Algemene voorwaarden Brut Terroir
General terms and conditions Brut Terroir
Article 1. acceptance
Each participant acknowledges having read, understood and accepted these general terms and conditions. Participation in an activity of Brut BV implies acknowledgement, 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 the participant an experience tour (tour or walk) with wine growing as main or secondary subject. Brut BV strongly disapproves of the consumption of alcoholic beverages that impair the driving ability of drivers of vehicles. Under no circumstances should it be understood by a driver of a vehicle that Brut BV is encouraging the driver to consume beverages that impair driving ability. Brut BV has no such intention, nor do its proposed concepts. Brut BV emphasises that drivers of vehicles should not consume alcoholic beverages when participating in a tour as a driver. Non-alcoholic drinks are always provided, for exactly that reason.
All this applies regardless of whether it is about the rental of green cars or bicycles or any other means of transport.
In the experience concepts in which Brut BV makes vehicles available to the participants, be it bicycles or golf carts or any other means of transport, there is, as far as those means of transport are concerned, a rental of movable property as described in art. 1708 and 1709 Old Civil Code and further.
Therefore, by reserving and paying for one or more vehicles in any way, by mail or on the webshop of Brut BV, a rental agreement for movable property comes into being and the hirer declares to agree with the present terms and conditions.
The conclusion of a hire contract implies that the “green trolley” (or any hired vehicle) remains the exclusive property of Brut BV during the hire period.
The hirer is not allowed to lend, sublet or transport the trolley with a vehicle without the prior and written consent of Brut BV.
The hirer itself chooses its director. Unless by written agreement (to be proven by the hirer) with Brut BV, it is agreed that Brut BV will appoint a driver.
Together with the driver, the hirer is liable to Brut BV for damage to the vehicle.
For the rental of the trolleys, the hirer may only allow drivers who are at least 18 years old and have a full driving licence B, valid according to federal and/or regional traffic laws or an equivalent foreign driving licence recognised by the government.
The green trolleys can be hired for the route determined by Brut BV for 3 to 4 hours.
The hirer knows that he can download the chosen route in advance via communication sent prior to the activity. The hirer and his driver undertake to follow that route.
The hirer is only insured on the fixed route. Deviation from the fixed route is not allowed (except in cases of force majeure, which the hirer must prove).
Each green trolley can carry a maximum of 4 persons (adults as well as children/babies). Allowing more than 4 people to take place in such a trolley constitutes an error on the part of the hirer. He is responsible for the consequences of this error.
The hirer can collect the green trolley on the reserved day and time at the Brut BV headquarters. By using the trolley, the hirer acknowledges that he was fully informed about the functioning of the green trolley when he collected it.
The same applies to other means of transport that may be rented by Brut BV.
The vehicles (trolleys/bikes) are handed over by the lessor Brut BV to the hirer in good condition. Free of damage. They comply with all government-imposed requirements to participate in traffic.
The hirer acknowledges having received the vehicle in good condition and free of damage by its unconditional and unreserved use.
Battery-powered vehicles are delivered to the hirer 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 condition as Brut BV gave it to the hirer in the beginning.
The renter is liable for damage to the vehicle. If the vehicle is returned by the renter with damage, the renter must vouch for this. If the vehicle is returned with damage, the renter agrees that a damage report shall be drawn up. The costs will be recovered in full from the renter. Rates for damaged parts are calculated on the basis of the rates in force at the time. The work rate for repairs is €35/hour (ex VAT). The lessee expressly agrees to this.
As this is a rental contract, it is the responsibility of the hirer to return the vehicle at the end of the rental period in the same state in which it was received. Should third parties have damaged the vehicle, it is the full responsibility of the hirer to settle with those third parties as the circumstances require. In any case, the lessor Brut BV never has any dealings with them and is completely unaffected by them.
In the event of late return of the vehicle, the hirer shall pay an additional hourly rate of € 100.00 (rate for green trolleys) per vehicle trolley returned late.
The driver (i.e. designated by the hirer) shall at all times comply with the locally applicable legislation and respect traffic regulations.
The lessor can never be held liable for violations of traffic laws committed by the hirer or the driver he has allowed to drive the hired vehicle, nor for any damage and/or fines resulting from such violations.
The hirer expressly acknowledges that when choosing a driver, he is aware that the driver will drive the vehicle with respect for the traffic rules. With regard to the lessor, the hirer and driver are jointly and severally liable for the consequences of not observing the traffic rules. Liability towards third parties is governed by common law.
At no time can the hirer/driver recover from the lessor for not following the traffic rules, be it consciously or unconsciously, through whatever fault. This constitutes an exoneration of liability in the broadest sense accepted by the hirer/driver in favour of the lessor.
Besides respecting the traffic rules, the hirer is expected to treat the green trolley and any rented property in a responsible manner. The green trolley is considered to be a car and the driver must therefore comply with the Highway Code for cars.
If the hirer notices a problem during the ride, he will immediately contact the Brut BV by telephone. If the problem cannot be solved by telephone, the organisation will send a technician on site. This breakdown service is free of charge if the vehicle is on the prescribed route. However, if the hirer has deviated from the route – without prior written confirmation – the intervention of the technician will be charged. Under no circumstances can the hirer claim damages or interest for operating problems during the hire period.
All motorised vehicles are insured for damage to third parties, albeit with an exemption of € 125. The hirer indemnifies the lessor for this. In the event of an accident, the lessee shall immediately inform the lessor. The lessee is prohibited from moving in the event of an accident with serious damage. A report must also be made of any accident. If another party is involved, as well as in case of serious damage, the police shall always be notified as well, so that they can draw up an official report on the spot.
In case of loss or theft of the green trolley, the hirer is obliged to immediately report this to the lessor and the police. The hirer is liable for the loss and/or theft except in case of force majeure. No force majeure will be accepted if the hirer is no longer in possession of the key.
Wine safaris by Brut BV green trolleys are weatherproof as the trolleys are covered. In the event of severe weather, the tour will continue with an alternative means of transport. Wine safaris by bicycle and on foot are weather-dependent. Cancellations in case of bad weather are made by mutual agreement on the day itself or possibly the day before. Advance payments may be used to reschedule on a later date.
Brut BV cannot be held liable for the consequences of an error made by itself or one of its employees.
If there are several tenants, all commitments described above apply to all tenants together, jointly and severally. In case of non-compliance with the obligations by one or more tenants, the various tenants will be jointly and severally liable towards the lessor.
All disputes are settled under Belgian law and fall under the exclusive jurisdiction of the judicial district of Limburg.