General Terms and Conditions of Brut Terroir
Article 1. Acceptance
Every participant acknowledges having read, understood, and accepted these general terms and conditions. Participation in any activity of Brut BV implies acknowledgment, understanding, and acceptance of these general terms and conditions.
Article 2. Incentive Brut BV
Brut BV stands for a responsible experience of the wine culture in Belgian Limburg. Brut BV offers participants an experience tour (drive or walk) with viticulture as the main or secondary theme. Brut BV expressly disapproves of the consumption of alcoholic beverages that endanger the driving ability of vehicle operators by those operators. Under no circumstances should it be understood by a vehicle operator that Brut BV encourages the consumption of beverages that affect driving ability. Brut BV does not have this intention, nor do the concepts it proposes. Brut BV emphasizes that vehicle operators should not consume alcoholic beverages if they are participating as a driver in a tour. Alcohol-free drinks are always provided for this very reason.
This applies whether it concerns the rental of green carts or bicycles or any other means of transport.
Article 3.
In the experiential concepts where Brut BV provides vehicles to participants, whether bikes, golf carts, or any other means of transport, it constitutes a rental of movable goods as described in Articles 1708 and 1709 of the Old Civil Code and further.
By reserving and paying for one or more vehicles in any manner, via email or through the Brut BV webshop, a rental agreement for movable goods is concluded, and the renter agrees to the current terms and conditions.
The conclusion of a rental contract implies that the “green cart” (or any rented vehicle) remains the exclusive property of Brut BV during the rental period.
The renter is not allowed to lend, sublease, or transport the cart by vehicle without prior written permission from Brut BV.
Article 4.
The renter chooses their driver. Unless it is mutually agreed with written consent (to be demonstrated by the renter) with Brut BV that Brut BV designates a driver.
The renter is, together with the driver, liable towards Brut BV for any damage to the vehicle.
For the rental of the carts, the renter is only allowed to let drivers drive who are at least 18 years old and possess a valid driving license B, in accordance with federal and/or regional traffic legislation or a recognized equivalent foreign driving license for a minimum of 2 years.
The green carts are available for hire on the route predetermined by Brut BV for 3 to 4 hours.
The renter knows they can download the chosen route in advance via communication sent before the activity. The renter and their driver commit to following that route.
The renter is only insured on the fixed route. Deviating from the set route is not allowed (except in cases of force majeure which the renter must prove).
A maximum of 4 people (including adults, children, and babies) may ride per green cart. Allowing more than 4 people in such a cart constitutes an error on the part of the renter. They must take responsibility for the consequences of that error.
Article 5.
The renter can pick up the green cart on the reserved day and time at the operating base of Brut BV. The renter acknowledges, by using the cart, that they have been fully informed about the operation of the green cart at the time of collection.
The same applies to other modes of transport that may be rented by Brut BV.
The vehicles (carts/bikes) are handed over by the lessor Brut BV to the renter in good condition, free of damage. They meet all government-imposed requirements to participate in traffic.
The renter acknowledges receiving the vehicle in good condition and without damage by unconditionally and unreservedly using it.
Vehicles powered by a battery are delivered to the renter with a sufficiently charged battery for the booked route.
The vehicles must be returned within the rental period (3 or 4 hours) and in the same impeccable state as when Brut BV handed them to the renter at the beginning.
Article 6.
The renter is liable for damage to the vehicle. If the vehicle is returned by the renter with damage, the renter must account for that. Upon returning with damage, the renter agrees to a damage report being drawn up. The costs are fully charged to the renter. Rates for damaged parts are calculated based on the rates applicable at that time. The labor wage for repairs is €35/hour (excluding VAT). The renter expressly agrees to this.
Since it concerns a rental contract, it is the responsibility of the renter to return the item in the same condition at the end of the rental as when the vehicle was received. If third parties have damaged the vehicle, it is the full responsibility of the renter to arrange with those third parties as the circumstances require. The lessor Brut BV has no involvement in this matter and is completely outside of it.
For late return of the vehicle, the renter pays an extra hourly rate per started hour of €100.00 (rate for green carts) for each overdue returned cart.
Article 7.
The driver (designated by the renter) must adhere to the applicable laws on-site and respect the traffic regulations at all times.
Never can the lessor be held responsible for violations of the traffic law committed by the renter or the driver they allowed to operate the rented vehicle, nor for any damage or fines resulting from such violations.
The renter expressly acknowledges that when selecting a driver, they ensure that the driver operates the vehicle with respect for traffic rules. Among the lessor, the renter and driver are jointly and indivisibly liable for the consequences of not following traffic rules. Concerning third parties, this liability is governed by common law.
Never can the renter/driver seek recourse against the lessor for not following traffic rules, whether consciously or unconsciously, by any fault whatsoever. This forms an exoneration of liability accepted by the renter/driver in the broadest sense, in favor of the lessor.
In addition to adhering to traffic rules, the renter is expected to handle the green cart and every rented item responsibly. The green cart is considered a car, and the driver must therefore adhere to the road code for cars.
Article 8.
If the renter notices a problem during the ride, they should immediately contact Brut BV by phone. If the problem cannot be resolved over the phone, the organization will send a technician on-site. This roadside assistance service is free if the vehicle is on the prescribed route. However, if the renter has deviated from the route without prior written confirmation, the intervention of the technician will be charged. Under no circumstances can the renter claim damages or interest for use problems during the rental period.
Article 9.
All motorized vehicles are insured for damage to third parties, albeit with an excess of €125. This excess can never be borne by the lessor. The renter indemnifies the lessor for this. In the event of an accident, the renter must immediately inform the lessor about this. The renter is prohibited from moving in the event of an accident with serious damage. Additionally, every accident must be reported. When another party is involved, as well as in the event of serious damage, the police are always notified so that they can draw up an official report on-site.
Article 10.
In case of loss or theft of the green cart, the renter is obliged to report this immediately to the lessor and the police. The renter is liable for the loss and/or theft, except in the case of force majeure. No force majeure is accepted if the renter no longer has possession of the key.
Article 11
The wine safaris by green cart offered by Brut BV are weather-resistant since the carts are covered. In the event of extreme weather, the tour will continue with an alternative means of transport. The wine safaris by bike and on foot are weather-dependent. Cancellations in case of bad weather are made in consultation on the same day or possibly the day before. Paid deposits can be used for rescheduling at a later date.
Article 12
Brut BV cannot be held liable for the consequences of any error on the part of itself or any of its employees.
Article 13
If there are multiple renters, all the obligations described above apply to all renters together, jointly. In case of non-compliance with the obligations by one or more renters, joint liability occurs among the different renters toward the lessor.
Article 14
In case of rescheduling, no costs will be charged. When canceling a booking, an administrative fee of 15% is applied to the refund amount.
Article 15
All disputes are resolved under Belgian law and fall under the exclusive jurisdiction of the judicial district of Limburg.
