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GENERAL TERMS AND CONDITIONS PRIVATE SHORT LEASE

GENERAL TERMS AND CONDITIONS PRIVATE SHORTLEASE (version 2023-12) Article 1. Definitions Lessee / you / your: You as a contracting party of Lease 2.0. You are a natural person. Lessor / Lease 2.0 / we / us: Lease 2.0 BV, we focus on leasing vehicles to companies established in the Netherlands and residential consumers. We use different trade names;  Shortleaseland, Shortleasemarkt, Dealerleasing and Commercial vehicle leasing.  

General Terms and Conditions: the General Terms and Conditions described in this document, which apply to the lease contract concluded between you and Lease 2.0. By signing the lease contract, you agree to our General Terms and Conditions. The (general) terms and conditions of your company do not apply to the lease contract that we conclude between ourselves. Vehicle: The vehicle described in your lease contract that you lease from us, including options, accessories and attachments. Lease contract: The agreement that we have concluded with you for the purpose of leasing the vehicle. In the event of conflicting provisions in the lease contract and these General Terms and Conditions, the agreements made in the lease contract shall prevail. Driver: The regular driver of the vehicle as specified in your lease contract. 

Authorised driver: A driver of the vehicle approved by us, whereby we are authorised to refuse a driver to drive certain vehicles according to internal policy. Indicated on the lease contract as an additional driver.

Article 2. Establishment and delivery 2.1. Establishment of the lease contract 

  1. a. By signing the lease contract, you agree to the agreements in the lease contract, General Terms and Conditions and intake protocol. 
  2. b. Our offers, price quotations and other offers are always subject to acceptance. After final acceptance by Lease 2.0, your and our obligations commence. 
  3. c. Do you want to cancel the lease contract after signing? In that case, you will owe cancellation costs. The amount of the cancellation costs depends on the costs incurred by us and the loss of income and amounts to at least €350.00.

2.2. Appointment for vehicle delivery 

  1. a. Once we have received all the necessary documents and information, we will make an appointment for the delivery of the vehicle.
  2. b. The deposit and first lease term must be credited to our account no later than the agreed date. Have you not met this condition? Then we will move the delivery date. If we are forced to move the delivery date, we may replace the vehicle as described in your lease contract with an equivalent vehicle.
  3. c. The actual delivery date may differ from your desired delivery date without any consequences for us.
  4. d. The vehicle must always be delivered to you within thirty days of signing the agreement unless otherwise agreed in writing.

2.3. Commissioning of vehicle 

  1. a. Upon receipt of the vehicle, a commissioning form is signed. This includes the condition of the vehicle, the mileage, the items supplied and the delivery time. You, the regular driver, or another person authorized by you, can sign for receipt. We ask for a valid ID from the person signing.
  2. b. You can pick up the vehicle at our location. You can also use our home delivery service for a fee. 

2.4. Start of lease period 

  1. a. The lease period (term) commences at the time the vehicle is delivered. 
  2. b. Are you picking up the vehicle later than agreed? Or have we been forced to postpone delivery because the deposit and/or first lease term was not credited to our account on time? Then the lease period will commence on the first agreed delivery date. 

2.5. Temporary vehicle 

  1. a. If you wish, we can provide a temporary vehicle until your permanent vehicle is delivered. 
  2. b. The rate and any additional conditions will be determined in consultation with you.

Article 3. Lease rate and lease components 

3.1. Lease rate 

You pay Lease 2.0 a fixed lease rate per day/month, agreed in your lease contract. The lease rate depends on, among other things, the selected vehicle, the term, the annual mileage and the agreed lease components. The lease rate can be adjusted in the following cases: 

  1. a. Addition of additional lease components

If we add additional services to the lease contract at your request.

  1. b. Cost changes resulting from government measures

Cost-increasing measures for the ownership/use/leasing of the vehicle, or a lowering effect on the residual value of the vehicle. For example, we have the right to pass on changes in VAT, BPM, insurance tax, motor vehicle tax or the introduction of, for example, kilometer tax to you, as of the effective date.

  1. c. The costs of insurance and/or coverage against comprehensive damage are increasing

For example, the increase in insurance premiums by our insurer, or if your comprehensive claims history gives reason to do so in our opinion.

  1. d. Indexing  repair, maintenance and tires as well as replacement transportation 

If the costs for repairs, maintenance, tires and replacement transport have increased by more than 5% since the start of the lease period (in accordance with the CBP price index, section car repairs and car parts), we can pass this on in the lease rate.

You will be informed of changes to your lease rate based on headings c. and d. at least 30 days before commencement.

3.2. Lease components 

  1. a. Your lease contract states which of the following components are included in the lease rate, or for which we bear the costs:
    • • Depreciation: the costs relating to regular depreciation of the vehicle during use;
    • • Third Party Liability/Comprehensive Insurance: the premium for the Third Party Liability insurance and the costs for bearing the comprehensive risk;
    • • Vehicle tax: also known as motor vehicle tax or road tax;
    • • Repairs & Maintenance: repairs, periodic maintenance and MOT inspections
    • • Tires: replacing tires;
    • • Breakdown assistance: assistance with breakdowns at home and abroad;
    • • Replacement transport: a replacement vehicle if your vehicle is unavailable due to repairs;
    • • Passenger damage insurance: premium for passenger damage insurance;
    • • fuel or charging card.
    • b. You are responsible for any costs for components not included in your lease contract.
    • c. Other costs related to the use of the vehicle are at your expense. For example:
    • • Fuel and Adblue;
    • • Daily maintenance (replenishing oil and fluids between services);
    • • Parking costs, storage costs and tolls;
    • • Traffic fines and decisions;
    • • Cleaning the vehicle;
    • • Navigation system updates;
    • • Costs for adding accessories that become necessary due to legal requirements.

3.3. WAM insurance and comprehensive coverage 

WAM insurance 

    1. a. Lease 2.0 has insured the vehicle against the risk of legal liability for damage to third parties. 
    2. b. The insurer covers the damage of the third party up to €2,500,000 in material damage and €6,070,000 in personal injury. 
    3. c. Standard exclusions apply to the WAM insurance, whereby you are responsible for the damage suffered by third parties. For example, damage that occurred: outside the coverage area (stated on the green card), if the driver was under the influence of drugs/alcohol, during joyriding, through recklessness, through intent or during speed tests. 
    4. d. The comprehensive Insurance Conditions apply in full and without restriction to the lease agreement concluded between Lease 2.0 and you. You can request the comprehensive Insurance Conditions from Lease 2.0. 

Hull coverage

    1. e. Lease 2.0 or its insurer bears the risk of comprehensive damage. 
    2. f. The hull coverage includes non-recoverable damage to your own vehicle and theft thereof. Your personal belongings in the vehicle are not co-insured. 
    3. g. The exclusions that apply to the WAM insurance also apply here. In addition, there are additional exclusions for the casco coverage, where you are fully liable for the damage to the vehicle. For example, damage that occurred: while you acted in violation of these General Terms and Conditions (such as during unauthorized activities or by unauthorized drivers) and through careless actions (such as theft of or from the vehicle if it was not locked or the key(s) were left unattended).
    4. h. If there is an exclusion, you can be held liable for the full damage. 
    5. i. The extended coverage conditions apply in full and without restriction to the lease agreement concluded between Lease 2.0 and you. The extended coverage conditions are included in the Casco Conditions, which are available for inspection at Lease 2.0.

Exclusion

    1. j. If you do not pay your lease payments or do not pay them on time, this also means that you are in arrears with the payment of the insurance premium. You cannot then derive any rights from the WA/Casco insurance.

3.4. Repair and maintenance 

    1. a. We expect you, as a 'good father', to take care of the maintenance of the vehicle. 
    2. b. This is how you ensure that the tire pressure, oil and fluids are maintained. You use the fuels, oils and fluids prescribed by the manufacturer. 
    3. c. In addition, you ensure that maintenance and any repairs are carried out in a timely manner by one of our service partners, in accordance with the instructions in the instruction booklet and by us. 
    4. d. We will bear the costs of periodic maintenance and necessary repairs. The condition for this is that the work is carried out with our permission and by a garage of our choice. 
    5. e. If you do not have the periodic maintenance carried out in a timely manner by one of our service partners, you will be charged depreciation costs of € 1,500. 
    6. f. With our prior permission, you can also incur costs abroad. In this case, we request that you pay the amount yourself and declare the invoice with us. Make sure that the vehicle registration number is clearly stated on the invoice. We will reimburse the amount excluding foreign VAT. You yourself claim back the amount of foreign VAT paid. 
    7. g. Should we incur additional costs due to unskilled use of the vehicle, negligence, abnormal wear and tear or late performance of maintenance, necessary repairs or periodic inspections, we will charge you for the costs incurred. Our judgment in this regard is decisive. 

3.5. Tires 

    1. a. Lease 2.0 pays for the replacement of tires in case of normal wear and tear, provided you use one of our service partners 
    2. b. Do the tires wear out much faster than expected with normal use? Then we are entitled to charge you for the costs of this. 

3.6. Roadside assistance 

    1. a. If roadside assistance is part of your lease contract, you are entitled to roadside assistance. 
    2. b. If you experience a breakdown at home or abroad due to a mechanical defect in your vehicle, you can contact our emergency number. 
    3. c. Roadside assistance consists of emergency repairs on site and, if that is not possible, transport of the vehicle and passengers to a repair company.
    4. d. Are you stranded but not entitled to free roadside assistance because you are responsible for the defect? For example, standing still with an empty fuel tank, filling up with the wrong fuel, losing a key, breaking a key, leaving a key in a locked vehicle or having a flat battery. You will then be charged €185.  You can use our emergency number. 

3.7. Replacement transport 

    1. a. If replacement transport is part of your lease contract, we will provide replacement transport if your vehicle is temporarily unavailable due to repairs or damage repair carried out in the Netherlands.
    2. b. There may be a waiting period before you are entitled to replacement transport. The waiting period is stated on your lease contract. Sundays and public holidays are not included. Is there no waiting period included in your lease contract? Then you are immediately entitled to replacement transport. 
    3. c. We will try to arrange comparable replacement transport for you as far as possible. In case of limited availability, you will be given a vehicle from a different category. Should we want to exchange the replacement vehicle for another, you are expected to cooperate.
    4. d. The right to replacement transport does not apply if the repair is necessary after improper use, negligence, if it concerns non-covered damage or if the general terms and conditions have been violated in any way. 
    5. e. The right to replacement transport does not apply in the event of a culpable stranding, see Article 3.6 paragraph d. 
    6. f. The right to replacement transport ends as soon as the vehicle is available again. If you continue to drive the replacement vehicle longer than necessary, we will charge you for the costs that you are required to pay. 
    7. g. If you have a replacement vehicle at your disposal, your lease contract will continue. The days and kilometers that you drive in the replacement vehicle count towards determining the number of kilometers driven within your lease contract.
    8. h. You pay the fuel costs of the replacement vehicle and the other costs mentioned in article 3.2.c.

3.8. Damage to passenger insurance 

    1. a. You have passenger damage insurance if this is included in your lease contract. 
    2. b. The insurer covers the damage to the driver and/or other occupants caused by an accident with the vehicle. The material and immaterial damage is covered up to a maximum amount of €250,000 per claim.
    3. c. The Insurance Conditions are available for inspection at Lease 2.0.

3.9. Fuel card 

    1. a. If fuel is part of the lease contract, you will receive a card that you can use to refuel or charge electricity. 
    2. b. For this pass you pay a deposit to us. The actual costs are settled with you periodically by the pass supplier.
    3. c. In the event of structural cost overruns, we may adjust your periodic advance payment. 
    4. d. You may only use the card to refuel/charge the leased vehicle and any replacement vehicle.
    5. e. No VAT is reclaimed for refuelling abroad. 
    6. f. You are responsible for all transactions performed with the card, with and without your permission. In case of unauthorized use, loss, theft etc., you must report this to us immediately. We will then have the card blocked as soon as possible.
    7. g. You pay a fee for using the fuel card. The fee is included in your lease rate. 

3.10. Key

Upon delivery of the vehicle, you will receive one key. If you wish to receive an additional key, the costs for the actions and making of the key will be charged to you. We also have a key for the vehicle in question. 

Article 4. Damage and theft 4.1. Damage 

    1. a. Have you caused damage to the vehicle and/or to a third party? Then (together with the other party if applicable) fill in the Standard European Accident Report Form as best as possible. Fill in both the front and the back. 
    2. b. If there is an opposing party, the insurers will determine among themselves where the liability lies. Therefore, do not ask the opposing party, and do not give yourself, an acknowledgement of guilt. 
    3. c. If you have damage to the vehicle where no other motor vehicle is involved, please complete the section on the Standard European Accident Report Form intended for vehicle A. 
    4. d. Report the damage to us in writing within 48 hours, including a completed Standard European Damage Form. We will indicate where you can have the vehicle repaired. If you do not report the damage, we are entitled to charge you for the entire damage.
    5. e. Do not drive the vehicle any further if the damage increases. If the vehicle is in a dangerous place or is obstructing traffic, it may of course be moved. If in doubt, you should always contact us to avoid your own liability for damage.

4.2. Theft 

    1. a. In the event of theft, loss or burglary, please report this to us as soon as possible, but no later than within 24 hours. 
    2. b. In addition, you report the crime to the police. We would like to receive the report documents as soon as possible, but no later than two days after the date of the report. 
    3. c. We will provide you with a replacement vehicle if the vehicle is missing. 

4.3. Own risk 

    1. a. Have you caused damage? Then there may be a deductible. 
    2. b. The amounts below are the maximum deductibles per claim. The deductible is never higher than the actual claim amount. 
    • • Non-recoverable damages:
    • – First damage: €495,- (unless otherwise stated on your Lease Contract)  
    • • Following damages: €1,000. A different deductible applies to the following damages:
    • – Overhead damage: €1,000 (damage above 1.90m measured from the ground) 
    • – Theft: €1,000.00 
    • – Total loss: €1,000. 
    • – Window damage: €75 (Due to stone chips) 
    • – Broken glass: €249 (Due to stone chips)
    1. c. Naturally, no deductible applies to recoverable damages.
    2. d. In the event of damage that is attributable to you due to actions contrary to the General Terms and Conditions, there is no deductible and you are liable for the full damage. 
    3. e. If you cause damage to another party, we will apply a third-party liability excess (regardless of the damage to your own vehicle).

Article 5. Kilometers 5.1. Mileage 

    1. a. By signing your lease contract you agree to the built-in GPS system in your vehicle. 
    2. b. By means of the GPS system we read the odometer readings of your vehicle. You do not have to provide us with the odometer reading periodically, which is very convenient. If we do request you to provide us with the odometer reading, you must cooperate immediately.
    3. c. The starting mileage of your lease contract is the mileage of the vehicle at Lease 2.0 location, even if you use our home delivery service. 
    4. d. The final mileage is also the reading at the Lease 2.0 location, even if you wish to use our pick-up service. 
    5. e. If the odometer of your vehicle is defective, you must report this to us within 24 hours. We will determine the number of kilometers driven with a defective odometer together with you.
    6. f. You are prohibited from modifying or having modified the odometer or from influencing or having influencing the operation of the odometer in such a way that the distance indicated on the odometer does not correspond to the distance actually traveled by the vehicle. 
    7. g. You are prohibited from correcting, repairing or replacing the odometer. If the odometer is actually broken and needs to be replaced, you must report this to us immediately. We will report this to the RDW.
    8. h. In the event of a violation of the above paragraph f and/or g, we are bound by the Road Traffic Act 1994 and we will be obliged to report fraud to the police. 

5.2. Additional mileage settlement 

    1. a. Your lease contract includes a maximum number of kilometers per year. Do you drive more kilometers than the maximum allowed? Then we will charge you an amount per additional kilometer driven, as stated in your lease contract. 
    2. b. We have the right to settle any additional kilometers driven with you on a monthly basis. When returning the vehicle, a kilometer settlement is always carried out.
    3. c. For mileage settlements, the cumulative excess mileage over the number of months of your lease contract is considered. For example, do you have a maximum mileage of 2,000 per month? And if you drive 1,000 kilometers one month and 3,000 kilometers the next month, you will not pay any excess mileage in the end.

Example Suppose you have a lease contract with a maximum of 2,000 kilometers per month. The price for more kilometers is €0.06.  After 5 months you have driven 8,000 kilometers. According to the contract you were allowed to drive a maximum of 10,000 kilometers (5 times 2,000). Therefore you do not have to pay us anything extra.  In the next 5 months you drive 12,000 kilometers. After 10 months you have driven 20,000 kilometers. We look at what you drive on average per month, not at each month separately. You have driven an average of 2,000 kilometers per month, this falls within the maximum of your lease contract. You therefore do not have to pay for the additional kilometers.  In the following 5 months you drive another 12,000 kilometers. In total, after 15 months, that is 32,000 kilometers. Because the number of kilometers driven is higher than agreed (15 times 2,000 is 30,000), we will charge you for the additional kilometers. The number of additional kilometers is 2,000. You therefore pay us 2,000 times €0.06 (€120).  In the last 5 months you drive 8,000 kilometers. When you return the vehicle after 20 months, the mileage is 40,000. So you have driven an average of 2,000 kilometers per month (40,000 divided by 20), as agreed in the contract. That is why you will receive the €120 you paid us back in full after 15 months. 

5.3. Structurally more kilometers 

    1. a. Do you drive (much) more kilometers per month than agreed in your lease contract? Then we can make you a proposal to adjust the lease contract to a higher mileage. 
    2. b. The contract adjustment will be to your advantage. This means that your lease rate will increase less than if you were to receive a monthly one-kilometre bill under your old contract. Due to the contract adjustment, you will pay (with the same number of kilometres) less on balance and better spread over time, instead of high bills afterwards.

5.4. Fewer kilometers 

If you drive fewer kilometers than agreed in your lease contract, these kilometers will not be credited. 

Article 6. Use of the Vehicle 6.1. Careful use

    1. a. We expect you to treat the vehicle as a 'good father'. 
    2. b. This means that you use it carefully and properly and ensure that the vehicle remains in good condition. 
    3. c. You use the vehicle for the purpose for which it is intended and equipped. 
    4. d. Any costs incurred as a result will be for your own account.
    5. e. You are responsible for ensuring that the vehicle is maintained and inspected on time.
    6. f. The vehicle is equipped with telematics, which allows driving behavior to be monitored and we receive a notification in the event of abnormal driving behavior.

6.2. Smoking ban in cars

It is strictly forbidden to smoke in the vehicle at all times, this applies to both you and the occupant(s). We will charge you for the costs, mentioned in article 9.3, related to any damage to the vehicle that directly or indirectly results from not complying with this prohibition. The use of a Vape / E-cigarette also falls under smoking. 

    1. 6.3. Prohibition of telephone use

It is strictly forbidden to hold your phone while driving at all times. The (possible) fine we receive will be charged to you, see article 7.4.

6.4. Restriction of use 

    1. a. The vehicle may not be used for: 
    • • Paid passenger transportation (including Uber);
    • • Courier services;
    • • Driving lessons; 
    • • Subletting/letting;
    • • Transport of dangerous substances;
    • • Car sharing concepts.
    1. b. The vehicle may under no circumstances be used for:
    • • Driving on circuits;
    • • Skid and driving skills courses;
    • • Reliability runs;
    • • Performance rides;
    • • Driving on terrain for which it is not suitable;
    • • Activities or places for which the WAM insurer or Casco risk carrier does not provide cover;
    • • Illegal activities.

Suspicion of this will lead to immediate termination of your lease contract.

6.5. Directors 

    1. a. The vehicle may be driven by the regular driver as named on your lease contract and his or her fiscal partner. Before using the vehicle, we must be in possession of the driver's license of the regular driver and his or her fiscal partner.
    2. b. The vehicle may be used by authorised drivers, other than the regular driver and his or her tax partner, whose driving licence has been registered with us and whose written permission we have given prior to use by this driver(s).
    3. c. We may reject a request to add an authorized driver if it does not meet our acceptance guidelines. 
    4. d. We may reject the tax partner if he or she does not meet our acceptance guidelines. 
    5. e. For each permitted driver, other than the regular driver and his or her tax partner, we will charge an amount of €19. 
    6. f. Allowing other people to drive may result in you being fully liable for damage to a vehicle, for example (Art. 3.3 g).
    7. g. Persons driving the vehicle must be in possession of a valid Dutch driving license (for the relevant vehicle category). Minors with a 2toDrive driving license are not allowed to drive the vehicle. 
    8. h. The person must of course be legally authorized and able to drive the vehicle. Be aware that you are responsible for the actions of other users, as if they were your own actions. In the case of serious traffic violations, the police or the Public Prosecution Service may ask us who was driving the vehicle at the time of the violation. It is therefore important that you can indicate who was driving the vehicle, when, otherwise you will be responsible for the (financial) consequences of the violation yourself. 
    9. i. Exceptions to this are theft and loss. You are not liable for anything that happens to the vehicle after a theft or loss, provided that you report the theft or loss to us within 24 hours and report it to the police. 

6.6. Ownership 

    1. a. The vehicle is the legal and economic property of Lease 2.0, or a third party. You are only the holder/lessee of the vehicle. 
    2. b. You may therefore not sell, sublet, alienate, pledge or otherwise encumber the vehicle.
    3. c. We may want to inspect the vehicle during the term of your lease contract. You are required to cooperate with this.

6.7. Seizure 

    1. a. If anyone tries to seize the vehicle, for example a bailiff or the police, you must inform the seizing party that the vehicle is a leased vehicle and therefore not your property. 
    2. b. You contact us immediately to notify us of the attempted seizure. 
    3. c. You are responsible for all costs resulting from any (attempted) seizure. 

6.8. Making changes 

    1. a. You may add accessories, advertising and other modifications to the vehicle, provided that you can and will return the vehicle to its original condition before returning it. 
    2. b. Any costs we are forced to incur to return the vehicle to its original condition will be charged to you in full. 
    3. c. For changes that are permanent in nature, you need prior written permission from Lease 2.0. When returning the vehicle, you will not receive compensation for the permanently installed accessory and the accessory becomes the property of Lease 2.0.
    4. d. The costs for the changes, as well as the maintenance, insurance and repair thereof, are at your own expense. 

6.9. Gray license plates 

    1. a. Are you leasing a van from us with a so-called grey registration number? Then it is important that you meet the conditions for exemption from BPM on the basis of the entrepreneurs scheme. 
    2. b. By signing the lease contract you declare: 
    • • Be a company with a Chamber of Commerce number and a VAT number;
    • • Use the vehicle more than incidentally for your business (at least 10% of the kilometers driven per year);
    • • Not to modify the vehicle in such a way that it no longer meets the Tax Authorities' design requirements for vans.
    1. c. Any fines and additional BPM assessments from the Tax Authorities, due to failure to fully comply with their requirements throughout the entire term of your lease contract, will be charged to you in full.

Article 7. Financial conditions 7.1. Security deposit 

    1. a. We may request that you pay a security deposit prior to delivery of your vehicle. The amount of the deposit is stated on your lease contract. We are not obliged to deliver the vehicle if the deposit has not been paid.
    2. b. After the end of your lease contract, the deposit will be refunded within 6 weeks, provided that you have met all payment obligations arising from your lease contract(s). 
    3. c. The deposit will be offset against your outstanding invoices, including costs for reminders, notice of default and termination of the agreement. 
    4. d. You may not offset the deposit against the lease term or other amounts payable.

7.2. Payment of invoices 

    1. a. You agree to automatic collection of invoices resulting from your lease contract. You sign a SEPA direct debit authorization for this, and ensure registration with your bank and sufficient balance on your account.
    2. b. If, for whatever reason, we are unable to collect the invoices automatically, you are responsible for timely manual payment of the invoices. 
    3. c. The lease term of your lease contract must be paid in advance (no later than the 1st day of the period to which the invoice relates). For other invoices, the payment term as stated on the invoice applies (standard 8 days).
    4. d. You may not suspend your payments to us and/or offset them against amounts that you may be entitled to claim from us. In that case, we will send you a credit note.

7.3. Failure to pay 

    1. a. Are we forced to terminate the lease contract following the notice of default? We will then charge you €225,- plus any transport costs for the vehicle.
    2. b. If you pay too late, you will be in default from the moment the payment term is exceeded. We are then entitled to charge you default interest, amounting to 1.5% per month on the outstanding balance.
    3. c. We may transfer claims for which you have been put in default and for which payment is not made to a collection agency, bailiff or lawyer. The collection costs, (extra)judicial costs and other costs that we incur to protect our rights are entirely at your expense. 
    4. d. We are entitled to offset outstanding invoices between our labels (including Shortleaseland, Shortleasemarkt, Bedrijfswagenleasing and Dealerleasing). 

7.4. Fines and decisions 

    1. a. If we receive fines for the vehicle, we will charge these to you. 
    2. b. Fines include, among other things: traffic fines, parking taxes, unpaid tolls, etc. But also costs related to fines such as reminders, surcharges and (extra)judicial collection costs. 
    3. c. Please note: we pay the fine to the relevant authority, you pay the fine to us.
    4. d. We charge administration costs for the administrative processing of fines (€15 per time).

Article 8. Termination of the Lease Contract 8.1. Regular termination 

    1. a. Request for termination within the contractual term

It is not possible for you to terminate the lease contract before the contractual end date. You can submit a request to us for early termination. You must then take into account a termination fee to compensate for the loss of income suffered by Lease 2.0.

    1. b. End date of your lease contract

On the day on which the term stated in your lease contract has expired, you can terminate the lease contract by returning the vehicle. If you do not return the vehicle on this day (or another day agreed with one of our colleagues), the lease contract will be tacitly extended by one calendar month at a time. All provisions in your lease contract and these General Terms and Conditions will remain in full force. 

    1. c. Termination by you after the contractual term

After the contractual term of your lease contract has expired, you can terminate the lease contract, taking into account a notice period of one calendar month. This means that if you terminate the lease contract on 15 May and the notice period is one month, the lease contract ends on 1 July and not on 15 June.

    1. d. Termination by us after the contractual term

After the contractual term of your lease contract has expired, we also have the right to terminate the lease contract, subject to a notice period of one calendar month.

    1. e. Total loss or theft

Is the vehicle considered a total loss (technically or economically) by us due to damage or a defect? Or is the vehicle stolen/missing (longer than 30 days)? And can we not offer you a comparable permanent replacement vehicle? Then we can choose to terminate the lease contract.

    1. f. Excessive maintenance costs

Should we expect excessive maintenance costs for the vehicle, due to a technical defect or high mileage (more than 95,000 km), we may choose to retrieve the vehicle. If we are unable to offer you a comparable vehicle, we will terminate the lease contract. 

8.2. Termination by Lease 2.0 

    1. a. In a number of exceptional cases, Lease 2.0 has the right to terminate your lease contract with immediate effect, without judicial intervention. In the event of termination, all your payment obligations (remaining lease terms and other invoices arising from the lease contract and these general terms and conditions) remain in full force. In addition, Lease 2.0 has the right to full compensation, resulting from, for example, additional costs of damage, interest and legal assistance. 
    • You do not comply with or act contrary to the agreements in your lease contract and the General Terms and Conditions

For example, you do not meet your payment obligations after being repeatedly reminded.

    • You are committing fraud

For example, you provide us with incomplete or incorrect information before the start or during the term of your lease contract. Or we are forced to terminate your contract based on laws and regulations (such as anti-money laundering rules).

    • You drive a lot of damage and/or traffic fines

For example, because you repeatedly cause damage to third parties with the vehicle, our WAM insurer no longer wants to insure you, or because you cause more than two hull damages within 12 months, the hull risk carrier no longer wants to bear your risk.

    • You have committed a serious offence and/or crime
    • • For example, because you caused an accident by driving in the wrong direction. You are in serious financial trouble

For example, you are placed under guardianship/curatorship, bankruptcy is requested for you, debt mediation/debt restructuring is applied to you or your assets are seized.

    • The vehicle is seized or an attempt is made to seize the vehicle

If the vehicle is seized, you must fully indemnify us.

    • You are terminating your business or there is a change in the business form

You are ceasing your business operations or selling important parts of your business.

    • Termination by the insurer of the Lease 2.0. BV fleet, meaning that the vehicles are no longer insured
    • You are settling abroad

Unless we give you prior written permission to continue the lease contract.

    1. b. You are obliged to inform us as soon as possible if one of the above situations occurs. After termination of your lease contract, you can no longer use our services and services. If we terminate your lease contract, we request that you return the vehicle to the location indicated by us within 5 working days. It is important to carry out this request in a timely manner. If you fail to return the vehicle to us, we have the right, without legal intervention, to technically block the vehicle for further use and to retrieve the vehicle ourselves to our location. We are not liable for any damage that results or may result from the technical blockage. You are responsible for informing us where the vehicle is located and for ensuring that the vehicle is at a location that is accessible to us. All costs for retrieving the vehicle are at your expense.

8.3. One-way termination Lease 2.0

We reserve the right to terminate the lease contract after the initial contractual lease period without giving any reason with immediate effect. In such cases, you will be notified immediately and the vehicle must be returned to us immediately. We are not liable for any costs or damages that you may incur as a result of such unilateral termination. 

Article 9. Return of the Vehicle 9.1. Delivery

    1. a. After termination of the lease contract, you return the vehicle and all accessories to the location and time specified by us. 
    2. b. You return the vehicle in the same condition as when you received it, with the exception of normal wear and tear and any permanent modifications approved in advance.
    3. c. The vehicle must be returned with a full tank of fuel.
    4. d. Upon return, a return form is drawn up. The return form records, among other things, the condition of the vehicle, the mileage, tank capacity, return date, and the presence of accessories. You, the regular driver, or another person authorized by you, signs the form. If you do not sign the form, the form as we have completed it applies.
    5. e. You can also use our pick-up service by appointment for a fee. If the vehicle is picked up by a driver, a transfer form will be signed. The return form will only be completed at the Lease 2.0 location.

9.2. Condition of the vehicle 

    1. a. You ensure that the vehicle is returned clean and tidy.
    2. b. You must remove any temporarily attached accessories and advertising if this does not cause damage or decrease in value. 
    3. c. You will not receive compensation for any accessories not removed. 

9.3. Additional costs upon return After returning the vehicle, you may be faced with additional costs. Below we list the most important possibilities: 

    1. a. More kilometers

A settlement of any additional kilometers (see article 5).

    1. b. Costs for previously unreported damage

The deductible for any previously unreported (unacceptable) damage (see article 4.3). We charge handling costs for unreported damage. Our return guidelines specify which return damage we consider acceptable and which not.

    1. c. Missing items 

For missing items on the vehicle we will charge you. For example: accessories, vehicle parts, registration card, fuel card, instruction/maintenance booklet, spare wheel, key(s), etc.

    1. d. Scleaning costs

Cleaning costs if the vehicle is returned insufficiently clean, or reconditioning costs if the vehicle has been smoked in. The reconditioning costs amount to €750.

    1. e. Recovery costs

Costs we incur to return the vehicle to its original condition, for example removing self-applied accessories and stickers, or costs resulting from careless and unskilled use. 

    1. f. Fuel costs

(Handling) costs for filling the fuel tank if it is not completely full.

    1. g. Adblue costs

(Handling) costs for filling the AdBlue tank if it is not completely full. 

9.4. Failure to return vehicle on time 

    1. a. If you do not return the vehicle on time, we are entitled to retrieve the vehicle ourselves. The costs we incur for this will be at your expense. 
    2. b. The additional days until the vehicle is at our location, we will charge your lease rate, increased by 50%.

9.5. Goods present in vehicle upon return/collection 

    1. a. You are responsible for returning or having the vehicle picked up clean and free of goods. If goods are present in the vehicle during return or collection, we are not responsible or liable for this. We are in no way liable for any form of damage that you may suffer because the goods are present in the vehicle and you do not have them in your possession.
    2. b. You must inform us in writing within seven days of delivery or collection which goods should be present in the vehicle, after which we will inform you whether and which goods have been found in the vehicle. Our finding of the goods is decisive in this respect.
    3. c. We are not obliged to store or retain the goods for longer than 14 days and are entitled to destroy these goods (or have them destroyed). The costs of this may be charged to you.
    4. d. We are also entitled to sell goods of value and then deduct the proceeds from the outstanding items. The costs of this may be charged to you.

Article 10. Other provisions 

10.1. VAT 

All amounts stated in the lease contract and the General Terms and Conditions are inclusive of VAT unless stated otherwise. 

10.2. Foreign-based customers

    1. a. If you are established abroad, we will ask for your VAT number so that the VAT can be transferred. Is there a permanent establishment in the Netherlands? Please let us know. 
    2. b. If we are approached by the Tax Authorities to pay unpaid VAT, we have a right of recovery from you in this regard. 

10.3. Signature 

Where the General Terms and Conditions refer to 'signature', this may also refer to digital signature or digital approval, including by email.

10.4. Change of data 

    1. a. Any changes in address, telephone number, email address, or other contact details etc. must be reported to us within 5 working days. 
    2. b. If important correspondence regarding your lease contract does not reach you (on time) because you have not notified us of changes, you are responsible for any consequences thereof. 

10.5. Complaints 

    1. a. Are you dissatisfied with our services? We kindly request that you submit your complaint to us in writing, for the attention of Complaints Handling. 
    2. b. We will try to handle your complaint within 2 weeks and work with you to find a solution. If we cannot reach an agreement, we will submit our dispute to the competent court.

10.6. Privacy 

    1. a. We use your personal data and company data  for the assessment and execution of your lease contract. 
    2. b. The GPS system provides us with the following information; starting address, stopping address, dates, times, route driven, acceleration, deceleration, power, speed and mileage. We use this data to assess and execute your lease contract. 
    3. c. We do not provide personal data to third parties unless this is legally required or permitted, for example to a collection agency or bailiff because you have not paid.
    4. d. The data mentioned in paragraph a can be included in the Elena warning system. You will be registered if you have not behaved properly and/or have not kept to the agreements. 
    5. e. For our extensive privacy policy, we refer you to our Privacy Policy.

10.7. Amendment of General Terms and Conditions 

    1. a. By signing your lease contract you agree to this version of our General Terms and Conditions. 
    2. b. We are entitled to amend the General Terms and Conditions unilaterally.  You will be informed of this in good time. Are the changes to your disadvantage? Then you can object to the new General Terms and Conditions within 14 days. If you object within the term, the current General Terms and Conditions will remain in force for your existing lease contracts. The new General Terms and Conditions do apply to all new lease contracts. This right does not apply if the changes are prompted by legislation and regulations, or if our insurer changes its conditions. 

10.8. Joint and several liability

If the lease contract has been signed on your behalf by multiple (legal) persons, all (legal) persons are jointly and severally liable for all obligations arising from the lease contract. 

10.9. Transferability / third-party clause 

    1. a. Lease 2.0 is entitled to transfer or pledge the (legal and/or economic) ownership of your vehicle and your lease contract to a third party. If we choose to do so, you are obliged to cooperate in a transfer or pledge. This does not affect your rights and obligations. In the event of a transfer or pledge, you retain the same conditions. 
    2. b. You may not transfer your rights and obligations under your lease contract and the General Terms and Conditions to a third party without our prior consent.

10.10. Indemnification and exclusion of liability 

    1. a. Lease 2.0 is not liable for damage and/or costs resulting from the vehicle not functioning properly or not being able to use it, such as costs incurred, loss of enjoyment, loss of time and/or additional travel and accommodation costs.
    2. b. You indemnify us and our employees against all claims and demands from third parties arising from or related to the use of the vehicle.
    3. c. You indemnify us and our employees against all claims based on violation of laws, regulations and applicable provisions relating to the condition and use of the car. 
    4. d. In the event of force majeure, we have the right to terminate the lease contract or suspend our obligations. We are then not liable for compensation.

10.11. General exclusions

Lease 2.0 is not obliged to enter into a lease contract if you and/or the regular driver do not comply with our acceptance guidelines. 

10.121. Dutch law 

    1. a. Dutch law applies to the lease contract and these General Terms and Conditions. 
    2. b. If there are any disputes that we cannot resolve together, we will submit the dispute to the East Brabant Court. 
    3. c. The decision by a court of competent jurisdiction that any provision of these Terms and Conditions is invalid shall not affect the validity or enforceability of the other provisions or rights which shall remain in full force and effect, with the exception of the invalid or unenforceable provision or part thereof.