General Terms and Conditions
Article 1. Definitions
In these General Terms and Conditions, the following terms, always indicated with a capital letter, will have the following shown:
a) General Terms and Conditions: this document, as well as any integral additional provisions belonging thereto, in accordance with Article 3.1.
b) MyWheels: the private company Wheels4all B.V., established at Keizersgracht 264, 1016EV in Amsterdam, registered at the Chamber of Commerce under number 37133089.
c) the Website: MyWheels.nl.
d) Participant: any natural or legal person who registers as a Participant on the Website or who intends to so register. Participants are Suppliers or Hirers.
e) Supplier: a Participant who has offered a Vehicle on the Website or intends to do so with a view to concluding agreements regarding the temporary renting of said Vehicle. MyWheels can itself also act as a Supplier of Vehicles.
f) Hirer: a Participant who has placed a reservation via the Website or intends to do so, or who has concluded a Hire Agreement or intends to do so.
g) Vehicle: every sort of means of transport, whether powered by an engine or not, such as Cars but also bicycles, freight bicycles, motorised bicycles, mopeds, scooters, and so on, that are the subject of a Hire Agreement or are being offered by a Supplier in the context of a prospective Hire Agreement.
h) Car: private or company car with, if agreed, a trailer, roof box, bicycle carrier, roof rack, and other conventional equipment.
i) Booking: the confirmation on the Website of the established Hire Agreement.
j) Hire Agreement: an established agreement between a Supplier and Hirer via the Website in relation to the temporary use by the Hirer, for payment, of a Vehicle posted by the Supplier on the Website.
k) Hire Payment: the payment owed by the Hirer to the Supplier based on the duration of use of the Vehicle, the number of kilometres driven, and the daily rate listed on the Website at the time of the reservation, as well as the mediation costs payable to MyWheels.
l) Hire Terms and Conditions: the standard terms and conditions offered by MyWheels for the use of a specific type of Vehicle, available on the Website.
Article 2. About MyWheels
MyWheels operates, under the trading name of ‘MyWheels’, an online mediation platform that enables Participants to conclude individual Hire Agreements in relation to the temporary use of Vehicles. The online mediation platform is situated on a protected part of the Website, accessible for registered Participants by means of log-in details obtained from MyWheels. Use of the protected part of the Website is not permitted without having previously been admitted thereto as a Participant by MyWheels.
MyWheels undertakes, in the context of the operation of the Website and the Hire Agreements, and supplementary to the provisions in paragraph 1, to provide the following services:
a) MyWheels administers the Booking(s);
b) MyWheels administers the data provided by Participants for determining the Hire Payment;
c) MyWheels draws up the invoice for the Hirer and collects payment thereof;
d) MyWheels pays the Hire Payment, minus the agreed mediation fee due to MyWheels, to the Supplier;
e) MyWheels sets down the applicable terms and conditions between Hirer and Supplier in relation to the hiring of the Vehicle;
f) In cases where a Vehicle is shared, MyWheels acts as intermediary for the purpose of Vehicle insurance cover, with the proviso that said cover is concluded between the Hirer and the insurance company; MyWheels is not party to said cover;
g) MyWheels helps promote and provides information in relation to the sharing of Vehicles. h) MyWheels is not party to Hire Agreements between the Supplier and the Hirer and does not guarantee that the Supplier or the Hirer will actually correctly and completely implement Hire Agreements.
Article 3. Applicability
These General Terms and Conditions apply to each use of the Website by Participants and any resulting legal relationships between MyWheels and Participants on the one hand and Hirers and Suppliers on the other. These General Terms and Conditions may be viewed on the Website. The Hire Terms and Conditions that relate to the type of Vehicle that is the subject of the the Hire Agreement form an integral part of these General Terms and Conditions and are also available for viewing on the Website. The definitions used in these General Terms and Conditions as referred to in Article 1 are also to be applied for the purpose of interpreting the terms in the Hire Terms and Conditions. All appendices to which reference in these General Terms and Conditions is made form an integral part of these General Terms and Conditions. This concerns the following appendices: "MyWheels List of Rates", "Reservation and booking manual", "Vehicle Manual", and the "Locking and Unlocking Manual", if the Vehicle in question is a Car.
Any natural person or legal person using the Website, and in particular registering as a Participant, accepts the applicability of these General Terms and Conditions. The text of these General Terms and Conditions (and therefore also of the Hire Terms and Conditions) shall be made available to Participants on the Website, to enable Participants to store them conveniently on a sustainable data carrier.
Deviations from the provisions in these General Terms and Conditions are only allowed expressly, in writing, and with the prior written consent of MyWheels. In such cases, the applicability of the other provisions shall continue to apply in full.
All rights and claims, as contained in these General Terms and Conditions and in any subsequent agreements made on behalf of MyWheels, shall apply equally to intermediaries and other third parties engaged by MyWheels, including Participants.
MyWheels has the right to amend these General Terms and Conditions at all time. The amended terms and conditions shall apply as soon as they have been published on the Website, with the proviso that the amended terms and conditions shall not apply to Hire Agreements concluded prior to publication of the amended terms and conditions.
Article 4. Participant, Supplier, and Hirer
Any natural person or legal person may use the Website to register as a MyWheels Participant.
Participants have the following rights:
a) As a Supplier, to post one or more Vehicles on the Website with the aim of concluding a Hire Agreement with a Hirer for a certain period of time, in relation to said Vehicles. The maximum number of Vehicles that a Supplier may offer simultaneously on the Website is three, unless MyWheels has given its prior written consent to the Supplier to post more than three Vehicles, and;
b) As a Hirer, to enter into Hire Agreements via the Website with a Supplier in relation to the relevant Vehicle posted by the Supplier on the Website.
To be admitted as a registered MyWheels Participant, applicants should meet at least the following requirements. They:
a) must have reached the age of eighteen (18) years;
b) must be able to prove they reside in the Netherlands;
c) must be able to prove they have a bank account with a bank in the Netherlands;
d) must be reachable by email;
e) must make available a Certificate of Conduct (‘Verklaring Omtrent het Gedrag’) if MyWheels so requests;
f) must be in possession of a valid driving licence.
Before a registered Participant is able to offer and hire Vehicles using the Website, MyWheels checks some of the Participant’s personal data with the help of a secure connection at RentalCheck B.V. MyWheels receives no other information from said checks other than the results thereof, which consists of a recommendation on whether or not to admit the prospective Participant as a registered Participant.
Any Participant who posts a Vehicle on the Website as a Supplier guarantees that, for the duration of said posting, at least for the duration of the Hire Agreement:
a) the Vehicle is their property or is being leased by them and that they are authorised to allow third parties to use it;
b) the Vehicle meets all legal requirements and has passed all the tests required by law, such as the APK (MOT);
c) the Vehicle is covered at least by third party insurance;
d) all taxes relating to the Vehicle have been paid, such as road tax;
e) the Vehicle is in good working order and that the Supplier is not aware of any defects to the Vehicle that could make it unsuitable for its intended use.
The Supplier is responsible for the accuracy of the information they post on the Website and/or makes available to MyWheels or Hirers by any other means.
The entering into Hire Agreements for an indefinite period via the Website is not permitted.
A Supplier may not make agreements with a Hirer that are in addition to those in a Hire Agreement between the Supplier and the Hirer based on these General Terms and Conditions. Suppliers are also prohibited, without the prior written consent of MyWheels, to disclose to third parties, in any way whatsoever, that they have entered into any kind of partnership with MyWheels.
A Hirer may designate another person as a co-hirer. Co-hirers should be registered via MyWheels.nl. The provisions in these General Terms and Conditions and Hire Agreement shall apply in full to the co-hirer, with the proviso that Hirer and co-hirer are jointly and severally liable for all payment obligations on the Hirer that arise from these General Terms and Conditions and the Hire Agreements entered into by the Hirer.
MyWheels is entitled at all times to request information from third parties about the Participant and about Vehicles posted on the Website.
MyWheels is entitled at all times, without stating any specific reason:
a) to refuse to register an applicant as a Participant or to impose additional requirements to the awarding of the status of registered Participant;
b) to deny the rights arising from being a registered Participant for a finite period of time or to expel a Participant;
c) to remove the information about a Vehicle for a finite or indefinite period of time, either wholly or in part, from the Website.
Participants are not allowed to create more than one account on the Website. Participants are themselves responsible for the consequences of how their password and username are used, including the establishment of a Hire Agreement, even if a third party has gained unauthorised access thereto. MyWheels assumes that a Participant is actually the party who logs on with their password and username. As soon as a Participant suspects that their password or username have been acquired by unauthorised parties, the Participant should immediately notify MyWheels. The Participant is also obliged to take effective measures themselves in relation to the matter, such as changing their password.
The information provided by the Participant for the Website during the registration process will be stored in a secure database and processed in accordance with the relevant privacy legislation.
Participants are liable to payment of a fee to MyWheels, as stated in the MyWheels List of Rates.
Participants may terminate their participation in MyWheels via the Website, by email, or by letter. These General Terms and Conditions continue to apply to actions carried out by the Participant before termination of their participation.
Article 5. Supply
Whenever a Participant posts a Vehicle on the Website, they must include, to the extent that the information applies to the Vehicle in question:
a) the make, model, registration number, colour, and the type of fuel that the Vehicle uses;
b) any special information regarding the Vehicle, such as the presence of a tow bar, automatic transmission, air conditioning, its maximum load capacity, number of seats, and so on;
c) any particular regulations or restrictions in relation to the use of the Vehicle;
d) a description of the condition of the Vehicle, including any existing damage and defects;
e) the period or periods in which the Vehicle is available;
f) subject to the provisions in the next sentence, the rate set by them for using the Vehicle per hour and per day, as well as the rate for each kilometre driven (including fuel consumption). The minimum hourly and daily rates are €1.50 and €15 respectively. Discounts for journeys may be stated before a Hire Agreement is entered into, by means of a discount code. Thereafter, no discount codes may be given or discounts claimed.
g) how the Vehicle is insured, with reference to the prevailing terms and conditions of the insurance policy.
Article 6. Reservation and Booking
A Hirer may reserve a Vehicle on the Website by stating the period of the intended reservation, as well as the purpose of the journey and any other relevant information. The reservation is sent by MyWheels to the Supplier for acceptance or refusal, unless the Supplier has stated that MyWheels may accept reservations from every or only certain Hirers on behalf of the Supplier. Any such statement shall be regarded as authorisation by the Supplier to MyWheels for concluding a Hire Agreement, in which case the involvement of MyWheels shall not extend beyond that of mediating for the Hire Agreement in question.
A Participant wishing to reserve a Vehicle through the Website should be in possession a driving licence valid in the Netherlands, required for using the Vehicle in question.
Deposit: a Vehicle may be reserved through the Website and booked with or without a deposit. a) In the event of a deposit being paid, the amount is that stated on the MyWheels List of Rates. The deposit is paid to MyWheels and serves as a guarantee for payment obligations of the Hirer that arise from these General Terms and Conditions and Hire Agreement. No interest shall be paid in relation to a deposit. If a Participant has no imminent plans to reserve a Vehicle, they may ask for their deposit to be returned. The deposit will be settled against any outstanding payments still owed by the Participant and will be paid no later than 30 days after the date of the most recent invoice. The deposit shall apply for the duration of the participation and shall be returned to the Participant upon termination of their membership. b) If hiring is done without payment of a deposit or on the basis of a Go Hire Agreement, a fee should be paid in advance of any Hire Agreements being entered into, to be determined by MyWheels on the basis of the estimated number of kilometres to be driven. If the number of kilometres is greater than the estimated number, the balance will be payable on a pro rata basis, and on the basis of a subsequent calculation. If the number of kilometres is less than the number estimated, then the excess charged will be added to the Hirer’s outstanding journey balance, which can then be used to finance future journeys by the Hirer. The Hirer may also have the excess paid into their bank account. Any Hirer hiring without a deposit must purchase a reduction of the insurance excess, in accordance with the provisions of the MyWheels List of Rates.
The Hire Agreement is established if and as soon as the reservation by the Hirer has been expressly accepted by or on behalf the Supplier. If the Supplier and Hirer agree on a use as part of the Hire Agreement that deviates from that stated in the relevant offer on the Website, they must both immediately notify MyWheels of the fact by email, stating the deviations in question.
MyWheels is entitled at all times not to process reservations or their acceptance thereof or to attach special conditions thereto.
MyWheels reserves the right, in relation to the renting out of certain Vehicles, to impose a minimum age for the Hirer that is different to that stated in the provisions in Article 4.3 under a.
The Hirer may revoke a reservation as long as it has not been accepted by the Supplier.
The Hirer is responsible for ensuring that the Vehicle is sufficiently and provably insured against damage for the period that the Vehicle is at the Hirer’s disposal, with an insurance excess no greater than that stated on the MyWheels List of Rates. The insurance excess is age-related and also based on the Hirer’s history of past claims known to MyWheels or the insurance company and may (possible in part) be bought off in accordance with the rates stated on the MyWheels List of Rates. The hiring of a Vehicle entails the driving of the Vehicle, actions related to the Vehicle (such as filling with fuel, loading and unloading, carrying out repairs, etc.), as well as items or people carried in the Vehicle. Establishing whether the Vehicle is sufficiently insured is the responsibility of the Supplier. Additional insurance cover may be taken out through the Website. The Hirer and Supplier are responsible for ascertaining the content of the insurance policies that apply to the Vehicle and the Hire Agreement, including the relevant terms and conditions of the insurance policy. MyWheels is never party to the insurance agreements in relation to the Vehicle or the Hire Agreement, even those concluded through the mediation of MyWheels. Any damage claims are to be dealt with by the Hirer, Supplier, and the insurance company between themselves. MyWheels accepts no liability whatsoever for damage not covered by the insurance policy or for damage for which no appropriate insurance cover has been taken out. The Hirer and Supplier indemnify MyWheels with regard to any claims by third parties, including in particular the Supplier and/or the Hirer, as the case may be.
Article 7. Hire Agreement
Hire Agreements are entered into in accordance with the conditions, regulations, and restrictions stated with the Vehicle on the Website, these General Terms and Conditions, and with specific regard to the provisions in Article 6.4, second sentence of these General Terms and Conditions. Through the establishment of the Hire Agreement, the Supplier and Hirer accept the provisions in the foregoing sentence.
Hire Agreements are entered into in accordance with the suspensory condition that throughout the period of the Hire Agreement, and therefore from the time at which the Vehicle is used by the Hirer, the Vehicle is provably sufficiently insured, as meant under Article 6.8. This is all on the understanding that MyWheels bears no liability in the event of the Supplier and Hirer implementing the Hire Agreement without sufficient insurance cover.
The Hire Agreement is entered into between the Hirer and Supplier; the involvement of MyWheels does not extend beyond mediating Hire Agreements. Any damage to the Vehicle that has already been sustained at the time of entering into the Hire Agreement should be mentioned by the Supplier on the Hire Agreement.
The Hirer and Supplier are not permitted to make agreements in addition to or in derogation of the Hire Agreement, including about an additional deposit.
If the Hirer cancels the Hire Agreement, they shall be liable for cancellation charges in accordance with the provisions of the MyWheels List of Rates. The cancellation charges will be automatically invoiced by MyWheels and not paid to the Supplier.
If the Supplier cancels the Hire Agreement, they shall be liable for cancellation charges. They consist of the rental costs including any additional costs incurred by the Hirer for replacement transport via MyWheels. These cancellation charges will be automatically invoiced by MyWheels and not paid to the Hirer.
A fee is payable by the Hirer to the Supplier for the use of the Vehicle. This fee, which forms part of the Hire Payment, is determined in accordance with the provisions of the MyWheels List of Rates.
The Supplier and the Hirer will implement the Hire Agreement accurately and meticulously.
The Supplier is obliged to make the Vehicle available to the Hirer for the duration of the Hire Agreement.
The Hirer is obliged to conduct themselves with regard to the use of the Vehicle in a manner befitting a good Hirer.
The Hirer is authorised to use only the agreed Vehicle about which agreement has been reached and is obliged to return the Vehicle at the end of the Hire Agreement to the Supplier in the condition in which the Hirer received the Vehicle at the start of the Hire Agreement.
Exceeding the agreed hire period is not permitted. In the event of any such excess, the Hirer should contact the Supplier and should not use the Vehicle after the end of hire period, as this will affect the insurance cover. The Hirer is fully liable for any damage sustained as a result of any failure on their part to comply with their obligations as meant in the text preceding this paragraph. The Supplier indemnifies MyWheels regarding all his claims against the Hirer.
In derogation of the provisions of the previous paragraph, the Hire Agreement may be extended. If MyWheels is the Supplier, an extension via MyWheels.nl or in the MyWheels app will suffice. Any extension to a Hire Agreement shall be deemed to be a new Hire Agreement.
The Hirer is liable for any defects or any other damage sustained by the Vehicle or inflicted on the Vehicle, or for loss or theft of the Vehicle during the period that Vehicle is at their disposal. The Hirer is obliged to immediately bring the damage to the attention of the Supplier and MyWheels and to truthfully complete and sign a claim form, and to send it to MyWheels.
The Hirer is liable for the consequences of any unauthorised use of their account on the Website and related password, including payment of the hire fee as a result of the establishment of a Hire Agreement through said unauthorised use.
Article 8. Dissolution of Hire Agreements
The Supplier has the right to dissolve the Hire Agreement without notice of default or legal intervention and to regain possession of the Vehicle, notwithstanding their right to payment for the costs, damage, and interest if:
a) The Hirer fails to comply, either wholly or in part, with their obligations in the Hire Agreement, or fails to do so in time, unless such failure does not reasonably justify the dissolution and its consequences
b) The Hirer dies, is put into receivership, requests (provisional) suspension of payments, is declared bankrupt, or the Debt Management (Natural Persons) Act is deemed applicable to them;
c) The Supplier becomes aware of facts of such a nature that, were the Supplier to have been aware of them at the time of entering into the Hire Agreement, they would not reasonably have entered into the Hire Agreement.
The Hirer shall cooperate in full to ensure that the Supplier regains possession of the Vehicle.
If the Hirer dies before the agreed period of use of the Vehicle begins, the Hire Agreement shall be dissolved without notice of default or legal intervention.
The Supplier shall not be liable to the Hirer for damage resulting from a dissolution of the Hire Agreement in accordance with this article.
Article 9. Fees and payment
The Supplier hereby irrevocably grants MyWheels the right to exercise, in its own name and to the exclusion of the Supplier, the rights arising from the Hire Agreement.
No later than twenty-four (24) hours after the end of the Hire Agreement, the Hirer shall inform MyWheels of:
if applicable: any damage sustained.
After receipt of the full details referred to in the previous paragraph, MyWheels shall draw up a draft invoice and issue it to the Hirer and Supplier, which draft invoice shall be based on the information received and the rate stated on the Website with the Vehicle at the time of the reservation.
If the Supplier or Hirer objects to the draft invoice referred to in the previous paragraph, notice must be given hereof within seventy-two hours (3 x 24 hours) of the end of the Hire Agreement via the Website, in the manner prescribed by MyWheels. If MyWheels receives no such notice during this period, it will be assumed that neither the Hirer nor the Supplier has any objections to the draft invoice, and any claims relating to the accuracy of the invoice shall lapse and the invoice shall be designated as definitive.
Payment of the Hire Payment to the bank account of MyWheels should be made within ten (10) days of receipt of the invoice in question.
The Hirer shall not be excused from their payment obligation by paying the Supplier or a third party directly.
MyWheels is authorised to deduct what the Hirer owes to the Supplier or MyWheels in accordance with a Hire Agreement or these General Terms and Conditions from the deposit, with observance of the following sequence:
a) payment for damage to the Vehicle that is not covered by the insurance up to the insurance excess;
b) payment of the amount owing to the Supplier in the context of the Hire Agreement ;
c) payment of the mediation fee owed to MyWheels;
d) fines for traffic offences;
e) penalties for ‘incorrect use’ in accordance with the provisions on the MyWheels List of Rates.
The Hirer is obliged to supplement the deposit within seven (7) days of receiving notice to that effect from MyWheels to the amount that they still owe MyWheels.
Fuel receipts should be sent to MyWheels within five (5) days of the relevant purchase; failure to do so will result in the purchase not being reimbursed.
Failure to pay or to pay on time shall result in the Hirer being in default by operation of law. From the date of default, the Hirer shall be liable for payment of the legal interest on the outstanding amount.
All reasonable costs, such as legal, out-of-court, and enforcements costs incurred in order to obtain the amounts owed by the Hirer shall be borne by the Hirer.
If the Hirer is a natural person not operating in the context of an occupation or company, MyWheels will for this reason, in the event of default on payment by the Hirer, not impose additional costs on the Hirer until after the Hirer has been unsuccessfully reminded to make payment in full up to fourteen (14) days after receipt of said reminder.
Article 10. Liability
MyWheels shall in no way be liable to the Supplier or Hirer for any shortcoming in compliance with the Hire Agreement or these General Terms and Conditions by Supplier or Hirer vis-à-vis MyWheels or each other.
MyWheels shall in no way be responsible for accuracy of the information provided by the Supplier or Hirer, or for their actions or negligence.
The Supplier and Hirer indemnify MyWheels with regard to all liability claims by third parties, including and in particular the Hirer or Supplier, with regard to the use of the Website, the implementation of Hire Agreements, information provided by the Supplier and Hirer, and the use of data by the Supplier or Hirer.
MyWheels shall never be liable for the non-functioning or incorrect functioning of the Website.
MyWheels shall not be liable for the late or unclear conveyance of information or for obvious spelling errors, regardless of the origin of the information or to whom the information is provided.
Participants guarantee that all the information provided by them is accurate and not misleading, to MyWheels, other Participants, and any other third parties. Participants shall refrain from posting insulting, threatening, malicious, or defamatory information.
The liability limits on MyWheels in these General Terms and Conditions shall not apply if the damage has occurred as a result of intent or deliberate recklessness on the part of MyWheels.
Article 11. Complaints, disputes, and applicable law
Complaints relating to services provided by MyWheels should be described clearly and in full within a reasonable period of time after the discovery of the shortcoming and be submitted to the MyWheels management by email or by using the contact form on the Website. The management shall respond no later than fourteen (14) days after receipt of the complaint or will inform the complainant that it requires more time in order to deal properly with the complaint.
If a dispute between a Participant and MyWheels cannot be resolved in mutual consultation the Participant may submit the dispute to the disputes committee via the ODR platform (https://ec.europa.eu/consumers/odr/).
In the event of a difference of opinion between a Supplier and a Hirer regarding the establishment or the implementation of a Hire Agreement, about which they have been unable to find agreement, they may submit their dispute for mediation to the MyWheels management by email or by using the contact form on the Website. Requests for mediation may be made by the Hirer and Supplier jointly or by either one. The management will attempt to deal with any such request no later than fourteen (14) days after receipt thereof.
The Hirer and Supplier shall not refer their dispute to the courts before submitting it for mediation to the management of MyWheels and the management has terminated its attempt at mediation and informed the Hirer and Supplier of the fact.
Use of the Website and established Hire Agreements shall be subject solely to the laws of the Netherlands.
Unless stipulated otherwise by law, all legal disputes involving MyWheels shall be submitted solely to the competent court in Amsterdam.
Version dated July 2017