Terms & Conditions
These conditions apply to all offers, quotations, orders, agreements and all commitments in which GET DRIVEN BVBA is a party and this to the exclusion of all other conditions of whatever nature, but without prejudice to the provisions of mandatory law. These conditions, together with the information on the front of the quotation, order form, performance receipt, invoice or other document issued by GET DRIVEN BVBA, form an integral part of the agreement between the parties. Deviations from these terms and conditions or individual agreements can only be validly proven by a mutually signed written agreement. The general terms and conditions of the client can only be part of the agreement in full or in part insofar as they have been accepted in advance by GET DRIVEN BVBA in writing. and insofar as they are compatible with these conditions.
GET DRIVEN BVBA does not own your data and only uses your data to inform you about novelties about our operation or it requires these data to be able to service the client. The type of car is required to prepare the driver, your contact details are needed to contact you during an assignment and your address details are required to get a driver to come to you. By accepting the terms and conditions you agree to these privacy conditions.
GET DRIVEN BVBA undertakes to perform the assignment (i) against the present conditions (ii) against the prices it has specified per file (iii) according to the rules of art, but always as a means of providing services, in particular the hiring of a private driver. The general nature of an obligation of means is apparent, among other things, from the fact that the time within which the agreed activities will be performed has been determined in the expectation of normal circumstances, that the terms for the services are only approximate, and that GET DRIVEN BVBA generally making efforts to use good drivers who do their best to drive well with the car of the client.
The bids are drawn up on the basis of the instructions and data provided by the client and are binding on him. Neither the hours nor any reservation can be deviated except with written agreement of GET DRIVEN BVBA. If the assignment can not be carried out by the client due to action or negligence, including an untimely cancellation of the order, it undertakes to pay the full invoice amount as if the services had been delivered in full.
GET DRIVEN BVBA is completely free in the selection of the private drivers made available. The principal can not refuse a selected driver in principle. GET DRIVEN BVBA never pays for fines, court costs, immediate collections, parking fees tolls, car wash costs, fuel, breakdowns, taxes, maintenance costs, repair costs, insurance and fees of all kinds as well as all other costs directly or indirectly connected to the car and driving with the car and they all fall exclusively on the client. If necessary, these costs can always be recovered by GET DRIVEN BVBA from the client. GET DRIVEN BVBA only supplies the driver and the client pays for those services and therefore is responsible for all direct and indirect costs related to the car. For the travel costs of the driver to and from the agreed location, a kilometer compensation will be charged to the client. If the starting address differs from the final address, the hours spent and the travel costs incurred as a result will also be passed on to the client.
2. The agreement is concluded either after confirmation by GET DRIVEN BVBA of the trip by a driver to plan in our software. The execution of the agreement starts at the moment when a private driver goes to the address given by the client from which he must drive the vehicle. During the execution of the agreement, the leased driver has the right to take a break of 15 minutes every 4 hours.
The digital confirmation of GET DRIVEN BVBA is binding on the client, unless the client reports the incorrectness of the statement in the relevant confirmation within three days after receipt of confirmation by e-mail.
The client declares and confirms by right to be the owner of the controlled vehicle. Failing this, he will give the right identity of the owner before signing the agreement and his written permission to have the car driven by the hired driver. The client is responsible for (i) requesting a timely request
of an adjustment of the insurance policy of the car so that the hired driver is validly insured both in civil liability and in omnium (ii) the technical conformity of the vehicle with the applicable legislation (iii) all possible technical defects or defects with which the car is already involved not visible or hidden.
3. The prices quoted by GET DRIVEN BVBA are exclusive of VAT and possibly other duties or taxes to be levied by the government. All driving, waiting and traveling times are calculated when they have been spent directly or indirectly on behalf of the client, with rounding up with a quarter of an hour with a minimum use of the three-hour services. There is no difference between the charging of driving or waiting times. The hourly price covers all costs except VAT and is an all-in price unless costs on special request. The starting hour is the hour that the driver must be present at the starting address. The end hour is the hour that the driver is actually back at the final address. In normal assignments no other costs will be charged above unless expressly stated by GET DRIVEN BVBA before the commencement of the assignment as stated in article 1 or unless the client has special requests during the order. For the journeys longer than 9 hours, there will be 9th hour in the form of overtime a supplement of 20%. The duration of the overnight stay is always between 00.00 and 07.00 and all hours outside are always charged. The hours continue until the end of the journey and are continued from the continuation of the journey. The client is responsible for a proper sleeping place in his name and for his account, in particular a hotel or motel for the driver as well as the evening meal and breakfast. If it concerns two journeys in 1 day, these are considered to be 1 trip, unless there is at least 4 hours between journeys. The total travel time must be at least 3 hours. Each 8-hour cycle, an additional € 15 of meal allowance will be charged to the client for the driver.
A reservation can be made up to 1 hour before the start of the trip. Get Driven BVBA is not responsible if no driver is available on time. The client has the opportunity to undo an agreed trip free of charge, provided this is done in writing no later than 12 hours before the start of the journey. If the ride is canceled less than 3 hours before the planned trip, € 75 ex VAT will automatically be charged. If this is the case, € 30 ex VAT will be charged.
4. The invoices of GET DRIVEN BVBA are drawn up on the basis of the hours that the driver passes on to GET DRIVEN BVBA on the basis of the app. The client accepts the full legal proof of the performance of the driver. All invoices are payable within 10 days of the invoice date. The invoice is automatically delivered by mail to the email address that booked the trip. If payment is not made on the due date, any agreed payment discounts on that invoice and on all other invoices will lapse.
Without prejudice to the other rights of GET DRIVEN BVBA, any unpaid sum on expiry date shall be increased by law and without notice of default with the interest on arrears in accordance with Article 5 of the Act of 2 August 2002 on combating late payment in commercial transactions and with a lump sum and minimum compensation of 15% on the amounts due to be increased by all costs and fees due to non-payment and collection. In case of non payment or partial payment of an invoice on the due date, all amounts due by the client, for the sake of for whatever reason, immediately and legally due and GET DRIVEN BVBA reserves the right to suspend or cancel all current orders without prior notice of default. The costs incurred by GET DRIVEN BVBA, such as those of experts, lawyers, bailiffs, collection agencies to fulfill the obligations of the client to GET DRIVEN BVBA, shall at all times on top of the damage clause be borne by the client.
5. Without prejudice to the provisions elsewhere in these clauses, GET DRIVEN BVBA is entitled without any summons or notice of default and without judicial intervention being required to dissolve the agreement by way of explicit dissolution with compensation if the client is one of his does not fulfill contractual obligations in these conditions, is in a state of bankruptcy or if the client's equity capital of the last financial year is less than half of the share capital or if the client suffered losses during the last financial year. In addition, GET DRIVEN BVBA if the client does not, not properly or not in time fulfill any obligation arising from these conditions, without any obligation to pay damages and without prejudice to the further rights accruing to it, suspend the agreement in whole or in part or have it terminated or pending to break the latter. All outstanding
invoices and amounts to be invoiced will also become immediately due and payable without any discounts.
6. Complaints relating to the obligations of GET DRIVEN BVBA must be submitted to GET DRIVEN BVBA in writing, on pain of forfeiture within five banking days after the facts on which they are based. The client is obliged to take out a BA insurance (in accordance with the requirements set by the Motor Insurance Liability Act), a full comprehensive insurance including theft and an additional driver and passenger insurance to compensate all physical damage in respect of the vehicle. The client is obliged to keep these insurances for the entire duration of the agreement. GET DRIVEN can not be held liable for compensating the franchise in the event of damage as this is also covered by the customer's insurance. The client must ensure that the vehicle provided meets all applicable safety and technical requirements. If the client does not fulfill the aforementioned obligations, he can not invoke GET DRIVEN BVBA for the absence of insurance cover. If he does not have a comprehensive insurance policy then the client accepts all risks in his own damage and at the same time expressly renounces all claims against the client or against the driver. The client is liable for all damage that arises as a result of defects or non- conformity of the vehicle made available by it as well as for all damage resulting from orders given by it. The client undertakes to indemnify GET DRIVEN BVBA against all claims that are made by GET DRIVEN BVBA by third parties including the insurers of the client in respect of commitments that fall into these conditions at the expense of the principal, both in principal interest and in cost.
7. The client will always hire the drivers via GET DRIVEN BVBA and will refrain from contacting the drivers directly for assignments. Every time the client wants to hire a driver of GET DRIVEN BVBA directly without the intervention of GET DRIVEN BVBA, the client will automatically owe GET DRIVEN BVBA a fee equal to the amount corresponding to the availability of that driver for 250 years. hours per assignment. If the client does this more than three times in succession, the compensation rises to the equivalent of 1200 hours. This compensation always constitutes the compensation of a contractually assigned subjective right and is not compensation.
8. GET DRIVEN BVBA is only liable for all its obligations for damage caused in case of intent or gross negligence. GET DRIVEN BVBA is not liable for damage, losses and / or injuries caused by the driver to third parties or to the client himself or to any goods belonging to the client, including the car, and subject to what has been stated in this respect. of the omnium insurance, unless in case of intent or gross negligence of the driver. With regard to third parties, the driver is considered to be the client's appointed at all times. The client will always inform his insurer in time that the car is being driven by a hired driver and that the student driver is 23 years or younger and renounces any claim against GET DRIVEN BVBA in respect of all of this.
GET DRIVEN BVBA is in no way liable for:
- the non-arrival or late arrival of the destination as a result of, among other things, bad weather conditions, other circumstances in traffic causing a delay,
- the driver's absence or late arrival as a result of delays in public transport or traffic, or by any other unforeseen cause,
- damage or costs resulting from the loss of the bonus malus discount on the car insurance of the client or the story of the car insurer;
- damage to objects and / or injury to occupants, the passenger (s) present in the vehicle during the execution of the assignment;
- damage or costs as a result of a traffic accident and / or traffic violation.
Insofar as GET DRIVEN BVBA has any (legal) liability, this liability is always legally limited to the amount to which GET DRIVEN BVBA is insured under the business liability insurance it has taken out. The client waives any collection of a higher amount of damage.
9. In the event of force majeure or improper temporary or permanent nature, GET DRIVEN BVBVA may suspend performance of the agreement in whole or in part until the cause of the force majeure has ceased entirely or in part, or the agreement in whole or in part without judicial intervention ad nutum to terminate everything without the client having any right to compensation against GET DRIVEN BVBA. The client is obliged, where appropriate, to pay the part of the
agreement that has already been executed, in proportion and in proportion to the price of the whole.
10.The eventual nullity of one or more clauses, or parts thereof, does not result in the nullity of the remaining provisions and, if necessary, the parties undertake to seek the same economic equilibrium as if this nullity had not existed. In case of dispute only the courts of Dendermonde competent, Dutch is the only procedural language and only Belgian law applies.Also in the case of activities outside Belgium as well as the resulting legal relationships of the parties, the Courts of Kortrijk are competent and Belgian law is applicable.