General conditions

CarsubB.V. ("Carsub") is located at Hazenweg 2, unit 0.2 & 0.3, 7556 BM in Hengelo. Carsub is registered with the Chamber of Commerce under number 82210365. Carsub offers flexible car subscriptions through its website www.carsub.nl (the 'Website').

Freedom and flexibility in mobility are our focus, but with that comes some conditions. These are contained in these general terms and conditions (the 'Terms and Conditions'). These Conditions apply to all subscription requests, established subscriptions, the cars provided and their use. The Terms and Conditions can be viewed online and must be agreed to before a subscription request can be submitted.

‍

‍

1. Formation of a Subscription.

1.1On the Website you can submit a subscription request for a car of your choice. Carsub cannot be held to an offer on the Website if you should reasonably understand that there is an error or mistake in the offer. An acceptance of such an offer does not create an agreement.

‍

1.2Carsub is under no obligation to process a subscription application and may refuse an application at its sole discretion. Any amounts already paid by you in relation to a refused subscription application will be refunded to your bank account.

‍

1.3The cars are and will at all times remain the property of the car company that has offered such car through Carsub (the "Car Company"), and a car is only given into use to you under the conditions and against the (payment) obligations as reflected in these Terms and Conditions.

‍

1.4All information provided by you required for the formation of the Subscription (as defined in clause 1.5) must be provided completely and truthfully. Your data, creditworthiness and driving license will be checked. Carsub reserves the right to request additional information. If the outcome of the check is positive, your application will be submitted to the Car Company. The Car Company performs its own verification and may request additional information.

‍

1.5Once the Car Company accepts you as a customer, you will receive a payment request for the registration fee, the deposit, as well as the subscription fee for the first month. After full payment and a few days before the car is available to you, you will receive an order confirmation for digital signature. After signing this order confirmation, the subscription is definitively closed (the 'Subscription'). Your car will be made available to you after 14 days. Should you wish to receive the car sooner, you may do so, but you must then explicitly waive your right of withdrawal, as described in article 1.8.

‍

1.6The Subscription is concluded directly between the Car Company and you. Carsub itself is not a party to the Subscription concluded between you and the Car Company, but does take care of all communication, as well as monetary traffic, between you and the Car Company. The order confirmation is deemed to reflect the correct content of the Subscription. If you discover an error in the order confirmation, you must report it to Carsub within 5 days.

‍

1.7To take out a Subscription, you must be at least 24 years old and have a valid driving license issued in the European Economic Area (EEA), which you have held for at least two years.

‍

1.8For entering into a Subscription, the right of withdrawal applies only if you are a Consumer. This means that you have 14 days from the time of entering into the Subscription to terminate the Subscription free of charge by completing and sending the revocation form you received with the order confirmation. Any amounts already paid by you in relation to a terminated Subscription within the revocation period will be refunded to your bank account. If you wish to receive the car within the aforementioned 14 days, you must (i) expressly agree that Carsub is already executing the Subscription, and (ii) expressly waive your right of withdrawal after you take delivery of the car.

‍

1.9The make, model and version of the car are described in the order confirmation. The color of the car cannot be chosen. Without prejudice to clause 1.8 (which applies only if you are a Consumer), the color of the car does not give you the right to terminate the Subscription.

‍

‍

2 Term and termination of a Subscription

2.1After the formation of the Subscription, we will agree with you by e-mail an exact date on which the car will be received by you. You can also choose to have the car delivered by the janitor service. The additional costs can be found on the price list available on our Website (the 'Price List').

‍

2.2The effective date of a Subscription is the date on which the relevant car is delivered and received by you and the document confirming delivery of the car is signed by you and by or on behalf of the Car Company.

‍

2.3You enter into a Subscription for a period of one (1) month or for a fixed term of several months (the 'Duration'). A Subscription is automatically renewed for successive periods of one (1) month (each a "Renewal") each time after the Term ends. You and Carsub may terminate the Subscription upon at least one (1) month's notice towards the end of the Term or towards the end of a Renewal. Thus, Subscriptions do not automatically terminate at the end of the Term or a Renewal. As an illustration, if you or Carsub terminate the Subscription during the Term with at least one (1) month's notice, the Subscription will end after the Term. If you or Carsub terminate the Subscription during a Renewal, then, due to the notice period of one (1) month, the Subscription ends after the subsequent Renewal.

‍

2.4Termination can be done through the Website, by selecting the 'cancel subscription' option in your account on our Website.

‍

2.5In addition to legal termination options based on termination, dissolution or otherwise, Carsub is entitled to unilaterally terminate a Subscription on behalf of the Car Company with immediate effect in the interim, if:

‍

2.5.1 you fail and still fail to perform any of your obligations under these Terms, which explicitly includes payment obligations, after you have received a written notice of default with a deadline of at least fourteen (14) days;

‍

2.5.2 you, in case you are a Consumer, are placed under administration or guardianship or a petition under the Natural Persons Debt Rescheduling Act has been filed for you, or, in case you are a Business Customer, you have been declared bankrupt, filed for bankruptcy, applied for suspension of payments or suspension of payments is applied for in respect of you, offered a creditor's arrangement to your creditors or ceased your business;

‍

2.5.3 it appears that you provided Carsub with incorrect or incomplete information, or knowingly withheld information, when applying for the Subscription;

‍

2.5.4 the car is seized or the car is impounded;

‍

2.5.5 the car has serious damage or is declared "total loss.

‍

2.5.6 if you disable, tamper with or remove the car's GPS tracker.

‍

2.6Upon termination of the Subscription or suspicion of abuse, Carsub has the right to recover the car on the basis of revindication on behalf of the Car Company, wherever such car is located. All costs of such revindication, as well as the Subscription fee up to the day the car is in Carsub's possession, will be charged to you. The car will then be inspected, and the return form (see Article 5) will be completed, without your presence. Any costs based on the Price List, as a result of damage or overdue maintenance will then be charged to you. Carsub reserves the right to retain any property left by you in the car until you have paid all outstanding amounts.

‍

2.7If you terminate a Subscription during the Term, you owe Carsub a penalty in the amount of thirty (30) % of the Tariff for the remaining term of the Subscription. If Carsub is forced to terminate your Subscription based on one of the grounds in clause 2.5, you owe Carsub a penalty in the amount of thirty (30) % of the Tariff for the remaining Term of the Subscription, to be increased by the damage Carsub suffers as a result of the termination, to the extent higher. This penalty is separate from the settlement of incurred costs based on the Rate Schedule, due to damage or overdue maintenance.

‍

2.8After termination, you will receive a confirmation email from Carsub and it will be agreed on which date and location you must return the car. The car will be checked in your presence and a return form will be drawn up. For the further procedure, please refer to Article 5. If you do not return the car on the agreed date and location, the provisions of Article 2.6 apply.

‍

‍

3 Contents of a Subscription

3.1The Subscription and the Fee payable therefor (as defined in clause 4.1) includes (1) depreciation, (2) international roadside assistance, (3) road tax, (4) repair, (5) maintenance, and (6) insurance. Certain repairs/maintenance as shown in these Terms and Conditions are not included in the Tariff.

‍

3.2The Subscription and the Tariff payable for it do not include general consumption costs, such as (1) fuel and/or electricity costs, (2) washing and cleaning the car, (3) daily maintenance, such as replenishing fluids, (4) parking fees and tolls, (5) traffic fines, (6) navigation system updates, and (7) necessary accessories (think child seats).

‍

3.3Each Subscription contains a number of free kilometers per month to be chosen by you via the Website. Any excess mileage will be charged to you in the interim or at the end of your Subscription at the rate shown in the List of Rates. At Carsub's first request you must provide Carsub with the current mileage. If you do not, not completely, or incorrectly do so, you will be charged the one-time fee as shown in the Rate List. Carsub reserves the right to request the current odometer reading via the Car Company or via the party that serviced your car. Carsub further reserves the right to read the actual mileage from the GPS tracker. Any kilometers driven less than agreed upon in the Subscription will not be eligible for reimbursement, but may be taken into account upon renewal of the Subscription.

‍

‍

4 Cost and payment

4.1For the Subscription you will owe a rate per 30 days, depending on your chosen car, chosen Duration, chosen mileage and chosen excess, as shown on the Website and as indicated on the order confirmation (the 'Rate'). The Tariff will remain the same as long as you use the car, except that price changes in road tax, insurance, fees, taxes and other governmental price changes will be passed on to you.

‍

4.2All prices stated on the Website, order confirmation and Fee List are inclusive of VAT, unless explicitly stated otherwise.

‍

4.3When you enter into your Subscription, we apply a one-time registration fee as viewable during the initiation of your Subscription on the Website.

‍

4.4Upon entering into your Subscription, we charge a one-time deposit in the amount of the Rate, with a minimum of € 500. After termination of the Subscription and return of the car, Carsub will prepare a final invoice within 45 days. If applicable, the amounts still due under the Subscription (including incidents as mentioned on the Rate List, damages, costs for refueling or recharging, cleaning costs, outstanding fines and overdue maintenance) will be deducted from the deposit. If the costs exceed the deposit paid, you will receive an invoice from Carsub in the amount of the difference.

‍

4.5If you wish to exchange the car for another car in accordance with Article 5, Carsub will retain the deposit. If the newly chosen car has a higher Rate, the difference in deposit that still needs to be paid will be charged with the next invoice. If the newly chosen car has a lower Rate, the difference in deposit still to be received will be deducted from the next invoice.

‍

4.6Any additional charges to your Subscription due to certain circumstances as indicated on the Rate List will be charged to you monthly in arrears. Carsub reserves the right to change the Rate List.

‍

4.7The first payment due in respect of a Subscription consists of the one-time registration fee, the deposit and the first Tariff and must be paid upon entering into the Subscription.

‍

4.8The Rate for successive periods of the Subscription will be collected on a monthly basis, for the first time one month after the start date of your Subscription, based on the authorization issued by you.

‍

4.9If an invoice amount is not paid on time, you will be put in default. If payment is still not made, then (i) the claim will be transferred to our accounts receivable manager, and (ii) Carsub has the right to terminate the Subscription with immediate effect. If you are a Consumer, the accounts receivable manager will submit the claim to you, plus the collection costs and statutory interest due. If you are a Business Customer, the debt collector will submit the claim to you, plus collection costs and statutory commercial interest.

‍

‍

5 Conversion and redemption of the car

5.1After expiration of your Subscription, you may, subject to a period of one (1) month, exchange your car for another car by placing a request to do so through the Website. You may switch cars as often as you wish, but always after the end of your Subscription, subject to a period of at least one (1) month and not before you have received the new car. You will receive a new order confirmation and at the same time you will be asked to pay any additional amounts due because of a higher Rate.

‍

5.2Carsub has the right to replace your car with another car at any time during your Subscription. The replacement car will be the same make and model as the car with respect to which you entered into the Subscription and will be equal to (or better than) your previous car with respect to overall condition. We will notify you at least one (1) month in advance if we replace your car.

‍

5.3Changing your car can be done through:

‍

5.3.1 concierge service, see Fee Schedule for additional charges. Carsub will inform you of the date when your car will be replaced. Both the car to be returned and the new car will be inspected in your presence and a delivery form and return form will be prepared. The dealership also draws up a receipt report showing any damage. It also indicates whether the car has been returned clean and what the mileage is at the time of return to the dealership. Carsub will share this receipt report with you. The mileage and fuel or energy consumed by a janitor will be at your expense. You must ensure that the car is returned to the janitor with a full tank or full battery (at least 80% charged); or

‍

5.3.2 own initiative, no additional costs. Carsub will inform you of the date on which your car will be replaced, the location where you must return the car and the location where you can pick up the new car. Both the car to be returned and the new car will be inspected in your presence and a delivery form and a return form will be prepared.

‍

5.4When you return the car, you must ensure that all personal belongings have been removed from the car, the car has been cleaned and returned with a full tank or full battery (at least 80% charged), the car is returned as it was delivered to you, equipped with all supplied items (think of keys, registration certificate, manual, insurance papers), all possible insurance claims have been filed and any form of damage has been reported to us.

‍

5.5For the earlier or later return or collection of the car without arrangements being made, costs will be charged as indicated on the Fee Schedule. To the extent that the car is returned earlier, the provisions of article 2.7 apply. Insofar as the car is returned later, the Subscription is deemed to be renewed for a period of another one (1) month in accordance with clause 2.3 and the corresponding Tariff will be charged. In addition, Carsub reserves the right to claim additional damages.

‍

‍

6 Car use

6.1A maximum of two drivers can be registered per Subscription. Drivers must be at least 24 years old and hold a valid driving license issued in the EEA which they have held for at least two years and which they must carry with them at all times when using the car. It is not allowed to give the car in use to a person who is not registered as a driver.

‍

6.2You use the car carefully and treat it with decency, care and neatness. You must not make any changes to the car. You are expected to carefully read and observe all applicable instructions relating to the car. Carsub is not liable for any damage caused by failure to properly observe applicable instructions.

‍

6.3Each driver must fully follow applicable laws and regulations. If and insofar as the car is used abroad, the drivers must also follow the laws and regulations applicable there. More specifically, drivers shall at all times comply with the applicable traffic regulations, make themselves aware of and abide by the manufacturer's and Car Company's operating instructions and recommendations, and take all precautions to prevent damage and theft.

‍

6.4In the event of an accident, damage or theft, you will:

‍

6.4.1 immediately contact the police and seek advice as to what steps to take;

‍

6.4.2 gather all necessary information, evidence and documentation; and

‍

6.4.3 contact Carsub and the Car Company within 24 hours (information present in the car), complete the claim form and send it to Carsub and the Car Company.

‍

6.5The car will not be used:

‍

6.5.1 by any person other than the notified directors;

‍

6.5.2 on impassable terrain or on roads not suitable for cars;

‍

6.5.3 to race with;

‍

6.5.4 as a teaching car;

‍

6.5.5 for commercial purposes (such as passenger or goods transport or (sub)lease);

‍

6.5.6 by a driver who is under the influence of medication, alcohol or drugs or whose ability to do so is impaired due to illness;

‍

6.5.7 to smoke in;

‍

6.5.8 to store or transport highly flammable, toxic or other dangerous substances. In addition, the car will not be taken to countries outside the member states of the EEA, the car will not be modified or repaired without instructions to do so from Carsub or the Car Company, and the registration certificate may not be left in the car.

‍

6.6Carsub reserves the right to inspect the car (or have it inspected) at any time. In such a case you are obliged to cooperate with this inspection.

‍

6.7The car is equipped with a GPS tracker.

‍

‍

7 Maintenance

7.1You are obliged to take care of the maintenance of the car according to the maintenance schedule of the manufacturer and/or the Car Company. In addition, you must check (weekly) the oil-coolant and brake fluid levels and tire pressure and top them up if necessary.

‍

7.2The Car Company will arrange for scheduled maintenance and legally required inspections. You shall ensure that the car is available on time at the designated location. This also applies if the manufacturer conducts a recall or maintenance campaign. If you wish to have your car serviced yourself, you may only do so with the prior consent of the Car Company.

‍

7.3All cars offered on the Website come standard with summer tires or all-weather tires. Winter tires are optional, but are not included in the Subscription and Tariff. The cost of winter tires varies by make and model. Do you want winter tires? If so, please contact us.

‍

7.4We will check wear and tear at each scheduled maintenance at the garage and arrange for necessary servicing. The approved garage will reasonably assess the wear and tear of the parts. If you think maintenance is necessary, contact us.

‍

‍

8 Insurance and liability

8.1The car is at least WA Casco insured and has passenger insurance. These insurances are subject to the conditions of the insurer, which are provided with the Subscription and/or can be viewed on the Website.

‍

8.2The deductible is €1,500 per incident. You can choose to reduce the deductible. This is subject to the rates listed in the Schedule of Rates.

‍

8.3If damage occurs to the car, this should be reported to Carsub as soon as possible. In principle, the damage will be repaired through Carsub. In the following cases, you will in any case have to bear the costs yourself:

‍

8.3.1 the deductible referred to in Article 8.2;

‍

8.3.2 to the extent that such damage is not covered by any insurance taken out in respect of the car;

‍

8.3.3 if you have had repairs or maintenance done without the permission of Carsub and/or the Car Company;

‍

8.3.4 if you have failed to comply with any of the provisions of these Terms;

‍

8.3.5 repairs or maintenance on behalf of items that do not belong to the car as provided to you;

‍

8.3.6 if you refueled or charged incorrectly;

‍

8.3.7 if the damage was caused by the acts or omissions of you or a third party you gave access to the car;

‍

8.3.8 if you have not locked the car or left the keys in it;

‍

8.3.9 if you leave the car unattended after an accident.

‍

8.4If you cause damage to another person, which is not covered under any insurance belonging to the car, you will pay for the damage yourself.

‍

8.5It is not permitted to repair defects yourself or have them repaired. Defects in the car do not entitle the buyer to a full or partial refund of any amounts paid or compensation.

‍

8.6Carsub is not liable for acts or omissions of the Car Company.

‍

‍

9 Other provisions

9.1Carsub reserves the right to change these Terms and Conditions, whereby Carsub will notify you of the changes at least seven (7) days before the amended Terms and Conditions take effect. If the change materially affects your Subscription, you may terminate the Subscription as of the date the amended Terms take effect.

‍

9.2If the fulfillment of a commitment is not possible because Carsub is hindered by a situation of force majeure as referred to in Article 6:75 of the Dutch Civil Code, Carsub may suspend its obligations for an appropriate period of time. In the event that the force majeure situation lasts longer than one (1) month, both you and Carsub may terminate the Subscription, without any compensation being due.

‍

9.3The Website is made available free of charge. Carsub does not guarantee permanent or faultless availability of the Website. Data of a general nature that are displayed on the Website serve as a general representation and you cannot derive any rights from them.

‍

9.4All intellectual property rights relating to the Website and the materials visible on it are the property of Carsub or have been licensed to it. It is not permitted to publish, reproduce or edit (parts of) the Website other than for your own personal use.

‍

9.5Carsub and the Car Company process your personal data in fulfilling their obligations under a Subscription. This is done in accordance with the General Data Protection Regulation. More information on how we handle your personal data can be found in our privacy statement on the Website.

‍

9.6You cannot transfer your rights and obligations under these Conditions to third parties without Carsub's prior written consent. This article has effect as referred to in article 3:83 paragraph 2 of the Dutch Civil Code.

‍

9.7If it is held in court that any provision or part of any provision of these Terms is invalid or is nullified, this shall not in any way limit the validity or enforceability of the remaining provisions of these Terms and these Terms shall be applied as if the invalid or nullified provision had been replaced by a provision with a purpose and scope similar to that of the invalid or nullified provision, which is not itself invalid or voidable.

‍

9.8These Terms and Conditions, the Subscription and all other legal relations between Carsub and you are governed by Dutch law. If a dispute arises, we will try to resolve it by mutual agreement. Failing that, the dispute will be submitted to the competent court in the Netherlands in case you are a Consumer. In case you are a Business Customer, the dispute will be submitted to the court in Overijssel, location Almelo.