TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
1. GENERAL
1.1. This document defines the general terms and conditions (“GTC”) applicable to the provision of Services by Abritaxi SRL, limited liability company of Belgian law
having its office at Chemin des Corneilles 21, 1950 Kraainem, registered at the Crossroads Bank for Enterprises under number 0428.227.383 (“Abritaxi”) to the
professional customers (« Client »).
1.2. The service, which can consists in vehicles rental with driver (“Driver”) for the road transport of Client, but also vehicle rental without driver or rental of driver
services only, is subjected to the Flemish decrees of April 20, 2001, and March 29, 2019 (“Service”).
1.3. By ordering and/or using the Service, in which case a service contract is necessarily concluded with Abritaxi, the Client explicitly acknowledges having received
these GTC or having been informed of the existence of these GTC, having taken cognizance of them and approving them.
1.4. Except as otherwise expressly stated in writing, all offers, orders and agreements with Abritaxi are governed by these GTC, to the exclusion of all others. As
such, the Client renounces his own general and/or specific terms and conditions, even if it is stated in these that they shall prevail and/or they are attached to the
order form.
1.5. If one of the clauses of the present GTC were to be declared null and void, this nullity will not affect the validity of the other clauses and the GTC will continue to
take effect without this provision, it being understood however that a valid provision whose economy would correspond or be as close as possible to the effect of the
invalid or inoperative provision will be negotiated in good faith between the parties.
1.6. In case of bankruptcy or liquidation of the Client, any agreement with him will be automatically terminated. This clause is a resolutive condition within the
meaning of article 1183 of the Civil Code.
2. CANCELLATION POLICY
2.1. Cancellations and modifications are accepted both by e-mail info@belgiumlimousineservices.be (written proof) and by telephone +32 2 319 45 57 followed by
written proof in all cases. Other cancellation methods are not allowed. Abritaxi requires all changes to be received by email (no changes can be made with drivers).
The order is considered canceled / modified after receipt by the Customer of a confirmation of cancellation / modification by e-mail.
2.2. Cancellation for Cars and Vans, Van (MVP):
2.2.1. For general reservations, cancellations made more than 72 hours in working days (3 working days) before the scheduled service time will not incur any
charges. In the event of cancellation by the Customer between 72 and 48 hours in working days (3-2 working days) before the scheduled service time, a fixed and
irreducible amount of 50% of the order will be invoiced to the Customer. In the event of cancellation by the Customer less than 48 hours (2 working days) before the
scheduled service time, the total amount of the reservation will be invoiced to the Customer.
2.2.2. For events or assignments involving multiple vehicles or transfers on the same day, cancellations made more than 5 business days prior to the scheduled
service time will not incur any charges. Cancellations made before 5 working days before the day of the service, 100% of the invoice value will be charged.
2.3. Cancellation for minibuses and buses, coaches:
2.3.1. For general reservations, cancellations made more than 10 working days (14d with weekend) before the scheduled service time will not incur any charges. In
the event of cancellation by the Customer less than these 7 working days before the scheduled service time, the total amount of the reservation will be invoiced to
the Customer.
2.3.2. For events involving multiple vehicles or transfers on the same day, the same cancellation policy applies.
2.4. Abritaxi will do its best to modify an order free of charge but reserves the right to modify or not the mission depending on availability. Therefore, if a change
cannot be made and results in a cancellation, the Customer will be charged in full for the order.
3. DRIVING TIMES – EU REGULATIONS N° 561/2006 FOR MINIBUS AND BUS
3.1. Abritaxi and their Drivers have to comply to driving times and rest period imposed by law, which the Client accepts.
3.2. Weekly Rest
3.2.1. The weekly rest is 45 hours after 6 days or 6 shifts, which ever comes sooner, if drivers work 4 days and take 45 hours the working week starts again. Weekly
rest may be reduced to 24 hours away from base but must be compensated for within the next 3 working weeks and this can be done as follows:
3.2.2. Weekly rest of 36 hours then the next week drivers take 11 hours daily rest plus 9 hours to compensate the weekly rest, making the break from duty 20 hours.
We can also make up weekly rest by adding hours on to the end of the daily rest, 11 hours rest plus no less than 3 hours as we cannot take two reduced weekly
breaks next to each other.
3.3. 10 hour Day : Drivers may drive 10 hours in one day once in the 6-day working week. I.E: 4.5hrs + 45mins + 4.5hrs + 45mins + 0.5hrs = 10 hours.
3.4. Daily Breaks : Drivers can drive for 4.5 hours and after this they must take a 45 minute break, this can be split (take 30 minute parts first) I.E: 2hrs driving, 30
minutes break, 2hrs driving, 15 minute break = 4.5hrs. Drivers must not exceed the 4.5 hours, at the end of your duty you must take an 11 hour break which can be
reduced to 9 hours three times a week.
3.5. Spread Over :
3.5.1. Drivers can work 15 hours a day driving for 9 hours in the format of 4.5 hours then a 45 min break. Once a week this can be extended to 10 hours driving
according to the information above. Drivers may also do one 16 hours spread in the working week but must take at least one 3-hour break from duty.
3.5.2. It is important that drivers keep a log of all work and this should be a 6-day working week. Drivers cannot work any more than 6 days without taking a weekly
rest.
4. OBLIGATIONS OF THE CLIENT
4.1. Client has the obligation to behave responsibly and respectfully with the Driver and other passengers.
4.2. Client assures that no illegal drugs or alcoholic beverages will be consumed in the vehicle(s), unless prior approval in writing from Abritaxi.
4.3. Client agrees that the passenger capacity of vehicle provided shall not be exceeded.
4.4. Client will have to comply with the instructions of the Driver, such as taking the assigned place, the banning of smoking or consuming alcohol and drugs, unless prior approval in writing from Abritaxi.
4.5. Client must comply to the legal rules and rules of the road, such as the obligation to wear the safety belts, and the prohibition to stand up while the vehicle is
moving. Any fine that will be due because of an infringement of the legal rules by the Client will be the responsibility of the Client and recovered from him.
4.6. The Driver has the possibility to stop immediately the Service and ask the Client to leave the vehicle in case of incorrect behaviour such as drunkenness of
Clients, waste in large numbers on the ground, dirt on the seats, vomiting, damage and breakage of equipment. In this case, the contract concluded between
Abritaxi and the Client will be resolved at the Client’s expense and the Client will be liable to pay the full reservation amount., plus cleaning and repairs costs needed
to restore the vehicle to its previous state.
5. OBLIGATIONS OF THE DRIVER
5.1. The Driver has the obligation to arrive at the time scheduled with the Client and use its best efforts to ensure an optimal transport.
6. LUGGAGES AND PERSONAL ITEMS
6.1. Client has the obligation to protect and package his goods for the transport of it. Client will be responsible for his luggage and other goods he entrusts to the
Driver.
6.2. Animals cannot be transported without prior written approval from Abritaxi.
6.3. Abritaxi is not responsible for items which are left in the vehicles, lost or damaged.
6.4. Abritaxi reserves the right to charge a delivery fee for returning lost items if found.
7. SELECTION OF VEHICLES
7.1. Abritaxi reserves the right to appropriately select the vehicle for the mission ordered by the Client.
7.2. The selection of the bus will be decided internally by Abritaxi according to the group size to be transported.
7.3. Abritaxi reserves the right to use subcontracted rolling stock of equivalent quality. In this case, Abritaxi shall only be liable for gross fault of its subcontractors.
8. ADDITIONAL CHARGES : WAITING TIME, OVERTIME, EXTRA STOPS, PARKING COST FOR AIRPORT AND TRAIN STATION
8.1. All rates are subject to audit after the Service is performed, to include additional charges asked or generated by the Client, such as Waiting Time, Overtime,
Extra Stops, Extra hours etc. Gratuity is left to the Client’s discretion.
8.2. Abritaxi provides up to 40 minutes of free waiting time on airport arrival, 20 minutes on railway stations and or hotels, and 15 minutes for any address pick-ups.
After this time, waiting time charges will be applied by 30-minute periods.Any 30-minute period begun will be charged in full.
8.3. If the Client does not find the driver, he shall call +32 2 319 45 57 or the Driver himself if the office provided his mobile.
8.4. To avoid being charged for a no-show (full reservation amount), the Client shall not leave his/her location without contacting first Abritaxi by phone +32 2 319 45
57 or by sending an email to info@belgiumlimousineservices.be, with a written proof in any case.
8.5. The initial confirmation of the price does not include:
overtime charges incurred during the performance of hourly trip(s);
stops made during POINT TO POINT trips (), which will be charged as follows:
If the stop does not change the initial itinerary and takes less than 15 minutes: 20€ / stop with a car-van, 40€ / stop with a bus ;
If the detour takes more than 15 minutes, the price will be communicated by Abritaxi after the mission according to the time spent and distance done.
waiting time incurred during a TRANSFERS, unplanned extra stops, waiting time exceeding the free waiting time as described in article 8.2.
8.6. All the parking cost for all the vehicles will be charged 4,50€ for pick-up’s and drops-off at the airport, while for the station only the picks-up will be charged
4,50€ (and not the drops off).
8.7. Unless otherwise specified, Abritaxi is not in charge of the driver’s accommodation. Therefore, driver’s parking, accommodation (in single room with bathroom
and toilet) and meals are at the expense of the Client. In case of plurality of drivers, each driver shall have a private room. If this accommodation is covered by
Abritaxi, a lump sum of 200€ excl. VAT per driver per day will be charged to the Client, without prejudice to the right of Abritaxi to claim additional cost if the extent
the existence and amount of these additional cost can be justified.
8.8. Additional charge will apply to any damage made to the vehicle(s) during the performance of trip(s) in accordance with article 12 of these GTC.
9. INVOICING – PAYMENT
9.1. All reservations are subjected to a guaranteed payment and must be fully paid before the service is delivered, unless otherwise agreed in writing.
A credit card number will be taken and may be charged at the time of the reservation.
9.2. Unless otherwise agreed in writing, all Abritaxi’s invoices are due and shall be paid upon receipt of the invoice and without discount deduction.
9.3. Any invoice not paid at its due date will produce by law and without formal notice a conventional moratorium interest of 12% per annum and will result in the
payment of a penalty clause of 15% of the invoice amount with a minimum of 250,00 € to cover administrative costs.
9.4. In the event of non-payment of an invoice when due, all invoices whose payment has not yet expired lose the benefit of the term granted and become
immediately due without notice. Similarly, Abritaxi is hereby authorized to suspend or postpone the Service until payment of the outstanding invoices is made.
9.5. Abritaxi accepts Visa, MasterCard and American Express, cash payments or wire transfer. Payments made by credit card are submitted to 5% fee.
All orders are subject to validation checks with the payment card issuer of the Client.
9.6. Abritaxi uses the personal information (e.g. name, address, e-mail address, credit card details) supplied by the Client only for the purpose of fulfil their order.
Client’s credit card details are not processed by Abritaxi but are immediately transmitted to the external payment processor, Belgium Payment.
9.7. Abritaxi shall not be held responsible for problems relating to the payment method chosen by the Client, such as a credit card abuse or theft of related personal
data.
10. CLAIMS
10.1. Under penalty of forfeiture, any complaint concerning the Services performed or invoices must be made in writing within 8 days from the receipt of the invoice.
10.2. The Client has to verify the cleanliness and the state of the vehicle before the transport begins and inform Abritaxi of any quantitative or qualitative defect
within 24 hours, with photographs to support his claim..
10.3. The claim made by the Client does not free him from his payment obligations.
11. LIABILITY
11.1. Abritaxi can never be held liable for indirect damage, such as loss of performance, loss of reputation, etc.
11.2. Client holds Abritaxi harmless and not liable for any personal or material damages arising from his/her conduct.
11.3. In any case, Abritaxi shall not be liable for delay or failure in performance resulting from causes beyond Abritaxi’s reasonable control.
11.4. Abritaxi will not be liable for shortcomings due to force majeure or statutory obligations. The Client will not be able to claim any compensation due to such
shortcomings.
11.5. In no event shall Abritaxi’s total liability to the Client in connection with the Services for all damages, losses and causes of action exceed five hundred euros (€
500).
12. DAMAGES TO THE VEHICLES
12.1. The Client shall be responsible for the cost of repair for damage to, or necessary cleaning of Abritaxi’s vehicles resulting for his/her conduct during Service,
either wilfully or accidentally.
The selection of the service provider for those repairs and cleaning will be at the sole discretion of Abritaxi. Those repairs and cleaning will be charged at the
average market price if done by Abritaxi and at cost price if done by a third party.
12.2. In the event of inappropriate behaviour (drunkenness of customers, waste in large numbers on the ground, dirt on the seats, vomiting, damage and breakage
of equipment), the Client will be held responsible for the reimbursement of the equipment / cleaning of the vehicle.
12.3. In the event of damage to vehicle equipment, repairs or purchase of equipment will be charged to the Client.
12.4. In the event of stains, dirt on the seats, chewing gum, liquid on the floor, cigarettes, etc., vehicle cleaning will be carried out by a professional at the price of :
€ 100.00 excl. VAT 21% for cars ;
€ 200.00 excl. VAT 21% for vans ;
€ 500.00 excl. VAT 21% for minibuses ;
€ 950.00 excl. VAT 21% for buses.
12.5. Any use of smoke bombs, firecrackers, bengal fires by the client or by his guests or any person related to the event for which we are commissioned is strictly
prohibited. Customers are therefore fully and jointly responsible for their audience.
Tasks on the covering or bodywork / windows will be replaced by Abritaxi suppliers or approved dealers (based on invoice / estimate). The days of immobilization of
the vehicle will also be counted with a lump sum of €500 per day.
13. GOVERNING LAW – COMPETENCE
13.1. The contractual relations between the parties to which the GTC apply are governed exclusively by Belgian law.
13.2. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these GTC, including those relating to its
validity, its construction or its enforceability will be subject to the exclusive jurisdiction of the courts of the judicial district of Brussels.
