GENERAL RENTAL TERMS AND CONDITIONS “THIJSEN RENTAL”

Article 1. General provisions and rental period
1.1. These rental terms and conditions apply to every rental offer issued by and every rental agreement entered into by Thijsen Autoparts Alken NV, a public limited company incorporated under Belgian law, with its registered office at Meerdegatstraat 153a, 3570 Alken, and company number 0401.328.293, referred to herein as “Thijsen Rental”.
1.2. The Renter’s order placed through the Thijsen Rental website constitutes acceptance of these general rental terms and conditions of Thijsen Rental. Special provisions that deviate from the rental terms and conditions of Thijsen Rental shall only be binding if they have been agreed upon in writing. Thijsen Rental only accepts the applicability of general or special terms and conditions of the Renter and/or third parties if this has been expressly agreed upon in writing.
1.3. These rental terms and conditions apply to all rental periods of the Renter and to any extensions or renewals of the rental.
1.4. The rental period begins on the date on which the rented goods are installed by Thijsen Rental and ends on the date on which the rented goods are returned. Each rental period has a minimum duration of 4 days. For rented goods returned after the ordered rental period, an additional rental charge equal to 1/5 of the weekly rental price of the rented goods shall be charged for each commenced calendar day of delay. If the rented goods are returned before the end of the ordered rental period, the agreed rental price shall remain applicable and no refund or discount shall be granted.
Article 2. Offers
2.1. All offers on the Thijsen Rental website are non-binding, unless expressly stated otherwise.
2.2. The offer shall only be considered accepted after receipt of the rental price payable for the rented goods (in cash, by bank transfer or electronically through the website), increased, where applicable, by the deposit (in cash, by bank transfer or by means of a guarantee through the blocking of an amount on a credit card) and any additional Cancellation Waiver, Damage Waiver or services. Rental orders entered by the Renter through the website that are to be installed within the first 7 days following the order shall only be accepted subject to the availability of the relevant rented goods. If the goods are unavailable, Thijsen Rental may cancel the rental without the Renter being entitled to compensation.
2.3. The subject matter of the rental agreement is limited to what is included in the acceptance of the order. If the ordered goods are unavailable on the installation date for any reason whatsoever, Thijsen Rental shall provide an appropriate alternative without the Renter being entitled to compensation or a price reduction.
Article 3. Prices and payment
3.1. Prices are stated in euros and always include VAT. The rental prices are based on the ordered rental period.
3.2. Full payment of the price for the rented goods, increased, where applicable, by the deposit or a guarantee through the blocking of an amount on a credit card and any additional Cancellation Waiver, Damage Waiver or services, must be made at the time of ordering.
3.3. If the Renter is required to make an additional payment, for example if the deposit is insufficient in the event of more extensive damage, the Renter shall make this additional payment immediately.
3.4. If an invoice issued by Thijsen Rental remains unpaid on its due date, Thijsen Rental shall initially send a first payment reminder free of charge, without any additional costs or interest. The Renter shall subsequently have 14 calendar days to make payment. This period of 14 calendar days shall commence on the third working day following the dispatch of the payment reminder or, if the payment reminder is sent electronically, on the day following its dispatch.
3.5. If the Renter has still not paid after the 14 calendar days referred to in Article 3.4., the Renter shall be required to pay default interest from the calendar day following the date of the first payment reminder, at the statutory interest rate applicable at that time, increased by 8 percentage points (for the second half of 2023, this rate amounts to 12%), together with fixed compensation calculated as follows:

• outstanding balance up to EUR 150: EUR 20;
• outstanding balance between EUR 150.01 and EUR 500: EUR 30 plus 10% of the outstanding invoice amount within the bracket between EUR 150.01 and EUR 500;
• outstanding balance from EUR 500.01: EUR 65 plus 5% of the outstanding invoice amount within the bracket above EUR 500.01, up to a maximum of EUR 2,000.

Article 4. Cancellation and Cancellation Waiver – Return policy
4.1. Every cancellation must be made by the Renter by sending an email, with the burden of proof of dispatch resting with the Renter, to the following email address: rental@thijsen.be.
4.2. If the Renter cancels the order up to 10 working days before the rental start date, an administrative fee of EUR 50 shall be charged.
4.3. If the Renter cancels the order between the 10th and the 5th working day before the rental start date, a fee equal to 50% of the total rental cost shall be charged, excluding the Damage Waiver and the cleaning fee, which shall be refunded in such a case, with a minimum fee of EUR 50.
4.4. If the Renter cancels the order during the final 5 working days before the rental start date, the full rental cost shall be charged, excluding the Damage Waiver and the cleaning fee, which shall be refunded in such a case.
4.5. All of the above-mentioned fees shall be deducted from the amount to be refunded to the Renter. The refund shall be made within 10 working days following receipt of the cancellation from the Renter.
4.6. If the Renter selected the Cancellation Waiver when placing the order, the Renter may cancel at any time before the rental start date. Only the amount of the Cancellation Waiver shall be charged when processing the refund, and the remaining balance shall be refunded in full within the period stated above.
Article 5. Installation, use and return
5.1. Installation and removal are included in the rental price and shall always be carried out by the experts of Thijsen Rental. If the Renter wishes to have their own equipment installed by Thijsen Rental, for example if the Renter owns a roof box but rents roof bars from Thijsen Rental, the Renter shall bear full responsibility for their own goods. In such a case, the Renter may only use Thule-approved roof-box mounting clamps for their own roof box. Thijsen Rental cannot be held liable for any damage to the Renter’s goods. In addition, a surcharge of EUR 20 shall be charged for installing the Renter’s own equipment.
5.2. The rented goods are provided in good working condition and must be returned in the same condition. Before departure, the goods shall be inspected by Thijsen Rental and the Renter. The risk shall transfer to the Renter upon their departure following installation.
5.3. All rented goods must be returned in the same clean condition in which they were delivered. If this is not the case, an amount of EUR 12.50 shall be charged. The Renter may also choose to have the cleaning carried out by Thijsen Rental and indicate this in advance, at a rate of EUR 10, in which case it shall be immediately included in and paid with the order.
5.4. The roof bars, bicycle carrier and roof box/towbar-mounted cargo box are each supplied with 1 key during the rental period. The Renter must always lock the roof box/towbar-mounted cargo box and must always securely fasten and lock bicycles to the bicycle carriers. Under no circumstances shall Thijsen Rental be liable for any loss or theft from the roof box/towbar-mounted cargo box or for the theft of bicycles from the bicycle carriers.
5.5. The rented goods may only be used within the Schengen countries, for their intended purpose and with the care of a prudent and reasonable person placed in the same circumstances, in accordance with the manufacturer’s user manual, which can be found on the manufacturer’s website.
5.6. Thijsen Rental recommends a maximum speed of 130 kilometres per hour for a vehicle fitted with a roof box/towbar-mounted cargo box or bicycle carrier, even if the legally permitted speed is higher, for example in Germany.
5.7. The roof box and/or roof bars may not be removed or repositioned during the rental period. Towbar-mounted cargo boxes and bicycle carriers may be removed. Please request clear instructions regarding their operation and installation/removal at the time of installation.
Article 6. Damage, theft, deposit or Damage Waiver
6.1. If rented goods are returned damaged and the Renter has not taken out a Damage Waiver with Thijsen Rental, which is only available for roof boxes/towbar-mounted cargo boxes and bicycle carriers, the Renter shall owe compensation to Thijsen Rental in accordance with the calculations below. The Renter must return the damaged goods to Thijsen Rental, except where 100% of the replacement value less the rental price paid is charged, in the event of a total loss, holes or major cracks, in which case the Renter may retain the damaged goods.
6.2. Even where a Damage Waiver has been taken out, an excess of EUR 50 shall always apply. If the Renter has taken out a Damage Waiver with Thijsen Rental, no compensation other than the EUR 50 excess shall be payable by the Renter for damage to roof boxes/towbar-mounted cargo boxes and bicycle carriers, unless the damage was caused deliberately by the Renter. For the avoidance of doubt, roof bars and their components, as well as the loss of keys or keys broken inside a lock, are not covered by any Damage Waiver.
6.3. If the Renter has not taken out a Damage Waiver with Thijsen Rental, a deposit of EUR 150 shall be requested when placing the order, payable in cash, by bank transfer or by blocking the amount on the Renter’s credit card, to cover any damage to the rented goods and any other amounts due. This deposit shall be refunded or released upon return of the rented goods, following an inspection for damage and cleanliness, less any damage or other costs due. The refund shall be made within 10 working days following the return of all rented goods. This deposit does not constitute a limit on the damage caused to or the value of the rented goods.
6.4. Calculation of damage to rented goods:

• Superficial scratches: 10% of the replacement value;
• Deeper scratches that can be felt: 20% of the replacement value;
• Holes caused by a rivet being pulled out of the lid: 30% of the replacement value;
• Cracks or small tears smaller than a credit card: 50% of the replacement value;
• Total loss, holes or major tears larger than a credit card: 100% of the replacement value less the rental price paid, excluding any Cancellation Waiver, and less the cleaning fee, if already paid in the case of a box;
• Lost or damaged roof-bar components, including where a Damage Waiver has been taken out: replacement price according to the official Thule price list.

6.5. If rented goods are not returned due to theft or for any other reason, regardless of whether or not the Renter has taken out a Damage Waiver with Thijsen Rental, the Renter shall owe compensation equal to 100% of the replacement value of the goods that were not returned, less the rental price paid for them, excluding any Cancellation Waiver and excluding any amount paid for the Damage Waiver, and less the cleaning fee, if already paid in the case of a box.
6.6. An amount of EUR 15 shall be charged for each lost key. For a key broken inside the lock, the actual repair cost shall be charged, including where a Damage Waiver has been taken out. In some cases, the lock must be drilled out and the damage may amount to EUR 150.
Article 7. Ownership
7.1. The rented goods shall remain the property of Thijsen Rental. If desired, the Renter may purchase the rented goods after the rental period, subject to terms and conditions to be agreed upon at that time.
Article 8. Insurance, liability and force majeure
8.1. The Renter is responsible for taking out the necessary insurance for the rented equipment and its use during the rental period. The Renter agrees to indemnify and hold Thijsen Rental harmless against all claims, damages, losses or expenses resulting from the use or operation of the equipment by the Renter or their representatives.
8.2. Thijsen Rental shall not be liable for any personal injury resulting directly or indirectly from the rented goods. Thijsen Rental shall not be liable for damage arising as a direct or indirect result of force majeure and/or errors and/or negligence on the part of the Renter and their representatives, including improper use, or any other external cause. The liability of Thijsen Rental shall always be limited to the amount of the relevant rental invoice, excluding VAT, irrespective of the cause and extent of the damage. Under no circumstances can Thijsen Rental be held responsible or liable for any theft.
Article 9. General provisions, applicable law and competent court
9.1. If one or more provisions that do not concern the essence of these rental terms and conditions are declared null and void, this shall not affect the validity of the remaining provisions. The court may then moderate the relevant clause and establish a new provision that approximates as closely as possible the economic effect of the provision declared invalid.
9.2. Rentals governed by these rental terms and conditions shall be exclusively governed by Belgian law, excluding its principles of private international law.
9.3. All disputes arising from these rental terms and conditions shall fall within the exclusive jurisdiction of the courts of the Antwerp judicial district, Limburg division.