General Terms and Conditions of BKD-EXPRES BV Regarding the Use of the BKDgo Application
Date of Last Revision: May 16, 2024
BY OPENING OR USING THE BKD APPLICATION, ANY BKD-EXPRES VEHICLE, OR SERVICES PROVIDED BY BKD-EXPRES, YOU, THE USER, INDICATE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE GENERAL TERMS AND CONDITIONS OF BKD-EXPRES AS DESCRIBED BELOW (THE “AGREEMENT” OR THE “GENERAL TERMS AND CONDITIONS”) AND THE GENERAL TERMS AND CONDITIONS OF THE INSURER (AVAILABLE AT THE FOLLOWING LINK: [bkdgo.com/en/terms-and-conditions](http://bkdgo.com/terms-and-conditions)). IF YOU DO NOT AGREE TO THE GENERAL TERMS AND CONDITIONS OF BKD-EXPRES AND THE GENERAL TERMS AND CONDITIONS OF THE INSURER, YOU NO LONGER HAVE THE RIGHT TO USE THE BKD APPLICATION, THE BKD-EXPRES VEHICLES, OR THE SERVICES PROVIDED BY BKD-EXPRES.
By checking the box indicating that the User accepts the General Terms and Conditions of BKD-EXPRES and the General Terms and Conditions of the Insurer, the User accepts the General Terms and Conditions of BKD-EXPRES, including all other provisions referenced herein, as amended from time to time at the sole discretion of BKD-EXPRES. In case of any change(s) to the General Terms and Conditions listed on the Application, the User expressly accepts these changes if he/she decides to continue using the Application.
INTRODUCTION
BKD-EXPRES, a private limited company, headquartered at 2530 Boechout, Provinciesteenweg 660, with company number 0727.624.417 (hereinafter referred to as "BKD-EXPRES"), has developed an application that allows registered users to use vehicles from a shared fleet in accordance with the General Terms and Conditions (the "Application").
1. DEFINITIONS
Terms capitalized in these General Terms and Conditions have the meanings assigned to them in this Article 1 or as specified at the place where they are used.
- “Designated Zone” is the area within which Vehicles must be parked by a User after use, as displayed in the Application based on the current geolocation.
- “Applicant” is a person who registers for the Application and wishes to be accepted by BKD-EXPRES as a User to use the Services and Vehicles.
- “Account” means the personal user account associated with the Application created by the User upon registration in the Application, containing personal data.
- “Application” means the mobile application managed by BKD-EXPRES through which Users can receive BKD-EXPRES Services and use the Vehicles in accordance with the conditions of these General Terms and Conditions.
-“Actual Driving Time” means the period of use of a Vehicle by a User, which starts thirty (30) seconds after the Vehicle is unlocked and ends when the Vehicle is parked in the Designated Zone, provided that this period is not shorter than one (1) minute and does not exceed fourteen (14) Calendar Days.
-“Service(s)” means the services provided by BKD-EXPRES via the Application, allowing Users to use a Vehicle in accordance with the terms of these General Terms and Conditions.
-“User” means a person over 23 years old who has been accepted by BKD-EXPRES in accordance with Article 3 to use the Services, make bookings, and use the Vehicles in accordance with the General Terms and Conditions. The User expressly confirms that he/she is over 23 years old, holds a valid driver’s license, and meets the specific requirements of the General Terms and Conditions if he/she chooses to use cars or vans.
-“Reserved Vehicle” is a Vehicle reserved by a User.
-“Rental Period” is the period that starts with the confirmation of the booking and ends when the Vehicle is parked in the Designated Zone and the User ends their use of the Vehicle via the Application.
-“Calendar Day” includes every day (24 hours) of the week from Monday to Sunday.
-“BKD-EXPRES Customer Service” means BKD-EXPRES’s customer service team, available by phone at the number shown on the Application or via hello@BKD-EXPRES.com, provided that all urgent information or questions must be communicated by phone and all other communication should be done by email.
-“Fees” include the fees a User owes to BKD-EXPRES for receiving the Services and using the Vehicles.
-“Insurance Company” or “Insurer” is Baloise, the insurance company appointed by BKD-EXPRES to insure the Vehicles.
-“Vehicle” is a car, van, minibus, double cabin, or box truck owned or leased and made available by BKD-EXPRES, with which Users can use the Services.
-“Business Day” means any day from Monday to Friday, excluding Saturday, Sunday, or a Belgian public holiday.
2. REGISTRATION AND IDENTIFICATION
2.1. The Application is made available to Applicants when they register on the Application. After completing their registration, the Applicant must provide at least the following information to become a User:
- name;
- date of birth;
- Application login credentials (email address and password);
- residence;
- phone number;
- details of the payment method used or any other information as requested by BKD-EXPRES and/or an external payment provider, if applicable, so that (i) the User can make payments and (ii) BKD-EXPRES and/or the external payment provider can receive the Fees and other amounts according to these General Terms and Conditions;
- any documents that may be requested by BKD-EXPRES, such as a copy of the Applicant's ID card/passport, driver’s license, etc., for identification and insurance purposes by the Insurance Company;
- any other information that may be requested by BKD-EXPRES at any time, either electronically or physically, so that BKD-EXPRES can make the Application and Services available to the User and to verify that the Applicant meets the requirements to be recognized as a User and to remain a User.
2.2. Any Applicant wishing to use a car or a van must also make a sworn statement by checking the appropriate boxes to confirm that he/she agrees with the following declarations at all times during the use of the Services:
"I declare that I have held the necessary driving licenses for at least 36 months and that I have not been disqualified from driving in the last 5 years.”
"I declare that I have not had more than 1 accident in the last 5 years.”
"I declare that I will not drive under the influence of alcohol, drugs, medications, or other substances that affect driving.”
"I hereby declare that no insurer has refused me insurance, declared it invalid (or void) from the beginning, or canceled it in the last 5 years.”
"I hereby declare that I have no physical disabilities or illnesses that affect driving.”
"I declare that if I fail to comply with the general terms and conditions of BKD-EXPRES, I will be personally liable for all damage to the Vehicle and all damage to third parties.”
"I understand that the insurer has the right to recover from me or refuse coverage in the cases provided for in the insurer's general terms and conditions.”
2.3. The User acknowledges and agrees that BKD may contact any insurance company, credit information agency, authority, or other intermediary providing identity verification services to verify the User’s identity and the information provided and may provide information to these same entities if requested by them.
2.4. BKD-EXPRES reserves the right to determine whether an Applicant is accepted as a User and notifies the User via the Application or by email, and unlocks features that are only available to Users. BKD-EXPRES may decide at any time to revoke the acceptance as a User.
2.5. The User acknowledges that his/her Account is strictly personal and may not be used by third parties. The User expressly acknowledges and agrees that it is strictly forbidden for Users to give, lend, sell, or otherwise transfer their Account to third parties. If a User has reason to believe that a third party is using his/her Account (for example, in case of loss or damage to the Application/phone), he/she must immediately notify BKD-EXPRES Customer Service (+32 (0)3 283 63 33) or hello@bkdgo.com.
3. USE OF SERVICES AND VEHICLES
Only Users may use the Services related to cars and vans in accordance with the General Terms and Conditions, provided that the rights granted to a User are always limited usage rights and can in no way be considered as a transfer of ownership of the Vehicles.
The User has the right to use the Services and a Vehicle during his/her Rental Period and will owe a Fee for this use based on the Actual Driving Time of such Rental Period, including Breaks, and/or based on the kilometers driven during the Rental Period, as further described in the Application.
3.1. Reserving Vehicles
3.1.1. To use a Vehicle, Users must search for an available Vehicle via the Application or, if they have already found an available Vehicle on the street, check the availability of the Vehicle in the Application.
3.1.2. It is possible to reserve a Vehicle for fifteen (15) minutes at no cost through the Application by clicking on "Reserve" or, for a longer period, for a fee specified in the Application at the time of reservation. The Rental Period begins at the time of reservation confirmation. The User then has access to the Reserved Vehicle and can unlock it during the Reservation Period, preventing another User from using the Reserved Vehicle, provided that if the User does not unlock the Reserved Vehicle or cancels the reservation during the Reservation Period, the Vehicle will become available to another User.
3.1.3. BKD-EXPRES does not guarantee that a reservation request made through the Application will be accepted or fulfilled by BKD-EXPRES for a specific Rental Period.
3.2. Access to Vehicles
3.2.1. To access a Vehicle, the User must use the Application.
3.2.2. Before unlocking the Vehicle (either at the beginning of a new Rental Period or after a "Break"), the User must conduct an inspection of the Vehicle by inspecting the exterior for any damage. In the event of damage to the Vehicle (other than that already indicated in the Application if applicable), the User must immediately notify BKD-EXPRES of such damage via the Application. If the User is unable to notify BKD-EXPRES via the Application for any reason, the User must notify BKD-EXPRES within one day by contacting Customer Service via email, with photos of the damage. After unlocking the Vehicle via the Application and accessing the Vehicle, the User must also conduct an internal inspection and report any damage or dirt to BKD-EXPRES in the same manner. Taking photos and/or video recordings of this inspection is strongly recommended.
3.2.3. BKD-EXPRES may refuse the start of a Rental Period based on its assessment of the damage.
3.2.4. If the User fails to report any damage or defect that could have been noticed during the aforementioned external and internal inspections or immediately after starting the engine and was not reported during said inspections or immediately after starting the engine, the User shall be held liable for the damage or defect.
3.3. Use of the Vehicle
3.3.1. Each Account and each Rental Period are strictly personal: a Vehicle may only be used and driven by a User on the Account with which the Rental Period has been requested (without prejudice to the right to accommodate passengers if permitted under the General Terms and Conditions). The User expressly acknowledges that he/she may not under any circumstances allow a third party to use and drive a Vehicle with his/her Account unless the User is unable to drive the Vehicle during the Actual Driving Time due to force majeure or other cause beyond his reasonable control (in which case the User must immediately inform Customer Service and may appoint a competent third party to drive the Vehicle during the relevant Actual Driving Time, provided that this third party complies with these General Terms and Conditions, with the understanding that the User remains responsible for this third party).
3.3.2. If the User is unable to use and drive a Vehicle for any reason and wishes to use a Vehicle together with a third party who is able to use and drive a Vehicle, this third party must obtain permission to use and drive a Vehicle through his/her own Account and provided that this third party is approved as the User in accordance with the terms of these General Terms and Conditions.
3.3.3. Each Rental Period must end in the Designated Zone as indicated in the Application.
3.3.4. If the Vehicle is a car or van, or box truck, the Vehicle may not be used outside Belgium and the countries bordering Belgium (France, Germany, Netherlands, and Luxembourg), provided that additional charges will be applied if the Vehicle is used outside Belgium.
3.3.5. If the User exceeds the permitted daily mileage limit, additional charges will be applied by BKD-EXPRES in accordance with Article 7 of these General Terms and Conditions. If the User has reason to believe that the odometer is defective (i.e., the device that calculates the distance traveled), the User must immediately notify Customer Service via email.
3.3.6. Without prejudice to any prohibition, obligation, or guidelines regarding the use of a Vehicle as set out in these General Terms and Conditions or by law, the User undertakes to:
- use and drive the Vehicle in accordance with the manual, the driver's handbook, the Vehicle documentation, and the manufacturer's specifications;
- exercise caution and pay attention to pedestrians and other road users (especially if the Vehicle is electric and therefore makes virtually no noise).
- Always comply with current laws and regulations applicable to the use of vehicles on public roads, including any (temporary) altered traffic situations; and
- Drive safely, cautiously, and economically. In the event of excessive speed, abrupt changes in direction, joyriding, or any other dangerous driving behavior, BKD-EXPRES reserves the right to (i) send the User a message requesting a change in their driving behavior, (ii) block the User's Account, (iii) block any further use of a Vehicle, even during a Rental Period, or (iv) take any other action deemed appropriate by BKD-EXPRES. In these circumstances, the User remains liable for the payment of their Rental Period and is also obliged to compensate BKD-EXPRES for any additional costs and damages.
3.4. Ending a Rental Period
3.4.1. The Rental Period will automatically end when the User (i) has completed the Rental Period in the Designated Zone in the Application, (ii) has safely and legally parked the Vehicle, and (iii) has ended the Rental Period via the Application (provided that the User can also use the "Pause" function).
3.4.2. At the end of each Rental Period, the User must lock the Vehicle and leave it in good condition, which includes (i) closing all windows and the roof if applicable, turning off all headlights and lights, closing and locking all doors, (ii) leaving all documents and accessories present in the Vehicle, (iii) for Vehicles with keys, leaving the keys in the glove compartment (even in the case of a Pause), (iii) locking the Vehicle via the Application, and (iv) taking photos and/or video recordings of the condition of the Vehicle. The User also undertakes to leave the Vehicle clean and free from waste, dirt, and stains and not to leave any personal belongings in the Vehicle. BKD-EXPRES cannot be held liable for the loss or theft of personal belongings left on or in the Vehicle.
3.4.3. If the User is unable to end the Rental Period via the Application due to technical problems caused by BKD-EXPRES, the User must first attempt to repark the Vehicle and then try to end the Rental Period via the Application. If this attempt fails, the User must immediately notify Customer Service at 03 283 63 33, and BKD-EXPRES may reimburse the User for any costs directly attributable to the technical problems (i.e., any additional minutes of Vehicle rental), but will not be liable for any additional costs. If the User fails to notify BKD-EXPRES of any technical problems to end the Rental Period, all additional costs and expenses arising from such technical problems shall be deemed the responsibility of the User, and the Rental Period will continue, without prejudice to the User's right to demonstrate the actual time of return of the Vehicle.
3.4.5. If a User causes damage to the Vehicle or incurs damage during the Rental Period, regardless of whether such damage is minor or major, they are obligated to immediately inform Customer Service. The User will generally be responsible for any loss, dirt, damage, or costs related to their Rental Period, and the User will always have the opportunity to prove that they are not responsible.
3.5. Parking
3.5.1. The Vehicle must be parked in the Designated Zone in a manner accessible to the next User, either in a permitted parking space on public roads or in a parking space on private property explicitly designated as a permitted parking space in the Application (other private parking spaces are excluded). If the Vehicle is parked in a future restricted parking area, the User may only park the Vehicle in such area at least forty-eight (48) hours before such restriction takes effect. Underground parking is also prohibited unless otherwise indicated in the Application.
3.5.2. The User is responsible for all parking costs, fees, or other charges (including costs for reparking or towing) resulting from improper parking of the Vehicle or parking the Vehicle outside the Designated Zone (provided that certain Designated Zones do not apply to all Vehicles, e.g., airports).
3.5.3. BKD-EXPRES offers a "Pause" option. If the User wishes to use this feature, the User must park the Vehicle as they would when completing the Rental Period and, after locking the Vehicle, select the "Pause" function instead of "termination." The Vehicle will then be reserved for the User and will be immediately available when needed. Additionally, during the "Pause," the User may park in private parking lots to the extent legally permissible. The User remains responsible for the Vehicle during the "Pause" and is responsible for all costs associated with parking in such private parking zones.
3.6. Charging and Refueling
3.6.1. The User shall check the remaining driving range of the Vehicle and ensure adequate fuel or electric power for the Vehicle, as applicable. If the fuel level or electric power drops below a remaining driving range of thirty-five (35) kilometers, the User must refuel/recharge the Vehicle. The cost of fuel/electricity is included in the Vehicle rental fees. Refueling/recharging is done at a partner station as shown in the Application, using the provided fuel card/charging card. If it is necessary to refuel/recharge at a non-partner station, the User must advance these costs and promptly provide the payment receipt to BKD-EXPRES, which will reimburse the User for these costs.
3.6.2. BKD-EXPRES will compensate the Customer for the time required to refuel/recharge the Vehicle at a non-partner station, as mentioned above. This compensation will be equal to the average rate for the time required to refuel/recharge the Vehicle. The Customer must provide a valid receipt to qualify for this compensation.
3.6.3. The User undertakes to end the Rental Period with a minimum driving range of thirty-five (35) kilometers for the Vehicle. If the Rental Period is terminated with a remaining driving range of less than thirty-five (35) kilometers, the User will bear all costs (including repair costs) incurred by BKD-EXPRES for towing, refueling, or recharging the Vehicle in accordance with Article 7.
3.6.4. BKD-EXPRES will not be responsible or liable under any circumstances for reimbursing the User if a Vehicle is rendered unusable due to a lack of fuel or electric power because the User failed to recharge/refuel the Vehicle when the remaining driving range was less than thirty-five (35) kilometers. The User is responsible for all costs (including repair costs) related to moving and refueling or recharging the Vehicle arising from negligence in this regard and for all costs arising from improper refueling and recharging of a Vehicle.
4. USER RESTRICTIONS
4.1. A User has no rights other than the limited user rights granted in accordance with these General Terms and Conditions. The User expressly acknowledges and accepts that they cannot claim ownership rights to the Vehicle.
4.2. If the User intends to transport goods, it must be done in compliance with applicable safety regulations and laws. The User must ensure that the cargo is transported safely and legally and does not pose a danger to the driver, other road users, or the rental vehicle itself.
4.3. The User expressly acknowledges and accepts, both personally and on behalf of all passengers, that it is prohibited to:
- rent or allow a third party to use the Vehicle;
- transport hazardous, flammable, toxic, or other dangerous substances;
- apply any advertising on the rental vehicle;
- transport objects that may cause injury or damage, have a negative impact on safe driving, or are prohibited by law (especially due to their shape, size, or weight);
- enter cargo loading areas of ports, stations, and airports;
- transport babies and young children without complying with legal obligations;
- transport more passengers than there are seat belts in the Vehicle;
- transport animals (unless in a closed cage in the trunk);
- pollute or damage the Vehicle;
- consume food or drinks that could be spilled in the Vehicle;
- smoke or use electronic cigarettes in the Vehicle;
- remove items or equipment attached to the Vehicle;
- perform repairs or modifications to the Vehicle or have them performed by third parties (including dismantling them);
- open the hood of a Vehicle or a space not normally intended to be opened.
- towing trailers, vehicles, or other objects with the Vehicle;
- overloading the Vehicle;
- committing criminal or immoral acts through the use of the Services or the Vehicle;
- driving while using a mobile communication device that may distract the User;
- driving under the influence of alcohol, prohibited drugs, or medications that may affect driving behavior;
- using the Vehicle for motorsports, speed testing, speed racing, circuit driving, or racing;
- using the Vehicle to participate in a bet or challenge;
- using the Vehicle for testing, driving lessons, or off-road driving;
- starting other vehicles with it; and
- generally violating applicable laws when using the Services or the Vehicle.
5. GENERAL NOTIFICATION OBLIGATIONS
Without prejudice and in addition to all other notification obligations described in these General Terms and Conditions, the User must immediately notify Customer Service and cease using the Services and the Vehicle if any of the following occurs:
- if any of the User information provided in Article 2 of these General Terms and Conditions changes;
- if the User no longer adheres to the solemn declarations as described in Article 2 of these General Terms and Conditions;
- any case of loss of login credentials such as user ID and/or password;
- if the User's driver's license is revoked, restricted, or suspended, whether temporarily or permanently;
- in the event of a prohibition to drive or use the Vehicle (especially for medical reasons, due to violations, or in case of restrictions imposed by an authority or the police);
- in case of an accident involving the Vehicle during Actual Driving Time.
6. IN CASE OF AN ACCIDENT
6.1. If the Vehicle is involved in an accident or if damage or injury is caused to a person or property as a result of using the Vehicle, the User must:
- immediately, if necessary, inform the police, especially if a third party has been injured or third-party property has been damaged;
- immediately notify Customer Service via the Application and follow the instructions on how to act in the situation;
- remain at the scene of the accident until advised otherwise by BKD-EXPRES and/or the police;
- not admit liability to third parties or admit fault;
- obtain contact information from other parties (including witnesses); and
- fill out an accident damage report and send it to BKD-EXPRES within two (2) Working Days by email at hello@BKDgo.com.
6.2. If an accident occurs with an electric Vehicle, the User must inform the emergency services present that the Vehicle in question is an electric Vehicle.
7. FEES, COSTS, AND PAYMENTS
7.1. BKD-EXPRES will charge the User fees for the use of the Vehicle in accordance with the prices shown at the time of booking or using the Vehicle on the Application. An overview of the costs for using the Vehicle will be sent to the User at the end of the Vehicle use.
7.2. Unless otherwise specified in these General Terms and Conditions, the Fees cover the User's rights to use the Vehicle, refueling and recharging costs, parking costs in the Designated Zone (the User must always ensure to pay for any parking space outside this Designated Zone), and the costs of the legally required insurance, without prejudice to any compensation that may be claimed by BKD-EXPRES. Notwithstanding the foregoing, BKD-EXPRES has the right to demand indemnification for damage or loss resulting from the User's non-compliance with these General Terms and Conditions.
7.3. The Fees will be automatically debited by the external payment provider after the end of the Rental Period from the chosen payment method provided by the User in their payment details. Payments are subject to the terms and conditions of the external payment provider. BKD-EXPRES will not be liable in any case for damages arising from or in connection with the payment solution or services provided by the external payment provider.
7.3. In certain specific cases, additional charges apply, including, but not limited to:
7.3.1. Charges related to the mode of use, including:
- Fixed charges per unlocking of the Vehicle;
- Additional charges if the User pays per kilometer for Vehicle use but travels less than 1 km per 10 minutes;
- Drop-off fees for parking in Vehicle parking lots at airports.
7.3.2. Administrative costs necessary due to actions of the User, including:
- Handling of parking violations: (in addition to the fine costs, to be paid by the User): First reminder of the fine: EUR 0, second reminder of the fine EUR 25
- Compensation for breach of the general terms and conditions: depending on severity, minimum EUR 400
- Handling of files related to criminal offenses (traffic violations): EUR 150;
- Handling of files related to damage: EUR 30 – EUR 650
- Retrieval of abandoned goods and storage for up to one month: EUR 50.00
- Costs for re-parking improperly parked Vehicles (including Vehicles parked in private parking lots or a parking space not allowed according to the General Terms and Conditions): EUR 50 + towing costs charged by the towing company + costs of any parking ticket.
7.3.3. Costs and fees related to cases of damage and various damages to the Vehicle, including:
- Compensation for loss of income due to damage and repair: EUR 80/day
- Intervention costs: escalating – EUR 30 / EUR 80 / EUR 160.
- General on-site service costs (e.g., to close windows): EUR 30.00
- Light cleaning due to garbage/paper in the car: €100.00
- Major cleaning due to smoking/animals in the car: €300.00
- Misuse of fuel or parking card: €650 + consumption.
- Required additional cleaning for city car: depending on severity, minimum €60.
- Violation of this smoking ban incurs a fine of €175, in addition to any bailiff intervention costs and/or extra cleaning costs.
- Complete replacement of fuel or battery: EUR 150 + towing costs charged by the towing company
- Loss or theft of the key (in certain Vehicles): EUR 50 administration fee + EUR 350 for key replacement
- Loss of fuel card: EUR 150.00
- Use of the Vehicle in an unauthorized country: EUR 250
- Parking the Vehicle outside the Designated Zone: EUR 25 + retrieval costs (if retrieval is necessary)
- Drying the car due to open window: €80.00
- Removing labels, foil, etc.: up to €250.00
- Damaged rim: €130.
- Flat tire: €200.
- Allowing someone else to drive on your account: €300.00
- Driving without a valid driver's license: €300.00 + full responsibility
- Parking ticket: ticket price + administrative costs (€15). Speeding ticket and traffic violation: ticket price + administrative costs (€15)
- Moving a car incorrectly parked within the zone, for example, for a private driveway, bus lane, construction site: €50.
- Movement of a car by BKD-EXPRES outside the zone (<50 km): €200.
- Moving a car by BKD-EXPRES outside the zone (>50 km) or from another country: inquire with BKD-EXPRES
- Towing of the car by a towing company (due to violations of the rental conditions by the customer): depending on severity, minimum €400.
- Movement of a car left by customers with a tank level of less than 5%: minimum €60.
- Towing of a car left by customers with a low tank level: minimum €400.
- Maintenance of the car (only in case of customer's own fault): depending on severity + towing.
- Any costs for using toll roads during the rental period are borne by the renter. The renter is responsible for paying tolls and any administrative costs associated with them.
7.4. BKD-EXPRES reserves the right to deduct an amount of EUR 0.01 or EUR 0.02 from the User's chosen payment method in certain circumstances to verify its validity or to deduct a provisional amount from the User's chosen payment method once a Rental Period has begun.
7.5. All Users can request an overview of their past or active Rental Periods directly in the Application.
7.6. All other amounts due under the General Terms and Conditions (including the costs mentioned above) will be automatically debited from the User's chosen payment method once known to BKD-EXPRES or billed separately to the User. If the exact amount owed by the User is not yet known, BKD-EXPRES will estimate this amount and debit it as security from the User's chosen payment method, and the User will be notified of this by email. If the User disagrees with this debit, they must inform BKD-EXPRES in the same manner within three (3) Calendar Days of the debit or from the date of receipt of this email. In the absence of any dispute, the User will be deemed to have accepted the debit. If disputed within this period, BKD-EXPRES will inform the User whether BKD-EXPRES wishes to adjust the debit or not.
7.7. Amounts due but not yet paid by the User to BKD-EXPRES must be paid by the User within seven (7) Calendar Days from the date they are due or by the date specified on the invoice issued by BKD-EXPRES.
7.8. In case of late payment, the User owes a penalty clause and default interest.
This penalty clause and this interest apply immediately and are due without prior notice of default, except when the User is a consumer within the meaning of the Economic Law Code; in that case, the User will receive a first free reminder by email with a final deadline of fourteen (14) Calendar Days to make the outstanding payment.
If the User is a consumer within the meaning of the Economic Law Code, the applicable legal interest rate is equal to the interest rate plus eight percentage points referred to in Article 5, second paragraph, of the Law of 2 August 2002 on combating late payment in commercial transactions or any law replacing it, and the maximum applicable lump sum compensation is (i) 20 euros if the outstanding amount is less than or equal to 150 euros, (ii) 30 euros plus 10% of the outstanding amount for the portion between 150.01 and 500 euros if the outstanding amount is between 150.01 and 500 euros, (iii) 65 euros plus 5% of the outstanding amount for the portion above 500 euros with a maximum of 2,000 euros if the outstanding amount exceeds 500 euros.
If the User is not a consumer within the meaning of the Economic Law Code, the applicable statutory interest is the higher of the interest for consumers or 12% per year, and the fixed compensation due is €200 if the outstanding amount is lower than or equal to €500, and €350 if the outstanding amount is higher than €500.
BKD-EXPRES also has the right to deactivate or suspend the Account at its own discretion, withdraw the User's approval, or terminate the User's use of the Services.
BKD-EXPRES may engage third parties to collect outstanding balances from the User. In such cases, the User shall, to the extent legally permitted, pay all collection costs and similar costs related to the recovery of the debt. In all cases, the User shall be liable for the maximum fixed compensation provided for by law.
This Article remains in force after termination of these General Terms and Conditions.
8. PASS & CREDIT PACKS
8.1. Each User can order a "pass" or "credits," the price of which is indicated during the ordering process via the Application. Before the User completes their order, the selected package is displayed for verification in an order overview. The User can then identify and correct any input errors before placing the binding order by returning to the previous page or clicking on the designated button on the overview page. BKD-EXPRES reserves the right to accept or refuse any order. Orders are confirmed by BKD-EXPRES by email or notification.
8.2. Discounts offered by a pass apply only to the costs specified in that pass, and passes are not cumulative (i.e., minute rates or other discounts are only discounted with respect to a single pass, even if the User has more than one pass or credit package). Reduced rates per minute are rounded down to the minimum unit of currency applicable.
8.3. Each pass may be limited in time, number of rides, kilometers, or by the number of minutes included for a specific rate.
8.4. A User can order a single pass or opt for a subscription that is automatically renewed for successive periods identical to the initial period if the subscription is not terminated at least fourteen (14) calendar days before the end of the current period, provided that the subscription is then terminated at the end of that period). Each subscription is concluded for an indefinite period, with a minimum of one month from the date the subscription is concluded.
8.5. In the case of an order of a pass or subscription, each consumer-User has a right of withdrawal within a period of fourteen (14) calendar days from the date of the order, at no cost, which can be exercised by an unambiguous statement to this effect addressed to Customer Service or by using the following standard withdrawal form:
WITHDRAWAL FORM MODEL (Please complete and return this form only if you wish to withdraw from the contract)
"To the attention of BKD-EXPRES BV, Provinciesteenweg 660, 2530 Boechout (Belgium), hello@BKD-EXPRES.com:
- I/We (*) hereby give notice of my/our (*) withdrawal from the contract for the supply of the service (*) below
- Ordered on (*)
- User's name
- User's address
- User's signature (only if this form is notified on paper)
- Date of order
(*) Delete as appropriate."
If the User wants the service (and thus the use of the pass or subscription) to start during the withdrawal period, he/she must expressly request this, acknowledging that he/she thereby loses his/her right of withdrawal if the contract is fully performed (in other words, if the pass or subscription is fully used within the 14 calendar days).
If a User revokes such an order, BKD-EXPRES will refund the User no later than fourteen (14) calendar days after the date of notification of this revocation using the same payment method that the User used for the relevant order. If the User uses part of the ordered pass before withdrawing, the amount corresponding to what has already been delivered must be paid by the User.
9. LIABILITY
9.1. Liability of BKD-EXPRES
9.1.1. BKD-EXPRES is solely liable (i) for fines imposed due to a defect in the Vehicle that could not easily be determined immediately after starting the engine; and (ii) for damage or loss as a direct result of BKD-EXPRES's breach of these General Terms and Conditions.
9.1.2. BKD-EXPRES shall in no event be liable for (i) delay or failure to perform any of its obligations under the General Terms and Conditions in case of force majeure or any other cause beyond its reasonable control, including but not limited to power failure, explosion, fire, war, strike, or terrorism; (ii) in the event of loss, theft, or damage to the User's property left in a Vehicle; or (iii) in the event of loss or damage arising in any way from an act or omission of the User in the use or operation of a Vehicle or in connection with these General Terms and Conditions.
9.1.3. In no event shall BKD-EXPRES be liable to the User for any indirect, consequential, or incidental damages or losses, including loss of profit or loss of business for any reason whatsoever in connection with the General Terms and Conditions, the Application, the Services, or the Vehicles, even if BKD-EXPRES has been advised of the possibility of such damages or if this possibility could reasonably have been foreseen.
9.1.4. There is no exclusion or limitation of BKD-EXPRES's liability for death or personal injury caused by its negligence or intentional misconduct or for fraud on its part.
9.1.5. In no event shall BKD-EXPRES's total liability exceed two thousand five hundred (2,500) EUR.
9.1.6. Any exclusion or limitation contained herein applies to the extent permitted by applicable law.
9.2. Liability of the User
9.2.1. The User acknowledges liability for damages, losses, and costs resulting from non-compliance with the terms of these General Terms and Conditions, including but not limited to:
- any loss or damage caused to the Vehicle;
- any loss or damage caused to accessories or individual Vehicle parts;
- any expenses for related ancillary matters (such as towing costs);
- any fines imposed for improper parking or traffic violations;
- violations of the General Terms and Conditions; and
- claims from third parties.
9.2.2. The User undertakes to cooperate in any investigation or assessment regarding damages, losses, or costs and any accident related to his or her actions under these General Terms and Conditions.
Once damage to the Vehicle is reported or determined, BKD-EXPRES will ensure that the Vehicle is repaired or cleaned, and the User will be invoiced for the costs of such repair or cleaning based on the amount charged by the authorized garage that performed the repair or cleaning.
9.2.3. Except in cases of gross negligence, intentional misconduct, non-compliance with the General Terms and Conditions, or the use of a Vehicle by a third party during a Rental Period requested on the User's Account, where the User is liable for all damages and may be subject to an additional administrative fine of five hundred euros (EUR 500) at the discretion of BKD-EXPRES, the liability of the User shall be limited to the amount of the deductible in the case of full insurance coverage and/or the actual amount of the damages, losses, or costs incurred by BKD-EXPRES in case of partial or no insurance coverage. If the damages, losses, or costs are lower than the deductible, only the lower amount shall be due from the User.
9.2.4. In the event BKD-EXPRES is required to take out a motor vehicle liability insurance policy with regard to certain damages, losses, or costs, an additional deductible may be owed by the User if they are younger than 26 years old.
9.2.5. This Article shall remain in effect after termination of this Agreement.
9.2.6. BKD-EXPRES shall not be liable for the loss of personal belongings of the renter or passengers in the rental vehicle. The User is advised not to leave valuable items unattended in the rental vehicle and to take care of their personal belongings during the rental period.
10. INSURANCE
10.1. BKD-EXPRES undertakes at all times to take out the general statutory liability insurance that is legally required for all cars and vans. The general insurance conditions and the insured amounts are set out in the general terms and conditions of Baloise, available via the following link: [https://www.baloise.be/nl/professioneel/wagenpark/vrachtwagenverzekering.html](https://www.baloise.be/nl/professioneel/wagenpark/vrachtwagenverzekering.html). The insurance conditions Basic Liability, Basic - General Provisions, and Basic - Protection of persons on a compensatory basis apply.
10.2. Without prejudice to such insurance coverage, BKD-EXPRES shall at all times have the right to recover costs from the User, and the User shall indemnify and hold harmless BKD-EXPRES or, as the case may be, the insurance company in accordance with Article 9.2.
11. DISCLAIMER OF WARRANTIES
THE USER ACCEPTS EACH VEHICLE AND ALL OPTIONAL ACCESSORIES "AS IS," AND BKD-EXPRES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO A VEHICLE AND OPTIONAL ACCESSORIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN PASSENGER TRANSPORTATION. BKD-EXPRES DOES NOT WARRANT THE USE OF ANY SPECIFIC VEHICLE OR THAT ANY SPECIFIC VEHICLE WILL BE AVAILABLE FOR USE BY A USER AT ANY SPECIFIC TIME AND MAY, AT ITS SOLE DISCRETION, TAKE A VEHICLE OUT OF SERVICE AT ANY TIME. THE FOREGOING SHALL NOT AFFECT WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS ARTICLE SHALL REMAIN IN EFFECT AFTER TERMINATION OF THIS AGREEMENT.
12. INTELLECTUAL PROPERTY RIGHTS
The Application (in object code and source code form), underlying models and algorithms of the Application, the BKDgo trademark and logo, including all rights, titles, and interests (including intellectual property rights), shall at all times remain the sole and exclusive property of BKD-EXPRES and, if applicable, its licensors, and the User shall not acquire any rights, titles, or interests (including, without limitation, intellectual property rights) therein under these General Terms and Conditions, except for the limited user rights expressly granted hereunder. Notwithstanding, if the User modifies the Application or creates derivative works thereof, BKD-EXPRES or its licensor, as applicable, shall own all rights, titles, and interests, including intellectual property rights in and to such modifications and derivative works, and the User hereby assigns all such rights, titles, and interests in such modifications and derivative works to BKD-EXPRES free of charge.
The User agrees to the following:
(1) not to remove any notices of intellectual property in the Application;
(2) not to sell, transfer, rent, lease, grant access to, or sublicense the Application to any third party;
(3) not to modify or adapt the Application;
(4) not to dismantle, reverse engineer, disassemble, or attempt to discover the source code or object code of the Application;
(5) not to create derivative works of the Application; and
(6) not to use or register the "BKDgo" logo, trade name, or trademark, or any similar logo, trade name, or trademark.
13. PERSONAL DATA AND COOKIES
BKD-EXPRES considers the protection of the User's personal data and privacy to be of the utmost importance. BKD-EXPRES aims to provide the User with as much information and control as possible over the use of their personal data, its confidentiality, and the cookies used. BKD-EXPRES's privacy policy describes how BKD-EXPRES handles the personal data of Users, and BKD-EXPRES's cookie policy describes the cookies used by BKD-EXPRES and the information collected. These documents are available on the BKD-EXPRES website (link to website).
14. DURATION AND TERMINATION
14.1. These General Terms and Conditions are entered into between the User and BKD-EXPRES from the moment the Applicant creates an Account and subscribes to the Application. The General Terms and Conditions remain in effect indefinitely until terminated by either party in accordance with these General Terms and Conditions.
14.2. Either party may terminate this Agreement with one (1) Working Day notice by providing notice through BKD-EXPRES's Customer Service. During fourteen (14) Calendar Days after the conclusion of the Agreement, cancellation by the User may be considered an exercise of the right of withdrawal by providing an unambiguous statement to that effect to Customer Service or by using the model withdrawal form in Article 8 above.
14.3. BKD-EXPRES has the right at any time, at its discretion, to immediately or temporarily deactivate or suspend an Account or to terminate the Agreement immediately upon notice through BKD-EXPRES's Customer Service if any of the following events occur, or if BKD-EXPRES has reasonable grounds to believe that such an event has occurred:
- the User's driver's license is confiscated, revoked, suspended, or restricted, or the User is no longer entitled to have or obtain a driver's license;
- the User fails to pay the fees or other amounts due under these General Terms and Conditions;
- a third party uses or operates a Vehicle during the Rental Period requested through the User's Account;
- the User performs a criminal or immoral act or violates applicable traffic laws during or through the use of the Services or the Vehicle; or
- the User generally fails to comply with these General Terms and Conditions, whether due to negligence, gross negligence, intentional misconduct, or otherwise.
14.4. In the event of termination of the Agreement, deactivation or suspension of the Account, the User will no longer have the right to use the Application, Services, and Vehicle from the termination or for the duration of such deactivation or suspension, as applicable.
15. GENERAL PROVISIONS AND JURISDICTION
15.1. This Agreement constitutes the entire agreement and understanding between the User and BKD-EXPRES and supersedes all prior agreements and understandings, both written and oral, regarding the same subject matter, which remain in effect between BKD-EXPRES and the User. BKD-EXPRES will keep a record of all elements of contracts entered into with the User in accordance with all applicable legal requirements, and this record will be made available to the User upon request to Customer Service.
15.2. The User agrees that BKD-EXPRES has the right to inform the User via a pop-up of any changes to the General Terms and Conditions. The User's use of the Application, Services, and any Vehicle after the effective date of a change constitutes acceptance of such change. The User will at all times (if not in agreement) have the right to terminate the Agreement in accordance with these General Terms and Conditions.
15.3. The use of automated systems or software to extract data from the Application or BKD-EXPRES's website, including "scraper bots," is strictly prohibited. BKD-EXPRES reserves the right to take any measures it deems necessary to enforce this prohibition, including legal action, without prior notice.
15.4. The Application may be updated from time to time, particularly to implement technological changes, new features, changes to security features used, and to maintain compatibility of the Services provided with the General Terms and Conditions. When an update of the Application is required or otherwise necessary for the correct use of the Services, this update will be made available to the User at no additional cost. Use of an updated Application generally requires the updated version of the Application to be installed on the mobile device. If BKD-EXPRES indicates that an update is available, failure to install the update may result in limited availability of the Services or functionality, restricted access to the User's profile, compromised security effectiveness, or other disruptions to the Services. BKD-EXPRES will give reasonable notice of any necessary updates. BKD-EXPRES is not liable for the failure of the Services to comply with the General Terms and Conditions due to the User's failure to install the required update within the specified time or, failing that, within a reasonable time.
The Application is considered digital content or a digital service, and BKD-EXPRES guarantees that it complies with the requirements set out in these General Terms and Conditions and any other applicable document for the period during which it must be provided to a User under the General Terms and Conditions. In the event of non-compliance, the User is entitled to the legal warranty and remedies available under the applicable legal framework, including Articles 1701/1 and following of the old Civil Code. This legal warranty is only valid in case of non-compliance of the Application. It does not apply to defects in the compliance of other Services provided by BKD-EXPRES, particularly the rental of the Vehicle.
The functionality of the Application, including all applicable technical protection measures and all relevant compatibility and interoperability, is described in the Application.
15.5. If any provision of these General Terms and Conditions is invalid or unenforceable or in conflict with applicable law, such provision shall automatically be limited or amended to make it valid or enforceable to the extent permitted by applicable law, and all other provisions of these General Terms and Conditions shall remain in full force and effect.
15.6. The Application is available in French, English, and Dutch. The original version of these General Terms and Conditions is drawn up in Dutch. In the event of discrepancies between the different language versions of the General Terms and Conditions, the Dutch version shall prevail. As for insurance aspects, the Dutch texts always take precedence.
15.7. These General Terms and Conditions are governed by and interpreted in accordance with Belgian law, and any dispute relating to these General Terms and Conditions is subject to the exclusive jurisdiction of the courts of Antwerp (except for disputes with consumer Users, who may submit their claims to any competent court in accordance with mandatory legislation). If necessary, consumers in the event of a dispute can also contact the online dispute resolution platform established by the European Commission (ODR),
which is accessible via the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
16. QUESTIONS
If you have any questions about the General Terms and Conditions or their implementation, please contact Customer Service by email at hello@BKDgo.com.