RENTAL CONDITIONS

RENTAL CONDITIONS OF THE TRAILER COMPANY BV

The rental agreement is exclusively subject to the rental conditions of The Trailer Company BV (referred to below as 'the lessor'), which are printed on the reverse side of the rental agreement and rental confirmation.
  1. Article 1: rental rate1
    1.1The rental agreement is entered into for the time and at the rate stated in the rental confirmation covered by these rental conditions.
    1.2 Unless explicitly otherwise agreed, payment is to be made in cash on collection or by advance payment on request of an invoice. A full or partial advance payment or reservation charge may be required.
  2. Article 2: delivery and return
    2.1 The hirer confirms receipt of the trailer with its accessories in good general condition and without any visible defects as stated in the rental agreement. The hirer undertakes to return the trailer with its accessories to the lessor on the date and at the place laid down in the rental agreement, in the same good condition, unless an extension of the rental period has been requested beforehand and the lessor has granted this extension and noted it in the rental agreement. The rental period thus extended remains subject to these rental conditions.
    2.2 When the trailer is picked up, a rental agreement will be completed in triplicate and signed by or on behalf of the hirer.
    2.3 If the trailer with accessories is not returned to the lessor within the rental period (possibly extended) stipulated in the rental agreement, the lessor will have the right to immediately repossess the trailer, and the rental will automatically continue under the same conditions. In that case the daily price for the extended period will be increased by a sum of € 45.00, without prejudice to the lessor's right to recover any losses suffered or costs incurred from the hirer, unless the reason for the rental period extension is a technical defect in the trailer for which the lessor is legally liable.
  3. Article 3: use of the trailer
    3.1 The hirer guarantees that he will use the rented trailer with due care and in accordance with the instructions for use, which can be viewed beforehand at www.airtrailer.nl or on the website (the instruction videos); if it is not possible to view or read this information online it will be supplied or explained by the lessor in accordance with the legal provisions. The hirer undertakes to use the trailer exclusively himself or have it used by people employed by the hirer under an employment contract. These persons must be in possession of a valid driving licence. 3.2 It is not permitted to sub-let the trailer without the lessor's consent.
    3.3 The hirer is not permitted to make any changes to the rented trailer and nor may he instruct others to make any changes without the written or verbal consent of the lessor. This also applies to any repairs made to the trailer during the rental period; the lessor's consent is required for this at all times.
    3.4 The hirer is personally responsible for providing sound straps to fasten his motorcycle or other property to the trailer unless these have been rented out with the trailer.
    3.5 Fines imposed on the trailer licence will be recovered from the hirer who had rented or was in possession of the trailer at the time of the fine.
  4. Article 4: maintenance/repairs at the hirer's expense
    4.1 Washing and cleaning of the trailer if necessary in the lessor's judgment.
    4.2 Repairs to and replacement of tyres, other than resulting from normal wear and tear. For each case of a flat tyre other than resulting from normal wear and tear, the price of a new tyre is € 75.00 (8’’) or € 110.00 (10’’) (including VAT). Repairs or the purchase of a new tyre elsewhere will be entirely for your own account.
    4.3 All work to be carried out as a result of an accident, collision, of theft, fire, etc.
    4.4 All work resulting from the incorrect or inexpert use of the trailer, including overloading and taking part in competitions.
  1. Article 5: reporting damage, accidents and/or theft
    5.1 Damage caused to or by the trailer or the theft of the trailer must be reported by the hirer to the lessor without delay during the rental period and under no circumstances later than 24 hours. The hirer is liable for all losses in the event of loss or theft during the rental period.
  2. Article 6: indemnification
    6.1 The lessor can only be held liable for losses caused during or on the occasion of performing the agreement if and to the extent that the loss is a result of intentional act or omission and/or gross negligence on the part of the lessor.
    6.2 The lessor is liable for and indemnifies the lessor where necessary for all losses not covered by the provisions of paragraph 6.1 above.
  3. Article 7: insurance
    7.1 The hirer will himself arrange proper third-party insurance for the vehicle that the hirer uses to tow the trailer. The hirer is further advised to take out insurance for damage to or loss of the trailer or a travel and credit note of the ANWB with a trailer supplement. The costs of having the trailer restored to its original condition in the event of a technical fault cannot under any circumstances be recovered from the lessor. The hirer remains fully liable for all losses caused by loss or theft during the rental period. The load is not insured by the lessor; the hirer is responsible for arranging this insurance.
  4. Article 8: dissolution of the agreement
    The lessor has the right to dissolve the rental agreement and all other current rental agreements between the parties or to declare them dissolved, without any further notice of default or legal intervention being required, and to repossess the trailer if it emerges during the course of the rental agreement that the hirer is not meeting his obligations under the rental agreement or meeting them on time or in full. The same will apply in the event of interim circumstances arising of which the lessor was not aware on commencement of the rental period, on the death of the hirer, in the event of the hirer being dissolved as a legal entity or general partnership, being placed in receivership, being granted or applying for suspension of payment, being declared bankrupt or applying for bankruptcy, in the event of the hirer moving abroad, in the event of the trailer being seized or subjected to an attachment by the public authorities. The hirer hereby authorises the lessor or a person appointed for this purpose by the lessor to establish where the trailer is located, or to repossess the trailer and its accessories. If the lessor repossess the trailer and its accessories, he reserves all rights to recover from the hirer all costs incurred or damages caused by the dissolution of the agreement.
  5. Article 9: general conditions
    9.1 The hirer undertakes to notify the lessor in writing of any changes to his name or address within 7 days of their occurrence.
    9.2 If the rental agreement is concluded with more than 1 person, all signatories will be jointly and severally liable to the lessor.
    9.3 The lessor reserves the right at all times to permanently replace the rented trailer with a trailer of the same type or sort. These conditions will remain in force in the event of the rented trailer being replaced..
    9.4 This agreement is governed by Dutch law. The court with competent jurisdiction by law will be authorised to adjudicate disputes concerning or arising from this agreement.
    9.5 If the person who has signed this rental agreement refers the bill for the amounts payable under this agreement by the hirer to the lessor to another person, company or organisation which subsequently fails to pay, the signatory will be required to pay the bill in full on the lessor's first request to that effect.