1.1. The BOVAG Rental Conditions apply to all offers and rental agreements with due observance of the following additional Free to go conditions.
1.2. Free to go reserves the right at all times to changes prices & conditions.
1.3. Free to go reserves the right at all times to provide a different, equivalent vehicle if the reserved vehicle is not available for any reason.
1.4. 1 driver is allowed for each subscription.
2.1. These Free to go rental conditions regulate the business relationship between the participant on the one hand and Euromobil Nederland B.V. concerning the Free to go product (hereinafter referred to as: "Free to go") on the other hand.
2.2. Following conclusion of a general user agreement, the participant has the right to conclude separate rental agreements for the use of Free to go vehicles. The driver uses the Free to go vehicles on the basis of these rental conditions.
3. Participant and driver
3.1. Participants are persons who have registered successfully and in accordance with the regulations with Free to go and who have concluded a valid, general user agreement with Euromobil.
3.2. Drivers are natural persons who are competent to drive the vehicle within the meaning of Article 5.
4. Conclusion of the rental agreement and rental period
4.1. The rental agreement is concluded as soon as the driver is able to start the vehicle by holding the Free to go card in front of the card reader behind the front window and the on-board computer has confirmed this by opening the central locking system.
4.2. The rental period commences at the moment selected by the driver, irrespective of the moment the car is opened with the Free to go card. The rental period ends as soon as the participant ends the rent as provided for in Article 11.
5. Competence to drive (competence to use the vehicle)
5.1. Only persons who are participants within the meaning of Article 3 and who are, moreover, natural persons are competent to use and drive Free to go cars; and
5.2. Who hold a driver's licence that is valid in the Netherlands for driving cars (international driver's licences do not apply as a valid driver's licence in this connection), who carry this driver's licence on their person and who comply with all possible conditions and obligations included therein; and
5.3. Who hold a valid Free to go card in accordance with Article 6; and
5.4. Who have complied with their payment obligations as provided for in Article 7.
5.5. In the event of a disqualification from driving or the loss of the driver's licence the competence to drive Free to go cars will lapse immediately for the duration of the disqualification or the loss.
5.6. It is always strictly forbidden to allow third parties to drive Free to go cars. This also applies if the third party is also a Free to go participant. The participant will forfeit a penalty of €1,000 to Free to go for each violation, without prejudice to Euromobil's right to full compensation.
6. Free to go-card
6.1. A participant has to register at freetogo.nl and have the validity of his driver's licence, ID card or passport and bank card verified at a Euromobil partner before a Free to go card is made available to him. By providing his data, the participant agrees that his data are verified by means of an ID check / document number check. The Free to go card allows the participant to rent and use Free to go cars provided he satisfies the other conditions.
6.2. The Free to go card remains the property of Euromobil Nederland B.V.
6.3. The Free to go card is also a payment instrument of Travel Card B.V. You can use this card to pay for petrol or diesel for the Free to go car at all petrol stations in the Netherlands. However, you cannot pay for premium fuels, therefore only Euro 95 and normal Diesel. It is not possible to use this card to pay for fuel abroad.
6.4. The pin code that belongs to this card will be sent to you separately. If you have indicated a preferred pin code it will have been related to this card and said pin code will not be sent to you.
6.5. The Free to go - Travelcard is an official payment instrument! It is therefore important that you handle the card with care. You are required to notify Euromobil Nederland and Travelcard Nederland immediately if this card is stolen or lost and then file a report with the police. You are required to do the latter in connection with the liability for losses that may arise from the possible abuse of the card.
6.6. It is not allowed to (attempt to) read the Free to go card with information technology tools, to copy it or to manipulate it. Violation leads to immediate exclusion from Free to go and the participant will bear the costs of any loss that results from the violation.
6.7. The participant is liable for all loss that results from the loss of the Free to go card, in particular if the theft, damage or improper use of the Free to go has been enabled as a result.
6.8. The participant has to pay a fee for a new copy in the event a lost or damaged Free to go card is replaced. The fee for a new card can be found in the list of rates.
6.9. The PIN and Free to go card must be stored separately. All losses arising from a failure to comply with this condition will be for the account of the participant.
7. Payment and Security Deposit
7.1. In order to be able to rent and use the Free to go car, the participant is required to arrange for the currently applicable security deposit via freetogo.nl by means of the available payment options. This depositr is needed for reservations from 24 hours and after extending a reservation to 24 hours and further.
7.2. For all deposits and bill payments Free to go uses the services of 24Rental B.V. You pay to 24Rental and 24Rental manages your security deposit during the transaction period. 24Rental is liable for all transaction-related actions and consequences. Returns of any settlement will be carried out by 24Rental.
7.3. The participant issues a direct debit authorisation for the collection of the invoices that arise from the use of the Free to go cars and the additional costs that arise therefrom.
7.4. The participant is not entitled to set-off or compensation towards Euromobil, unless such has been expressly allowed by Euromobil. The participant does not have a right of retention.
7.5. The security deposit will be refunded in full when the Free to go agreement ends while possibly settling all outstanding invoices.
8. Booking and starting the trip
8.1. It is not possible to use a Free to go car without first making a reservation via freetogo.nl or by means of a telephone reservation via a Euromobil partner or the Free to go switchboard.
8.2. Reservations via freetogo.nl are free of charge; costs are charged for telephone reservations and changes. These costs can be found in the Free to go price list.
8.3. A Free to go car can be reserved at least 10 minutes before the preferred starting time with 15-minute intervals.
8.4. The minimum rental period of a Free to go car is one hour and can be extended with 15-minute intervals.
8.5. Once a reservation has been placed, the driver will be informed by text message 5 minutes before the rental period commences concerning the relevant number plate and location of the Free to go car.
8.6. A cancellation fee in accordance with the then applicable list of rates will be charged to a participant if the participant does not make use of a booking or cancels it within 1 hour before the preferred starting time.
8.7. Before starting his trip, the driver is required to check the Free to go car for visible defects, damage or serious contamination and report such to Euromobil if necessary. The driver is required to provide this information fully and truthfully. Euromobil will have the right to charge the loss that arises from a failure to perform this notification to the participant. Euromobil has the right to withdraw the use of the Free to go car if the safety of the trip could be jeopardised.
8.8. Euromobil has the right to connect to the Free to go car in the event of disruptions in the use and to determine the cause of the disrupted use. Euromobil has the right to prohibit and/or prevent further use of the Free to go car if there are reasons to assume that the car is used contrary to these rental conditions.
9. Obligations and prohibitions imposed on the participant and the driver
9.1. The participant and the driver must comply with all obligations as stated in the Bovag conditions.
9.2. It is not allowed to enable other persons to drive a Free to go car (this also applies to persons who are Free to go participants or drivers themselves).
9.3. It is not allowed to use the payment function for any purpose other than paying for the petrol for the Free to go car.
9.4. It is not allowed to smoke in the Free to go car or to allow passengers to smoke, and if this does happen cleaning costs of at least €150 will be charged.
9.5. It is not allowed to transport animals in the Free to go car, and if this does happen and the interior is dirtied as a result, cleaning costs of at least €150 will be charged.
10. Procedure in the case of accidents, damage, defects, repairs
10.1. Before starting his trip, the driver is required to check the Free to go car for visible damage and possibly report this to Euromobil. This notification must absolutely be made before starting the engine so that the damage can be allocated to the party that caused it. Euromobil decides whether the trip can go ahead despite damage.
10.2. The driver is required to report accidents, damage and defects that occur during a trip to Euromobil without delay.
10.3. The driver is required to notify Euromobil immediately of accidents involving a Free to go car driven by him and to send a Claim Form (‘SAF’) to Euromobil within 24 hours. This is irrespective of whether the accident was caused by the driver or by a third party.
10.4. The participant and/or the driver are not allowed to perform repairs on a Free to go car themselves; the driver must always report to a dealer of the brand that he is driving.
10.5. In the case of breakdowns or damage, the driver is required to report to the Euromobil Emergency centre that can be reached 24/7 at telephone number +31 332 45 50 67.
11. End of the rental period
11.1. If the driver wishes to end a rental period, he is required:
11.1.1. To park the Free to go car within a radius of 50 metres of the unpaid parking space in a public area indicated in advance by the driver when he made the reservation (any violation of the traffic rules or the prohibitions imposed by the owner of the space will be charged to the participant). It is never allowed to park in parking spaces that are subject to restrictions both during and after the rental period. This includes, but is not limited to: parking in loading/unloading areas, limited-time parking zones, parking in places where a parking ban applies at specific times, taxi loading areas, etc.
11.1.2. To place the key in its holder that is located inside the glove compartment.
11.1.3. To ensure that all windows and doors are fully closed and the lights are all switched off.
11.1.4. To ensure that no garbage or serious contamination remains inside the Free to go vehicle.
11.1.5. To ensure that the Free to go car has locked when the card has been swiped over the card reader.
11.2. The Free to go car and the rental period can only be ended if the Free to go car is located at the final destination and the key is placed in the holder.
11.3. The participant holds his card against the card reader (behind the windscreen) again in order to end the rental period. The rental period will not end until such is confirmed on the card reader display. The rental period will continue for the account of the driver or the account of the participant if the driver leaves the Free to go car while the rental period has not yet ended. If the rental period cannot be ended for any reason, the driver is required to report this to Euromobil without delay and remain with the vehicle until Euromobil has decided on how matters are to be handled further.
11.4. The rental period will end at the time indicated in advance when the reservation was made or at the time the car is locked using the Free to go card if this exceeds the former moment.
11.5. The driver is required to notify Euromobil immediately if it is impossible to comply with the final moment determined in advance when the reservation was made. Failure to comply with the final moment may involve costs that will be recovered from the participant.
11.6. If the driver is unable to leave the car at the final destination determined in advance when the reservation was made and Euromobil has to move the car, the costs of at least €50 will be recovered from the participant.
12.1. All Free to go cars have comprehensive insurance.
12.2. If the Free to go car is damaged during the rental period or if the participant causes damage, the participant will be liable in respect thereof subject to an excess of at most €250 per event. (vans €450)
12.3. Drivers under the age of 24 have a high excess of €450.
12.4. The participant is required to report theft, break-in or damage whereby the other party is unknown to the police without delay and to send the police report accompanied by an SAF to Euromobil immediately.
12.5. Further liability (exceeding the excess) regulated in these Free to go rental conditions will remain in full force.
12.6. Liability for the full amount of the loss applies in cases involving alcohol or drug use.
13. Filling up
13.1. Your Free to go card is also your fuel card. You can only fill up with euro95 or diesel;premium fuels are excluded! We recommend that you always fill up the car after use, irrespective of the number of kilometres that have been driven.
13.2. Failure to fill up the car when there is less than 25% left in the fuel tank will disadvantage your fellow Free to go participant because he has to fill up the car before being able to use it. In the event the next renter is disadvantaged, we will charge a penalty. The amount of this penalty is included in the Free to Go price list.
14.1. In the event of fines, the authority that imposed the fine (the Central Fine Collection Agency or the Municipality) will be informed of the identity of the renter. The fine will be charged on directly to the renter.
14.2. The related administrative charges will be charged on the participant. The amount of these costs is included in the Free to Go Price List.
15. Euromobil liability
15.1. Euromobil is not liable towards the participant and/or driver for losses sustained by the participant and/or driver resulting from use of a Free to go car, unless there exists intent or gross negligence or an attributable failure on the part of Euromobil in the performance of the agreement. Any liability on the part of Euromobil is limited to the typical losses that could be anticipated when the agreement was concluded. If and to the extent damage is covered by insurance taken out by the participant for the relevant loss (with the exception of insurance providing for payment of a capital sum), Euromobil will only be liable for any related disadvantages for the participant.
15.2. Any liability in accordance with product liability legislation is not limited.
16. Liability on the part of the participant, contractual penalties, exclusion from use
16.1. The participant is liable towards Euromobil for losses caused by him or the competent driver of the vehicle. This includes in particular losses in the event of theft, damage to or loss of the Free to go car, the key or accessories (including the Free to Go card). The participant is furthermore liable for all losses if the damage to or loss of the Free to go car or a loss of third party arose as a result of the fact that the participant or a third party for which he is responsible and/or liable, acted contrary to these Free to go rental conditions, any statutory provisions or the general terms and conditions of the car insurance. In the event of liability on the part of the participant without insurance cover provided by the vehicle insurance, the participant will indemnify Euromobil against all third-party claims in this regard.
16.2. In the event of a failure to comply with the obligations arising from the agreement and these rental conditions (and in the event of payment arrears), Euromobil will have the right to exclude the participant temporarily or permanently and with immediate effect from using the Free to go cars and block the means of access (Free to Go card). The exclusion will be notified to the participant by e-mail.
17. Rates, direct debit authorisation, failure to pay
17.1. The participant owes Euromobil the prices of the Free to go rates applied by Euromobil for renting a Free to go car. These can be consulted at any time in the applicable Free to go list of rates as stated on the website. The rates are inclusive of VAT. The rent is immediately due upon termination of the rental agreement and can be collected by Euromobil at that time.
17.2. Payment by a participant takes place by means of direct debit payment. The participant is required to ensure that his bank account from which the direct debit is performed contains a sufficient balance. If the debited amount is reversed by the bank or the participant, the participant will arrange as yet for immediate payment of the amount to Euromobil, increased by the bank charges incurred by Euromobil.
18. Notice of termination, termination of the agreement
18.1. Each of the parties has the right to terminate the general user agreement and the rental conditions that arise therefrom extrajudicially and with immediate effect for compelling or urgent reasons.
18.2. Euromobil has the right to terminate the agreement with immediate effect and take back a vehicle that has been made available in any event if the participant:
18.2.1. has payment arrears concerning at least one rental period;
18.2.2. is bankrupt, had applied for his bankruptcy or his bankruptcy has been applied for, or a debt rescheduling or a suspension of payments applies;
18.2.3. repeatedly fails to ensure that there is a sufficient balance in his payment account, which makes direct debit impossible;
18.2.4. has provided incorrect information or withheld information when concluding the general user agreement or during its term and Euromobil cannot be expected to continue the agreement for this reason;
18.2.5. is otherwise in default or fails attributably to comply with his obligations arising from the user agreement and/or these rental conditions.
19. Data protection
19.1. Euromobil collects personal data of participants (including the use and vehicle data that relate to the participants), stores them, processes them and uses them, to the extent such is necessary for the performance of the general user agreement and the rental conditions.
19.2. The Free to go car has been provided with an advanced system that provides the location of the car to the Euromobil back office via a satellite connection. The manner in which these data are handled is described in the Euromobil privacy statement that forms part of the Free to go rental conditions.