General terms and conditions
Article 1: Definitions
In these General Terms and Conditions, the following terms have the definitions stated after them:
- Contractor: WeDriveCars established in The Hague, to whom the work has been assigned.
- Client: the natural person, partnership, company or legal entity with whom WeDriveCars enters into the assignment.
- (Student) Driver: the person who performs the assigned work for the contractor.
- Agreement: all agreements made between the client and the contractor regarding the performance of work by the contractor.
- Work: all actions for which an assignment has been given in writing and/or verbally, all in the broadest sense of the word and in any case including the action as described in the order confirmation.
- Driving time: the time a (Student) driver spends driving in the Client’s car, whereby the (Student) driver is entitled to a quarter of an hour’s rest time for every 2 hours of continuous driving.
- Waiting time: the time a (Student) driver spends waiting at the request of the client.
- Rest time: the time the (Student) driver spends resting, for every 2 hours of continuous driving the (Student) driver is entitled to a quarter of an hour’s rest time.
- Travel time: the time a (Student) driver spends arriving at the starting address specified by the contractor or returning home.
Article 2: Applicability
- These General Terms and Conditions apply to every offer, quotation and agreement between WeDriveCars and a Changes to these General Terms and Conditions must be expressly confirmed in writing by both parties.
- The applicability of the General Terms and Conditions used by the Client are explicitly rejected by WeDriveCars, unless this has been expressly agreed in writing.
- If one or more provisions in these General Terms and Conditions are at any time wholly or partially null and void or are annulled, the other provisions in these General Terms and Conditions will remain fully applicable.
WeDriveCars and the client will then still enter into consultation in order to agree on new provisions to replace the null and void or annulled provisions, whereby the purpose and scope of the original provisions will be taken into account as much as possible. - If WeDriveCars does not always require strict compliance with these General Terms and Conditions, this does not mean that the provisions thereof do not apply, or that WeDriveCars would in any way lose the right to require strict compliance with the provisions of these General Terms and Conditions in other cases.
- Offers and quotations made by WeDriveCars (and the data therein) may not be provided/transferred to third parties without prior written permission.
- The invalidity of one or more provisions in these General Terms and Conditions can never lead to claims by one party against the other party and does not affect the validity of all other provisions.
- All title words used in these General Terms and Conditions and/or in an agreement are for convenience and are of no importance for the interpretation of the General Terms and Conditions and/or the agreement. Therefore, the Parties cannot derive any rights from this.
- These General Terms and Conditions have not only been stipulated for WeDriveCars, but also for the board members of WeDriveCars and for the employees of WeDriveCars, as if they had been requested by themselves.
Article 3: Offers and conclusion of agreements
- All offers and price quotations from WeDriveCars are without obligation and therefore revocable.
- An agreement between WeDriveCars and the Client is only concluded after written confirmation and/or telephone confirmation followed by a written order confirmation by WeDriveCars of the order placed by the Client, or by execution of the order by WeDriveCars.
- Any additions or changes to the agreement are only binding on WeDriveCars if and to the extent that they have been confirmed in writing by WeDriveCars.
- Obvious mistakes or errors in the offer cannot bind WeDriveCars.
- The validity of an offer is stated on the quottion.
Article 4: Execution of assignments
- Commencement of the Working Hours is the time at which the (Student) driver commences the work and is determined in consultation with WeDriveCars.
- The period within which or the time at which the agreed work will be carried out has been determined in the expectation that the circumstances under which this should take place will be met after acceptance. If the circumstances change after acceptance of the order, WeDriveCars will notify the Client in a timely manner and WeDriveCars will be entitled to adjust the rates, amend the agreement or terminate the WeDriveCars will notify this immediately.
- Terms for performing the work are only approximate. Specified terms do not bind WeDriveCars, unless expressly agreed otherwise.
- WeDriveCars will perform the work to the best of its knowledge and ability.
- If the client does not provide the correct information (in a timely manner) for the execution of the order, WeDriveCars can suspend its obligations towards the order. The risk of damage caused by the incomplete information provided or the timely provision of information lies entirely with the client.
Article 5: Selection
- WeDriveCars is completely free to choose the (Student) driver who is deployed for the work. Client may express a preference, but WeDriveCars is not obliged to comply with this.
Article 6: Bobservice: Prices, additional costs and possible cancellation costs for the Bobservice
- The calculator on the website wedrivecars.nl/en/bob-service/ calculates the price of the trip with possible intermediate stops.
- The calculated prices on the website include 10 minutes of waiting time. After 10 minutes, a rate per minute applies.
- In the event of events, due to traffic jams, waiting time may be charged for the time spent in traffic. The waiting time stops as soon as the Bob drivers can continue their journey and there is no more traffic jam.
- The customer can change or cancel the trip up to 5 hours before the start of the trip. If the trip is cancelled too late, the minimum rate for the first 10 kilometers will be charged to the customer. If kilometers have already been made by our Bobservice drivers, additional costs may be charged.
- All prices stated on the website for the Bobservice are inclusive of VAT.
Article 7: Prices and additional costs Student or Executive Driver
- The Client will be charged for the driving time (including rest time) and waiting time based on the concluded agreement, whereby the total time is rounded up to 15 minutes, with a minimum of three hours (Student) or with a minimum of 4 hours (Executive driver) per assignment.
- The prices and rates stated by WeDriveCars are exclusive of VAT. except for the Bob service.
- If an assignment lasts longer than 6 consecutive hours, a meal allowance of up to will be charged for the benefit of the The actual costs will be calculated.
- If an assignment lasts longer than 8 consecutive hours, a meal allowance will be charged for the benefit of the The actual costs will be calculated.
- Any overnight costs necessarily incurred by the (Student) driver will be borne by the Client.
- Parking costs and tolls will be paid on site by the (Student) driver, unless the (Student) driver is unable to do so for special In the latter case, the Client will be consulted on site to determine whether the costs can be paid directly by the Client. The parking costs, tolls and other costs incurred in consultation with the Client will be charged to the Client by means of invoicing.
- Costs of maintenance of the Client’s car, insurance, road tax, wear and tear on the car, petrol costs and other costs related to the use of the Client’s car are for the account of the Client. If the Client’s own Vehicle is not used in the performance of the agreement, but a Vehicle made available by and via WeDriveCars, the fuel costs, rental costs and other costs directly related to the rental and use of the rental car will be charged to the Client by means of invoicing after the work has been completed.
- Travel expenses of the (Student) driver (to and from the agreed location) will be charged to the Client by means of invoicing if the (Student) driver has to travel outside the borders of his/her own place of The (Student) driver will use his/her public transport annual pass if possible, unless there is no reasonable possibility of reaching the agreed location by public transport due to the location or time. If costs are incurred for public transport, shuttle bus, shuttle car or taxi, these will be charged to the Client. If public transport has to be used during the weekend, the travel expenses will be charged to the Client in a continuous manner.
- If the (Student) driver does not use Public Transport but his own car, or a car made available by WeDriveCars, the Client will be charged a fee of the use of the car.
The Client will be informed in advance as much as possible of any travel expenses to be charged by the (Student) driver, including Public Transport costs and taxi costs. - After the offer or after the conclusion of the agreement, any taxes and other taxes introduced or increased insofar as they relate to the assignment, will be fully borne by the Client.
Article 8: Cancellation (Student) Driver reservations
- Cancellations and changes are accepted via e-mail rk@wedrivecars.nl and telephone +31850606888 with at least written The client has the right to cancel the agreement free of charge, provided that the cancellation takes place no later than 24 hours before the start of the assignment. For (Student) drivers, 3 hours will be charged for cancellations within 24 hours of the start of the assignment. For executive drivers, 4 hours will be charged for cancellations within 24 hours of the start of the assignment.
Article 9: Cancellations for cars, vans (transport of 1 to 7 persons)
- Cancellations and changes are accepted via e-mail rk@wedrivecars.nl and telephone +31850606888 with at least written Other cancellation methods are not permitted. The order is considered cancelled/changed after the customer has received the cancellation/change confirmation by e-mail. For general bookings, no charge will be made for cancellations made more than 48 hours before the scheduled service time.
Cancellations made between 48 and 24 hours before the scheduled service time will be charged 50% of the invoice value.
Cancellations made less than 24 hours before the scheduled service time will be charged the full booking amount. - For events with multiple vehicles or same-day transfers, no charge will be made for cancellations made more than 72 hours before the scheduled service Cancellations made between 72 and 48 hours before the scheduled service time will be charged 50% of the invoice value.
Cancellations made less than 48 hours before the scheduled service time will be charged the full booking amount.
WeDriveCars requires all changes to be received by email (changes cannot be made to drivers). WeDriveCars will do its best to change an order free of charge, but reserves the right to charge or not charge for the order, depending on availability. If a change cannot be accommodated and results in a cancellation, you will be charged the full amount for the order.
Article 10: Cancellations for Minibus & Coach
- Cancellations and changes are accepted via e-mail rk@wedrivecars.nl and telephone +31850606888 with in each case a written Other cancellation methods are not permitted. The order is considered cancelled/changed after the customer has received the cancellation/change confirmation by e-mail.
- For general bookings, no charge will be made for cancellations made more than 96 hours before the scheduled service time. For cancellations made between 96 and 24 hours before the scheduled service time, 50% of the invoice value will be charged. For cancellations made less than 24 hours before the scheduled service time, the full reservation amount will be charged.
Article 11: Driving Times and EU Regulations for Minibus & Coach
- Drivers are allowed to drive for 5 hours and then they must take a 45 minute break, this can be split into 15 minutes and then 30 minutes break (example) 2 hours driving, 15 minutes break, 2 hours driving, 30 minutes break = 4.5 hours. Drivers are not allowed to exceed 4.5 hours, at the end of your journey they must take an 11 hour break which can be reduced to 9 hours three times a week. Drivers are allowed to drive 15 hours per day, 9 hours in the form of 4.5 hours and then a 45 minute break. Once per week this can be extended to 10 hours of driving as per the information above. Drivers are also allowed to drive 16 hours once during the working week but must take at least one 3 hour break. It is important that drivers keep a log of all work and this must be a 6 day working week. Drivers cannot work more than 6 days without taking a weekly rest.
- The weekly rest is 45 hours after 5 or 6 days or 6 shifts, whichever comes If drivers work 4 days and take 45 hours, the working week starts again. The weekly rest period can be reduced to 24 hours outside the base, but must be compensated within the next 3 working weeks and this can be done as follows:
Weekly rest period of 36 hours, then the following week drivers take 11 hours of daily rest plus 9 hours to compensate for the weekly rest, making the break from duty 20 hours. We can also make up for weekly rest by adding hours to the end of the daily rest period, 11 hours of rest plus not less than 3 hours, because we cannot take two reduced weekly breaks next to each other. Drivers are allowed to drive 10 hours once in the 6-day working week on one day, i.e.: 4.5 hours + 45 minutes + 4.5 hours + 45 minutes + 0.5 hours = 10 hours.
Article 12: Waiting Time, Overtime and Extra Stops
- WeDriveCars offers up to 30 minutes of free waiting time upon arrival at the airport, 15 minutes at train stations and/or hotels or any address where you are picked up with 15 minutes of free waiting If the customer cannot find the driver, call +31850606888 or the driver himself if the office has provided his mobile number. After this time, waiting time charges will be applied. To avoid extra charges/for a no-show, do not leave your location without contacting us by phone +31850606888 or by sending an email to rk@wedrivecars.nl
- The first confirmation of the price does not include:
- Overtime costs incurred during the execution of an hour trip(s)
- Stops made during POINT-TO-POINT trips (stops that are not quoted or agreed).
- Waiting time incurred during a
- Additional stops that are not
- Waiting time that exceeds the minimum rental
- Parking of the
Article 13: Damage to the vehicle
- Additional costs will be charged for any damage to the vehicle (s) during the execution of the trip(s). The customer indemnifies WeDriveCars from and is not liable for any personal or material damage resulting from the behavior of his/her party. The customer is responsible for damage to the vehicle caused by his/her party during the service, whether intentionally or accidentally.
Article 14: Miscellaneous
- The customer guarantees that no illegal drugs or alcoholic beverages are consumed in our vehicle(s). The customer agrees that the passenger capacity of the vehicle is not exceeded. In case of misconduct by your party, the driver has the right to terminate this agreement, report this to the planning or manager and charge the time used in case of misleading the company without any refund.
Article 15: Rates and invoicing
- Unless otherwise stated, parking spaces, accommodation (in a single room with bathroom and toilet) and meals for drivers are at the customer’s expense, as long as the accommodation has not been reserved by WeDriveCars.
If supported by WeDriveCars, the additional costs amount to € 150,00 excluding VAT per day will be charged by the driver. - Each order is subject to the payment of a deposit of at least 50% in the event that the customer has not previously cooperated with WeDriveCars or requests the office to do In the event of a deposit, the balance of the invoice must be paid before the departure of the trip.
- WeDriveCars reserves the right to use subcontractors, in this case we will inform you.
- All rates are subject to verification after completion of the order, including extra waiting time, overtime, extra stops, extra hours, etc. All reservations are subject to a guaranteed payment. A credit card number will be noted and can be charged at the time of the Gratuities are at the driver’s sole discretion and entirely.
Artikel 16: Lost or damaged items
- WeDriveCars is not responsible for items left in the vehicles, lost or damaged. We reserve the right to charge a delivery fee for the return of lost items if found.
Article 17. Disputes
- Your use of WeDriveCars services indicates that you agree to these Terms and Dutch law applies to these Terms of Use. All disputes arising from these Terms of Use, or otherwise between the parties, will be submitted to binding arbitration in the local region responsible in accordance with Dutch commercial rules.
Artikel 18: Invoicing and Payment
- WeDriveCars accepts Visa, Master Card and American Express or bank Credit card transactions are submitted at 5% credit card costs.
- An invoice can be sent upon request. The invoice will be drawn up on the basis of the costs and prices incurred in articles 7 and The invoices will be drawn up on the basis of the costs incurred by WeDriveCars in relation to the assignment.
- The payment term is a fatal term, the client is in default without notice of default.
- Payment of invoices must be made without deduction or discount within 14 days after the invoice date in the manner indicated by WeDriveCars in the invoice, stating the invoice number, unless otherwise agreed in writing or otherwise indicated on the invoice.
- Payment of the amount due to a party other than the Client does not constitute a discharge payment. Payment must be made in the agreed currency and the Client is not entitled to suspend or offset the invoice against the claims he claims against WeDriveCars.
- When sending a reminder, the invoice amount will be increased by €2.50 in administration costs. If we have not received payment 14 days after the reminder, we will be forced to increase the administration costs to €30. If payments are still not made, we will be forced to hand over the claim to a third party, in which case all costs will be charged.
- Clients who use a payment term of 30 days or longer can request this in consultation; if this is agreed, 5% administration costs will be charged.
- Any questions or comments about a received invoice must be made known to WeDriveCars within 7 days after the invoice date, failing which the invoice will be deemed to have been approved and considered. Any questions and/or comments after the aforementioned period will not be processed.
- If the Client fails to pay any amount owed by him on time or if the Client applies for a moratorium or is declared bankrupt, the Client is legally in default, without any notice of default being In that case, all claims of the Contractor on the Client are immediately due and payable in full, even if invoicing has not yet taken place.
- Every payment by the Client shall first be used to pay the interest due and then to pay the costs of Only after these amounts have been paid will any payment by the Client be used to reduce the outstanding claim(s) in the principal sum. All this regardless of any indication to the contrary from the Client.
Article 19: Security
- If the creditworthiness of the Client gives reason to do so, or there is otherwise good reason to believe that the Client will not promptly fulfill its obligations, the Client is obliged, at the first request of WeDriveCars, to immediately provide sufficient security in the form desired by WeDriveCars and to supplement this if necessary for the fulfillment of all its obligations, failing which it may suspend or terminate the performance of the agreement.
- If the Client has not complied with a request as referred to in paragraph a within 14 days after a written request to that effect, all its obligations towards WeDriveCars shall become immediately due and payable.
- WeDriveCars always reserves the right to request security from the Client.
Article 20: Dissolution
- If the Client fails to meet any obligation arising from the agreement, fails to meet it properly or fails to meet it in a timely manner, as well as in the event of bankruptcy, (provisional) suspension of payments, placement under guardianship of the Client, closure or liquidation of its company, or when the assets of the Client are placed under administration, the Client is placed under guardianship, or when the statutory debt restructuring is declared applicable to the Client, WeDriveCars is, at its discretion, entitled, without any obligation to pay damages and without prejudice to its rights, to dissolve the agreement in whole or in part or to suspend the (further) execution of the agreement. In these cases, WeDriveCars is also entitled to demand immediate payment of what is due to it.
- If proper compliance by WeDriveCars as a result of one or more circumstances that are not attributable to WeDriveCars – including the circumstances mentioned in the previous paragraph, weather conditions, strikes, government measures such as road works, the condition of the vehicle as assessed by WeDriveCars (such as the absence of functioning brakes, no seat belts, broken lighting), delays in public transport, illness of (Student) driver as a result of which a replacement cannot be arranged in time, is wholly or partially impossible, either temporarily or permanently, WeDriveCars has the right to terminate the agreement and WeDriveCars is not liable to pay any compensation to the Client.
Article 21: Obligations of the Client
- The Client is obliged to ensure that third-party liability insurance (in accordance with the requirements set out in the Motor Vehicle Liability Insurance Act) and passenger insurance are taken out. The Client is obliged to maintain this insurance for the entire duration of the agreement.
Article 22: Prohibition on approaching personnel
- The Client is not permitted, within a period of one year after the last assignment carried out by the (Student) driver of WeDriveCars to the Client, to approach (Student) drivers with the request to perform the same, similar or related services without the permission of WeDriveCars.
- If this prohibition under point a is violated, WeDriveCars is entitled to an immediately claimable and non-mitigable fine of € 10,000,- as well as an amount of € 450,- per day or part of a day for each day that this violation continues, without prejudice to the right to claim full compensation.
Article 23: Liability
- WeDriveCars is not liable for direct/indirect damage, including consequential damage, immaterial damage, business damage, injury, losses and/or environmental damage, caused to (goods of) the Client or to third parties.
- Without prejudice to the provisions of paragraph a of this article, WeDriveCars is not liable for: not reaching the destination of the Client or not reaching it on time as a result of, among other things, bad weather conditions, traffic conditions that cause delays, the (Student) driver not being present or not being present on time as a result of delays in public transport or traffic, or due to any other cause, whether or not foreseeable.
- Without prejudice to the provisions of paragraph a of this article, WeDriveCars is not liable for; Damage to the Vehicle that occurred during the execution of the assignment; damage or costs as a result of the loss of the no-claim and/or the bonus discount on the client’s car insurance; damage to property and/or injury to passengers the passenger(s) present in the Vehicle during the execution of the assignment; damage or costs and consequences of a traffic accident and/or traffic violation and other consequential damage.
- The Client indemnifies WeDriveCars against all claims from third parties arising from and/or related to work performed by WeDriveCars.
Article 24: Force Majeure
- In the event of force majeure of a temporary or permanent nature, WeDriveCars is entitled to either suspend the execution in whole or in part until the cause of the force majeure has ceased to exist in whole or in part, or to dissolve the agreement in whole or in part without judicial intervention, all without the Client deriving any right from this towards WeDriveCars, such as compensation for hotel costs, taxi compensation and/or other compensation(s). The Client is obliged to pay the part of the agreement that has already been executed in proportion and in relation to the price.
- For the purposes of these General Terms and Conditions, force majeure of a temporary or permanent nature means any circumstance, whether or not external, that prevents or hinders the fulfilment of the agreement, whether or not absolutely, even if that circumstance was foreseeable at the time the agreement was concluded. Such circumstances include, but are not limited to, riots or demonstrations, unrest or riots, war, government measures such as roadworks, weather conditions, strikes, delays in public transport, illness of the (Student) driver that prevents a replacement from being arranged in time and other circumstances that WeDriveCars has no influence on.
Article 25: Applicable law and competent court
- Every offer, quotation and order/agreement between WeDriveCars and the Client is exclusively governed by Dutch law.
- All disputes between WeDriveCars and Client under an agreement or arising from an agreement between the Parties will be submitted exclusively to the competent court in The Hague or, at the discretion of WeDriveCars, to a competent court.
Article 26: Legal actions and compensation
- All legal actions, claims for compensation expire or lapse after one year from the moment the claim became due.
Article 27: Complaint periods
- Complaints must be submitted to WeDriveCars in writing within fourteen days after completion of these activities, failing which the assignment will be presumed to have been properly executed. Complaints that are submitted after this period.