnappCar has verified, in which context the verification has been based on a combination of checks of the information provided by the User.
Article 2 Applicability
These General Terms and Conditions govern the Service.
SnappCar may amend or supplement these General Terms and Conditions at any time. The most recent version of the General Terms and Conditions can be found on the Platform. In the event that the General Terms and Conditions are amended, the new General Terms and Conditions will be brought to your attention during your first use of the Platform after the amendment has been made. If you continue to use the Platform after these General Terms and Conditions have been amended or supplemented, you thereby irrevocably accept the amended or supplemented General Terms and Conditions. In the event that you do not accept the amended or supplemented General Terms and Conditions, your only option will be to no longer use the Service and to delete your Profile.
As a result of the intermediation by SnappCar, a Rental Agreement can be concluded by the Renter and the Owner. SnappCar is not a party to the Rental Agreement.
These General Terms and Conditions apply between SnappCar and the User. Other documents and information that are available on the Platform are for information purposes only.
Article 3 Registration and Profile
3.1 In order to make use of the Service you must register as a User and create a Profile.
3.2 You guarantee that all the information in your Profile is correct, complete, accurate and relevant. You acknowledge that the correctness and completeness of the information provided is extremely important for the optimal operation of the Platform and the Service. You acknowledge that you, yourself, are responsible for the correctness and completeness of the information provided and any and all consequences of inaccurate, incomplete or incorrect information in your profile. You acknowledge that any and all damage that you, SnappCar or a third party sustains as a result of your information being incorrect or incomplete is completely at your own risk and expense, unless mandatory provisions of law provide otherwise.
3.5 You, yourself, are responsible for keeping secret your combination of your password and username. You may not provide your username and/or password to third parties or give third parties access to your profile in any manner. You, yourself, therefore are liable for all the use that is made of the Platform using your username and password. SnappCar is entitled to assume that you are actually the person who logs in using your username and password. You must inform SnappCar as quickly as possible as soon as you have any reason to suspect that a username or password has become known to any unauthorised parties. You also are obliged to take effective measures, such as changing the password.
3.6 SnappCar is entitled to delete a Profile at any time, such as, but not limited to, a case in which SnappCar receives complaints about the User from other Users.
Article 4 Requirements for the User
4.1 A registration as a User, the use of the Service and the conclusion of a Rental Agreement are subject to the following terms and conditions:
You must be at least 21 years old and if you wish to hire a Vehicle you must have been in possession of a valid driving licence (for the category of Vehicle that you wish to hire) for at least 12 months.
You must be in possession of valid proof of identity (a passport or identity card) and a valid driving licence and you must have uploaded those documents in your Profile in accordance with the requirements stipulated in that respect, if and insofar as requested.
In the two years that preceded the conclusion of a Rental Agreement and/or registration as a User you may not have been involved in more than two claims for damage to Vehicles in respect of which you are/will be directly or indirectly liable.
In the eight years that preceded the conclusion of the Rental Agreement as a Renter:
you may not have been excluded or refused by any insurer, for example, but not limited to, as a result of breach of contract, payment arrears, fraud, wrongful or bad behavior, or otherwise, and for those reasons no supplementary requirements have been stipulated in respect of an insurance policy that has been taken out by you or in your name, for example, but not limited to, higher premiums, a higher deductible and/or limitation of the coverage; and
you may not have been found guilty of driving under the influence (of alcohol and/or drugs), driving dangerously, driving without insurance and/or insurance fraud.
You, as the Renter, do not take any medication and do not have limitation, disability and/or illness that could negatively affect your ability to drive.
You have filled in your Profile completely truthfully and have uploaded a recent photo of yourself in your Profile as your profile photo in accordance with the requirements stipulated in that respect.
4.2 By registering as a User, making use of the Service and/or concluding a Rental Agreement you guarantee that you meet (and will continue to meet) all the requirements listed above. In the event that you are not (or no longer are) in compliance with these terms and conditions you may not (or no longer) make use of the Service as a User and SnappCar will be entitled to exclude you from making use of the Service and to delete your profile.
4.3 You, yourself, are fully responsible for any and all damage and costs that you, yourself, SnappCar and/or third parties sustain as a result of the fact that you are not (or no longer are) in compliance with the requirements stipulated above.
4.4 SnappCar and the Insurer are entitled to verify the User’s identity, creditworthiness, history of criminal convictions and history in respect of your driving behaviour by consulting third parties’ databases.
4.5 Snappcar reserves the right to lay down additional requirements and / or conditions to the use of the Service and / or your registration as a User, for example (but not limited to), requirements for the purpose of checking and veryfying identity (data), the condition of the vehicle and / or other transaction data.
4.6 SnappCar is entitled to refuse your registration as a User and/or to block or refuse your registration as a User, without being required to state the reasons for doing so.
Article 5 Requirements in respect of the Owner and the Vehicle
5.1 The following terms and conditions apply, as a supplement to the terms and conditions stipulated in Articles 3 and 4, for a registration as an Owner:
All Vehicles that are offered for hire must be registered in your Profile.
You guarantee that all the Vehicles that you offer meet the following requirements:
all the basic safety requirements that apply in the country in which the Vehicle is leased;
the Vehicle is free of any defects, unless explicitly agreed otherwise in the Rental Agreement with the Renter and recorded in the SnappForm;
the Vehicle must at least be insured for statutory third-party liability;
all taxes, including road tax, in respect of the Vehicle have been paid in a timely manner;
the Vehicle has a valid registration number and is registered in the country in which the Vehicle is leased;
you are the sole owner of the Vehicle (or you must submit a written power of attorney in advance showing that the rightful owner has authorised you to lease the Vehicle using the Platform. In case of a lease car, you must submit permission from the leasing company and you need approval of Snappcar in advance to offer the Vehicle on the Platform);
the Vehicle has had all the customary maintenance as advised by the manufacturer of the Vehicle; and
the Vehicle can be used in the normal manner and has sufficient necessary fluids, including, but not limited to, motor oil, brake fluid, coolant, etc., unless otherwise explicitly agreed in the Rental Agreement with the Renter.
5.2 In the event that at any point in time a Vehicle no longer is in complete compliance with the foregoing requirements, you will be required to delete the Vehicle from your Profile and terminate any and all pending reservations or Rental Agreements and/or to reject any Rental Requests,
5.3 SnappCar is entitled to delete the Vehicle from the Platform at any time and to terminate any and all pending reservations or Rental Agreements and/or to reject any Rental Requests, if it suspects and/or has evidence that the Vehicle no longer complies with one or more of the requirements set out in Article 5.1 under b, for example (but not limited to) in the event of an above-average number of breakdown notifications for a Vehicle or if SnappCar is notified by a leasing company that the permission referred to in Article 5.1 under b(vi) has been revoked.
5.4 The Owner is not permitted to add to the Profile and/or to lease more than three (3) Vehicles using the Platform. Commercial leasing of Vehicles is not permitted.
5.5 The Owner is not permitted to offer a Vehicle using the Platform and/or to conclude a Rental Agreement with a Renter who is a member of the Owner’s family (including, but not limited to, parents, brothers or sisters, children) and/ or who are temporarily or permanently a member of the same household.
5.6 SnappCar and the Insurer are entitled to verify the Owner’s identity, creditworthiness, history of criminal convictions and insurance history on the one hand, and the specifications, insurance history, history of criminal convictions and damage history of vehicles on the other, by consulting third parties’ databases.
5.7 SnappCar is entitled to refuse and/or to delete your registration as an Owner and/or the registration of a Vehicle, without being required to state the reasons for doing so.
5.8 Insofar as SnappCar offers you functionalities in order to make decisions (or in order to make better decisions) with respect to present or potential Renters, Rental Requests, Rental Price or other matters, you accept that that is offered solely by way of support. You accept that you, yourself, are fully responsible at all times for offering a Vehicle, determining the Rental Fee and the Mileage Fee, accepting or rejecting Rental Requests, the use of the Service and concluding a Rental Agreement.
5.9 You, yourself, are fully liable for any and all damage and costs that are the result of the fact that you and/or your Vehicle are/is not (or no longer are/is) fully in compliance with the foregoing requirements. This means that, for example (but not limited to), in the event of an (early) termination of the Rental Agreement due to wear and tear and/or poor maintenance of the Vehicle, the Owner must refund the paid Rental Fee to the Renter pro rata and must reimburse any associated additional costs.
Article 6 The Platform
6.1 You accept that SnappCar offers only a Platform on which you can come in contact with other Users for the purpose of concluding a Rental Agreement. SnappCar facilitates only the Platform but has no knowledge of and/or involvement in the information (which also includes the Profile information) that you or other Users exchange using the Platform and the Vehicles that are made available using the Platform. Thus, SnappCar is not a party to the Rental Agreement and therefore it cannot accept any liability whatsoever for it.
6.2 SnappCar offers the Platform ‘as is’. You accept that the Service contains only the functionality and other characteristics as you find them on the Platform at the time at which you are using it. SnappCar therefore expressly, tacitly and explicitly excludes any and all guarantees, undertakings and indemnifications of any kind whatsoever, including, but not limited to, guarantees, undertakings and indemnifications with respect to the quality, completeness, safety, lawfulness and correctness of the Service (and the use of the Service), the Platform (and the use of the Platform) and the information that is offered on it, unless these General Terms and Conditions provide otherwise.
6.3 You accept that SnappCar is entitled at all times to change, modify and/or close down the Platform or the Service without being liable towards you for any damage. In the event that you do not wish to accept any modifications and/or changes, the sole remedy is to no longer use the Service and the Platform and to have your Profile deleted.
6.4 SnappCar does not guarantee that the Service will be accessible at all times and without any interruptions or breakdowns. Reasons that the Service may breakdown include, but are not limited to, breakdowns in the Internet or telephone connection or as a result of viruses or errors/defects. You accept that SnappCar is not liable towards you for any damage that ensues from or that is the result of the Service being temporarily or permanently unavailable or as a result of the Service temporarily or permanently breaking down in the course of use.
6.5 You accept that SnappCar is entitled to close down the Service temporarily or permanently and/or to restrict the use of the Service, without any prior notification being required and without being liable towards you as a result, in the event that SnappCar is of the opinion that it is necessary to do so, for example in the context of reasonably necessary maintenance of the Platform.
6.6 You accept that SnappCar is entitled to delete Vehicles (including your Vehicles) from the Platform without any prior notice and without being liable towards you as a result.
6.7 You accept full liability towards SnappCar and possibly third parties for any and all information that you make available using your Profile or that you exchange in any other manner in the context of a Rental Agreement, Insurance Agreement and/or Rental Request.
6.8 You accept that SnappCar does not give and cannot give any guarantee whatsoever in respect of Vehicles that are offered using the Platform and that it has not checked the information that is made available on the Platform, by means of Profiles or in any other manner, and that it does not accept any liability whatsoever for such information. In addition, you accept that you cannot hold SnappCar liable in any manner whatsoever, unless these General Terms and Conditions explicitly provide otherwise.
Article 7 Conclusion of the Rental Agreement
The Rental Fee will be set by the Owner, within the minimum and maximum amounts set by SnappCar and any supplementary instructions.
SnappCar is entitled to charge additional charges, such as the SnappCar Fee and the Insurance Fee, as well as additional charges based on a risk profile, for example in connection with the age of the User, year of manufacture or value of a Vehicle, or an additional charge on behalf of the Insurer, such as for cover abroad.
The Owner also will set the Mileage Fee. The ‘free kilometres’ (the number of kilometres for which no fee has to be paid) will be determined by the Owner, possibly within the context of the instructions given by SnappCar. It is not permitted to settle the Mileage Fee between themselves and/or to charge any other costs to the Renter or settle any other costs between themselves.
7.2 Renters are permitted to submit multiple Rental Requests, up to the maximum number indicated on the Platform.
7.3 The Owner in question will receive a message with respect to the Rental Request. An Owner can indicate on the Platform that he wishes to accept the Rental Request.
7.4 The Rental Agreement will be deemed to have been concluded at the time at which the Owner accepts the Renter’s Rental Request. SnappCar is not a party to the Rental Agreement. SnappCar acts only as an intermediary by offering the Platform and facilitating payment.
7.5 Renters are not permitted to hire more than one (1) Vehicle using the platform in the same period or in periods that overlap. After a Rental Agreement has been concluded and the Rental Fee has been paid, any other outstanding Rental Requests for the same and/or an overlapping period will be cancelled automatically.
Article 8 Obligations pursuant to the Rental Agreement
8.1 During the Rental Period the Renter is responsible for the Vehicle and for all the costs that are related to the status, location and safety of the Vehicle.
8.2 The Renter warrants that he will use the Vehicle in accordance with the Rules of Conduct as they have been made available on the Platform: Rules of Conduct.
8.3 The Renter is not permitted to allow any person other than the Renter himself to drive the Vehicle, unless (i) the second driver is registered with SnappCar as a ‘Verified User’; (ii) the second driver has been reported to SnappCar in advance; and (iii) the Renter has informed the Owner in that respect.
8.4 Before the Owner gives possession of the Vehicle to the Renter as a result of the Rental Agreement, the Owner and the Renter must fill in all the information on the SnappForm, correctly and completely, and to sign the SnappForm or confirm it electronically using the Platform. The SnappForm forms part of the Rental Agreement. The Renter and the Owner are fully responsible for correctly and completely filling in all information and for properly checking in and out via the Platform and/or the SnappCar application.
8.5 The Owner must prevent the Renter from taking possession of the Vehicle in the event that the Owner is of the opinion, on reasonable grounds, that the Renter:
is not in compliance with the terms and conditions for a Renter as stipulated in Article 4;
is unsuited to drive the Vehicle for any reason whatsoever;
cannot show a valid driving licence and passport/ID (in order to identify himself);
cannot show confirmation of the Rental Agreement with the correct booking number; or
refuses to fill in the correct and complete information via the SnappCar application or the SnappForm and/or refuses to check in.
In the cases listed above the Owner may terminate the Rental Agreement without any costs or penalties being due.
8.6 The Renter may not take possession of the Vehicle in the event that the Renter is of the opinion, on reasonable grounds, that the Owner:
and/or the Vehicle is not in compliance with the terms and conditions stipulated in Articles 4 and 5; and/or
fails to record any damage to the Vehicle in a correct and complete manner via the Platform, the SnappCar application and/or the SnappForm;
refuses to fill in any other information correctly and c ompletely via the SnappCar application and/or the SnappForm and/or refuses to check in.
In the cases listed above the Renter may terminate the Rental Agreement without any costs or penalties being due and the Renter will receive from the Owner a refund of the Rental Fee that has been paid.
8.7 The Renter is responsible for returning the Vehicle:
on the date and at the time and place as agreed in the Rental Agreement;
without any of the Renter’s personal possessions being left in the Vehicle;
including any and all keys and papers and/or other documentation and materials (including reserve materials) and accessories, including, but not limited to, the spare wheel, the carjack, and any and all other materials that were in the Vehicle at the time at which the Vehicle was made available to the Renter;
with the same fuel level as on receipt of the Vehicle, unless otherwise agreed and recorded by the parties in the SnappForm; and
in the same condition as the Vehicle was in when possession was taken of it, unless the parties agree otherwise in the Rental Agreement.
8.8 The Renter is fully responsible for any and all damage that the Owner, SnappCar and/or third parties sustain as a result of the Renter’s failure to comply with his obligations in whole or in part. Moreover, the Renter accepts the responsibilities as set out above, as well as the obligation to cooperate with handling a damages claim and accepts the penalty scheme and the penalties laid down in the Penalty Policy Fine Owner Fine Renter that SnappCar can impose and recover, as a supplement to the actual damage that the Owner or SnappCar has sustained.
8.9 After the Rental Period has ended the Renter and the Owner will be obliged to indicate on the SnappForm (either in hardcopy or, if possible, in softcopy using the Platform) whether the Vehicle has been damaged, in addition to the Vehicle’s odometer reading and the level of the fuel in the Vehicle. The Renter and the Owner are obliged to jointly sign and/or confirm the SnappForm. In the event that one of the two parties refuses to jointly sign and/or confirm the SnappForm, both parties will be obliged to complete their own hardcopy SnappForm and to support the information contained in the SnappForm with evidence (for example by means of photos).
8.10 The Renter and the Owner are fully responsible for correctly and completely following, filling in, checking and completing the SnappCar application and the SnappForm, including checking in and out properly and in a timely manner. The SnappForm forms part of the Rental Agreement and can be downloaded by the Renter and the Owner after confirmation.
8.11 SnappCar may mediate in the event that a conflict arises between the Renter and the Owner. However, SnappCar is not a party to the Rental Agreement and/or the Insurance Agreement. It therefore is the responsibility of the Renter and the Owner to find a solution to any conflict that arises.
Article 9 Term and termination of the Rental Agreement
9.1 The Rental Agreement will be entered into for the Rental Period and will end automatically when the Rental Period ends and after payment has been made in full. The Renter and the Owner may terminate the Rental Agreement prematurely only in accordance with the Penalty Policy Fine Owner Fine Renter .
9.2 The return of the Vehicle at an earlier time than the time agreed in the Rental Agreement will not result in the Rental Agreement being terminated and/or a full or partial refund of the Rental Price.
9.3 SnappCar must receive the Rental Fee, as well as the SnappCar Fee, Insurance Fee and any other applicable additional charges in full before the commencement of the intended Rental Period.
9.4 Until SnappCar has received full payment of the Rental Fee, as well as the SnappCar Fee, Insurance Fee and any other applicable additional charges, both parties will be entitled to terminate the Rental Agreement free of charge.
9.5 The parties may extend the Rental Agreement until the end of the intended Rental Period. With respect to an extension of the Rental Period, the same procedure must be followed as the procedure that was followed in order to conclude the initial Rental Agreement. In the event that the Owner fails to accept the request to extend the Rental Agreement, the original Rental Period will apply as laid down in the Rental Agreement. The Renter must return the Vehicle in a timely manner within the original Rental Period. These General Terms and Conditions will apply mutatis mutandis in respect of any (agreed to) extensions of the Rental Agreement.
9.6 The parties may withdraw the Rental Agreement within a period of 14 days following conclusion of the Rental Agreement as set out in clause 7.4 above. However, the Rental Agreement may not be withdrawn by either party after the start of the Rental Period. As of the start of the Rental Period, the Rental Agreement is expected to be fulfilled in full, with regard to the right of withdrawal.
Article 10 Damage, insurance and penalties
10.1 The Insurance Agreement will be concluded at the same time as the conclusion of the Rental Agreement. The Insurance Agreement will depend on the Rental Agreement, will have the same term as the Rental Agreement and will end by operation of law when the Rental Agreement ends. In the event that the prescribed procedure is not followed for the conclusion of the Rental Agreement or any extension of it, the Vehicle will not be insured.
10.2 The Insurance Agreement will be governed by the Insurer’s terms of insurance. You can find more information in this respect at insurance .
10.3 The Renter is fully liable for any Damage. In the event that damage is not discovered when the Vehicle is returned but is reported to the Renter and SnappCar in writing within 48 hours, the legal assumption that the damage occurred during the Rental Period will apply, for which the Renter will be liable.
10.4 In the event that Damage is covered by the Insurance Agreement, the Renter will be obliged to pay only the deductible, as provided for in the Insurance Agreement.
10.5 In the event that Damage is not covered by the Insurance Agreement, the Renter and the Owner will have to settle the Damage between themselves.
10.6 The Insurer is entitled to stipulate, as a condition for coverage, that the Renter and/or the Owner must submit a completely filled in and confirmed and/or signed SnappForm and that the Renter and/or the Owner must submit a fully filled in and signed European claim form. In the event that the Renter or the Owner fails to cooperate or fails to cooperate sufficiently in that respect, that party, himself, will be liable for any damage that ensues. Thus, that includes, but is not limited to, the damage that occurs and is not covered by the Insurance Company because Users have not cooperated or have not cooperated sufficiently.
10.7 In the event that it becomes apparent that a Owner is attempting to pass on to a Renter any damage that already had been caused to the Vehicle, the actual costs of the required loss assessment, claims handling and extra administrative acts, such as inclusion in the FISH system and a report of insurance fraud to the police, will be recovered from the Owner, plus an administrative penalty as stipulated in the Penalty Policy Fine Owner Fine Renter . That amount will be a minimum of EUR 1,000 for each incident. The Owner will also be excluded from insurance policies with the Insurer.
10.8 The Owner, himself, is responsible for any required notification to his current insurer of the fact that the Vehicle will be leased. The Owner, himself, is responsible for compliance with the terms and conditions of his current insurer and thus, for example, must estimate, himself, whether the number of kilometres per year in respect of his current insurance policy should be changed and to notify his current insurer in that respect.
Article 11 Payment
11.1 The Renter will pay the Rental Price as agreed in the Rental Agreement. The Rental Fee, as well as the SnappCar Fee, Insurance Fee and any other applicable additional charges must be paid in full before the commencement of the Rental Period. The Mileage Fee, as well as the SnappCar Fee and the Insurance Fee, must be paid in full, in accordance with Article 11.5, after the Renter and the Owner have confirmed the odometer readings.
11.2 Information regarding payment methods is provided on the Platform payment methods. All payments will be handled in cooperation with a third party. All payments will be made to that third party first, after which that third party will distribute the payments to the relevant Owners after the relevant Rental Agreement has ended, and to SnappCar and third parties such as the Insurance Company.
11.3 SnappCar’s information will be deemed to be correct in respect of the determination of the amount of any payment to the Renter or the Owner.
11.4 SnappCar does not accept any liability whatsoever in respect of mistakes made when entering into Rental Agreements, including, but not limited to, mistakes with respect to Profiles, Rental Periods, Rental Fees and/or Vehicles.
11.5 After the Rental Period has ended the Mileage Fee will be collected from the Renter immediately after the number of extra kilometres driven has been confirmed by the Renter and the Owner. The Mileage Fee will be paid to the Owner after it has been collected, together with the Rental Fee.
11.6 You accept that SnappCar may charge supplementary costs and may collect them after the Rental Period has ended, as a supplement to the Rental Price, including, but not limited to costs with respect to:
cleaning costs (in the event that the vehicle becomes dirty during the Rental Period);
the policy excess that may apply on the basis of the Insurance Agreement, which will be collected on behalf of the Insurer;
any penalties and procedural costs related to parking, traffic and/or other violations, including, but not limited to, any towing costs or costs related to a wheel clamp that are caused during the Rental Period;
a loss or damage as a result of a User’s failure to comply with these General Terms and Conditions, insofar as that is permitted by law;
a loss or damage as a result of the User’s failure to comply with the Rental Agreement, insofar as that is permitted by law;
VAT or other taxes that are levied on amounts referred to in this Article or the Rental Price;
any Advance payments paid by SnappCar to third parties, including for example other Users; and
any costs that result from reversing automatic debt collections in the bank account that is known to SnappCar and indicated by the User.
11.7 The Owner accepts that if and insofar as SnappCar is unable to collect the supplementary costs, SnappCar will not be obliged to pay those supplementary costs to the Owner, regardless of the underlying reason, as well as in the event that the costs are not covered by the Insurance Agreement.
11.8 The User authorises SnappCar to debit the following payments from the bank account number known to SnappCar or used by the User at the time at which they arise:
a penalty on the ground of SnappCar’s Penalty Policy;
a payment that is due with respect to the Service, including the Mileage Fee, the SnappCar Fee, the Insurance Fee and any applicable additional charges;
a payment that is due with respect to the deductible in connection with the Insurance Agreement;
a payment that is due with respect to a loss or damage as a result of a failure on the part of the User to comply with these General Terms and Conditions; and
Any Advance payments paid by SnappCar; and
11.9 SnappCar is entitled to demand a security deposit. When registering on the Platform the User grants permission, if required, to make available a security deposit, for example via Ideal or Credit Card. That security deposit may be used to collect additional costs due, as referred to above.
11.10 SnappCar is entitled to set off amounts due and/or to suspend its Service at any time.
Article 12 IP rights
12.1 All SnappCar IP vest exclusively in Carshare Ventures B.V. and/or its licensors.
12.2 Carshare Ventures B.V. hereby grants the Users a limited, personal, revocable right that cannot be sublicensed or transferred to use the SnappCar IP in the manner stipulated in these General Terms and Conditions.
12.3 Notifications or indications with respect to the SnappCar IP may not be modified in any manner whatsoever, including, but not limited to, removing them, rendering them illegible, hiding them or changing them.
12.4 Any direct or indirect infringement of the SnappCar IP is prohibited. You guarantee that you will not perform any acts that could directly or indirectly infringe or harm the SnappCar IP, including, but not limited to doing so by means of domain names, trademarks, brand names or advertisements (for example using GoogleAdwords).
12.5 Insofar as any IP rights are vested in any information that you include in your profile, you hereby grant SnappCar, at no cost, a worldwide, unencumbered licence that may be sublicensed and that is non-exclusive to use and disclose that information.
Article 13 Liability
13.1 SnappCar is liable solely for direct damage (as described below) that you sustain as a result of a culpable breach and/or wrongful act on the part of SnappCar, subject to a maximum amount of EUR 1,000. In no event will SnappCar’s total liability in respect of each incident, and in the event of successive incidents in respect of each calendar year, exceed the amount of EUR 1,000.
13.2 Direct damage is taken to mean only:
material damage to goods;
reasonable costs that are incurred in order to prevent or limit direct damage and that could have been expected as a result of the incident on which the liability is based; and
reasonable costs that are incurred in order to determine the cause of the damage, the liability, the direct damage and the manner of rectification.
13.3 Any liability on the part of SnappCar for anything other than direct damage, including consequential damage, is excluded. In this context consequential damage is taken to mean in any event: loss of profit, lost savings, a decrease in goodwill, damage as a result of a business interruption, losses, costs that are incurred in order to prevent or determine consequential damage, lost property, exchange of or damage to electronic data and/or losses due to delays.
13.4 SnappCar is in any event under no circumstances liable for damage as a result of:
information that SnappCar receives from third parties or information placed on websites of third parties, to which SnappCar refers;
information that Users place on the Platform or in Profiles;
damage to or loss of property, including a Vehicle;
death or injury, unless it is the result of an intentional act or omission or gross negligence on the part of SnappCar;
traffic or parking violations in connection with a Vehicle;
fuel costs in connection with a Vehicle;
another User’s failure to comply with these General Terms and Conditions; and
The termination of a Rental Agreement, discontinuation of the Service, removal of a Profile and/or closure of the Platform.
13.5 This limitation of SnappCar’s liability is not intended to exclude liability on the part of SnappCar for any intentional act or omission and/or wilful recklessness on the part of SnappCar itself (‘own acts’) and/or its supervisory subordinates.
13.6 You indemnify SnappCar against any and all damage and costs, including, but not limited to, damage as a result of an actual or alleged infringement of the SnappCar IP, claims brought by third parties, collection costs, statutory commercial interest, loss of profit, any penalties or fines that are owed, and costs of legal assistance that SnappCar sustains or incurs and that ensue from (i) a culpable breach as a result of a failure on your part to comply with the General Terms and Conditions; (ii) your use of the Service; or (iii) a wrongful or unlawful act, including, but not limited to, a violation or breach of the Rental Agreement.
Article 14 Termination of the Profile
14.1 You have the right to cease using the Service at any time and to terminate/delete your Profile. The termination of your Profile will not affect any Rental Agreements that already have been concluded before the time at which you Profile was terminated. All Rental Requests will be cancelled.
14.2 You accept that SnappCar has the right to block your use of the Service, to exclude you and/or to delete your profile, without being liable towards you, in the event that SnappCar finds that there is reason to do so, for example, but not limited to, in the event that you act contrary to any provision stipulated in these General Terms and Conditions.
14.3 In the event that after your Profile has been terminated you still are entitled to receive a payment and/or still have a balance at the time at which your Profile is terminated, SnappCar will ensure that those amounts are paid out to you.
14.4 Any and all amounts that you owe SnappCar will be due and payable immediately at the time at which your Profile is terminated.
Article 15 Miscellaneous provisions
15.1 These General Terms and Conditions and any and all disputes that arise from and/or are related to them are governed the mandatory and applicable laws and regulations of the country where the vehicle is registered and leased.
15.2 Any and all disputes that ensue from and/or are related to these General Terms and Conditions will be submitted to the competent court in Utrecht, unless another competent court is designated in accordance with mandatory provisions of law.
15.3 If you have a complaint, please submit your complaint to SnappCar first (31 (0)30-2087011 or support@snappCar.nl). If your complaint is not dealt with to your satisfaction, you, as a consumer, are entitled to file your complaint via the platform of the European Union (European Online Dispute Resolution Platform) http://ec.europa.eu/odr
15.4 In the event that any provision stipulated in these General Terms and Conditions turns out to be null and void or subject to nullification or is or becomes invalid in whole or in part for any other reason, the other provisions stipulated in the General Terms and Conditions will remain fully in force. SnappCar will replace the invalid provision with a provision that is valid and whose legal consequences, taking into consideration the content and the purport of these General Terms and Conditions, are as close as possible to those of the invalid provision.
15.5 SnappCar is entitled to transfer to third parties or to pledge any and all claims, powers, rights and obligations, and actions that are related to the General Terms and Conditions and will notify you in the event that it does so. You hereby declare nunc pro tunc that you will cooperate with such a transfer or pledge and that in the event of such a transfer that third party will be entitled to exercise any and all rights towards you.