1.1. These conditions shall be applicable to all offers, quotations, orders, agreements and all
undertakings to which GET DRIVEN BV is a party, to the exclusion of all other conditions of
any kind, yet without prejudice to the provisions of mandatory law. These conditions,
together with the details on the front of the quotation, order form, performance slip, invoice
or any other document issued by GET DRIVEN BV, shall form an integral part of the
agreement between parties. Deviations from these terms and conditions or individual
agreements can only be validly proven by a mutually signed written agreement. The general
terms and conditions of the customer shall only form part of the agreement in whole or in
part insofar as they have been accepted in advance and in writing by GET DRIVEN BV and
insofar as they are compatible with these terms and conditions.
1.2. GET DRIVEN BV does not own your data and only uses your data to inform you about
novelties regarding our operations or it requires this data to service the customer. The type
of car is required to brief the driver, your contact details are required to be able to reach you
during an assignment and your address is required to have a driver come to you. By
1.3. GET DRIVEN BV is completely free in the selection of its private drivers. In principle, the
client cannot refuse a selected driver. GET DRIVEN BV shall never be liable for fines, legal
costs, immediate collections, parking costs, tolls, car wash costs, fuel, deposits, taxes,
maintenance costs, repair costs, insurance and fees of all kinds as well as any other costs
directly or indirectly related to the vehicle and driving the vehicle, all of which shall be borne
solely by the client. In such a case, GET DRIVEN BV shall always be able to recover these
costs from the customer. GET DRIVEN BV shall only provide the driver and the client shall
pay for those services and therefore shall be responsible for all direct and indirect costs
related to the vehicle. For the travel expenses of the driver to and from the agreed location,
the client shall be charged a kilometerage allowance. If the starting address is different from
the final address, the hours spent there and the resulting travel costs shall also be charged
to the principal.
1.4. GET DRIVEN BV undertakes to fulfil the order (i) according to the present terms and
conditions (ii) at the prices quoted by it per file (iii) according to the rules of the art, but
always by way of obligation of means, in particular the hiring out of a private chauffeur. The
general nature of an obligation of means shall be apparent from the fact that the time within
which the agreed activities shall be carried out has been fixed in the expectation of normal
circumstances, that the periods of performance are approximate only, and that GET DRIVEN
BV shall in general make every effort to engage good drivers who will do their best to drive
the client's vehicle properly.
2. Realisation of the agreement
2.1. Tenders are drawn up on the basis of the instructions and data supplied by the client
and are binding. Neither the hours nor any reservations can be deviated from unless agreed
upon in writing by GET DRIVEN BV. If the order cannot be executed due to the client's fault
or negligence, including a premature cancellation of the order, the client shall undertake to
pay the full amount invoiced as if the services had been provided in full.
2.2. The agreement shall be concluded either after confirmation by GET DRIVEN BV of the
ride to be scheduled by a driver in our software. The execution of the agreement shall
commence at the moment a private chauffeur drives to the address provided by the client
from where he is to drive the vehicle. During the execution of the agreement, the hired
driver has the right to take a break of 15 minutes every 3 hours in case 3 consecutive hours
of driving are needed.
2.3. The digital confirmation of GET DRIVEN BV shall be binding upon the client, unless the
client reports the incorrectness of the content of the confirmation by e-mail within three
days of receipt. The client declares and confirms to be the owner of the vehicle being driven.
In the absence thereof, before signing the agreement he shall provide the correct identity of
the owner as well as his written consent to have the vehicle driven by the hired driver. By
way of an obligation of result, the principal shall be responsible for (i) the timely request for
an adaptation of the insurance policy of the vehicle so that the hired driver is validly insured
for both civil liability and comprehensive cover (ii) the technical compliance of the vehicle
with the applicable legislation (iii) all possible technical defects or faults with which the
vehicle is confronted, whether visible or hidden.
3.1. The prices quoted by GET DRIVEN BV are exclusive of VAT and any other duties or taxes
levied by the government. All driving, waiting and travel times shall be calculated when
spent directly or indirectly on behalf of the client, with a minimum use of services of three
hours. There is no difference between charging for driving and waiting times. The hourly rate
covers all costs except VAT and is an all-inclusive rate unless charges are made at special
request. The starting hour is the hour that the driver must be present at the starting address.
The end hour is the hour that the driver is actually present at the end address. In normal
assignments, no other costs shall be charged above unless explicitly mentioned by GET
DRIVEN BV before the start of the assignment as mentioned in article 1 or unless the client
has special requests during the assignment. For journeys longer than 9 hours, a supplement
of 20% shall be charged in the form of overtime from the 9th hour. The hours will continue
until the end of the journey and will be resumed as soon as the journey has continued. The
client is responsible, in his own name and at his own expense, for providing the driver with a
proper place to sleep, in particular a hotel or motel, as well as for the evening meal and
breakfast. If it concerns two journeys on one day, these will be considered as one journey,
unless there are at least 4 hours between the journeys. The total travel time must be at least
3.2. A reservation can be made up to 1 hour before the start of the ride. GET DRIVEN BV is
not responsible if no driver is available in time.
3.3. The client has the opportunity to cancel an agreed ride free of charge provided this is
done in writing at least 12 hours before the start of the ride. If the journey is cancelled less
than 3 hours before the planned journey, €75 ex vat is automatically charged. If it is made
between 3 and 12 hours before the journey, €30 ex VAT is charged. In case of a 'no show', a
compensation of €250 is due.
4.1. The invoices of GET DRIVEN BV shall be based on the hours that the driver provides to
GET DRIVEN BV via the app. The client accepts the full legal evidential value of the driver's
statement. All invoices are payable within 10 days of the invoice date. The invoice is
automatically delivered by email to the email address that has booked the ride. In the event
of non-payment by the due date, any agreed payment discounts on that invoice and on all
other invoices shall lapse.
4.2. Without prejudice to the other rights of GET DRIVEN BV, any unpaid amount when due
shall be automatically and without notice of default increased by the interest on arrears in
accordance with article 5 of the Act of 2 August 2002 on the fight against payment arrears in
commercial transactions and by a fixed and minimum compensation of 15% on the amounts
due to be increased by all costs and fees due to non-payment and collection. In the event of
non-payment or partial payment of an invoice on its due date, all amounts owed by the
client, for whatever reason, shall become immediately due and payable by right and GET
DRIVEN BV shall reserve the right to suspend or cancel all current orders without prior
notice. Costs incurred by GET DRIVEN BV such as those of experts, lawyers, bailiffs, debt
collection agencies in the fulfilment of its obligations
4.3. from the client to GET DRIVEN BV, shall at all times be for the account of the client in
addition to the compensation clause.
5. Dissolution of the agreement
5.1 Without prejudice to the other stipulations in these terms and conditions, GET DRIVEN
BV shall be entitled to dissolve the agreement by way of an explicit dissolution clause and
with compensation, without any summons or notice of default and without judicial
intervention being required, if the client fails to meet any of its contractual obligations under
these terms and conditions, is in a state of bankruptcy or if the client's equity capital
amounts to less than half of the share capital in the last completed financial year or if the
client has suffered losses in the last completed financial year. In addition, if the client fails to
meet any obligation arising from these terms and conditions, properly or on time, GET
DRIVEN BV shall be entitled, without any obligation to pay compensation and without
prejudice to its other rights, to suspend the agreement wholly or partly or to have it
dissolved or to terminate it in anticipation of the latter. All outstanding invoices and
amounts still to be invoiced shall in that case also become immediately due and payable
6.1. Complaints relating to the undertakings of GET DRIVEN BV shall be explicitly submitted
in writing on penalty of forfeiture of rights within five bank working days of the facts on
which they are based.
6.2. The customer is obligated to take out the following insurances:
- a BA insurance (in accordance with the requirements of the Motor Insurance Liability Act)
- full comprehensive insurance including theft
- additional driver and passenger insurance to compensate for all bodily harm suffered in
connection with the vehicle.
The client is obliged to maintain these insurances throughout the duration of the agreement.
6.3. In case of damage caused to the client's vehicle by the driver, there are two possibilities:
- GET DRIVEN BV shall by default provide an intervention in the exemption (franchise) to be
paid for the client's insurance, with a maximum amount of EUR 500.00. The exemption
(franchise) has to be proven by the client with supporting documents per mail as well as the
damage report which shows that the reparation is more than the exemption.
- The client additionally opts to take out an additional insurance with MS AMLIN. GET
DRIVEN BV shall compensate the client's own damage to the vehicle caused by the driver
with a maximum intervention of EUR 50,000.00. In other words, this is compensation for
damages which are not covered by the motor vehicle liability insurance. The damage has to
be indicated in the presence of the driver in order to be opposable to GET DRIVEN BV. For
each ride, the client can indicate in the app if he wants to make use of the additional
insurance mentioned. The extra costs for this will be communicated in advance in the app.
The specific terms and conditions of this policy with MS AMLIN can be obtained from
GETDRIVEN BV upon first request.
6.4. Damage to third parties is at all times covered by the mandatory motor vehicle liability
insurance (in accordance with the requirements of the Motor Insurance Liability Act).
6.5. The client shall ensure that the vehicle made available meets all applicable safety and
technical requirements. The client shall be liable for all damage resulting from defects or
non-conformity of the vehicle made available by it, as well as for all damage resulting from
orders it has given.
6.6. If the client fails to comply with the above obligations, it shall not be able to invoke the
absence of insurance cover against GET DRIVEN BV. If the client has not taken out
comprehensive insurance, nor additional insurance (see article 6.3), he accepts to bear all
damages himself and at the same time explicitly renounces all recourse against the client or
7. Liability of GET DRIVEN BV
7.1. The client agrees to indemnify GET DRIVEN BV against all claims made by third parties
including the client's insurers against GET DRIVEN BV for any liabilities under these
conditions, both in principal interest and in costs. If the client books an assignment in a
vehicle which is not his property (friends, partners, guests....), the conditions agreed upon
with the client shall apply subject to an agreement between the client and the owner of the
vehicle. GET DRIVEN BV shall in no event be liable for the preparation or confirmation of
agreements between the client and third parties using the services on behalf of the client.
7.2. Notwithstanding article 7.1, GET DRIVEN BV shall only be liable to the client for all its
obligations, or those of its appointees (drivers) in the event of an intentional act or omission
or gross negligence. GET DRIVEN BV shall not be liable for damages, losses and/or injuries
caused by the driver to the customer or to any property belonging to the customer including
the vehicle, and subject to what has been stated in relation to
comprehensive/complementary insurance (article 6.3.), except in case of gross negligence or
wilful misconduct by the driver.
With regard to third parties, the driver shall always be considered an employee of the
principal. The client shall always timely inform its insurer that the vehicle is driven by a hired
driver and that the student driver is 23 years of age or younger and renounces in this matter
any recourse against GET DRIVEN BV.
7.3. GET DRIVEN BV shall in no case be liable for cases of force majeure and insurable
unintentional acts, which shall include (this is a non-exhaustive list)
- Not reaching or not reaching the destination on time as a result of, among other things,
bad weather conditions, other traffic conditions causing a delay;
- the driver not being present or not being present on time due to delays in public transport
or in traffic or due to any other unforeseen cause;
- damage or costs resulting from the loss of the bonus malus discount on the client's car
insurance or recourse to the car insurance company
- damage caused to goods and/or injury to passengers, the passenger(s) present in the
vehicle during the performance of the assignment
- damage or costs resulting from a traffic accident and/or traffic violation.
This enumeration is purely exemplary. All forms of force majeure and insurable
unintentional acts shall release GET DRIVEN BV from any liability.
7.4. In the event that GET DRIVEN BV has any (legal) liability, this liability shall be limited by
law to the amount which GET DRIVEN BV is insured for under its company liability insurance
policy. The client shall waive any claim for a higher damage amount.
7.5..In the event of force majeure or impediment of a temporary or permanent nature, GET
DRIVEN BV :
- either suspend the execution of the agreement in whole or in part until the cause of the
force majeure has ceased to exist in whole or in part
- or terminate the agreement in whole or in part without judicial intervention ad nutum, all
without the client having any right to compensation against GET DRIVEN BV. In this case, the
client shall be obliged to pay t
he part of the agreement already executed in proportion to the price of the whole.
8. Liability of the client
The client shall always employ the drivers via GET DRIVEN BV and shall refrain from
contacting the drivers directly for orders. Every time the client directly hires a driver from
GET DRIVEN BV without the intervention of GET DRIVEN BV, the client shall automatically
owe GET DRIVEN BV an indemnity equal to the amount corresponding to the hiring out of
the said driver for an order of 250 hours. After 3 breaches, the compensation shall increase
to the equivalent of a 1200 hour assignment. This compensation is always the compensation
for a contractually awarded subjective right and does not constitute an indemnity.
8.2. The client shall prevent the appointees (drivers) of GET DRIVEN BV from inciting them to
commit traffic offences such as: excessive speed, intoxication at the wheel, not respecting
driving hours and rest periods. Such actions shall mean the immediate termination of the
agreements between the parties. Any damages (direct or indirect) resulting from this on the
part of GET DRIVEN BV or its employee shall be claimed in full from the client.
9.1. The possible nullity of one or more clauses, or parts thereof, shall not invalidate the
remaining clauses and, if the occasion arises, the parties undertake to seek the same
economic balance as if such nullity had not existed.
9.2. All our agreements are governed by Belgian law.
9.3. All disputes arising from this agreement may only be settled by the courts of the judicial
district of West Flanders, Kortrijk division. Also in the event of activities outside Belgium and
legal relations of parties resulting therefrom, the courts of Kortrijk shall be competent and
Belgian law shall apply.