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GENERAL TERMS AND CONDITIONS

1. General

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 client 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 client. 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 accepting the terms and conditions you agree to this privacy policy.

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 client. GET DRIVEN BV shall only provide the driver and the client shall pay for those services and shall therefore 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 communicated in advance. 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 an early 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 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, taking into account the provisions of article 7 of these general terms and conditions. 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 in accordance with article 6.2 of these general terms and conditions (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. Prices

3.1. The prices quoted by GET DRIVEN BV are exclusive of VAT (21%) 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 those mentioned in article 1.3, 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 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 onwards. If the ride starts after 20:00 or before 06:00, a night surcharge of €4.99 applies to that ride. 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 hours.

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, 3 hours are automatically charged. If the cancellation is made between 3 and 12 hours before the journey, €30 ex VAT is charged.

3.4. Hours or bundles (hereinafter collectively referred to as "Credits") are digital credits purchased by the client and added to the personal client account. These Credits may only be used within the GET DRIVEN BV application for the services offered via the application.

The Credits have a validity period of eighteen (18) months from the date of purchase or allocation, unless explicitly stated otherwise at the time of purchase or allocation.

Prior to the expiry of the validity period, the client may, on one occasion, extend the validity of the existing Credits by purchasing a new bundle of Credits in the application. In that case, the validity period of the Credits still available at that time shall be extended by a new period of twelve (12) months, calculated from the date of the new purchase. Upon expiry of the validity period, any unused Credits shall automatically and definitively lapse, without any right to reimbursement, compensation or exchange.

Credits are not redeemable for money, either in whole or in part, unless required by law. Credits are in no case exchangeable or refundable; they are personal and non-transferable to third parties, unless GET DRIVEN BV explicitly determines otherwise.

GET DRIVEN BV reserves the right to temporarily block or definitively cancel a client account or Credits in the event of fraud, misuse or breach of these general terms and conditions.

4. Invoicing

4.1. The invoices of GET DRIVEN BV shall be based on the hours that the driver submits 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 14 days of the invoice date. The invoice is automatically delivered by e-mail to the e-mail 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 €75 or a minimum 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 of default. Costs incurred by GET DRIVEN BV such as those of experts, lawyers, bailiffs and debt collection agencies in the fulfilment of the obligations under article 4.2 by the client towards GET DRIVEN BV shall at all times be for the account of the client, in addition to the penalty 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, 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, 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 become immediately due and payable without discount.

6. Insurance and liability

6.1. Claims arising from undertakings with GET DRIVEN BV, whether of a contractual or non-contractual nature, must 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 client is obliged to take out the following insurances:

  • a civil liability insurance (in accordance with the requirements of the Motor Insurance Liability Act) without restriction of driver (neither nominative nor by age);

  • full comprehensive insurance including theft, without restriction of driver (neither nominative nor by age), or alternatively to take out the additional insurance via GET DRIVEN BV with MS AMLIN within the meaning of article 6.3;

  • additional driver and passenger insurance to compensate for all bodily harm suffered in connection with the vehicle;

  • an all-risk legal expenses insurance in which the insurer explicitly declares that the drivers of GET DRIVEN BV are included as insured parties, regardless of whether the policyholder is present in the vehicle at the time of the loss.

The client is obliged to maintain these insurances throughout the duration of the agreement. 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 via GET DRIVEN BV with MS AMLIN within the meaning of article 6.3, the client accepts to bear all own damages and at the same time explicitly renounces all recourse against GET DRIVEN BV and/or the driver, both on a contractual and non-contractual basis within the meaning of article 6.3 et seq. of the Civil Code.

6.3. In the event of own damage caused to the client's vehicle by the driver, there are two possibilities:

  • Standard option: GET DRIVEN BV shall not be liable for any material damage caused by the driver. The client takes out full comprehensive insurance in which the driver of GET DRIVEN BV is included as an insured party in accordance with article 6.2. Any excesses or premium increases shall be borne in full by the client. If the comprehensive insurance refuses to intervene and/or decides to recover its loss (in whole or in part) due to, for example, gross negligence on the part of the GET DRIVEN BV driver and/or for any other reason not linked to any seriously culpable conduct on the part of GET DRIVEN BV, the client and the client's insurer must address themselves directly to the GET DRIVEN BV driver. The parties do however explicitly exclude the application of any non-contractual liability in accordance with and, insofar as permitted, by article 6.3 et seq. of the Civil Code, both with respect to GET DRIVEN BV directly and/or on account of acts and/or omissions of the driver in his capacity as auxiliary of GET DRIVEN BV.

  • Optional: as a supplement to and/or replacement for comprehensive insurance, the client may take out an additional insurance via GET DRIVEN BV with MS AMLIN. In the event of an at-fault loss caused by the GET DRIVEN BV driver, damage to the vehicle shall be compensated by this additional insurance with a maximum intervention of EUR 50,000.00, insofar as such damage is not covered by the comprehensive insurance and/or any other insurance taken out by the client in accordance with article 6.2. For any damage exceeding the said maximum intervention of EUR 50,000 and/or any damage which, for whatever reason other than a reason linked to seriously culpable conduct on the part of GET DRIVEN BV, is not covered by the said additional insurance with MS AMLIN, GET DRIVEN BV cannot under any circumstances be held liable. The damage must be reported in the presence of the driver and within 24 hours. If the damage is not reported within 24 hours, GET DRIVEN BV cannot under any circumstances be held liable. For each ride, the client can indicate in the app whether he wishes 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 GET DRIVEN BV upon first request.

6.4. For damage to third parties, GET DRIVEN BV cannot under any circumstances be held liable, neither contractually nor non-contractually. The parties explicitly exclude the application of any non-contractual liability in accordance with and, insofar as permitted, by article 6.3 et seq. of the Civil Code, both with respect to GET DRIVEN BV directly and/or on account of acts and/or omissions of the driver in his capacity as auxiliary of GET DRIVEN BV.

The client is obliged to take out civil liability insurance without restriction of driver (neither nominative nor by age) in accordance with article 6.2.

If the civil liability insurance refuses to intervene and/or decides to recover its loss (in whole or in part) due to, for example, gross negligence on the part of the GET DRIVEN BV driver and/or for any other reason not linked to any seriously culpable conduct on the part of GET DRIVEN BV, the client and the client's insurer must address themselves directly to the GET DRIVEN BV driver. The client does however authorise the GET DRIVEN BV driver to make use, at that point, of the legal expenses insurance taken out by the client in accordance with article 6.2.

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 unjustified/unlawful orders it has given.

In the event that GET DRIVEN BV, whether or not at the explicit request of the client, rents a vehicle from a rental company, the client undertakes to bear all related costs of the rental company. Where GET DRIVEN BV is held liable by the rental company for the (material) damage that the rental company would have suffered, the client undertakes to pay the compensation requested by the rental company.

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 arising from these conditions, both in principal, interest and 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. 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. Any liability-limiting arrangements agreed between the client and third parties cannot be invoked against GET DRIVEN BV. The conditions concluded between GET DRIVEN BV and the client shall apply in full.

7.2. Without prejudice to the provisions of article 6 of these general terms and conditions, GET DRIVEN BV shall in no case be liable for cases of force majeure and insurable unintentional acts, which shall include among others (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 or 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 of force majeure or hardship of a temporary or permanent nature, GET DRIVEN BV may:

  • either suspend the execution of the agreement in whole or in part until the cause of the force majeure or hardship 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 the part of the agreement already executed in proportion to the performances carried out and in relation to the price of the whole.

8. Liability of the client

8.1. The client shall always engage the drivers linked to GET DRIVEN BV and/or to whom the client has had recourse via the GET DRIVEN BV platform in the preceding 12 months (regardless of whether they are still linked to GET DRIVEN BV at that time) exclusively via GET DRIVEN BV, and shall refrain from contacting drivers directly or indirectly, in whatever capacity, for driving assignments. Upon each breach of the foregoing, the client shall automatically owe GET DRIVEN BV a compensation equal to the amount corresponding to the provision of a similar driver for an assignment of 250 hours. After 3 breaches, the compensation shall increase to the equivalent of a 1,200-hour assignment. This compensation shall in each case constitute the counterpart of a contractually awarded subjective right and shall not constitute damages.

8.2. The client shall prevent the drivers of GET DRIVEN BV from being incited to commit traffic offences such as: excessive speed, intoxication at the wheel, non-compliance with driving hours and rest periods, etc. Such actions shall mean the immediate termination of the agreements between the parties. Any damages (direct or indirect) resulting therefrom on the part of GET DRIVEN BV or its driver shall be claimed in full from the client.

9. Miscellaneous

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.