ARTICLE 1 – Definitions
In these general terms and conditions, the following terms are defined as stated below:
Acceptance:the Services Supplier acceptance of the Buyer’s Order.
Agreement: the specific contract concluded between the Buyer and the Services Supplier for the provision of Services or the exchange of Order and Acceptance between the Buyer and the Services Supplier.
Buyer:the natural person or legal entity entering into a service supply agreement with the Services Supplier in the capacity of buyer.
Chauffeur:the driver of the vehicle provided by the Services Supplier to the Buyer.
In Writing:written on paper or in electronic form;
Order:the purchase order issued to the Services Supplier by the Buyer for the provision of Services.
Services Supplier:DIRECTWAY SA, with registered office located 42 Budasteenweg, 1830 Machelen, Belgium.
Services:the chauffeur driven vehicle services provided to each Buyer in accordance with the Order placed and/or the service agreement.
Vehicle: the vehicle provided by the Services Supplier as specified in the Order and/or the service agreement.
Website: the Services Supplier website made available under the domain name www.directway.be.
ARTICLE 2 – Scope
Only these general terms and conditions apply to all service agreements entered into between the Services Supplier and the Buyer, including any additional arrangements.
ARTICLE 3 – The Offer
3.1. The Services Supplier issues a written or verbal Offer, according to the Buyer’s preferences.
3.2. The offer remains irrevocable for a period of 14 days, except in the event of insufficient availability.
3.3. The Offer contains a complete and accurate description of the service supply period, the service’s cost and any additional cost components.
3.4. The Offer states the Service Supplier’s business hours and contact telephone number.
3.5. The Offer shall further state the method of payment.
3.6. If reasonably possible, the offer shall be accompanied by a copy of these general terms and conditions. If this is not possible, a copy of the general terms and conditions shall be handed over upon conclusion of the agreement. These general terms and conditions are also available via the official website: www.directway.be
ARTICLE 4 – The Order
4.1. Following the issuance of an Offer, the Buyer places an Order directly through the website of the Services Supplier, or using the telephone or fax number of the Service Supplier.
4.2. When the person placing an Order is an employee of a legal entity, by doing so that person warrants that he/she is properly authorized to purchase the services on behalf of his/her organization.
ARTICLE 5 – The Agreement
5.1. The agreement is formed through Acceptance by the Services Supplier of the Buyer’s Order. A verbal agreement must be confirmed by the Services Supplier in writing.
5.2. The service agreement is entered into for the period, the service and rate stated on the agreement or otherwise agreed.
ARTICLE 6 – Services’ Cost, Invoices and Payments
6.1. The Services costs and any additional cost components, such as price per kilometer, are agreed in advance. The Services Supplier ensures that the services’ costs are clearly stated in the service agreement or any other document (exchange of Offer, Order and Acceptance). The services’ costs include value added tax, as well as any other taxes or charges.
6.2. The Services Supplier applies a transaction fee of 4% of the service’s cost on each service agreement.
6.3. The Buyer agrees that, in principal, the Service Supplier’s invoices will be sent by regular mail.
6.4. Payment of the invoices shall be made by the Buyer without set-off (which right is hereby excluded pursuant to these terms and conditions) within thirty days of the date of issuance of a valid invoice by the Services Supplier.
6.5. In case of late payment, the Services Supplier, without a notice of default being required, shall owe interest of one per cent on the entire invoice amount per month, for which purpose any part of the month shall be deemed a whole month.
6.6 The Services Supplier shall furthermore be entitled to charge the Buyer all judicial and extrajudicial costs incurred after expiry of the payment term. The extrajudicial costs can be set by the Services Supplier at 15% of the total invoice amount, subject to a minimum of EUR 50, without prejudice to the right of the Services Supplier to claim compensation of the actual collection costs incurred.
6.7. If the Buyer fails to fulfill any obligation towards the Services Supplier, the legal consequences shall be as follows:
– any claim of the Services Supplier against the Buyer shall become immediately due and payable;
– the Buyer, on Services Supplier’s demand, shall be obliged to provide security for fulfilling all his/her obligations; and
– the Services Supplier shall be entitled to suspend fulfilling of all its obligations as long as the Buyer remains in default and/or to terminate the service agreement, this at the discretion of the Services Supplier, without prejudice to the right of Services Supplier to claim full compensation.
6.8. If the Buyer is declared bankrupt or insolvent, requests or is granted protection against its creditors within the framework of the Business Continuity Act, is wound up or loses the right to dispose of his assets in any other way, or if the goods of said Buyer are seized, the service agreement shall be terminated with immediate effect, without any prejudice to the right of the Service Supplier to claim compensation from the Buyer or the natural or legal person that looks after the goods.
6.9. If the Buyer is granted protection against its creditors within the framework of the Debt Management Scheme Act, loses the right to dispose of his/her assets in any other way or if the goods of said Buyer are seized, the service agreement shall be terminated with immediate effect, without any prejudice to the right of the Services Supplier to claim compensation from the Buyer or the natural or legal entity that looks after the goods.
ARTICLE 7 – Provision of Services
7.1. The Services Supplier will use its best endeavours to procure that the Services are provided in accordance with Good Industry Practice.
7.2. The Services Supplier shall be entitled to sub-contract the provision of the services but only after obtaining consent from the Buyer in all instances.
7.3. Whilst the Services Supplier shall use its best endeavors to procure that the Chauffeur adheres to all timings specified in the service agreement (or in other documents), such obligation shall not be of the essence of the agreement.
7.4. Save as otherwise specified in the agreement the Buyer shall further be responsible for all parking and toll charges incurred in the provision of the Services.
7.5. The Chauffeur shall, unless otherwise specifically stated in the agreement, have complete discretion as to the optimum route for the contracted journey, whether or not it is actually the shortest route.
7.6. The Services Supplier shall not be held responsible for loss or inconvenience arising from the delays in journey durations attributable to traffic or weather conditions or a breakdown of another vehicle (for the avoidance of doubt, a breakdown of a vehicle that does not belong to the Services Supplier).
7.7. Whilst the Services Supplier shall use reasonable endeavours to procure that the Chauffeur adheres to any itinerary specified in the contract, such obligation shall not be of the essence of the agreement and the Services Supplier shall not be held responsible for loss or inconvenience arising from the delays in journey durations attributable to traffic or weather conditions, breakdown or otherwise. The Chauffeur shall accordingly not be bound to comply with the passenger(s) request to exceed speed limits.
7.8. No one other than the Chauffeur shall be entitled to drive the Vehicle.
7.9. In the event of any breakdown of the Vehicle, the Services Supplier shall use its best efforts to ensure that an alternative Vehicle attends at the earliest opportunity to recommence the provision of the Services.
7.10. The Buyer acknowledges and agrees that the Chauffeur shall have the absolute discretion to refuse to transport any passenger(s) who are under the influence of drugs or alcohol and whose behavior whilst in that state reasonably poses a threat to the Chauffeur, the Vehicle or any other passenger(s).
7.11. The Services Supplier reserves the right to procure that the Chauffeur refuses the carriage of luggage if in the Chauffeur’s opinion the weight and volume of the same is excessive.
7.12. The Buyer shall indemnify the Services Supplier on demand for any damage caused by the passenger(s) to the interior or exterior of the Vehicle and for all cleaning and valet costs if any passenger(s) in any unreasonable way causes the cleanliness of the Vehicle to be of an inferior standard than that which prevailed at pick-up time, other than normal wear and tear, save for any damage caused by the Services Supplier to the interior or exterior of the Vehicle. The Buyer shall make payment to the Services Supplier without set-off (which right is hereby excluded pursuant to these Terms and Conditions) within thirty days of the date of issue of a valid invoice of the Services Supplier for such charges.
7.13. The maximum seating of the Vehicle shall be as determined by the Services Supplier and shall not be exceeded.
7.14. The Services Supplier operates a non-smoking policy in all Vehicles provided by it.
7.15. In the event that any passenger(s) in the opinion of the Chauffeur are behaving in an aggressive or threatening manner towards him/her, he/she may terminate that specific journey. Such termination shall not remove the responsibility from the Buyer to settle all sums due to the Services Supplier for that journey.
7.16. It shall be the passenger(s) sole responsibility to ensure that any seatbelt provided in the Vehicle is worn by them and the Services Supplier consequently excludes any liability to the Buyer and/or the passenger(s) attributable to any such failure.
ARTICLE 8 – Cancellation
8.1. If a service agreement is cancelled, the following cancellation fees are payable by the Buyer:
– For cars, cancellations within 24 hours before the pickup date are charged 100% of the service’s cost.
– For coaches, cancellations within 48 hours before the pickup date are charged 100% of the service’s cost.
– Different cancellation policies apply for special services and event transportations. They are specified in the Offers made by the Services Supplier.
8.2. Cancellations submitted outside office hours are deemed to have been received the next calendar day.
8.3. Cancellations outside office hours can only be made in Writing.
ARTICLE 9 – Refund
If prepayment has been made and the service is cancelled within agreed cancellation terms, a full refund will be made within seven working days of cancellation.
ARTICLE 10 – Complaints
All complaints against the Chauffeur or concerning the delivered services must be sent to the Services Supplier per registered mail addressed to the Services Supplier’s offices, within 48 hours of the delivering of the services.
ARTICLE 11 – Limitation of liability
11.1. Nothing in these terms and conditions shall exclude or limit the Services Supplier’s liability for death or personal injury caused by the Services Supplier’s negligence or the negligence of those for whom the Services Supplier is responsible in the provision of the Services.
11.2. Subject to clause 11.1. above, the Services Supplier’s liability to the Buyer under these terms and conditions and any agreement/contract will in no circumstances exceed the sum received by the Services Supplier from the Buyer as the costs for the Services and the Services Supplier expressly excludes liability for any indirect, specific or consequential loss including loss of profits, goodwill or otherwise.
ARTICLE 12 – General provision
If any provision of these terms and conditions is held by a court of competent jurisdiction to be unenforceable, such unenforceability will not affect the remaining terms and conditions which shall remain in full force and effect.
ARTICLE 13 – Applicable law and competent courts
The service agreement is governed by the laws of Belgium, unless mandatory law prescribes the laws of another country. Every dispute with regard to the service agreement falls under the sole jurisdiction of the court district of Brussels.