Tracking portal

Terms and conditions

Article 1 Definitions

In these General Terms and Conditions (hereinafter: the “General Terms and Conditions”), the following terms shall have the meanings set out below:

  1. Connection; any facility offered by Rental Tracker to utilise (telecommunications) services on the Network.
  2. Subscription: any agreement with Rental Tracker for a connection (“Connectivity”) that includes periodic or one-off fixed charges.
  3. Contracting Party: the natural or legal person with whom Rental Tracker has entered into an Agreement.
  4. Services: the full range of services provided by Rental Tracker and third parties.
  5. End user: the individual (natural person) who uses a Product and/or makes use of a Connection.
  6. GPS hardware; GPS trackers and/or accessories.
  7. Installation; work relating to (in the broadest sense of the term) the fitting, removal and/or replacement of a Product in a property.
  8. Rental Tracker; trading name of Rental Tracker B.V., with its registered office in Eelde and registered in the Trade Register of the Chamber of Commerce under number 67689264.
  9. Network: the infrastructure, supplied and maintained by third parties and/or Rental Tracker, for (mobile) telecommunications services and/or other services.
  10. Agreement; any Agreement between Rental Tracker and the Contracting Party under which Rental Tracker supplies one or more Products and/or Services and/or carries out the Installation of a Product.
  11. Product: any product supplied by Rental Tracker, including GPS hardware.
  12. SIM card; the chip (card) which, together with a connection, enables the user to access telecommunications services via the network.
  13. Telecommunications service; a service which consists wholly or partly of the transmission or routing of voice and/or data traffic over the Network.

Article 2 General provisions

  1. Every Agreement shall be governed exclusively by Dutch law.
  2. The applicability of the (general) terms and conditions of the Contracting Party and/or the End User is expressly excluded.
  3. Rental Tracker is a supplier of Products and Services to the Contracting Party and the End User, and it carries out – if and to the extent agreed – Installation.
  4. The GPS hardware determines its location via GPS, and the range of the GPS hardware is adversely affected if it is not in clear line of sight of the GPS satellites;
  5. The GPS hardware must have both GPS and GSM coverage in order to transmit its location via the network to the GPS tracking server. If this coverage is insufficient, the GPS hardware will not transmit any location(s) and the last known location will be provided.
  6. With regard to Telecommunications Services, the ability to establish a connection, as well as the quality of that connection, is not the same or sufficient in every location and at all times. The Parties acknowledge that the Services (as well as the accuracy of the GPS data and/or the quality of the Network) may be adversely affected by external factors such as bad weather, tall buildings, tunnels, mountains, atmospheric conditions, modifications to and maintenance of the Network, etc. Rental Tracker shall endeavour, within the limits of what is reasonably possible for it, to minimise such limitations and/or disruptions and to remedy them – subject to the provisions of these General Terms and Conditions.
  7. If, during the term of an Agreement, Rental Tracker makes new Services available and/or changes its rates, these General Terms and Conditions shall continue to apply in full, unless they themselves are amended or there is an explicit (written) deviation from them.
  8. Rental Tracker is entitled to amend the Terms and Conditions unilaterally, including in respect of existing Agreements. The amendments shall take effect 30 days after notification, or at such later date as specified in the notification.
  9. Where Rental Tracker unilaterally amends the General Terms and Conditions and such amendments result in a deterioration in the service provided to the Contracting Party, and where the Contracting Party does not wish to accept these amendments to the General Terms and Conditions, the Contracting Party may terminate the Agreement in writing with effect from the date on which the new terms and conditions come into force. In such cases, notice of termination must be given in writing, by means of a letter sent by registered post and received by Rental Tracker before the date on which the new terms and conditions come into force.
  10. Should one or more provisions of these General Terms and Conditions be found to be invalid, this shall not affect the validity of the remaining provisions.
  11. Rental Tracker is authorised to engage third parties in the performance of its obligations under the Agreement.
  12. In the event of any conflict between these terms and conditions and the provisions of a specific Agreement entered into between the Contracting Party and Rental Tracker, the provisions of the Agreement shall prevail.

  13. Any deviation from these general terms and conditions is only permitted if expressly agreed in writing.

  14. If any part of these terms and conditions is void or is set aside, the remaining provisions of these terms and conditions shall nevertheless remain in full force and effect, and Rental Tracker and the Contracting Party shall enter into consultation with a view to agreeing on new provisions to replace the void or set-aside provisions, whilst taking into account, as far as possible, the purpose and intent of the void or annulled provisions.

Article 3 Conclusion of the Agreement

  1. Offers made by Rental Tracker are non-binding, unless explicitly agreed otherwise in writing.

  2. Offers made by Rental Tracker are valid for fourteen days (from the date on which the offer is sent), unless an offer explicitly states a different period.
  3. An Agreement and/or a Subscription is concluded when (and on the day that) Rental Tracker signs or confirms the Agreement or Subscription, or confirms the order placed with it by means of an order confirmation. Failure by the Contracting Party to (co-)sign and/or return the Agreement or Subscription to Rental Tracker shall not affect his or her obligation to comply with the rights and obligations under the Agreement.
  4. If the Contracting Party is a natural person, they are entitled to terminate the Agreement and/or the Subscription within 14 working days of the start date of the Agreement. In the event of such termination, the Contracting Party is obliged to return the Products to Rental Tracker in their original packaging and in their original condition within the aforementioned 14 working days; failing which, the Contracting Party shall remain liable for the cost of the Products and Services. Costs associated with installation will never be refunded by Rental Tracker and are payable by the Contracting Party at all times, even if the option to terminate the Agreement and/or the Subscription, as set out in this clause, is exercised.
  5. Rental Tracker is entitled to assign the Agreement and/or the Subscription (and the rights and obligations arising therefrom) in whole or in part to a third party or third parties.
  6. Once concluded, an Agreement may only be amended if and to the extent that this is agreed in writing.
  7. Rental Tracker shall not be bound by any undertaking made by its employees, unless such undertaking has been confirmed in writing by Rental Tracker to the Contracting Party or the End User.
  8. Rental Tracker shall under no circumstances be bound by a quotation if the client can reasonably understand that the quotation or offer, or any part thereof, contains an obvious error or typographical mistake.

  9. Prices, product specifications, terms and conditions, etc., as set out in quotations or the Agreement, do not automatically apply to future orders.

  10. Amendments and additions to the Agreement shall only be valid if they have been confirmed in writing by Rental Tracker.
  11. All details provided by Rental Tracker regarding the numbers, dimensions, weights and colours of the products have been compiled with care. Rental Tracker cannot guarantee that no discrepancies will arise in this regard. Samples, drawings, photographs, (3D) images or models shown or provided are merely illustrative of the products in question. Where the Contracting Party demonstrates that the products supplied deviate to such an extent from Rental Tracker’s specifications or from the samples, drawings, photographs, (3D) images or models to such an extent that the customer can no longer reasonably be obliged to accept them, the customer shall be entitled to terminate the agreement to the extent that such termination is reasonably necessary.

Article 4 Connection and Services

  1. An application for a Connection shall be made in the manner specified by Rental Tracker, subject to the Contracting Party providing or submitting the information or documents prescribed by Rental Tracker.

  2. As soon as possible after the conclusion of a Subscription or Installation, Rental Tracker will ensure that the Connection is brought into service by connecting the supplied SIM card(s) to the Network and providing the agreed Services.
  3. Rental Tracker is responsible for allocating one or more numbers to the Contracting Party, on the understanding that neither the Contracting Party nor the End User is entitled to any specific numbers. Rental Tracker is entitled – if and to the extent that there are reasonable grounds for doing so – to change the numbers allocated, without this giving rise in any way to a claim for compensation on the part of the Contractor and/or the End User.
  4. Rental Tracker provides the agreed services exclusively in the agreed countries and/or territories. In the absence of an exhaustive list of countries and/or territories, the provision of services is deemed to have been agreed for the country in which the relevant Rental Tracker branch is established. Unless expressly agreed otherwise in writing, ‘international services’ are understood to mean services provided in the following countries: Afghanistan, Albania, Anguilla, Antigua and Barbuda, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, the Bahamas, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bolivia (Plurinational State of), Brazil, the British Virgin Islands, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Canada, the Cayman Islands, Chad, Chile, China, Colombia, Congo, Republic of the Congo, Costa Rica, Croatia, Cyprus, the Czech Republic, Denmark, Dominica, Ecuador, Egypt, El Salvador, Estonia, the Faroe Islands, Fiji, Finland, France, Gabon, Georgia, Germany, Ghana, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guatemala, Guinea, Guyana, Haiti, Hong Kong, Hungary, Iceland, India, Indonesia, Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Korea, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Liechtenstein, Lithuania, Luxembourg, Macao, Macedonia, Malawi, Malaysia, Malta, Mexico, Moldova, Mongolia, Montenegro, Montserrat, Mar, Nepal, Netherlands, Netherlands Antilles, New Zealand, Nicaragua, Nigeria, Norway, Oman, Pakistan, Palestine, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Russian Federation, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Serbia, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Tajikistan, Tanzania, Thailand, Trinidad and Tobago, Tunisia, Turkey, Turks and Caicos Islands, Uganda, Ukraine, United Arab Emirates, United Kingdom – Jersey & Guernsey, United Kingdom, United Kingdom – Isle of Man, United States, Uruguay, Uzbekistan, Venezuela, Zambia.

Article 5 Installation

  1. If, and to the extent that the Installation forms part of the Agreement, the following shall apply:

    • Rental Tracker is entitled to have this carried out, in whole or in part, by third parties,
    • Rental Tracker is entitled to determine the location where this takes place,
    • Rental Tracker or a third party engaged by it shall be entitled not to carry out the Installation and to terminate the Agreement (without this giving rise to any obligation on its part to compensation or damages) should the survey of the property carried out prior to the Installation reveal that it is not, or is insufficiently, suitable for Installation (all of which is at the sole discretion of Rental Tracker).
  2. Rental Tracker or any third party engaged by it is authorised to supply Products or Services that differ slightly from those described in the Agreement, but which are functionally equivalent to them. If, in the opinion of the Contracting Party and/or the End User, Rental Tracker or a third party engaged by it has supplied the (installed) Products and Services in such a way that they differ materially from the agreed (installed) Products or Services, the Contracting Party shall be entitled to terminate the Agreement within 7 working days of the Contracting Party discovering the deviation or reasonably having been able to discover it. Rental Tracker shall under no circumstances be obliged to compensate for any loss suffered as a result.

Article 6 Duration of the Agreement or Subscription and Termination

  1. A subscription is entered into for an indefinite period.

  2. A Subscription entered into for an indefinite period may be terminated subject to one month’s notice. Termination by the Contracting Party must be effected by sending an email to Rental Tracker from the registered email address and must be received and confirmed by Rental Tracker. The date on which Rental Tracker receives the email shall be deemed the date of termination. Termination of a Subscription by notice shall under no circumstances entitle the Subscriber to a refund of any sums already paid.

  3. Rental Tracker is at all times entitled to terminate an Agreement and/or a Subscription (or to suspend the performance of its obligations), and/or to terminate it whilst retaining the right to claim alternative damages, in the event that the Contracting Party and/or the End User fails to fulfil one or more of the agreed obligations. Insofar as performance by the Contracting Party is still reasonably possible, a notice of default must be served. Notwithstanding the foregoing, termination (or suspension) of an Agreement and/or a Subscription without notice of default (and with immediate effect) is possible in the event of

    • (an application for) bankruptcy or (provisional) suspension of payments and/or

    • an application under the Debt Restructuring (Natural Persons) Act and/or

    • the expiry of a period specified for the fulfilment of any contractual obligation and/or
    • in the event that the Contracting Party or the End User causes (or threatens to cause) damage to the Network, Rental Tracker, its employees and/or third parties engaged by it, or if their use of the Products and/or Services constitutes one or more criminal offences and/or
    • in the event that the performance of the Agreement or the Rental Tracker Subscription becomes impossible or disproportionately onerous due to circumstances beyond our control.

Article 7: Fees and Prices

  1. The fees or prices for the Services and/or Products are payable to Rental Tracker in accordance with the fees or prices specified by it in the Agreement and/or the Subscription. VAT and other government-imposed levies are calculated on the amounts payable. All prices quoted are in euros and – unless explicitly stated otherwise – exclude value added tax (VAT) and other taxes or levies imposed by the government, as well as other costs such as, but not limited to, delivery and insurance costs.

  2. All prices and charges are payable from the moment an Agreement and/or a Subscription is entered into.
  3. Rental Tracker is entitled to increase prices after the date on which the Agreement and/or a Subscription comes into effect if, and insofar as, this relates to a change in or the introduction of taxes, levies or other government charges, or where there are price-increasing factors (such as the costs associated with the use of the Network).
  4. Without prejudice to the preceding article, Rental Tracker is entitled to adjust the prices of its Services and Products annually.
  5. If, as a result of unforeseen measures taken by national and/or European (public) bodies, as well as by the Netherlands Authority for Consumers and Markets (ACM), is required to make changes to any part of the Agreement, Rental Tracker may amend all prices in line with their interrelationships.
  6. Any costs arising from changes to the Agreement at the Contracting Party’s request will be charged by Rental Tracker as additional work.

Article 8 Payment

  1. All sums due to Rental Tracker must be paid by the Contracting Party without any deduction or set-off, in the manner specified by Rental Tracker.

  2. If Rental Tracker has not received any payment due within the period referred to in this clause, the Contracting Party shall be in default without further notice of default, and Rental Tracker shall, from that moment, be entitled to statutory interest, legal costs and (extrajudicial) debt collection costs, which – insofar as the Contracting Party is not a consumer – are set at 15% of the amount due (excluding VAT), with a minimum of €40. The amount due and the associated debt collection costs shall be calculated in accordance with the Debt Collection Costs Act.

Article 9 Delivery and Performance

  1. Delivery times or delivery periods specified by Rental Tracker are indicative in all cases; exceeding such a period shall not constitute a breach of contract on the part of Rental Tracker.

  2. Delivery periods specified by Rental Tracker shall commence at the time an Agreement is concluded, unless Rental Tracker requires further information, data and/or other documents for the performance thereof, or further formalities need to be completed, in which case the delivery period shall commence upon (full) receipt or the fulfilment of such formalities. Where Rental Tracker is entitled to advance payment under the Agreement, a delivery period shall not commence until such advance payment has been received.
  3. Delivery of a Product shall be deemed to have taken place at the time of handover to the Contracting Party or the End User, the handover of an Installation shall be deemed to have taken place if and as soon as Rental Tracker notifies the Contracting Party that the work has been completed, and Services shall be deemed to have been supplied at the time the Contracting Party or End User accepts them.
  4. If, and to the extent that, a delay occurs in the delivery or performance of the Agreement due to causes beyond Rental Tracker’s control, the delivery period shall be extended accordingly.
  5. Rental Tracker is entitled to (temporarily) suspend the provision of Services on a Connection, in whole or in part, for the purpose of carrying out updates, system adjustments, technical faults and/or maintenance, as well as in the event of non-compliance by the Contracting Party or End User with the Agreement and/or the provisions of these General Terms and Conditions and/or fraudulent use of the Products and/or Services.

Article 10: Trackers and SIM cards

  1. Upon the conclusion and entry into force of an Agreement, Rental Tracker shall supply the Contracting Party or End User with a Tracker, into which a SIM card is inserted for the GPS connection. The Tracker shall become the property of the Contracting Party or End User upon acceptance of the quotation and receipt of payment. The SIM card contained in the Tracker, including the associated telephone number, remains the property of, or belongs to, Rental Tracker as the sole rightful owner thereof. This SIM card may only be used in conjunction with Rental Tracker’s Tracker. In the event of any use of the SIM card other than the purpose for which it was made available by Rental Tracker to the Contracting Party or End User and inserted into the Tracker, as well as in the event of any use of the SIM card other than in conjunction with Rental Tracker’s Tracker and the Agreement entered into with Rental Tracker, the Contracting Party and/or End User shall owe Rental Tracker a sum of €100 per Tracker and per SIM card.

  2. Upon purchase or when taking out a Subscription, Rental Tracker shall provide the Contracting Party or End User with one or more SIM cards on a one-off basis, which may only be used for connectivity with Rental Tracker within a Rental Tracker product, failing which the amount specified in clause 10.1 shall become due.
  3. Rental Tracker remains the owner and rightful holder of the SIM cards and the associated numbers at all times.
  4. The subscription fee is charged per tracker per month.
  5. The Contractor and the End User must take care to protect the SIM card(s) against loss, misuse, theft or damage and – should any of these circumstances nevertheless arise – must notify Rental Tracker immediately.
  6. All costs arising from the use and misuse of the SIM card (as well as from its replacement in the event of loss or theft) shall be borne by the Contracting Party, as shall any loss suffered by Rental Tracker as a result of fraudulent use, misuse, theft or damage.
  7. In the event of excessive and/or unauthorised (data) usage, Rental Tracker may (temporarily) block the provision of Services on a Connection, in whole or in part, or deactivate the SIM card.
  8. Rental Tracker may instruct the Contracting Party or End User, for the purpose of continuing the provision of Services, to replace the SIM card if, in Rental Tracker’s opinion, there are (technical) grounds for doing so.
  9. Upon termination of an Agreement or a Subscription, the Contractor must return the SIM card(s) to Rental Tracker or (as instructed by Rental Tracker) destroy them.
  10. If the SIM card is removed from the Rental Tracker Wired Tracker, the connection is automatically lost and cannot be re-established straight away. Please contact Rental Tracker to resolve this.

Article 11 Transfer of Risk and Retention of Title

  1. The risk associated with (the use of) Products, Services and/or Installation passes to the Contracting Party or End User upon delivery.

  2. The Products supplied by Rental Tracker shall remain the property of Rental Tracker until the Contracting Party has paid all sums owed to Rental Tracker in respect of the supply of the Product, Installation and Services.
  3. Should Rental Tracker invoke the retention of title referred to in the preceding article, the Agreement concluded in this regard shall be deemed to have been terminated. The Contracting Party and the End User shall then be obliged, upon Rental Tracker’s first request to that effect, to grant Rental Tracker unhindered access to the (installed) Product and/or the premises in which the (installed) Product is located, in order to enable Rental Tracker to take back the Product and to cooperate fully in this regard (including, but not limited to, enabling Rental Tracker to dismantle an installed product).
  4. The Contracting Party and the End User are not permitted to dispose of, encumber or otherwise grant rights to third parties in respect of any Products, Installations or Services in respect of which Rental Tracker still retains title pursuant to the provisions of this article. The Contracting Party is obliged to notify Rental Tracker in writing without delay if and to the extent that any third party asserts rights over the Product subject to Rental Tracker’s retention of title.

Article 12 Advertising and Warranty

  1. The Contracting Party must inspect the delivered Product upon delivery to check for defects and to ensure that the quantities and type of Product are correct. In the event of any reasonably detectable defects, the Contracting Party must notify Rental Tracker in writing (by registered post) within a reasonable time (as soon as possible, but no later than within 5 working days), stating the nature of the complaints.

  2. In the event that a delivered Product or an Installation carried out by Rental Tracker is defective, the customer is entitled to the delivery of the missing part, repair or replacement (at Rental Tracker’s discretion), free of charge. If a Product is defective and the Installation was carried out by a third party (not by or through Rental Tracker), the Contracting Party is only entitled to a replacement of the Product in question free of charge, which will be sent to him/her within 7 days of Rental Tracker receiving the defective Product.

  3. The warranty referred to in the preceding articles shall not apply if: i. Any defect is the result of a cause attributable to the Contracting Party or End User, including (but not limited to) improper use, use contrary to the Product’s manuals and/or exposure of a Product to abnormal conditions; ii. the Contracting Party or End User has repaired a Product themselves (or has attempted to do so) and/or has had it repaired or modified by a third party; iii. Any defect in a Product is the result of improper use and/or improper handling of an Installation not carried out by Rental Tracker; iv. Any defect has been reported to Rental Tracker by the Contracting Party or End User after a period of 2 years has elapsed since the delivery or handover of a Product or an Installation; v. Insofar as any defect arises from regulations laid down by the government; vi.The Product has suffered water, impact, shock and/or dust damage.

Article 13 Force majeure

  1. In the event that a situation arises on the part of Rental Tracker and/or the Contracting Party as referred to in Article 6:75 of the Dutch Civil Code (“force majeure”), Rental Tracker shall be entitled to suspend the performance of its obligations under the Agreement and/or the Subscription. If the situation of force majeure persists for longer than a period of 6 months, Rental Tracker shall be entitled to terminate the Agreement and/or the Subscription. Such termination shall under no circumstances entitle the Contracting Party or End User to a refund of amounts already paid and/or compensation.

  2. Force majeure on the part of Rental Tracker is understood to include, amongst other things, any external cause that prevents or restricts the availability of the Network and/or prevents Rental Tracker from fulfilling its obligations towards the Contracting Party or the End User.

Article 14 Obligations of the Contracting Party and the End User

  1. The Contractor and the End User shall ensure that the Connections are used in the normal manner and shall be jointly and severally liable for any damage arising from the unauthorised use of the Services and the Connection.
  2. The use of the functionalities provided by Rental Tracker via the hardware and/or software is entirely at the risk and responsibility of the Contracting Party (and the End User). The Contracting Party hereby accepts full responsibility and all risks that the features used are, at the time of use, deemed to be safe for both the user and the environment, and to be in compliance with applicable laws and regulations.
  3. The Contracting Party and the End User must enable Rental Tracker (in the broadest sense of the term) to fulfil its obligations under the Agreement and the Subscriptions, in the manner specified by Rental Tracker; failing which, Rental Tracker shall not be held liable in any way. Any loss and/or costs arising from the Contracting Party’s or End User’s failure to comply with this obligation shall be borne by them.
  4. The Contracting Party and the End User shall indemnify Rental Tracker against all claims by third parties arising out of and/or in connection with the use by the Contracting Party and the End User of the Products and Services supplied by Rental Tracker.

  5. Neither the Contracting Party nor the End User is permitted to dispose of Products or Services (in any way whatsoever), other than with the express, written and prior consent of Rental Tracker.

Article 15 Personal and traffic data

  1. For further information and the terms and conditions regarding the processing of personal and traffic data by Rental Tracker, please refer to our privacy statement, which can be found at www.rentaltracker.nl.
  2. Rental Tracker protects all its data as effectively as possible and does not disclose it to anyone; nor is the data used for commercial purposes. Rental Tracker notes that it is legally obliged to comply with a request from the police and/or the judicial authorities for access to its data, should the police and/or the judicial authorities, with the authorisation of a judicial authority, require Rental Tracker to grant access to and disclose data (see also Article 18).

Article 16 Liability

  1. Rental Tracker shall not be liable for any damage arising from the conclusion or performance of an Agreement or a Subscription, unless otherwise provided for in this clause.
  2. Rental Tracker shall only be liable for direct loss (excluding loss of profit, business interruption, loss arising from delay, material or immaterial loss, and other indirect loss) arising from a deliberate, attributable and culpable breach on its part. Rental Tracker’s liability towards clients, arising from or in connection with the Installation and/or the supply of Products and/or Services, shall at all times be limited to the amount paid out in the relevant case under the (liability) insurance policy taken out by Rental Tracker(and). If, and to the extent that, for whatever reason, no payment is made under the aforementioned insurance policy or policies, Rental Tracker’s liability shall be limited to an amount equal to the sums charged by it in respect of the relevant Installation and/or the supply of Products and/or Services (excluding VAT).
  3. Without prejudice to the other provisions of these General Terms and Conditions, Rental Tracker shall not be liable for any loss or damage arising from
    • incorrect, improper or unlawful use of Products and Services,
    • the unavailability or inaccuracy of GPS data or notification information,
    • loss, theft, misuse or damage to a SIM card,
    • loss of login details,
    • installation or use of a Product,
    • disruptions to server or internet systems,
    • disruptions to or unavailability of the Network and/or any interruption or suspension of the Services in accordance with these General Terms and Conditions,
    • shortcomings on the part of telecommunications service providers,
    • loss of data,
    • limitations arising from the software and hardware used,
    • implementation of advice and/or recommendations from Rental Tracker,
    • incorrect interpretation of information provided by Rental Tracker – whether or not via its website.
  4. The Contracting Party is obliged to report claims to Rental Tracker in writing without delay, but in any event within 3 working days of discovering the damage or of the date on which they ought reasonably to have discovered it, failing which they shall forfeit any right to compensation.
  5. The Contracting Party shall at all times enable Rental Tracker to rectify any damage itself. If, and to the extent that, the Contracting Party or End User has damage repaired by a third party without Rental Tracker’s prior express written consent, the right to claim compensation from Rental Tracker in this regard shall lapse.

Article 17 Intellectual Property Rights

  1. All intellectual and/or industrial property rights relating to Products and Services are vested in Rental Tracker. The Contracting Party and the End User shall have no claim to such rights, other than the rights of use granted under the Agreement and/or in these General Terms and Conditions.
  2. Neither the Contracting Party nor the End User is permitted to make any alterations to the material supplied by Rental Tracker, including the removal or alteration of any indications relating to Rental Tracker’s intellectual property rights, including, in any event, copyright, word and/or figurative marks and/or trade names.
  3. In the event of a breach by the Contracting Party or the End User of any intellectual and/or industrial property right or of the provisions of this article, they shall forfeit an immediately payable penalty of EUR 25,000 (in words: twenty-five thousand euros), without prejudice to Rental Tracker’s right to recover the actual loss suffered.

Article 18 Data storage, privacy and confidentiality; public authorities

  1. Rental Tracker will make every effort to protect and secure its data and (internet) information relating to the use of the tracker. This data is not accessible to third parties and will never be voluntarily shared with them.

  2. Rental Tracker is the Contracting Party’s counterparty and provides the services as agreed with the Contracting Party. In providing these services, Rental Tracker makes use of computer software, web and server services provided by third parties, including internet service providers. Rental Tracker has implemented the highest possible security measures for its services and data storage. Rental Tracker shall not be liable for any loss suffered by the Contracting Party or any affiliated parties arising from or in connection with hacking, breaches of storage and/or internet systems, or other internet and/or data breaches, however caused.
  3. Rental Tracker draws the attention of the Contracting Party and/or other users of its services to the fact that (international) government authorities, including in particular the Ministry of Justice, may, by means of a court order or legal claim, demand access to Rental Tracker’s database, even without notifying Rental Tracker, and may request data including route information relating to the vehicle in which a tracker is fitted. This occurs in particular if the vehicle is involved in unauthorised use, criminal activities and/or an accident. Rental Tracker shall at no time be liable for such circumstances, nor for any loss whatsoever arising therefrom for the Contracting Party and/or other users of the tracker.

Article 19: Complaints, Disputes and Choice of Law

  1. All Agreements and Subscriptions are governed exclusively by Dutch law.
  2. In the event of complaints or disputes relating to an Agreement or a Subscription, the Contracting Party must, in the first instance, contact Rental Tracker, in accordance with the provisions of these General Terms and Conditions. Rental Tracker shall endeavour to deal with a complaint within 30 days of receipt and to enter into consultation with the Contracting Party.
  3. In the event that a dispute between the parties is not resolved in the manner referred to in the preceding paragraph, the District Court of the Northern Netherlands shall have jurisdiction to hear such disputes.
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