General Terms and Conditions - Rental Companies

“Horsetrucksforrent.com” is a private limited company and is registered in the Business Register under number 32101590 and is hereinafter referred to as HTFR.

These terms and conditions apply to the legal relationship between HTFR and you as the owner of a vehicle on HTFR's rental platform.

“Vehicle” means a horse truck that is offered for rent.

The HTFR General Terms and Conditions always apply to the legal relationship between HTFR and the final renter, with which you also agree. HTFR advises you to read these terms and conditions carefully to be fully aware of the rights and obligations of yourself, other users, and HTFR.

Article 1. Obligations

The following conditions apply for registration of your vehicle on HTFR's rental platform:

1. You are the complete and sole owner of the vehicle(s) that you wish to rent out, or you have the written permission of the owner to act as lessor. In the event that a legal entity owns the vehicle, you are authorized by this legal entity to perform all factual and legal actions with respect to the vehicle;

2. You are in possession of a complete and valid driver's license for the country where you rent out the vehicle. This condition does not apply if the owner is a legal entity;

3. If you do not (no longer) meet one of these conditions, you may not (no longer) use the rental platform and HTFR is entitled to exclude you from using the service;

4. As a lessor, you must register and insure the vehicle that you wish to make available for rent. The vehicle must meet and continue to meet the following conditions. By making a vehicle available, you guarantee that the vehicle:

• Meets all basic safety requirements;
• Meets the definition of “livestock trailer” as stated in the directive of the country in which the vehicle is registered;
• Has had regular maintenance as recommended by the manufacturer;
• Has been inspected (periodically) according to the national regulations of the country of registration and you have the inspection certificate for the period that the vehicle will be rented;
• Has a current insurance policy. The insurance covers the rental of the vehicle. Also, all taxes, such as road tax, must be paid;
• Is insured for roadside assistance and replacement transport, unless this is explicitly stated in the advertisement, provided it is available and the additional costs are for the owner of the vehicle;
• Is equipped with a valid license plate from the country of registration;
• Is free from defects and damage, unless explicitly included in the advertisement;
• Contains sufficient fluids (such as engine oil, brake fluid, coolant, windshield washer fluid, AdBlue, etc.);
• Contains all facilities described in the advertisement;

5. If the vehicle does not (no longer) meet the above requirements, you are obliged to pause the advertisement and cancel future bookings until the vehicle meets the requirements again, and also if it is unclear whether the vehicle can be repaired in time.

6. You are fully liable for all damage and costs resulting from the fact that you or your vehicle does not (no longer) meet the above requirements;

7. HTFR is entitled to verify the identity of the owner and the registration of the vehicle;

8. HTFR is entitled to refuse or remove your registration as a lessor or the registration of a vehicle without giving a reason;

9. You are fully liable for all damage and costs resulting from the fact that you and/or your vehicle does not (no longer) fully meet the above requirements, such as, among other things, wear and tear and/or poor maintenance of the vehicle;

10. Circumvention of the platform for accepting bookings is strictly prohibited. Acts of circumvention may be similar to the following, but not limited to: indirectly or directly redirecting customers on HTFR to another website or otherwise directly to you, sending a link or mentioning another website, mentioning company name or contact details before a booking is confirmed. In the event that one or more of the above points is detected, HTFR reserves the right to remove you from the platform and apply cancellation costs to all future bookings;

11. It is not permitted to rent out the vehicle through other platforms as well;

12. You are fully responsible for ensuring that your advertisement contains correct information about the vehicle and rental conditions, for example, but not limited to, driver's license required to operate the vehicle, minimum age for rental, insurance conditions, and facilities in the vehicle. In the event that a renter incorrectly confirms a booking because the advertisement does not contain the correct information, HTFR reserves the right to charge cancellation costs to you.

13. It is your responsibility to find out how you must declare and pay the fees you receive through HTFR according to the tax authorities' rules;

14. A negative statement about HTFR or its employees must first be reported to HTFR. These may not be made public without HTFR having at least 10 days to respond to the statement, otherwise HTFR is directly entitled to compensation of €1,000 and €100 per day that the negative statement continues;

15. The vehicle may be equipped with a GPS tracker for the safety of all parties involved. You may not use this device to violate the renter's privacy;

16. If the vehicle visits an undeclared country, insurance coverage may lapse and the renter may be held legally and financially liable in the event of damage and/or any other consequence arising from the undeclared or by this contract prohibited geolocation.

Article 2. Obligations from the Rental Agreement

1. The rental agreement is concluded as soon as the renter reserves the vehicle. The booking is confirmed by making the first payment.

2. HTFR's house rules are part of the rental agreement. In the event of conflicting house rules and General Terms and Conditions, the latter prevail;

3. HTFR is not a party to the rental agreement. HTFR only acts as an intermediary and facilitates renters and lessors to enter into an agreement for the rental of a vehicle and make payments.

4. HTFR is not responsible for the fulfillment of, among others, the following obligations to you:

• Renter uses the vehicle carefully and does not cause damage to it;
• Renter does not make changes to the vehicle or inventory;
• Renter does not give the vehicle to others for use or rent;
• The renter must at all times comply with the maximum number of passengers indicated by you. The maximum number of passengers is equal to the number of legally permitted seats in the vehicle, as stated by you;
• Renter ensures that their passengers and other (registered and unregistered) drivers also act in accordance with the rental agreement and general terms and conditions;

5. You are authorized to terminate the rental agreement if you discover or reasonably suspect that the renter or registered drivers:

• Do not comply with the provisions as set out in these terms and conditions;
• The renter is deemed unfit to operate the vehicle or cannot show a valid driver's license;
• The renter is not the same person(s) as the one(s) who take possession of the vehicle;

6. The renter may refuse the vehicle and/or terminate without costs or fines, with refund of the rent already paid if:

• The renter has a reasonable suspicion that you do not comply with the provisions of these terms and conditions;
• Damage to the vehicle has not been properly recorded by you and/or you do not wish to cooperate in proper recording of damage;
• The vehicle is not available, the condition of the vehicle is not as advertised, or certain facilities are not available at the start of the booking, which significantly affects the renter's planned trip.

7. The rental agreement is a legal document with which lessors and renters sign an agreement at the beginning and end of the rental period about the condition of the vehicle;

8. The mileage is registered at the beginning and end of the rental period via the HTFR platform;

9. It is your responsibility to note all existing defects or faults in the vehicle at the beginning of the rental period;

10. It is the renter's responsibility to inform you of any defects in the vehicle that are identified before the trip;

11. The renter must inform you of any damage or defects that occur or have occurred during the rental period;

12. It is your responsibility to thoroughly inspect the vehicle during the transfer for new damage or defects that occurred during the rental period. These must be noted on the HTFR platform;

13. The renter is responsible for returning the vehicle:

• On the agreed date, time, and place;
• Without personal belongings of the renter in it;
• Including keys and documents;
• With a full fuel tank;
• Without damage;
• Clean;

14. Any new damage compared to the condition at the start of the rental period must be indicated jointly with you on the HTFR platform. The odometer and fuel gauge readings are also noted in the HTFR platform;

15. You or a representative of you must be present at the handover and return of the vehicle. If a problem arises due to your or your representative's absence at the handover, HTFR must be provided with a valid reason and evidence to support this. The acceptance of the reason for absence is at HTFR's discretion. You are responsible for ensuring that the representative is aware of the platform's procedures and are fully responsible for any damage incurred;

16. In case of a conflict between renter and you, HTFR may act as mediator.

17. HTFR will not intervene in situations where the HTFR platform is not used as part of the rental process or you (or your representative) are not present at the handover and return of the vehicle. In such cases, HTFR reserves the right to refund the deposit to the renter.

Article 3. Damage, Additional Charges and Fines

1. The renter is liable to you for damage to the vehicle, the inventory, and damage to third parties caused with the vehicle up to the amount of the deductible. HTFR has no influence on how a renter handles your vehicle. HTFR will make efforts to arrange or guide the damage settlement as well as possible, but HTFR is ultimately not itself liable for any damage.

2. You cannot make a claim against the renter for compensation for damage above the amount of the deductible. For the excess, you should, if desired, insure yourself. The limitation of the renter's liability to the amount of the deductible does not apply in case of intent or deliberate recklessness by the renter for which the renter is liable to you;

3. All countries for which your international insurance certificate (green card) is valid may be visited with the vehicle. Countries that are wholly or partially in a state of war or where war or unrest threatens must absolutely not be visited;

4. In case of damage to the vehicle and/or third parties as a result of a traffic accident, whether or not caused by the renter's fault, the renter is obliged to complete an official damage form and, when necessary, have the police draw up an official report. In the event that a renter refuses to complete the damage form without valid reason, the full damage amount (without taking into account the deductible) may possibly be imposed on the renter;

5. In case of intent or deliberate recklessness or other circumstances due to the renter's actions, whereby the insurer does not provide (full) coverage, the damage may possibly be fully recovered from the renter.

6. Costs resulting from break-in, loss and/or theft and/or other damage to you as a result of attributable shortcoming, serious negligence, intent, or deliberate recklessness of the renter and/or their passengers/co-drivers may possibly be fully recovered from the renter, regardless of the amount of the deductible;

7. You are responsible for any required notification to your current insurer of the fact that the vehicle will be rented out.

8. On your behalf, HTFR may collect or have collected additional charges from the renter for, among other things, but not limited to: traffic fines, low emission zone fines, toll charges, damage, renter's deductible in case of damage, costs for late return or failure to clean, or any repairs. Administration costs may be charged for these additional charges.

9. Each request for additional charges from you to HTFR to recover from the renter must include a description, in case of damage the invoice with the total damage amount, proof of payment, and photos of the damage;