Rental terms and conditions

Rental Terms and Conditions – SIMA de VerhuurXpert

Article 1. General

SIMA de VerhuurXpert is part of Dekla Outdoor, and these rental terms and conditions apply to every reservation/rental agreement between SIMA de VerhuurXpert, hereinafter referred to as "SIMA de VerhuurXpert", and its counterparty, hereinafter referred to as "the renter".

Article 2. Reservation/Rental Agreement

A reservation only becomes binding once the rental agreement has been signed. By signing, the renter tacitly agrees to the rental terms and conditions, which are published on SIMA de VerhuurXpert's website and are also available in printed form in the store.

Article 3. Duration of the Rental Agreement

The rental period is specified in the rental agreement and commences at the time of delivery (date and time) and ends at a pre-agreed time (date and time), or after the renter has informed SIMA de VerhuurXpert in writing, by email, or by phone that the rental agreement can be terminated. The agreed rental period continues on Saturdays, Sundays, and Dutch public holidays, unless otherwise agreed in writing.

Article 4. Delivery

All rented tools and/or machines can be picked up during opening hours at our location on Industrieweg 24 in Eindhoven.

Article 5. Security Deposit

SIMA de VerhuurXpert is entitled to request a security deposit upon delivery of the rental item. We request this deposit from all private customers and companies that are not account holders with SIMA de VerhuurXpert. The amount of the deposit is listed on the website under the “Rates” section. This stated deposit applies to a rental period of up to one day. SIMA de VerhuurXpert reserves the right to request a higher deposit for rental periods longer than one day.
The deposit must be paid at the time of delivery, preferably by debit card, in advance to SIMA de VerhuurXpert.
At the end of the rental period, SIMA de VerhuurXpert will prepare a final invoice including rental fees, any cleaning, repair, and wear-and-tear costs, costs for used accessories, and all other applicable charges. These will then be deducted from the previously paid deposit, if applicable.

Article 6. Rental Rates:
All rental rates stated on the website and in the rental agreement are inclusive of VAT. If desired, the renter will receive a final invoice showing a breakdown of the rental rates excluding VAT, the VAT amount, and the rental rates including VAT.

Article 7. Use – Maintenance – Cleaning – Repair:
The renter is obliged to keep the rented item in good condition during the rental period. The renter must use and maintain the rented item in accordance with its intended purpose. Furthermore, the renter is responsible for using the correct fuel and lubricants, and – if applicable – must ensure that the oil level of the rented item remains at the appropriate level. The rented item must be returned clean and in the same condition it was in at the start of the rental period. If any defects or issues with the rented item are found, the renter must report this immediately, and no later than within 24 hours, to SIMA de VerhuurXpert. Repair costs for restoring defects or damages, excluding normal wear and tear, and any cleaning costs will be charged to the renter.

Article 8. Loss – Theft – Fire:
The renter is fully liable for any damage resulting from theft, loss, fire, negligence, etc., during the entire rental period. The renter is also required to take preventive measures to avoid theft of the rented item. In the event of theft or loss, the renter must report it to SIMA de VerhuurXpert within 24 hours and file a police report. A copy of the official police report must be provided to SIMA de VerhuurXpert. The damage will be estimated at a minimum of the current value of the rented item and lost profit, which the renter must compensate to SIMA de VerhuurXpert.

Article 9. Return of Rented Items:
The rental period ends on the agreed date and time as specified in the rental agreement, or on the extended rental period communicated by the customer via phone or email. Upon return, it will be checked whether the rented item is in good condition, clean, and complete. It will also be determined what accessories or consumables have been used; all this will be noted in the rental agreement, after which SIMA de VerhuurXpert will sign the agreement. If the rented item is not returned on time, SIMA de VerhuurXpert reserves the right to charge double the rental rate for the period the item was unlawfully in possession of the renter.

Article 10. Payment – Invoicing:
The final settlement or invoicing by SIMA de VerhuurXpert always takes place after the rental period.

If a deposit was paid by the renter at the time of delivery, it will be deducted from the final invoice.
All invoices (if applicable) must be paid within 14 days, unless explicitly agreed otherwise.
If payment is not made within the specified term, the renter is in default without requiring a notice of default. From the moment of default, the renter owes interest of 5% per month on the outstanding amount.
If SIMA de VerhuurXpert is forced to hand over the claim for collection due to the renter's default, all associated costs, such as administrative and legal costs, will be charged to the renter.
In the event of default, the renter is required to immediately return all rented items. SIMA de VerhuurXpert is entitled to access the renter's buildings and premises to retrieve the items. All associated costs and resulting damages will be borne by the renter.

Article 11. Ownership of the Rented Items:

All rented items remain the full and inalienable property of SIMA de VerhuurXpert. The renter may not sell, sublet, pledge, or make the rented item available to third parties under any circumstances.
The renter must immediately inform SIMA de VerhuurXpert in the event that third parties assert rights to the rented item or if the item becomes subject to seizure.
Any damages or costs resulting from failure to inform SIMA de VerhuurXpert in time will be entirely at the renter’s expense. SIMA de VerhuurXpert also reserves the right to immediately terminate the rental agreement without prior notice or default notice. All associated costs are also at the renter’s expense.
SIMA de VerhuurXpert may reclaim the rented item from the renter at any time.

Article 12. Liability:

The renter can never hold SIMA de VerhuurXpert liable for damage or personal injury related to the rented goods and/or materials, except where the renter can prove intent or gross negligence on the part of SIMA de VerhuurXpert. No insurance is provided via SIMA de VerhuurXpert.
SIMA de VerhuurXpert is not liable for business damage, delays, loss of profit, stagnation, or any consequential damages.
Any further liability, especially for business or consequential damage caused by failure or malfunction of the rented item, is expressly excluded.
The renter is fully liable for damage resulting from theft, fire, or negligence in relation to trailers and scaffolding.

Article 13. Force Majeure:
Force majeure in this article refers to any situation that prevents performance due to unforeseen circumstances at the time the rental agreement was concluded, and which are beyond the control of SIMA de VerhuurXpert. This includes failure to perform or delays by suppliers of SIMA de VerhuurXpert, as well as war, riots, fire, accidents, natural disasters, flooding, extreme weather conditions, strikes, road blockades, government measures, and work stoppages. SIMA de VerhuurXpert is entitled to dissolve the rental agreement or suspend performance for a reasonable period, without being liable for any compensation. If this situation arises after part of the agreement has already been performed, the renter must fulfill their obligations for the part already executed.

Article 14. Disputes – Applicable Law – Competent Court:

Dutch law applies to the rental agreement between SIMA de VerhuurXpert and the renter.
All disputes will be settled by the court in the district where SIMA de VerhuurXpert is located, unless SIMA de VerhuurXpert chooses a different competent court.