In these General Terms and Conditions, the following definitions apply:

• Lessee: any natural or legal person who enters into an agreement as referred to in Article 2 with ATL Renting B.V. or any of its affiliated companies,
• Agreement: any agreement referred to in Article 2,
• Goods: one or more vehicles (tractors, trailers and/or other items) rented out by ATL Renting B.V. to the Lessee.

These General Terms and Conditions, Version 2018.001 as known and accepted by the Lessee, apply to all negotiations, quotations and agreements relating to lease, rental and hire, as well as related agreements, entered into by

ATL Renting B.V., insofar as it acts as the lessor of goods as referred to in Article 1.

1. The rental agreement is entered into for the period stated in the rental agreement. Unless otherwise agreed, the estimated end date is to be regarded as the final end date.
2. The rental fee owed by the Lessee to ATL Renting B.V. is calculated from the day on which the Goods are rented out according to the agreement up to and including the termination date, being the day on which the Goods are delivered at the premises of ATL Renting B.V. by the Lessee or, if necessary, by ATL Renting B.V. Once the rental period exceeds five working days, no rental fee will be charged for the day of departure if the Goods are collected at least one hour before ATL Renting B.V.’s closing time. Likewise, in such case, no rental fee will be charged for the day on which the Goods are returned to ATL Renting B.V., provided this takes place within one hour after ATL Renting B.V.’s opening time.
3. If the Lessee does not make use of the Goods, this is at the Lessee’s own risk and therefore has no effect on the fulfilment of the payment obligation towards ATL Renting B.V.
4. Rental prices are exclusive of VAT and additional costs (including transport) charged by ATL Renting B.V., according to the price lists applied by ATL Renting B.V. and valid at the time of rental. For work performed outside normal office hours, on Saturdays, Sundays and public holidays, ATL Renting B.V. may charge the Lessee different rates. The rental prices applied are calculated per working day or per month. Insurance premiums are calculated per calendar day. However, in the event of a rental period of less than six working days, the agreed rental price will be charged per calendar day.

When entering into a rental agreement, the Lessee may choose from the following types of rental agreement:

• operational rental agreement: in addition to the rental of the Goods, this includes maintenance of the Goods, normal tyre wear, inspections, road tax, and insurance pursuant to the Motor Insurance Liability Act (WAM). Not included are all other government levies, fines, damage caused by use, comprehensive insurance, etc. With regard to the operational rental of a tractor unit, contrary to what is stated in this paragraph, the costs of insurance under comprehensive insurance policies are included, insofar as they relate to the tractor unit.
• net rental agreement and net lease agreement: this only includes the rental of the Goods. Not included are maintenance, tyre wear, inspections, all other government levies, road tax, damage caused by use, comprehensive insurance, and insurance pursuant to the Motor Insurance Liability Act (WAM), fines, etc. With regard to the net rental and net lease agreement of a trailer, contrary to what is stated in this paragraph, the costs of insurance under the Motor Insurance Liability Act (WAM) are included, insofar as they relate to the trailer.

A possible purchase option may only be exercised at the earliest one month before the end of the contract and must be done by registered letter. If the option is not exercised, the rental continues. If the option is exercised, the sales invoice will be issued after receipt of the licence plate. The option right is only acquired if all contractual obligations between the parties regarding rental, maintenance, damage cases, payments and all matters relating to the commercial relationship between the parties have been fulfilled; if not, the option is suspended and the rental continues at the standard daily rate.

1. The rental period and/or agreement commences at the moment the rented Goods are made available to the Lessee by ATL Renting B.V. All stated delivery periods are indicative only. General delays in delivery cannot give the Lessee grounds for termination of the agreement, nor for compensation, nor for refusal, nor for non‑payment by the Lessee.
2. ATL Renting B.V. invoices as standard at the commencement of the rental agreement.
3. The Goods are made available to the Lessee at the depot of ATL Renting B.V., or at any other location designated by ATL Renting B.V.
4. ATL Renting B.V. is entitled to deliver Goods other than those initially requested by the Lessee, provided such other Goods are deemed usable for the Lessee, without this giving the Lessee any right to dissolve the agreement and/or suspend its payment obligations towards ATL Renting B.V. If possible, ATL Renting B.V. will give the Lessee the opportunity to exchange the Goods at a later time for the Goods initially agreed upon.
5. The Lessee will only receive the Goods from ATL Renting B.V. after ATL Renting B.V. has received copies of the insurance document referred to in Article 11 paragraph 6.
6. Upon delivery of the Goods to the Lessee, the Lessee and ATL Renting B.V. shall carefully inspect the Goods and record any comments regarding the condition of the rented Goods on the agreement.

1. As soon as the Goods have been made available to the Lessee, the Lessee is fully responsible and liable for the rented Goods, and their use is at the Lessee’s own expense and risk. The Lessee shall take care of the Goods as a prudent owner and shall secure them effectively.
2. The Lessee shall use the Goods in a professional manner, in accordance with the purpose for which they were made. If certain risks are associated with the Lessee’s use, the Lessee is obliged to inform ATL Renting B.V. of this in writing at the commencement of the rental agreement.
3. During the rental period, the Lessee is obliged to comply with all applicable safety regulations and other government regulations. The Lessee indemnifies ATL Renting B.V. against all damage resulting from the Lessee’s failure to comply with these regulations. The Lessee must arrange any permits, driving licences, etc. required for the use of the Goods. Any costs associated with this are for the Lessee’s account.
4. The Lessee is not permitted to: a. carry out repairs to the Goods or replace parts and/or make other changes to the Goods, except with the express prior permission of ATL Renting B.V. and subject to the conditions set out in Articles 6.5 and 6.6; b. sublet the Goods, pledge them, encumber them, dispose of them, or otherwise make them available to any third party; c. activate the Goods on its balance sheet and/or apply depreciation to them. ATL remains the owner in both economic and legal terms throughout the entire agreement, without prejudice to Article 15 (“Third‑party clause”).
5. The Lessee shall provide fuel for the Goods, charge any batteries, and clean the Goods regularly.
6. The Lessee shall daily: a. check the Goods for proper functioning; b. check the levels of lubricating oil, coolant, antifreeze, battery water, hydraulic oil, brake fluid and any other fluids, and top up as necessary in accordance with the regulations applicable to the Goods, as set out in the instruction manual belonging to the Goods; c. check the tyres to ensure they are in good condition and have the correct tyre pressure. The Lessee shall adjust the tyre pressure to the prescribed level if necessary; d. inspect the condition of the various fluid systems of the Goods, such as hoses and couplings.
7. In the event of theft of the Goods or upon discovering damage, imminent damage, or any defect to the Goods, the Lessee is obliged to notify ATL Renting B.V. immediately. In the event of theft, the Lessee is obliged to report this to the police without delay. If ATL Renting B.V. suffers any damage as a result of the Lessee’s failure to comply with this reporting obligation, the Lessee is liable for such damage.
8. The Lessee is obliged, upon request from ATL Renting B.V., to make the Goods available for inspection and/or maintenance other than daily maintenance. The Lessee grants ATL Renting B.V. prior permission to enter the Lessee’s buildings and premises, or buildings and premises where the Goods are located.
9. If an agreement is concluded with multiple Lessees, all obligations under the agreement on the part of the Lessees shall be joint and several.
10. Lessees are obliged to allow ATL Renting B.V. to affix (light) advertising, markings or other indications on the Goods. The Lessee is only permitted to affix (light) advertising, markings or other indications on the Goods for the duration of the agreement after obtaining written permission from ATL Renting B.V.
11. The Lessee shall keep a register at its office indicating where the Goods are located. This register also records all maintenance work and repairs carried out by the Lessee in accordance with Article 6 paragraph 4. The Lessee grants ATL Renting B.V. the right to inspect this register and to inspect the Goods during office hours.
12. The Lessee is not permitted to take the Goods outside the territorial area of the European Union without the express permission of ATL Renting B.V.
13. ATL Renting B.V. reserves the right to affix identification marks, stickers, inscriptions or other messages to any product indicating ATL Renting B.V.’s ownership of the Goods. The Lessee shall not remove, conceal, damage or erase these identification marks, stickers, inscriptions, etc.

1. In the case of an operational rental agreement, Goods of the type “trailer” must, after an appointment has been made, be brought to a service point designated by ATL Renting B.V. every ten weeks, and Goods of the type “tractor unit” every 30,000 km, in order to enable ATL Renting B.V. to carry out maintenance on the Goods. ATL Renting B.V. will, where necessary, replace all parts, accessories and tyres for the purpose of such maintenance.
2. All costs related to unusual wear and tear, as well as all damage caused by the Lessee during the rental period, will be charged by ATL Renting B.V. to the Lessee.
3. ATL Renting B.V. is entitled to rectify any repairs or maintenance work carried out by the Lessee on the Goods, or carried out by third parties on behalf of the Lessee, whether or not in consultation with ATL Renting B.V., at the Lessee’s expense if such work has not been performed to the satisfaction of ATL Renting B.V.
4. At the end of the rental agreement, ATL Renting B.V. has the right to have the Goods made available to the Lessee restored as much as possible to the condition in which they were at the commencement of the rental agreement, and to charge the costs of restoring the Goods to the Lessee, except insofar as this concerns normal and customary wear and tear of the rented Goods.

1. The Lessee must deliver the Goods no later than the end of the working day on which the rental agreement ends, at the depot of ATL Renting B.V., or at any other location designated by ATL Renting B.V.
2. If the Goods are not returned to ATL Renting B.V. on the day on which the rental agreement ends according to the agreement concluded between the parties, or if ATL Renting B.V. for any reason must recover the Goods itself, the rental agreement continues until the Goods have been delivered to the offices of ATL Renting B.V., and the Lessee owes ATL Renting B.V. a fee based on the rental rates applied by ATL Renting B.V., calculated from the end date stated in the agreement until the Goods have been returned to the offices of ATL Renting B.V.
3. The Lessee shall return the Goods clean and with charged batteries at the end of the rental agreement. Upon transfer of the Goods to ATL Renting B.V., an inspection will take place and ATL Renting B.V. will prepare an inspection report, of which the Lessee will receive a copy if deviations are found compared to the condition of the Goods at the time of delivery.
4. In the event of special circumstances, including those referred to in Article 9, ATL Renting B.V. must be given the opportunity by the Lessee to collect the Goods. If it is not possible for ATL Renting B.V. to collect the Goods immediately at the end of the rental agreement, the Lessee must ensure that the Goods can remain at the collection location for a reasonable period at the Lessee’s risk and expense.
5. If the original documents belonging to the Goods are missing at the end of the rental agreement, the Lessee remains liable to pay ATL Renting B.V. a fee equal to the daily rental rate until the relevant documents have been returned to ATL Renting B.V., or until ATL Renting B.V. has obtained new documents from the relevant government authorities, all at the Lessee’s expense.
6. In the event of theft, loss, fire, damage to the Goods or destruction of the Goods during the rental agreement, regardless of the cause, the rental agreement and the obligations arising from it for the Lessee continue until ATL Renting B.V. has been compensated by the insurer.

1. ATL Renting B.V. has the right, without requiring prior notice of default and without the Lessee acquiring any right to compensation, to terminate the agreement(s) with the Lessee by means of a written declaration to the Lessee in the event of: a. improper fulfilment by the Lessee of its obligations under the agreement; b. application for bankruptcy or suspension of payments by the Lessee; c. attachment of the rented Goods by third parties at the expense of the Lessee; d. circumstances relating to the Lessee that entail a significant increase in the risk for ATL Renting B.V. and/or may impede the normal execution of the agreement.
2. In the event of force majeure, ATL Renting B.V. has the right to terminate the agreement in whole or in part without judicial intervention, or to suspend its performance, without ATL Renting B.V. being obliged to pay any compensation.

1. In the case of operational rental agreements, ATL Renting B.V. has the right, in the event of early termination of the agreement due to the actions and/or omissions of the Lessee, to claim compensation of at least an amount equal to the remaining rental sum up to the originally agreed end of the agreement.
2. In the case of net rental or net lease agreements, ATL Renting B.V. has the right, in the event of early termination of the agreement, to claim compensation of at least 75% of the total payment obligation owed during the term of the agreement, without prejudice to the right of ATL Renting B.V. to claim compensation for any additional damages.
3. In addition to the provisions of paragraph 2, ATL Renting B.V. is at all times entitled to set off the security deposit received by it against the compensation owed by the Lessee.

1. Except in cases involving intent or gross negligence on the part of ATL Renting B.V., ATL Renting B.V. is not liable for: a. damage resulting from delayed delivery and/or defects in the Goods, or other actions on its part; b. damage caused by intent, fault or negligence of persons engaged by ATL Renting B.V. in the performance of the agreement; c. damage caused by auxiliary and transport equipment used by ATL Renting B.V.
2. ATL Renting B.V. is never liable for any consequential damage suffered by the Lessee.
3. During the period in which the Goods are in the Lessee’s possession, the Lessee is liable towards ATL Renting B.V. for all damage to the Goods, regardless of whether such damage is covered by any insurance. Damage also includes loss, embezzlement, disposal, theft and total loss.
4. The Lessee is liable for all damage caused by the Lessee or by the use of the Goods during the period in which the Goods are in the Lessee’s possession, regardless of whether such damage is covered by any insurance. The Lessee indemnifies ATL Renting B.V. against all third‑party claims for compensation related to (the use of) the Goods.
5. The insurance pursuant to the Motor Insurance Liability Act (WAM) (hereinafter also: WAM insurance) is arranged by ATL Renting B.V., unless and insofar as there is net rental or net lease of a tractor unit, in which case the Lessee shall arrange a WAM insurance at its own expense, or request ATL Renting B.V. to arrange this at the Lessee’s expense, subject to the provisions of paragraph 6 of this article. The premium ATL Renting B.V. is required to pay for the Goods under the WAM is included in the rental price.
6. The rented Goods must be covered by a comprehensive (casco) insurance and, in the case of net rental or net lease of a tractor unit, by a WAM insurance. At the Lessee’s choice, the Lessee may take out this insurance itself, or ATL Renting B.V. may arrange it.
7. If the Lessee wishes to take out the insurance itself, the following provisions apply: a. The Lessee shall, at its own expense, take out one or more insurance agreements with an insurance company approved by ATL Renting B.V., in order to insure the rented Goods against the following risks:

• all damage to the Goods, as well as damage resulting from theft, fire, accident, loss, destruction, for an amount equal to the replacement value of the Goods, as well as unlimited coverage for towing and recovery costs. Such insurance shall be taken out with ATL Renting B.V. as the beneficiary, so that all compensation from the insurer is paid directly to ATL Renting B.V. without exception, suspension or set‑off;
• statutory liability for all damage caused by or with the Goods, including death, bodily injury, material damage, for an amount of at least € 2,500,000;
• legal assistance insurance for disputes arising from the occurrence of the above risks. b. All insurance policies must include a clause stating that the policy cannot be unilaterally amended or terminated by the insurer without ATL Renting B.V. being notified in writing at least 30 days in advance. ATL Renting B.V. must be informed by the Lessee and its insurer in the event of late payment of insurance premiums by the Lessee. c. The Lessee shall provide ATL Renting B.V. with a copy of the policy document, as well as the applicable policy conditions and any other conditions relating to the insurance. d. Any uninsured risks and the applicable deductible are for the account and risk of the Lessee.

1. If the Lessee requests ATL Renting B.V. to arrange the insurance in accordance with Article 11 paragraph 6 sub 1 and/or Article 11 paragraph 5 sub 1 (WAM insurance for a tractor unit under net rental or net lease), the following clauses apply: a. The insurance premium is calculated per calendar day and charged by ATL Renting B.V. to the Lessee; b. For the comprehensive insurance, the deductible is € 1,250, and for the liability insurance € 1,000 per claim. These deductible amounts may change. The deductible owed is charged by ATL Renting B.V. to the Lessee. If a second claim occurs within one month in which the deductible is owed, ATL Renting B.V. is entitled to double the deductible owed by the Lessee as a penalty; c. The comprehensive insurance and liability insurance arranged by ATL Renting B.V. cover damage resulting from accident, theft and fire. Excluded from coverage is damage caused, for example, by excessive load; failure to observe height restrictions when driving under bridges and viaducts; intent or deliberate recklessness of the driver, including alcohol and drug use; usage damage; vandalism; and failure to comply with driving and rest time regulations. d. Any uninsured risks and the applicable deductible are for the account and risk of the Lessee. e. The insurance arranged by ATL Renting B.V. only provides coverage for the Lessee if the Lessee has paid the insurance premiums owed to ATL Renting B.V.
2. Without prejudice to the obligations of the Lessee arising from Article 6 paragraph 7, if the Lessee arranges the insurance itself, the Lessee must notify the insurer of the Goods immediately in the event of damage, accident, theft, loss, destruction of the Goods, and any fact that is or may be relevant to coverage under the insurance, and must follow the insurer’s instructions or requests.

1. ATL Renting B.V. is not liable for failure to fulfil its obligations under, among other things, the rental agreement towards the Lessee if such failure results from force majeure, consisting of the temporary or permanent inability of ATL Renting B.V. to fulfil its obligations under the agreement as a result of any circumstances, foreseen or unforeseen, over which ATL Renting B.V. has no influence, and which prevent it from fulfilling its obligations. Force majeure also includes stagnation in the business operations of ATL Renting B.V. and strikes.
2. ATL Renting B.V. may suspend its obligations under the agreement for the duration of the force majeure. If this period lasts longer than two months, each party is entitled to terminate the agreement without any obligation to compensate the other party for damages. If and insofar as ATL Renting B.V. has already partially fulfilled its obligations under the agreement at the time the force majeure occurs, or will be able to fulfil them, ATL Renting B.V. is entitled to invoice the fulfilled or to‑be‑fulfilled part separately.

1. ATL Renting B.V. is entitled, prior to the commencement of a rental agreement, to require payment and/or security for the payment of rental fees from the Lessee, or to charge a security deposit to cover any damage to the Goods and rental fees owed.
2. For the payment of rental fees and other amounts owed by the Lessee under the agreement, the Lessee must provide ATL Renting B.V. with a direct debit authorization.
3. Payments owed by the Lessee that cannot be collected by means of a direct debit authorization must be made within the payment term stated by ATL Renting B.V. on the invoice, without the Lessee being entitled to apply any form of set‑off.
4. If payment is not made within the payment term applied by ATL Renting B.V., the Lessee is in default without further notice of default, and the Lessee owes ATL Renting B.V. interest equal to 1.5% per month on the amount due, calculated from the invoice date until the day of full and final payment. In addition, compensation for collection costs amounting to 15% of the amount due is owed.
5. All payments made by the Lessee shall first be applied to outstanding interest and costs, and subsequently to the rental fees owed.
6. If the equipment is rented by a company, not only that company is obliged to comply with and execute the agreement, but also, in a personal capacity, jointly and severally with the Lessee, the director, manager or authorized representative who signed the agreement on behalf of the company. The signatory therefore also binds himself personally, jointly and severally with the company for which he acts, to comply with all provisions set out in the agreement and the general terms and conditions of this agreement.
7. All payments made under this agreement shall be made in immediately available funds, without any deduction or set‑off, and free of and without deduction of any taxes, levies, import duties, charges, surcharges or withholdings of any kind, now or later imposed by any administrative, fiscal or other authority, except where required by law. If the Lessee is compelled to make such a deduction or withholding, the Lessee shall pay ATL Renting B.V. the additional amounts necessary to ensure that ATL Renting B.V. receives the full amount it would have received from the Lessee in the absence of any deduction or withholding.

ATL Renting B.V. is authorised to amend or adjust these rental conditions without further consent from the Lessee if changes in the business operations of ATL Renting B.V. or changes in existing laws, regulations or case law require this. Amendments to the rental conditions take immediate effect on the agreement concluded between ATL Renting B.V. and the Lessee. ATL Renting B.V. must, however, inform the Lessee of any amendments to the rental conditions each time.

All data is included in the files of ATL Renting B.V., which, as the data controller, is responsible for compliance with our privacy policy. All requirements imposed by the General Data Protection Regulation are complied with by ATL Renting B.V.

1. The Lessee declares to be aware of and, insofar as necessary, to agree that ownership of the Goods may rest with a third party or may come to rest with a third party, or that the Goods may be (or become) pledged to a third party as security for the payment of all that this third party has or may have to claim from ATL Renting B.V.
2. Notwithstanding the existence of the present rental agreement, the Lessee shall, upon first request, deliver the Goods to the third party, without invoking any right of retention, if and as soon as the third party demands delivery of the Goods on the basis of an objectively demonstrable and established non‑performance of ATL Renting B.V.’s contractual obligations towards this third party. As a result of such repossession, the present rental agreement is legally terminated with immediate effect. Delivery as referred to above shall take place at the offices of the third party or at a location designated by that third party.
3. If the situation referred to under b occurs and the third party wishes to continue the use of the Goods by the Lessee, the Lessee is obliged, upon first request of the third party, to enter into a rental agreement with the third party for the remaining term of the present rental agreement and under identical conditions.
4. The applicability of Articles 7:226 and 7:227 of the Dutch Civil Code is entirely excluded by the parties.
5. The third‑party clause included above in paragraphs a through d cannot be revoked by either the Lessee or ATL Renting B.V.

If any provision of these rental conditions or the agreement is invalid for any reason whatsoever, the remaining conditions shall remain fully in force, and the parties shall negotiate the content of a new provision that approximates as closely as possible the content of the original invalid provision.

1. The agreement between ATL Renting B.V. and the Lessee is governed exclusively by Dutch law.
2. The competent Court in the District of Zeeland‑West‑Brabant has exclusive jurisdiction to hear disputes. Nevertheless, ATL Renting B.V. has the right to submit the dispute to the competent Court in the Lessee’s place of residence.