“Horsetrucksforrent.com”- is a trading (brand) name of the official company - Anemone Horse Carrier BV.
“HTFR”- an abbreviation of HorseTruckForRent.com.
“You” are the customer (main driver) who signed the lease agreement and who is entitled to drive the vehicle. For the avoidance of doubt, ‘you’ refers to the main driver, the person paying for the lease and/or the person making the booking. Please note, although ‘you’ may refer to more than one person, we contract with all parties, but we will only be able to speak to the main driver in respect of a confirmed booking.
“Vehicle” is the horse truck that HorseTrucksForRent.com or another truck leasing company as mentioned at the time of booking is leased to you for the agreed duration if the lease agreement and will include all parts and accessories fitted to it at the commencement of the lease.
“Damage” is any damage occurring to the Vehicle (including glass, lights, and mirrors) and any damage occurring to third party property where applicable.
“Our Terms” - shall apply to all contracts for the provision of our services to the exclusion of all other terms & conditions. No conduct by HorseTrucksForRent.com shall be deemed to constitute acceptance of any other terms. Acceptance of the services or signature on any agreement shall be deemed conclusive evidence of your acceptance of these terms. We may change the terms from time to time and you are advised to check the website to consider any changes to the terms which apply to you.
Accuracy of information. Although we strive to ensure the accuracy of the information on this website, neither we nor our affiliates, suppliers or agents can be held responsible by you for the accuracy of such information. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information provided on this website.
We will not be held responsible for anyone driving under the influence of alcohol/drugs, causing wilful damage, driving off-road, or driving without due care and attention. You will accept full responsibility in respect of such claims. This list is not exhaustive.
HTFR is not liable for obvious errors and typing errors in the agreement.
Important Information Regarding Exchange Rates. Due to the fluctuation of exchange rates, please be aware that the amount charged to your banking card may differ from the price we quote when you agree to pay for a product or service. The difference (if any) will depend on changes to exchange rates during the period between the moment you book and the moment the charge is reflected in your banking card statement. Similarly, should we refund any money to your account, we will refund the exact amount initially charged – and will not be responsible for any fluctuations in exchange rates that lead to you receiving a larger or smaller refund than expected.
Website conditions use. It is prohibited for anyone to use any device or software program to directly or indirectly interface, or attempt to interface, with this website to retrieve content and/or any other data, including prices. It is also prohibited to interfere, or attempt to interfere, with the normal working of this website; any activity that we consider places undue load or stress on our systems will be terminated. We constantly monitor everyone accessing our website, and the activities of any automated systems or persons conducting an unreasonable amount of searches, with the aim of accessing information and/or prices, will be terminated and those systems/persons blocked from our websites. Your use of the website indicates your agreement to be bound by these Conditions of Use.
Customer reviews. Completed reviews may be uploaded onto our website for the sole purpose of informing customers of your opinion of the service and quality of the truck hire company and used partially or in their entirety by HTFR on our platforms, social media platforms, newsletters, special promotions, mobile applications, or other channels owned, hosted, used or controlled by HTFR. By submitting a review, you are consenting to the above use of your review. We reserve the right to adjust, refuse or remove reviews at our sole discretion. Reviews express the personal opinions of HTFR customers who filled out a survey after completion of their lease. These opinions do not necessarily represent the views of HTFR.
Data protection law. Please note that in the course of the performance of the booking as well as the lease process, HTFR collects some personal data. It is mandatory to provide all the information requested; in the absence of such information, HTFR will not be able to correctly ensure the booking and/or the lease. You have the right to access, update, correct or delete personal data collected by us. You may correct factual errors in that data by sending a request to us pointing out the error. The data will only be used for professional purpose of leasing process.
The General Information and Terms & Conditions stated are correct at the time of going to press.
Driving license. You must hold and produce a driving license valid in the country where the lease takes place. Expired or provisional licenses will not be accepted. You must also keep the driving license with you at all times throughout the lease, for perusal by local authorities.
No refunds will be given if a truck hire company refuses to supply a truck because of undisclosed endorsements – or because you cannot provide a driving license, its counterpart, or the required information about endorsements. We will not be liable for the completion of travel arrangements, nor for any refund, compensation or any other costs you may have to pay in such a case.
Please note that when driving abroad you may require an International Driving Permit. It is the driver’s responsibility to check whether they will need an International Driving Permit. An International Driving Permit does not replace the requirement for a regular driving license: a full driving license in the main driver’s name will still be required in order to lease the truck, and every driver requiring an International Driving Permit must keep both documents with them at all times. Please note that the international driving license is valid only if accompanied by the normal driving license. If an International Driving Permit is required, you will not be able to collect your lease truck without the permit and your driving license.
When the lease is made outside your country of residence you must also present a valid identity card or a valid passport. These identification documents are generally not requested if you are a resident of a country belonging to the European Union and the lease takes place in another European Union country, nevertheless every case will be judged individually.
Please find further details in the part 3 – Terms of payment.
Driving areas. Restrictions may be applicable when taking the hire truck to a different country/state/island; our Contact Centre must therefore be advised at the time of booking whether you intend to do this. Additional documentation may be required and local charges may apply for travel to certain countries.
Should the Vehicle not be returned with a full fuel tank, you will be charged for the missing quantity of fuel and for the refueling service according to the tariffs in force in the country of lease. The cost may be higher than it would be at a local petrol station.
The vehicle must be returned in a clean state. To clarify the state of the truck, the horse part must be returned without any animal’s faeces, hay, straw, or shavings. That can be done easily with a broom. An additional water spray or high-pressure equipment is very welcome to apply, however is never obligatory. In case of any presence of earlier mentioned wastes, you will be charged a cleaning fee of €50,00 excl. VAT. In case the actual costs of cleaning are higher than the fee, then the actual extra costs will be also charged to you. VAT. An employee of HTFR that will check the vehicle while is returned, will have a full liability to judge the state of the truck and to take a final decision whether to charge the fee or not. The vehicle’s cabin also must be returned in a clean state, meaning with no excessive dirt or animal hair on the seats or floor carpets, as well as with no garbage in the cabin’s dashboard compartments. Otherwise, the same fee will be applied.
Your own-risk damage excess is maximum €1.000,00 excl. VAT.
All trucks are insured with a European insurance, therefore are not suitable for driving outside of European Union. In case you need to drive outside of Europe, you must discuss it prior the trip with HTFR service center.
The damages that were done by your horse to the inside or outside of the vehicle are not included in the insurance, therefore is your financial responsibility.
IMPORTANT NOTE: Damage to the under body-work and/or roof due to collision with bridges, tunnels, overhanging structures etc., is excluded from the damage cover, unless force majeure can be proved.
Liability of damage to the Vehicle or Theft or Conversion. You will be liable for any damages to HTFR when leasing a Vehicle that has been entrusted to you. Therefore, in the event of theft of the Vehicle or damages caused to it, you must fully indemnify HTFR (the indemnification will include the amounts corresponding to the repair costs, resale value of the Vehicle, loss of use, administration charges.). The amount will not exceed the market value of the leased vehicle at the time of the event.
You are advised that any waivers you may have chosen will be invalidated if you fail to take reasonable measures for the safety of the Vehicle, its parts or accessories, or fail to comply with all restrictions on the use of the Vehicle or otherwise abuse or misuse it.
You will not be exempt from liability towards HTFR in the case of breach of contract. Therefore, you will be responsible for any financial loss HTFR suffers as a result of such breach and for any relevant claims made by other people. You agree to pay any amounts HTFR spends in enforcing these terms.
Therefore, in any case, neither HTFR nor its officers, directors, employees will be liable to the contracting party for any amounts nor for any actions, law suits or claims related to any direct, indirect, consequential, punitive damages (such as loss of business, loss of profit) arising out of or in connection with the lease or the use of any vehicle, whether the action is based on contract or in tort. You will indemnify and hold HTFR harmless from all claims, liabilities, damages, losses or expenses arising out of the lease and/or the use of the vehicle.
If the loss suffered by HTFR is subsequently reduced (recovery of the Vehicle within 60 days, partial or total liability on the part of the Third party), you will receive the corresponding reimbursement.
Condition of the vehicle. A description of the condition of the Vehicle will be given to you at the same time as the lease agreement. Before leaving the lease location, you are required to check the condition of the Vehicle. Where an apparent defect is found which is not already listed in the document, you must immediately inform the HTFR employee at the counter in order to proceed with a joint-examination of the Vehicle. In such a case, amendments must be made to the document and duly countersigned by both parties. If the amended document is not countersigned by both parties, the condition of the Vehicle will be as set out in the leasing agreement to you and it will be considered that you received the Vehicle in proper working condition. You will return the Vehicle in the same condition as it was provided at the start of the lease. You are responsible for any repair or refurbishment costs and these will be added to the cost of the lease.
Use of the vehicle. The Vehicle must not be driven by anyone other than you and then only under the condition that your ability to drive is not in any way impaired by mental or physical incapacity or restricted by the Law.
In every vehicle there is a special GPS Moving intelligence system that allows us to guide the location of the truck. By reading and accepting out Terms and Conditions, you give your consent that is allowing us to check the location of the truck at any time. This will be done strictly for safety reasons, such are mileage guidance and for fine tracking.
The Vehicle will be provided to you with a full fuel tank. You must only refuel the Vehicle with the correct type of fuel. Costs of fuel and for the refueling service will be at your expense if the Vehicle is not returned with a full tank, as it was mentioned in the previous sector.
When parking the Vehicle, even for a short period, you undertake to lock it and make use of the Vehicle's alarm and/or immobilisation equipment. You must never leave the Vehicle unoccupied with the keys in the ignition. Non-return of the keys will lead to invalidation of the theft cover.
You undertake to use the Vehicle in a responsible manner and in particular, only for the purposes for which it is intended.
In particular, you must not use the Vehicle under any of the following conditions or for any of the following purposes:
You will be liable for any offence committed during the lease period which relates in any way to your use of the Vehicle, as if you were the owner of the Vehicle. Upon the request of the Police or any official body HTFR may have to transfer your personal data. Such transfer will be done in accordance with the data protection Laws of the country of lease.
The agreement between you and HTFR and all disputes arising from them is exclusively governed by Dutch law. In case In case the Dutch law does not apply due to mandatory law, the law of the country of the location where the vehicle is picked up applies. Any dispute with regard to the agreement will settled the competent court in The Netherlands.
7.1 Legal relationship
Registration certificates or ownership codes will never be provided unless the lessee has fulfilled all obligations under the lease agreement.
7.2 Payment of the lease term
7.2.1. The lessee must always pay the amounts due in a timely manner, which means:
- Any down payment on the agreed-upon date and, in the absence thereof, no later than the date of availability;
- The first installment, being a pro rata fee from the date of availability until the 1st day of the following calendar month, as well as the first full lease term, by the 1st of the month following the date of availability;
- The remaining lease installments, payable in advance on the first day of each month, which is the due date;
- Any agreed-upon purchase option price or final installment on the lease agreement's expiration date;
- All other amounts due immediately upon receipt but no later than 14 days after the date of the respective invoice.
7.2.2. If the parties have a dispute regarding the validity and/or amount of the invoices, HTFR's administration is binding unless proven otherwise in writing.
7.2.3. In the event of non-payment, lessee is liable for default interest of 5% per month, calculated from the due date of the invoices until the day of full payment, with each commenced month being counted as a full month.
7.2.4. Lessee is not entitled to withhold any payment based on setoff and/or debt offsetting. All payments shall be made without any deduction, setoff, or suspension.
7.3 Costs not included in the lease term
All costs and fines, including those for traffic violations, related to or resulting from the actual use of the object and its associated accessories, tools, documents, and other additions and/or equipment, are the responsibility of the lessee.
7.4 Use of the object
7.4.1. The lessee shall only use the object (or have it used) for the purposes for which it is intended and equipped according to the accompanying (technical) specifications. The lessee must possess the necessary permits required for the intended use of the object and use it in accordance with the regulations of those permits. In particular, the lessee must adhere to the instructions and guidelines provided by the respective manufacturer, importer, dealer, or supplier regarding speed, load, and loading, as stated in the maintenance or instruction manual accompanying the object.
7.4.2. The object may only be operated by authorized individuals who possess a valid driver's license in both the Netherlands and the country where the object is being used.
7.4.3. The lessee is not permitted to sell, pledge, or encumber the object in any way, nor lease it out or allow any third party to use it without obtaining prior written permission from HTFR.
7.4.4. The lessee shall comply with all terms and conditions of the insurance policy covering the object and shall not engage in any activities that are in conflict with the policy. The object may only be used by the lessee in a country where the insurance provides coverage.
7.4.5. Without prior written permission from HTFR, the lessee is not allowed to make any substantial alterations to the object, such as modifications to the structure, interior fittings, or accessories.
7.4.6. All fines and/or penalties imposed by authorities in or outside the Netherlands shall always be borne by the lessee.
7.4.7. If the lessee fails to make payment(s) to third parties related to the object, HTFR is entitled to make such payment(s) on behalf of the lessee to protect its rights. The lessee is obligated to reimburse HTFR for the amounts paid, plus administrative costs and other expenses, upon HTFR's first request.
7.4.8. HTFR is not liable and/or responsible for the technical condition of the object. The lessee shall not have the right to terminate or terminate the agreement prematurely due to the inability to use the object, even if such inability is due to force majeure. The lessee is still obligated to pay the lease installments and other invoices to HTFR without any deduction or compensation. HTFR is never obliged to pay any damages for any reason.
7.5. Damage, theft
7.5.1. In the event of theft, loss, or damage to or caused by the object, the lessee shall immediately notify HTFR by telephone and then, within 24 hours, submit a fully completed claim form. Furthermore, in cases of theft, loss, or damage on public roads or in cases involving bodily injury or third parties, the lessee shall promptly report the incident to the police and, if possible, obtain statements from witnesses, which shall be submitted to HTFR.
7.5.2. In the event of theft or loss, the lessee shall ensure that all keys, documents, and other accessories such as audio, security, and communication equipment pertaining to the object are delivered to HTFR within 48 hours. The lessee is liable for the consequences of any late or incomplete action.
7.5.3. The lessee is required to have the object assessed immediately after the occurrence of damage and to strictly follow HTFR's instructions for repairing the damage.
7.5.4. In case of damage, HTFR will immediately invoice the lessee for the amounts pertaining to the deductible. If the damage has been fully reimbursed to HTFR by a third party, HTFR will credit the invoices for the deductible.
7.5.5. Any damage to the object that is discovered by HTFR at any time and for which HTFR has not received timely notification from the lessee in accordance with the provisions of this article shall be entirely the responsibility of the lessee. The determination of the nature and extent of the damage by HTFR or its appointed expert(s) shall be binding on the lessee.
7.5.6. Any damage that occurs, whether or not caused by an accident, to the object, the lessee, and/or third parties, as well as to any personal belongings of the occupants, and/or other property, which is not or not fully covered by insurance or otherwise, shall be entirely the responsibility of the lessee. The lessee indemnifies HTFR against any claims in this regard.
7.6. Early termination
During the term of a lease agreement, the lessee may request HTFR to allow them to fulfill all remaining obligations arising from the lease agreement at once in order to terminate the lease of the respective object and acquire ownership of it. HTFR is not obligated to agree to this request and may impose conditions for granting it. HTFR will generally only withhold its consent to such a request if it deems it necessary based on its security position in the context of the entire lease agreement and in accordance with its obligations. If HTFR agrees to the lessee's request to terminate the lease agreement during its term, the future obligations, consisting of the sum of the remaining installments, excluding service components, plus the purchase option price or residual value, become immediately and fully due. HTFR may offer a discount on the interest component of the immediately due remaining installments, but it is not obligated to do so.
7.7.1. HTFR is entitled to terminate the entire lease agreement(s) without further notice of default or judicial intervention with immediate effect and to regain possession of the respective objects if:
- The Lessee fails to fulfill any obligation under the lease agreement and/or the General Terms and Conditions, whether partially, late, incompletely, or incorrectly;
- The Lessee dies, is placed under guardianship, applies for suspension of payments, offers an amicable or judicial settlement, files for bankruptcy, is declared bankrupt, falls under the provisions of the WSNP, relocates abroad, sells her business (partially), suspends operations, or liquidates, the shares in the capital of the Lessee are transferred to other parties, whether or not as a result of a legal merger or demerger, or the control relationships within the Lessee change;
- Attachment is placed on the entirety or a part of the lessee's assets or on an object, as well as in the case of judicial attachment;
- The insurance company refuses the lessee as the policyholder for any reason or terminates the insurance due to the claims history, or if normal insurance coverage against hull damage can no longer be obtained, or if the lessee keeps the object insufficiently insured;
- The lessee provided any incorrect information or withheld facts or circumstances at the time of entering into the agreement, which are of such a nature that HTFR would not have entered into the agreement or not under the same conditions if it had known the true state of affairs;
- Circumstances arise that, in the opinion of HTFR, limit or jeopardize HTFR's ability to recover its claims, or if a deposited or granted liability statement for the lessee is withdrawn.
7.7.2. If HTFR proceeds with the dissolution, the lessee is no longer entitled to use the object and must return it in accordance with the applicable procedure. HTFR is then entitled to freely dispose of the object, including its sale.
7.7.3. Dissolution results in the lessee being liable for damages. The damages owed by the lessee in such cases shall at least consist of the sum of the remaining lease installments plus all costs related to the dissolution. If HTFR has not sold the object within 30 days after the dissolution, the forced sale value shall be considered as the sale proceeds of the object. HTFR is at all times authorized under the lease agreement to offset its claims against the lessee's claims.
7.7.4. If any of the aforementioned circumstances occur, regardless of whether HTFR exercises its right to dissolution, HTFR is entitled to full compensation for all costs arising therefrom, including full compensation for legal assistance costs in and out of court. HTFR has the choice to either claim the actual extrajudicial costs or claim extrajudicial costs fixed at 15% of the amount to be claimed, with a minimum of EUR 250.00.
7.7.5. If the lessee appears on the sanctions list of the Sanctions Act, HTFR is entitled to proceed with the dissolution directly, under the aforementioned conditions.
7.8 Taking possession of an object and final settlement
7.8.1. After the expiration of the agreed lease term, or in the event of termination in accordance with the provisions of these General Terms and Conditions, the lessee shall return the respective object in good condition to HTFR or at another location designated by HTFR for this purpose.
7.8.2. The return of an object is confirmed by signing a return form, which indicates, among other things, the mileage, and the condition of the object at that time. The lessee must hand over the keys, spare keys, registration documents or registration cards, and all other accessories to the recipient of the object. All accessories that are not included in the lease may be removed by the lessee, provided that their removal does not cause any damage or decrease in value of the object.
7.8.3. If HTFR is forced to repossess the object without the cooperation of the lessee, the return form shall be signed by the recipient of the object. The determinations in the return form are binding.
7.8.4. HTFR is entitled to recover from the lessee the repair costs and depreciation of the object resulting from unreported or inadequately repaired damages, as well as the costs of damages caused by incorrect or careless use and the (additional) costs of inadequate maintenance. The lessee must pay these costs upon the first request of HTFR.
7.8.5. The costs of removing advertisements, names, and the like are also borne by the lessee. The costs resulting from the loss or untimely submission of the documents and other accessories belonging to the object are also borne by the lessee.
7.8.6. After taking possession of the object, HTFR prepares a final settlement. Settling of accounts takes place, in any case, for the excess kilometers driven, and if agreed upon, for the fewer kilometers driven at the respective rates as mentioned in the lease agreement.