General Car Rental Conditions
Article 1 Definitions
1.1. In these General Car Rental Conditions, the following terms shall, unless the context requires otherwise, have the following meanings:
1.1.1. Additional Driver: an additional driver as indicated in the Rental Agreement for which a surcharge applies. The additional driver must meet all requirements also applicable to the Hirer, as specified in these General Car Rental Conditions.
1.1.2. CDW (Collision / Damage Waiver): If selected on the Rental Agreement or included in the rental rate, the option limiting the Hirer's liability for any Damage to the Vehicle not recovered from a third party, subject to the NWC. The CDW does not cover damage to the roof, tires, or windscreen, or for the loss/breakage of keys or fuel contamination.
1.1.3. Damage(s): Any form of harm or impairment sustained by the vehicle, including but not limited to glass, lights, tires, mirrors, as well as any damage incurred by third-party property, where applicable.
1.1.4. Full Insurance: If selected on the Rental Agreement or included in the rental rate, the option limiting the Hirer's liability for any Damage to the Vehicle not recovered from a third party and waiving the Hirer's financial liability in the event the Vehicle or its parts are stolen or in case of Damage to the undercarriage and/or roof of the Vehicle due to collisions with bridges, tunnels, overhanging structures, etc., all unless such loss occurred due to negligence or breach of the Rental Agreement by the Hirer, not subject to any NWC.
1.1.5. Hirer: The legal or natural person who enters into the Rental Agreement with Mat Company, acknowledging the these General Car Rental Conditions, and who is granted the privilege to operate the Vehicle.
1.1.6. In writing: Denotes communication conducted through written or electronic means, serving as a formal record of correspondence.
1.1.7. Location: The premises of Mat Company at Beechavenue 54, (1119 PW) Schiphol-Rijk, the Netherlands.
1.1.8. Mat Company: Mat Company B.V., a private company with limited liability, incorporated under the laws of the Netherlands, having its registered address at Beechavenue 54, (1119 PW) Schiphol-Rijk, the Netherlands.
1.1.9. NWC (Non-Waivable Charge): A fixed amount charged for each rental where CDW or LDW has been selected and where the Vehicle is returned with Damage, and the repair costs are not recovered from a third party, or in the event the Vehicle or its parts are stolen or in case of Damage to the undercarriage and/or roof of the Vehicle due to collisions with bridges, tunnels, overhanging structures, etc. The NWC amount may vary over time.
1.1.10. Personal Data: Any information that can be used to personally identify the Hirer or any Additional Drivers. This can include, but is not limited to, full names, contact details (such as phone numbers and email addresses), home addresses, date of birth, driver's license details, credit or debit card details, insurance details, and any other information required to fulfill the Rental Agreement. It can also encompass information related to the Hirer's usage of the Vehicle, such as location data, mileage, fuel usage, and information pertaining to any incidents or accidents involving the Vehicle. This data is collected, stored, and processed by Mat Company in accordance with applicable laws and regulations, as detailed in the Data Protection section of these General Car Rental Conditions.
1.1.11. Rental Agreement: The agreement between Mat Company as lessor and Hirer as lessee outlining the terms and conditions under which the Vehicle will be rented. The agreement can be concluded in electronic form.
1.1.12. Rental Period: The agreed-upon time duration commencing at the moment the Hirer takes possession of the Vehicle, as specified in the Rental Agreement, and concluding when the Vehicle is returned to Mat Company at the Location. This period includes any extensions made under mutual agreement or any delayed return of the Vehicle.
1.1.13. LDW (Loss Damage Waiver): If selected on the Rental Agreement or included in the rental rate, the option limiting the Hirer's liability for any Damage to the Vehicle not recovered from a third party and waiving the Hirer's financial liability in the event the Vehicle or its parts are stolen or in case of Damage to the undercarriage and/or roof of the Vehicle due to collisions with bridges, tunnels, overhanging structures, etc., all unless such loss occurred due to negligence or breach of the Rental Agreement by the Hirer and subject to the NWC.
1.1.14. Vehicle: The car supplied by Mat Company to the Hirer for the Rental Period, including all original parts and accessories that were present when the rental began.
Article 2 Applicability
2.1. These General Car Rental Conditions apply to all agreements concerning the rental of Vehicles by Mat Company to a Hirer, including, without limitation, the Rental Agreement.
2.2. The application of general terms and conditions used by the Hirer is expressly rejected, unless Mat Company has expressly and in writing accepted their application prior to the conclusion of an agreement.
2.3. If one or more provisions in these General Car Rental Conditions are invalid or void, or should be annulled, the remaining provisions of these General Car Rental Conditions remain fully effective. Mat Company and the Hirer will then agree on new provisions to replace the null or annulled provisions, where the aim and intent of the original provision will be approached as much as permitted.
2.4. Mat Company is entitled to amend these General Car Rental Conditions. The Hirer is considered to have accepted the relevant changes if a written protest against them is not received within fourteen days of Mat Company’s announcement of the change, which will be communicated to the Hirer through a method that allows confirmation of receipt, such as registered mail or email.
Article 3 Requirements Hirer and Additional Driver
3.1. The Hirer and any Additional Driver, if any, is obliged to possess and furnish a driver’s license, accredited by the Dutch authorities, with a validity of at least 12 months preceding the agreed rental term start. In circumstances where the license is in a non-Dutch official language, uses characters unreadable in the Netherlands, or is otherwise invalid within the European Union, a legitimate international driving license, supplementing the standard driving license, is mandatory. It is the responsibility of the Hirer and any Additional Driver to verify that their license is recognized by the Dutch authorities.
3.2. For the identification process, the Hirer and any Additional Driver, if any, must provide a legitimate identification card or passport.
3.3. The minimum criteria to lease a vehicle from Mat Company’s fleet require the Hirer and any Additional Driver, if any, to be at least 18 years of age, with a driving license held for not less than one year. Age stipulations can differ based on the Vehicle category and a young driver surcharge will be levied when the Hirer and/or an Additional Drivers is under the age of 25 years.
3.4. The aforementioned criteria are non-negotiable and must be met by all drivers. Only the individuals specified as (additional) drivers on the Rental Agreement are granted permission to drive the Vehicle. Unauthorized driving can lead to termination of the Rental Agreement and penalties.
3.5. The Hirer is required to provide a valid corporate or personal credit card with a minimum of six months validity post the estimated Vehicle return date. The credit card must have sufficient credit limit to cover the security deposit and all estimated rental charges. Credit card acceptance is subject to the approval limits set by the credit card company.
3.6. The Hirer must also demonstrate the ability to cover any potential costs or charges that may arise during the Rental Period including, but not limited to, excess charges, refueling charges, and Damage or loss of the Vehicle. Evidence of this ability could be, for instance, through a bank statement or credit card limit confirmation.
Article 4 Condition of the Vehicle
4.1. Before leaving the Location, the Hirer is required to undertake a comprehensive inspection of the Vehicle's condition. Any significant defects or Damage must be promptly reported to a Mat Company representative for a joint review of the Vehicle. Any defects identified should be noted and endorsed by both parties. Failure to notify and document these defects could result in the Hirer being liable for any undiscovered Damage upon the Vehicle's return. If the Hirer departs with the vehicle without reporting any defects or damage, it may be interpreted as an acceptance of the Vehicle's condition as it stands.
4.2. The Hirer bears the responsibility for returning the Vehicle in the same condition as it was received, with the exception of what Mat Company considers as reasonable wear and tear. Any charges related to repairs or refurbishments deemed outside of ordinary usage will augment the rental charge, along with a Damage administration fee in the amount of EURO 50.
4.3. The Hirer is expected to return the Vehicle in a clean and adequately maintained state. Should the Vehicle require cleaning exceeding the ordinary scope, Mat Company reserves the right to impose a reconditioning fee of EUR 250. These charges will be automatically debited from the Hirer's credit card, unless otherwise agreed upon in writing.
4.4. The entire fleet of Mat Company is designated as strictly smoke-free. If the Vehicle is returned with any evidence of smoking, including but not limited to odour or ashes, the Hirer will be subject to a cleaning charge of EURO 300. These charges will be automatically debited from the Hirer's credit card, unless otherwise agreed upon in writing.
4.5. The Vehicle will be provided to the Hirer with a full fuel tank or fully charged in the case of an electric Vehicle. The Hirer is obligated to return the Vehicle with a full fuel tank or fully charged. If the Vehicle is not returned with a full tank or fully charged, fuel or charging costs, along with a refueling or recharging service fee of EUR 50, will be incurred by the Hirer. These charges will be automatically debited from the Hirer's credit card, unless otherwise agreed upon in writing. Mat Company holds no obligation to refund any fuel or charging costs incurred during the Rental Period.
Article 5 Responsibilities and restrictions
5.1. The Hirer and any Additional Driver, if any, ensuring they are at all times in sound mental and physical health, unimpaired by any factors, and fully compliant with the law, are the only authorized drivers of the Vehicle.
5.2. The Vehicle is to be operated within the Netherlands. Upon explicit detailing in the Rental Agreement, the Vehicle may also be driven in designated foreign countries.
5.3. The Hirer is responsible for maintaining the Vehicle in good condition. All Damages and related costs, including a standard administration fee of EURO 50, are to be promptly compensated by the Hirer unless such Damages are insured in which case the terms and conditions of Article 9 applies.
5.4. The Hirer is obliged to comply with all traffic rules and regulations, bearing the costs for any fines or penalties incurred during the Rental Period, plus an administrative fee of EURO 50.
5.5. The Hirer is responsible for all fees, taxes, and penalties related to Vehicle use charged to Mat Company unless resulting from Mat Company's fault. All costs associated with the Vehicle's use, such as toll fees, environmental badges, and parking, are to be borne by the Hirer.
5.6. During the Rental Period, the Hirer must conduct routine checks, maintain the Vehicle's oil level and tire pressure, and facilitate any necessary maintenance as requested by Mat Company.
5.7. The Vehicle must be used responsibly and for its intended purpose only as defined by Mat Company. The restrictions include but are not limited to, operating under the influence, transporting harmful or dangerous substances, carrying excessive load, transporting live animals, using a roof rack, luggage carrier or similar (unless provided by Mat Company), towing other vehicles, subletting, or illegal activities or unsecured activities such as driving on a race track.
5.8. The Hirer is liable for all traffic regulation violations committed during the Rental Period and must ensure the Vehicle's safety when parked, using all security devices provided.
5.9. In case of Vehicle malfunction or indications thereof (such as warning lights), the Hirer is obligated to stop the Vehicle and inform Mat Company without delay. Mat Company reserves the right to either replace the Vehicle or approve repairs. Any unauthorized repair expenses will not be reimbursed by Mat Company to the Hirer.
5.10. Throughout the Rental Period, the Hirer enjoys the advantage of a breakdown assistance service in case of mechanical faults and accidents. This service can be reached via the phone number provided in the Rental Agreement.
Article 6 The Rental Period
6.1. The Hirer agrees to return the Vehicle to Mat Company at the Location, at the time and date specified in the Rental Agreement.
6.2. The Rental Period is calculated in terms of indivisible periods of 24 hours, beginning from the time when the Vehicle is made available to the Hirer, defined as the moment the Rental Agreement is signed or the Vehicle is picked up by the Hirer.
6.3. If the Hirer desires to retain the Vehicle beyond the Rental Period initially defined in the Rental Agreement, they must first receive express consent from Mat Company. The request for extension must be in writing or through direct communication with Mat Company, which may necessitate the Hirer to physically visit the Location.
6.4. The Vehicle's insurance coverage is confined to the Rental Period specified in the Rental Agreement. Should the Hirer exceed this Rental Period without Mat Company's explicit written consent, the Hirer shall be held accountable for any and all damages, including Damages to the Vehicle and any consequences resulting from the lack of insurance coverage..
6.5. For requests by the Hirer and subsequent written consent from Mat Company for Vehicle delivery or collection, additional charges may apply. The Hirer must adhere to additional instructions and verify this information at the time of reservation.
6.6. Upon return of the Vehicle, the Hirer must complete and provide essential details, including but not limited to the return date and time, mileage, fuel gauge reading, and other details specified in the Rental Agreement.
6.7. Should Mat Company demand immediate return of the Vehicle, the Hirer shall comply forthwith. In the event of non-compliance, the Hirer grants Mat Company the authority to repossess the Vehicle and shall bear the cost of such repossession. Mat Company reserves the right to repossess the Vehicle without any prior notification or liability if such action is deemed necessary for its protection.
6.8. The termination of the Rental Agreement is marked by the return of the Vehicle and its keys to Mat Company at the Location during official business hours. Keys must only be returned to an employee of Mat Company.
6.9. In circumstances where the Vehicle is returned without its keys, or if items are left in the Vehicle, the Hirer shall bear the cost of key replacement and Mat Company will not accept liability for the left items.
6.10. In case of Vehicle theft, accident, impounding, or other measures by third parties, the Hirer must immediately notify Mat Company in writing. Any loss or Damage resulting from such incidents will be the Hirer's responsibility, unless it is proven that Mat Company is directly responsible or if it is insured in which case the terms and conditions of Article 9 applies.
6.11. Any misuse of the Vehicle that may potentially harm Mat Company will result in the immediate termination of the Rental Agreement, and the Hirer must return the Vehicle immediately upon request.
6.12. In the event of an accident, the Hirer is obligated to report to the police and Mat Company promptly, and no later than one hour after the occurrence of the accident. The Rental Agreement will be considered terminated when Mat Company receives a completed incident report.
6.13. Mat Company bears no responsibility for loss or damage relating to items transported or found in the Vehicle, including baggage or goods.
Article 7 Rates
7.1. The total charges for each Rental Agreement will be determined in accordance with Mat Company’s prevailing pricing structure at the initiation of the Rental Period or the standard rate as specified by Mat Company on its website. These charges may include, but are not limited to, the rental fee, Additional Driver surcharge, fuel charges, coverage options, and any other applicable fees or taxes. If the Hirer fails to meet the predefined conditions for any specific, contractual, or promotional rate, the Hirer will be required to pay the standard rate as specified by Mat Company.
7.2. In the event of an extension of the Rental Period that wasn't initially agreed upon, the charges will be calculated based on the standard rate for the additional days, unless otherwise negotiated in writing. All charges will be clearly itemized in the Rental Agreement and must be paid in full by the Hirer at the end of the Rental Period or upon demand by Mat Company, as stipulated in the Rental Agreement.
Article 8 Terms of Payment
8.2. Unless the Hirer provides a different acceptable method of payment, the charges incurred under the Rental Agreement will be billed to the provided credit card upon the Vehicle's return. This will include any charges for Damage, fines, taxes, penalties, and related administrative fees associated with the Rental Period. These charges may be debited from the provided credit card even after the return of the Vehicle if the costs become apparent post Rental Period.
8.3. Failure to pay by the due date indicated on the invoice will result in the Hirer being liable for the payment of interest on the overdue amount in accordance with the terms stated on the invoice, if any.
8.4. Non-payment of any invoice by its due date or any other default in payment will result in all outstanding invoices becoming due immediately. This will empower Mat Company to demand the immediate return of any Vehicles still on rent and to terminate any Rental Agreements relating to such rentals.
8.5. In the event of non-payment past the due date, Mat Company reserves the right to charge the Hirer for all judicial and extrajudicial costs incurred following the expiry of the payment term. The Hirer shall be responsible for these costs. The extrajudicial costs are set at 15 percent of the total invoice amount, with a minimum of EUR 250, without prejudice to Mat Company's right to claim compensation for the actual collection costs incurred.
8.6. The fees applicable to the rental, additional services, and optional coverages or insurances are those in effect on the date of the Rental Agreement issuance and correspond to the original characteristics indicated by the Hirer at the time of reservation (such as vehicle type and Rental Period). Any modification in these characteristics may result in the application of an alternative tariff defined or explained further by Mat Company. Mat Company reserves the right to adjust charges based on any changes to the Rental Agreement, and the Hirer agrees to pay any such additional charges.
Article 9 Insurance and Coverage
9.1. Every Vehicle within the Mat Company fleet is insured under a third-party liability insurance policy. This policy offers coverage up to a maximum of EUR [●] for bodily injuries and EUR [●] for property damage the Hirer may cause to a third party during an accident involving the Vehicle. To fully benefit from the insurance provisions, the Hirer must adhere to the terms and conditions of these General Car Rental Conditions.
9.2. The Hirer can choose from the following additional insurances during the Rental Agreement process: CDW, LDW, or Full Insurance. The selected insurance's limitations apply. The Hirer should note that any selected damage waivers may be nullified if they fail to take adequate steps to secure the Vehicle, breach any restrictions on the Vehicle's use, or misuse or mistreat the Vehicle in any way. The optional damage waivers provided by Mat Company are only valid for the duration of the Rental Agreement and are dependent on the Hirer's compliance with the stipulations of the Rental Agreement and these General Car Rental Conditions.
9.3. The Hirer holds full liability for any Damage to the Vehicle during the Rental Agreement. In the event of theft or Damage to the Vehicle, the Hirer must fully compensate Mat Company, which may include costs related to repairs, depreciation, loss of use, and administrative charges. The liability amount will not exceed the Vehicle's market value at the time of the incident. The insurance policy does not cover Damage to the undercarriage and/or roof resulting from collisions with bridges, tunnels, overhanging structures, etc., unless the Hirer can demonstrate such Damage resulted from force majeure or if the Full Insurance plan was selected.
9.4. Upon the conclusion of the Rental Period, if there is any Damage or theft, the Hirer will be charged the NWC in accordance with current rates unless the Full Insurance plan was chosen or if the CDW or LDW plans were not selected. If the Damage amount is less than the NWC (in case the CDW or LDW plan was selected) or if the CDW or LDW plan was not chosen, charges will be applied according to Article 9.5.
9.5. Mat Company will document all visible minor Damage to the Vehicle, both at check-out and check-in, with the Hirer. Any new minor Damage at the end of the Rental Period will be immediately identified and documented. The Hirer will be charged for such per-occasion Damage at the repair price or as per the Damage cost matrix. If Mat Company's loss is later reduced (for example, due to the Vehicle's recovery within 60 days, or partial or total liability on the part of a third party), the Hirer will receive a corresponding refund. Mat Company will bill these repair costs directly to the Hirer, including the cost of Damage repair, administrative charges, immobilization costs, spare parts, and labor costs. These invoiced repair costs are payable under the same conditions as the rental fees under the Rental Agreement.
9.6. The Hirer will be liable to Mat Company if they breach the Rental Agreement and these General Car Rental Conditions. Consequently, the Hirer will be held accountable for any financial loss Mat Company suffers as a result of such breach and for any claims by third parties related to it. The Hirer agrees to reimburse Mat Company for any expenses incurred in enforcing these terms. Under no circumstances will Mat Company or its officers, directors, or employees be liable to the Hirer for any direct, indirect, or consequential damages (like loss of business or profit) that arise from or are connected with the rental or use of any Vehicle, whether the action is based on contract or tort. The Hirer will indemnify and hold Mat Company harmless from all claims, liabilities, damages, losses, or expenses resulting from the rental and/or use of the Vehicle.
Article 10 Data Protection
10.1. Mat Company, acting as an independent data controller, can utilize the Personal Data (along with the personal data of any Additional Driver) collected in association with the Rental Agreement or any correlated agreement or service. The Personal Data may be disclosed for the following purposes:
10.1.1. To manage the rental and the commercial relationship, to communicate with the Hirer, or to assist with the rental. Mat Company processes the Personal Data for these purposes based on (i) contractual necessity (for instance, billing) or (ii) its legitimate interests in guaranteeing the effective delivery of requested services, when these interests are not overridden by the Hirer’s – and any Additional Drivers’ – data protection rights.
10.1.2. To store the Personal Data associated with any incident arising from the Hirer’s or an Additional Driver’s interactions with Mat Company. This is done when Mat Company believes that, as a result of such incident, the Hirer or an Additional Driver could pose a risk for future rentals. Mat Company processes the Personal Data for this purpose based on its legitimate interests in safeguarding its employees, other customers, the public, and its property from safety or financial risks based on past customer conduct, when these interests are not overridden by the Hirer’s – and any Additional Drivers’ – data protection rights.
10.1.3. To verify personal, driving, and credit information (including the Personal Data) provided by the Hirer and any Additional Driver. This is done through credit agencies, relevant driver and vehicle licensing agencies, fraud prevention agencies/databases, or other sources. Mat Company processes the Personal Data for this purpose based on its legitimate interests in preventing fraud, when these interests are not overridden by the Hirer’s – and any Additional Drivers’ – data protection rights.
10.1.4. To provide details of any accidents involving the Hirer or any Additional Driver of the Vehicle (including the Personal Data) to relevant insurance databases. Mat Company processes the Personal Data for this purpose when it's necessary for the establishment, exercise, or defense of legal claims.
10.1.5. To provide the Personal Data to government agencies overseeing road scheme programs, aiming to assist in the enforcement of any traffic regulation during the Rental Period. Mat Company processes the Personal Data for this purpose to ensure its compliance with applicable legal obligations.
10.1.6. To provide the Personal Data to the relevant motor tax office or authority, debt collectors, credit agencies, and any other relevant organization or authority. This is done based on (i) contractual necessity, (ii) compliance with a legal obligation and/or (iii) Mat Company’s legitimate interests to recover any pending debt.
10.2. Mat Company retains the Personal Data for commercially reasonable periods of time or in accordance with specific laws or policies. Information collected for a specific purpose will only be used for that purpose and, after a reasonable period, will no longer be actively stored when that purpose has been fulfilled. Inactive data may continue to be used for statistical, marketing, archiving, and other analytical purposes.
10.3. The Hirer has the right to: (i) access and port his Personal Data (including in certain cases in a commonly used, machine-readable format); (ii) have his Personal Data rectified (where it is inaccurate or incomplete); (iii) have his Personal Data erased when Mat Company no longer has any legitimate reasons to process it; (iv) have his Personal Data restricted; (v) object to Mat Company's processing of his Personal Data under certain circumstances; and (vi) lodge a complaint with the applicable supervisory authority.
10.4. If the Hirer has any questions in relation to the above use of his Personal Data, he should contact Mat Company in the first instance.
Article 11 Miscellaneous
11.1. Neither Mat Company nor its staff, including directors and officers, will be held accountable for any losses or damages suffered by the Hirer, including but not limited to lost profits or earnings. Also, as far as permissible by law, Mat Company will not be responsible for indirect consequential damages regardless of whether the Hirer's claim is based on contract or tort law.
11.2. The failure of Mat Company to enforce at any time any article or part thereof of the Rental Agreement and these General Car Rental Conditions, or the failure to require timely performance by the Hirer of any article or portion thereof, shall in no way constitute a present or future waiver of such article or portion thereof, nor in any way affect the validity of Mat Company to enforce each and every article of the Rental Agreement and these General Car Rental Conditions.
Article 12 Applicable law and disputes
12.1. All legal relationships and agreements between Mat Company and the Hirer, including the Rental Agreement, are subject to Dutch law.
12.2. All disputes, of any nature - including those that are considered as such by only one of the parties - that may arise from the Rental Agreement, these General Car Rental Conditions or from the agreements that result from it, between Mat Company and the Hirer, will be settled by the court in Amsterdam. Mat Company retains the right to submit the dispute to the court competent according to Dutch law.
