SNAPPCAR GENERAL TERMS AND CONDITIONS (T&C)
These General Terms and Conditions govern the use of SnappCar’s Service, offered via our Platform (via web or app) and apply to persons who lease a Vehicle and persons who hire a Vehicle. The Service(s) provided by SnappCar are provided to both owners and renters.
Please read these General Terms and Conditions carefully so that you know what rights and obligations you have.
On page 17 you will find the additional terms and conditions that apply to SnappCar Keyless and all Users who rent or lease a SnappCar Keyless Vehicle.
Please be informed, that if you are using the Platform, Application or SnappCar Services you are contracting with Flexidrive Sverige AB when you hire a Vehicle that is registered and leased in Sweden. you are contracting with CarShare Germany GmbH when you hire a Vehicle that is registered and leased in Germany. In that case, other terms and conditions apply - you will find them here [hyperlink]. In all other cases you are contracting with CarShare Ventures B.V. and the General Terms and Conditions below apply.
Hereinafter CarShare Ventures B.V. and Flexidrive Sverige AB and all other affiliated companies
shall be referred to as “SnappCar”, “we”, “us” or “our”.
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.
Booking Period: the period as agreed in the Rental Agreement.
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).
Deductible: the amount as stipulated in the Insurance Agreement, which must be paid by the Renter in the event of Damage.
General Terms and these General Terms and Conditions of SnappCar. Conditions:
Insurance Agreement: the agreement, consisting of the insurance conditions and policy, between the Owner (as the policyholder), as well as the agreement between the Renter (as the insured party) and the Insurer, in
connection with the use of the Vehicle that is rented using the Platform. More information about this can be found at www.SnappCar.nl/verzekering.
Insurance Fee: the premium SnappCar charges Users on behalf of the Insurer.
Insurer: the insurance company that offers the Insurance Agreement.
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.
Owner: the User who acts as the leasing party in the context of a Rental
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.se, www.snappcar.com, 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 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.
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 Price: the sum of the Rental Fee, the Mileage Fee, the Insurance Fee, the
SnappCar Fee and any applicable additional charges.
Rental Request: an offer made by the Renter to conclude a Rental Agreement, as it can be sent to the Owner via the Platform and according to the process established by SnappCar.
Renter: the User who acts as the hiring party in the context of a Rental
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 Flexidrive Sverige AB.
SnappCar Fee: the intermediation fee that SnappCar charges Users.
SnappForm: the form that the Renter and the Owner jointly fill in and confirm (electronically) prior to the start of the Rental Period and after the Rental Period has ended. After completion, the form can be downloaded by the Renter and the Owner. In the event of a hard copy version of the form, ‘signing’ is considered to be equivalent to
SnappCar IP: any and all IP rights with respect to the Service, the Platform and the
User: a natural person who has made a Profile on the Platform in order to make use of the Service.
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.
Verified User: an User who SnappCar has verified, in which context the verification has been carried out using – and/or based on a combination of checks of various data provided by the User.
Article 2 Applicability
2.1 These General Terms and Conditions govern the Service.
2.2 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 deactivate your Profile and/or delete it (or have it deleted).
2.3 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.
2.4 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.
3.4 You are not permitted to register as a User more than one (1) time and/or to set up or create more than one (1) Profile at any time on the Platform.
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 reserves the right to refuse your registration as a User on the Platform if the security checks applied by SnappCar cannot be successfully completed and/or if the requirements for the Service set by SnappCar cannot be met. These checks and requirements may include or be related to:
i. Verification of identity ("Are you who you say you are?");
ii. Verification of Driving Licence ("Can and are you allowed to drive?")
iii. Payment & Creditworthiness ("Can and will you meet your payment obligations?")
iv. Risk assessment ("What is the risk of fraud, abuse, damage or other problems?")
v. SnappCar history ("Have you always been a good SnappCar user? Hasn't there been any previous blocking, removal, non-payment, collection or unwanted behaviour on the Platform?");
3.7 SnappCar is entitled to delete a Profile at any time, such as, including, but not limited to, in the event that a User does not (or no longer) comply with the checks or requirements set out in Article 3.6, in the event of complaints about the User that SnappCar receives from other Users, non-payment, improper use of the Platform, failure to comply with the Rental Agreement or General Terms and Conditions and/or if it may assume that the security of the Platform is at stake. SnappCar is not obliged to communicate the exact ground(s) for the blocking and/or removal.
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:
a) If you wish to hire a Vehicle, you must be at least 21 years old and in possession of a
valid driving licence (for the category of Vehicle that you wish to hire) for at least 12 months.
b) 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.
c) 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.
d) In the eight years that preceded the conclusion of the Rental Agreement as a Renter:
a. 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 behaviour, or otherwise, and for those reasons no additional 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
b. 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.
e) 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.
f) You have filled in your Profile completely truthfully and have uploaded a recent photo of yourself in your Profile as your profile photo (which must bear a clear resemblance), in accordance with the requirements stipulated in that respect.
g) You have agreed to and have accepted (for as far as necessary) these General Terms
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 insurance- and claims history 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 verifying identity (data), the condition of the vehicle and / or other transaction data.
Article 5 Requirements in respect of the Owner and the Vehicle
5.1 The following terms and conditions apply, in addition to the terms and conditions stipulated in Articles 3 and 4, for a registration as an Owner:
a) All Vehicles that are offered for hire must be registered in your Profile.
b) You guarantee that all the Vehicles that you offer meet the following requirements:
i. all the safety requirements that apply in the country in which the Vehicle is leased;
ii. the Vehicle is free of any defects, unless explicitly agreed otherwise in the Rental Agreement with the Renter and recorded in the SnappForm;
iii. the Vehicle must at least be insured for statutory third-party liability;
iv. all taxes, including road tax, in respect of the Vehicle have been paid in a timely manner;
v. the Vehicle has a valid registration number, which is registered in the country in
which the Vehicle is leased;
vi. 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).
i. In case of a lease car, the Owner is responsible for obtaining any necessary permission from the leasing company, which if requested, you must also be able to demonstrate / submit if requested to do so;
ii. If a Vehicle offered is registered in the name of a legal entity, the
Owner is responsible for obtaining any necessary permission from that legal entity, which you must also be able to demonstrate/confirm if requested to do so;
vii. the Vehicle has had all the customary maintenance as advised by the manufacturer of the Vehicle; and
viii. 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 The Owner must ensure at all times that his Profile and the pictures of his Vehicle are up to date. A clear and complete set of photographs of the Vehicle must be available and this set must be updated regularly (at least once a month) to determine and log the current condition of the Vehicle (and any existing damage and/or scratches and dents). SnappCar recommends that the vehicle's registration number be shielded or made invisible in the pictures.
5.3 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,
5.4 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.
5.5 It is not permitted to add to the Profile and/or to lease more than three (3) Vehicles using the Platform, unless prior express permission has been given. Commercial leasing of Vehicles is not permitted.
5.6 It is not permitted to offer the same Vehicle through several or different Profiles.
5.7 It 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), who are temporarily or permanently a member of the same household and/or residing at the same address.
5.8 For the performance of the Service, SnappCar and the Insurer are entitled to verify the specifications (such as, for example, value and age), insurance history, criminal records and damage history of Vehicles, by consulting third parties’ databases.
5.9 SnappCar is entitled to refuse and/or to delete the registration of a Vehicle, without being
required to state the reasons for doing so.
5.10 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 Prices 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.
5.11 You, yourself, are also 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 (such as, for example, repair costs or activated Road Side Assistance).
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 reserves the right (whether or not) to offer certain functionalities, services and features of the Service to (part of) its Users based on objective criteria. SnappCar 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 at service providers or as a result of viruses or other 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 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.
6.7 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.
6.8 At all times, SnappCar has the right to remove reviews about Renters or Owners posted on the Platform if the relevant reviews are unsubstantiated, incorrect or incompatible with standards and values.
Article 7 Conclusion of the Rental Agreement
7.1 a) The Rental Fee will be set by the Owner, within the minimum and maximum amounts set by SnappCar and any further instructions.
b) SnappCar is entitled to charge additional charges, such as the SnappCar Fee and the
Insurance Fee, as well as additional charges based on an established 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 (for example a surcharge for coverage abroad if applicable) or a surcharge based on choices made by the User (for example in connection with Roadside Assistance).
c) 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, if applicable, 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 concerned will receive a message with respect to the Rental Request. An
Owner should indicate on the Platform if 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 via the Platform. 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 with due diligence and responsibly, and in accordance with the Rules of Conduct as they have been made available on the Platform.
8.3 The Renter is not permitted to allow any person other than the Renter himself, to pick up, to drive or to return 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 information on the SnappForm, correctly and completely, and confirm it, using the Platform (check in). 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 checking out using 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:
a) is not in compliance with the terms and conditions for a Renter as stipulated in Article
b) is unsuited to drive the Vehicle for any reason whatsoever;
c) cannot identify him-or herself, for example by showing a valid driving licence or passport/ID (in order to identify himself);
d) cannot show confirmation of the Rental Agreement with the correct booking number;
e) refuses to fill in the correct and complete information via the SnappCar application and/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:
a) and/or the Vehicle is not in compliance with the terms and conditions stipulated in
Articles 4 and 5;
b) fails to lay down any damage to the Vehicle in a correct and complete manner via the
Platform, the SnappCar application and/or the SnappForm;
c) refuses to fill in any other information correctly and completely 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:
a) on the date and at the time and place as agreed in the Rental Agreement. If the place of return has not (exactly) been agreed in the Rental Agreement, the Renter must return the Vehicle to a permitted parking space, which is explicitly approved by the Owner;
b) without any of the Renter’s personal possessions being left in the Vehicle;
c) 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;
d) With the fuel meter at the same setting as it was when the possession was taken of the Vehicle, unless otherwise agreed (and laid down by the parties in the SnappForm or in another way, as designated by SnappCar);
e) In the same condition as the Vehicle was in when possession was taken of it, unless otherwise agreed and recorded in the SnappForm.
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 that SnappCar can impose and recover, in addition to the actual damage that the Owner or SnappCar have sustained.
8.9 After the Rental Period has ended the Renter and the Owner will be obliged to indicate on
the SnappForm using the Platform whether the Vehicle has been damaged, as well as the Vehicle’s odometer/ the Vehicles mileage and the level of the fuel in the Vehicle. The Renter and the Owner are obliged to jointly sign / confirm the SnappForm (and to check out). In the event that one of the two parties refuses to jointly confirm the SnappForm and to check out, both parties will be obliged to notify SnappCar immediately by e-mail, with an explanation and to substantiate this with evidence (for example by means of photos).
8.10 In accordance with Article 5.2 of these Terms and Conditions, the Owner must ensure that its Profile and the pictures of its Vehicle are up-to-date. In addition, the Owner must inspect the Vehicle after each transaction and determine if the condition of the Vehicle is still correct and up-to-date. If there are any changes (for example damages), the Owner must add new up-to-date Pictures to its Profile.
8.11 The Insurer's terms and conditions shall apply in respect of the period within which Damage, which has occurred during the Rental Period, must be reported, as well as whether pictures must be submitted. The Insurer also determines whether there is cover for the Damage.
8.12 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.
8.13 In the event of any inaccuracies in the SnappForm, the User must report to SnappCar
Support as soon as possible, but no later than 48 hours after the end of the Rental Period.
8.14 SnappCar is not a party to the Rental Agreement and/or the Insurance Agreement. It is therefore the responsibility of the Renter and the Owner to find a solution to any conflict that arises, themselves.
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.
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 The parties may extend the Rental Agreement until the end of the intended Booking Period.
With respect to an extension of the Booking 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 Booking Period will apply as laid down in the Rental Agreement. The Renter must return the Vehicle in a timely manner within the original Booking Period. These General Terms and Conditions will also 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 and the Rental Period. The Insurance Agreement will be governed by the Insurer’s terms of insurance. 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 Renter is fully liable for any Damage. Damages must be reported to the Insurer within a certain period after the end of the Rental Period. The period is determined by the Insurer and is laid down in the Insurance Agreement.
10.3 In the event that Damage is covered by the Insurance Agreement, the Renter will be obliged to pay only the Deductible.
10.4 In the event of Damage, the Renter must remain in the close vicinity of the Vehicle until Roadside Assistance arrives or until it has been explicitly agreed with the Letter that the Vehicle can be left behind.
10.5 The amount of the Deductible may vary depending on factors such as age and value of the Vehicle. As an extra service, SnappCar can offer the Renter the possibility to buy off or reduce the deductible for a fixed amount per rental day.
10.6 If the Renter has bought off the Deductible and Damage occurs, SnappCar is entitled to collect a prepayment on the Deductible from the Renter.
10.7 The Insurer determines the Insurance terms and conditions and whether cover exists under the Insurance Agreement. SnappCar is not a party to the Insurance Agreement. If Damage is not covered by the Insurance Agreement and/or a conflict arises about it, then the Users must (and/or with the Insurer) settle the Damage, between themselves.
10.8 The Insurer can and 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 and 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 Insurer because Users have not cooperated or have not cooperated sufficiently.
10.9 In the event that it becomes apparent that an 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 reporting and control systems used by the Insurer and reporting insurance fraud to the police), will be recovered from the Owner, plus an administrative penalty as stipulated in the Penalty Policy. That amount will be a minimum of EUR 1,000 for each incident. The Owner will also be excluded from the SnappCar Platform. It may also have consequences and (possibly) lead to exclusion at the Insurer.
10.10 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.
10.11 SnappCar determines the Penalty Policy and is entitled to impose fines on Users. The most recent version of the Penalty Policy can be found here. SnappCar is not obliged to impose fines (and/or to pay collected fines to Owners)
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 have been paid in full prior to the commencement of the Rental Period. The Mileage Fee, as well as the SnappCar Fee and the Insurance Fee in relation to the Mileage Fee, must have been paid in full, in accordance with Article 11.8, after the Renter and the Owner have confirmed the mileage.
11.2 Information regarding payment methods is provided on the Platform. All payments in relation to the Service will be handled in cooperation with a third party (Stripe, see Art.
11.3). 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 Payment processing services for Users on the SnappCar-Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these General Terms & Conditions or continuing to operate as a User on the Platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of SnappCar enabling payment processing services through Stripe, you agree to provide SnappCar accurate and complete information about you and your business, and you authorize SnappCar to share it and transaction information related to your use of the payment processing services provided by Stripe.
11.4 If you do not accept the Stripe Services Agreement (and/or do not meet the conditions
imposed by Stripe), SnappCar cannot make any payments. SnappCar is not obliged to
make payment in a different way or manner.
11.5 If the Renter fails to pay SnappCar the Renter Price and/or additional costs as referred to in Article 11.9 in time, SnappCar may assign its claim against the Renter to a third party. This third party will use Mollie Payments to process transactions. In this context, personal data of the Renter can be shared with Mollie Payments.
11.6 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.
11.7 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, Vehicles and the Mileage or Mileage Fees.
11.8 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 then be paid to the Owner after it has been collected, together with the Rental Fee.
11.9 You accept that SnappCar may charge additional 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:
a) any penalties on the ground of the Penalty Policy;
b) fuel costs (if the vehicle has been returned with a lower fuel level than agreed);
c) cleaning costs (in the event that the vehicle becomes dirty during the Rental Period);
d) charges for Roadside Assistance (not covered by the chosen Roadside Assistance service);
e) the Deductible that may apply on the basis of the Insurance Agreement, which is
collected by SnappCar on behalf of the Insurer;
f) 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 and/or by the Renter;
g) 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;
h) 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;
i) VAT or other taxes that are levied on amounts referred to in this Article or the Rental
j) any Advance payments paid by SnappCar to third parties, including for example other
k) any costs that result from reversing automatic debt collections in the bank account that is known to SnappCar and indicated by the User.
11.10 The Owner accepts that if and insofar as SnappCar is unable to collect the additional costs
as referred to in Art. 11.9 of these General Terms & Conditions, SnappCar will not be obliged to pay those additional costs to the Owner, regardless of the underlying reason, including in the event that the costs are not covered by the Insurance Agreement.
11.11 Owners are responsible for compliance with any local tax and other regulations (including any obligation to pay tax, such as income and sales tax) that may apply to the rental or
lease of your Vehicle. SnappCar does not pay any VAT on the Rental Fee (received by Owners), nor on the insurance premium paid by Users to the Insurer. SnappCar only pays VAT in relation to the SnappCar Fee that benefits her (not being the Rental Fee).
11.12 The User authorises SnappCar to debit the following payments from the bank account number known to SnappCar or used by the User (or Credit Card) at the time at which they arise:
a) a penalty on the ground of SnappCar’s Penalty Policy;
b) 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;
c) a payment that is due with respect to the Deductible;
d) 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
e) any Advance payments paid by SnappCar;
f) A pre-payment as referred to in Article 10.6 of these General Terms and Conditions.
11.13 SnappCar is entitled to demand a deposit. When registering on the Platform the Renter grants permission, for as far as necessary, to make available a deposit. SnappCar can use the deposit to collect outstanding debts (for example in respect of the Rental Price) or additional costs (as described in Article 11.9), if the Renter does not pay these of its own accord. The Renter pays the deposit during or prior to the first booking, after which the deposit remains available for all subsequent bookings.
11.14 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 Google AdWords).
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:
a) material damage to goods;
b) 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
c) 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 revenue, 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:
a) information that SnappCar receives from third parties or information placed on websites of third parties, to which SnappCar refers;
b) information that Users place on the Platform or in Profiles;
c) damage to or loss of property, including a Vehicle;
d) death or injury, unless it is the result of an intentional act or omission or gross negligence on the part of SnappCar;
e) traffic or parking violations in connection with a Vehicle;
f) fuel costs in connection with a Vehicle;
g) another User’s failure to comply with these General Terms and Conditions; and
h) The termination of a Rental Agreement, discontinuation of the Service, removal of a
Profile and/or closure of the Platform;
i) the Insurer's assessment of whether or not Damage(s) are eligible for reimbursement
(and the amount of any related benefit/reimbursement).
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, via the following webform. 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.
SNAPPCAR KEYLESS - CONDITIONS
The Keyless Conditions form part of the SnappCar Terms and Conditions and apply only to
SnappCar Keyless and all Users who rent or lease a SnappCar Keyless Vehicle.
Article 16 Additional definitions
SnappCar Keyless: Service provided by SnappCar whereby the Owner and the Renter enter into a rental transaction without the Owner being present in person.
SnappCar Keyless Technology: Technology with which the Vehicle can be locked and opened via the SnappCar Keyless App or SnappCar Platform, and with which the location of the Vehicle is registered.
Keyless Owner Agreement: Agreement between SnappCar and the Owner for the use of
Article 17 Keyless Owner Agreement
In order to rent out a Vehicle using SnappCar Keyless, SnappCar Keyless technology must be built into the Vehicle and the Owner must enter into a Keyless Owner Agreement, to which these Terms and Conditions also apply.
Article 18 Check-in and Check-out, damage, insurance
18.1 Users who rent of lease via SnappCar Keyless agree that the Vehicle can be remotely unlocked using SnappCar Keyless technology (without the intervention of the User).
18.2 The moment that the Users confirm the key transfer via the Platform at the start of the Rental Period will be deemed to be the moment that the Renter unlocks and accesses the Vehicle by means of the SnappCar Keyless technology.
18.3 The moment the Users confirm the key transfer via the Platform at the end of the Rental Period will be deemed to be the moment the Renter locks the Vehicle using the SnappCar Keyless Technology.
18.4 Users agree that the Renter and Owner do not inspect the Vehicle together prior to and after the end of the Rental Period. Therefore, the Renter must inspect the Vehicle with extra care in advance and it is strongly recommended to take pictures of existing damage(s) and add these pictures via the SnappCar Platform.
18.5 At the end of the Rental Period, any Damage must be reported in accordance with the procedures described in these General Terms and Conditions. The Renter must take pictures of the Vehicle at check-out (regardless of whether or not Damage has occurred). These photos can be added via the SnappCar Platform. The Renter must be able to provide the photographs to SnappCar on request.
18.6 The User(s) agree that no physical identity check of the Renter is possible (as described in
Article 8.5 c of these General Terms and Conditions).
18.7 Contrary to Article 8.9, the Owner cannot make any changes in the check-out procedure and the information will be automatically approved. In the event of any inaccuracies in the SnappForm, the Owner can report to SnappCar support. This must be done as soon as possible, but in any case within 48 hours after the end of the Rental Period.
With reference to Article 6.4, SnappCar cannot guarantee that the SnappCar Keyless technology will always function without faults and/or errors. You accept that SnappCar is not liable to you for any damage resulting from or resulting from (temporary) unavailability, (temporary) malfunctions or (interim) failure of the SnappCar Keyless technology.
Article 20 Privacy and User Data
20.1 To enable SnappCar Keyless rentals, SnappCar collects the vehicle's geo-location data.
This information is requested and processed by SnappCar so that the Hirer can offer the
Vehicle for hire via SnappCar Keyless and the Hirer can see the location of the Vehicle.