General Terms and Conditions of BKD-EXPRES BV Regarding the Use of the BKDgo Application
Date of Last Revision: 04 June 2025
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 in order to become a User:
- name;
- Date of birth;
- Application login details (email address and password);
- residence;
- telephone number;
- details of the payment method used or any other information as requested by BKD-Express and/or a third-party payment provider, if applicable, so that (i) the User can pay and (ii) BKD-Express and/or the third-party payment provider can receive the Fees and other amounts according to these Terms and Conditions;
- all documents that can be requested by BKD-EXPRES, such as a copy of an identity card/passport, driving licence, etc. of the Applicant for identification and insurance purposes by the Insurance Company;
- any other information that may be requested by BKD-Express at any time, whether electronically or physically, in order to enable BKD-Express to 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 who wishes to use a car or a van must also make a sworn declaration by ticking the appropriate boxes to confirm that he/she agrees to the following declarations at all times while using the Services:
1. "I certify that I have held the necessary driving licences for at least 24 months and that I have not been denied the right to drive during the last 5 years.
2. "I declare that I have not had more than 1 claim at fault during the last 5 years."
3. "I declare that I will not drive under the influence of alcohol, drugs, medication, or anything else that affects driving."
4. "I hereby declare that no insurer has refused me an insurance policy during the last 5 years, declared it invalid (or null and void) from the beginning or canceled it."
5. "I hereby certify that I have no physical defect or illness that affects driving."
6. "I declare that in the event of non-compliance with the general terms and conditions of BKD-EXPRES, I am personally liable for all damage to the Vehicle and all damage to a third party."
7. "I realize that the insurer has the right to exercise recourse against me or to refuse its coverage in the cases provided for in the general terms and conditions of the insurer."
2.3. The User acknowledges and agrees that, in order to verify the identity of the User and the information provided, the BKD may contact any insurance company, credit reference agency, authority or other intermediary that offers identity verification services and provide information to the same authorities in case of any questions from them.
2.4. BKD-EXPRES has the right to determine whether an Applicant is accepted as a User and notifies the User via the Application or by e-mail, and unlocks features that are only available to Users. BKD-EXPRES may decide to withdraw acceptance as a User at any time.
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 accepts that it is strictly forbidden for Users to give, lend, sell or otherwise transfer their Account to third parties. In the event that a User has reason to believe that a third party is using his/her Account (for example, in the event of loss or damage to the Application/telephone), he/she must immediately inform the Customer Service of BKD-EXPRES (+32 (0)3 283 63 33) or hello@bkdgo.com.
3. USE OF SERVICES AND VEHICLES
Only Users may use the Services in relation to cars and vans in accordance with the Terms and Conditions, it being understood that the rights granted to a User are at all times limited rights of use and cannot be considered in any way 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 be liable for a Fee for such use based on the Actual Driving Time of such Rental Period, including Breaks, and/or based on the kilometers traveled during the Rental Period, as further described in the Application.
3.1. Vehicle Reservation
3.1.1. The Application offers two forms of use:
(i) Sharing – the immediate use of an available Vehicle that is on the street;
(ii) Booking – the advance reservation of a Vehicle for a specific period of time.
3.1.2. Sharing
3.1.2.1. In order to use a Vehicle via the Sharing System, the User must locate an available Vehicle via the Application or find a Vehicle on the street and verify its availability via the Application.
3.1.2.2. If the Vehicle is available, the User may unlock and use it immediately without prior reservation, provided that the User complies with all applicable conditions and the usage fees are accepted.
3.1.3. Booking (Booking)
3.1.3.1. The User may reserve a Vehicle through the Application for a predetermined period of time, with a maximum duration of fourteen (14) consecutive days. A reservation can be made up to fifteen (15) minutes before the scheduled time of departure, depending on the availability of the Vehicle.
3.1.3.2. A reservation can be cancelled or modified free of charge up to forty-eight (48) hours before the scheduled departure time. In the event of cancellation or modification within forty-eight (48) hours before departure, the User will be liable for a fee equal to the full amount of the reservation as displayed in the Application.
3.1.3.3. The Rental Period starts at the time of confirmation of the reservation. During the Reservation Period, only the User has access to the reserved Vehicle and can unlock it via the Application. If the User does not unlock the Vehicle or does not cancel the reservation in time, the Vehicle will be made available to other Users again after the Reservation Period has expired.
3.1.3.4. BKD-EXPRES does not guarantee that every reservation request via the Application will be accepted or granted for the desired Rental Period. BKD-EXPRES reserves the right to refuse reservation requests at its own discretion.
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 "Pause"), the User must carry out an inspection of the Vehicle, by inspecting the exterior of the Vehicle for any damage. In the event of damage to the Vehicle (other than already indicated in the Application if applicable), the User must immediately notify BKD-EXPRES of such damage via the Application. If for any reason the User is unable to notify BKD-Express via the Application, the User must notify BKD-Express within one day by contacting Customer Service via e-mail, with photos of the damage. After unlocking the Vehicle via the Application and accessing the Vehicle, the User must also carry out an internal inspection and report any damage or dirt to BKD-EXPRES in the same way. Taking photos and/or video recordings of this inspection is strongly recommended.
The User is required to take at least five (5) clear photos of the Vehicle for each Rental Period and to send them immediately to the email address hello@bkdgo.com.
3.2.3. BKD-EXPRES may refuse the commencement of a Rental Period on the basis of its assessment of the damage.
3.2.4. If the User fails to report any damage or defect that could be noticed immediately during the aforementioned external and internal inspections or immediately after starting the engine and that was not reported at the time of the aforementioned inspections or at the latest immediately after starting the engine, the User will be held liable for the damage or defect.
3.3. Use of the Vehicle
3.3.1. Each Account and Rental Period are strictly personal: a Vehicle may only be used and driven by a User on the Account through which the Rental Period was requested (without prejudice to the right to accommodate passengers if permitted under the General Terms and Conditions). The User expressly acknowledges that under no circumstances may he/she allow a third party to use and operate a Vehicle using his/her Account, unless the User is unable to drive the Vehicle during the Actual Driving Time due to Force Majeure or any other cause beyond its reasonable control (in which case the User must notify Customer Service immediately and a competent third party may to drive the Vehicle during the relevant Actual Driving Time, provided that such third party complies with these Terms and Conditions, provided that the User remains responsible for such 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, such third party must obtain permission to use and operate a Vehicle through his/her own Account and provided that such third party has been approved as the User in accordance with the terms and conditions of these 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, the Netherlands and Luxembourg), on the understanding that additional costs will be charged if the Vehicle is used outside Belgium.
3.3.5. If the User exceeds the permitted daily mileage limit, additional costs will be charged 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 inform Customer Service by email.
3.3.6. Without prejudice to any prohibition, obligation or guidelines regarding the use of a Vehicle as set out in these Terms and Conditions or by law, the User undertakes to:
- using and driving the Vehicle in accordance with the manual, the driver's manual, the Vehicle Documentation and the manufacturer's specifications;
- exercise caution and pay close attention to pedestrians and other road users (especially if the Vehicle is electric and therefore makes virtually no noise);
- to comply at all times with current legislation and all applicable laws and regulations relating to the use of Vehicles on public roads, including a possible (temporary) change in traffic situation; and
- Safe, careful and economical driving.
In the event of excessive speed, abrupt changes of direction, joyriding or other dangerous driving behaviour, BKD-EXPRES reserves the right to (i) send the User a message requesting them to change their driving behaviour, (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 his/her Rental Period and is also obliged to reimburse BKD-EXPRES for any additional costs and damages.
3.4. Ending a Rental Period
3.4.1. At the end of each Rental Period, the User must lock the Vehicle and leave it in good condition, which includes, among other things:
(i) closing all windows and 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 Keyed Vehicles, leave the keys in the glove compartment (even in the event of a Pause),
(iv) lock the Vehicle via the Application, and
(v) take photos and/or video recordings of the condition of the Vehicle.
The User is required to take at least five (5) clear photos of the Vehicle after each Rental Period and to send them immediately to the email address hello@bkdgo.com.
The User also undertakes to leave the Vehicle clean and free of 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.3.4.2. 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 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 Keyed Vehicles, leave the keys in the glove compartment (even in the event of a Break), (iii) lock the Vehicle via the Application and (iv) take photos and/or video recordings of the condition of the Vehicle. The User also undertakes to leave the Vehicle clean and free of 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 terminate the Rental Period via the Application due to technical problems caused by BKD-EXPRES, the User must first attempt to park the Vehicle again and then attempt to terminate the Rental Period via the Application. If this attempt fails, the User must immediately notify Customer Service on 03 283 63 33 and BKD-EXPRES may reimburse the User for any costs directly attributable to the technical problems (i.e. any additional few minutes of rental of the Vehicle), but will not be liable for any additional costs. If the User fails to notify BKD-EXPRES of any technical problems to terminate the Rental Period, then all additional costs and expenses resulting from such technical problems will be deemed to be the responsibility of the User and the Rental Period will continue, without prejudice to the User's right to prove the actual time of return of the Vehicle.
3.4.5. If a User causes damage to the Vehicle or suffers damage during the Rental Period, regardless of whether this damage is minor or major, he/she undertakes to inform Customer Service immediately. The User will in principle be responsible for any loss, dirt, damage or costs related to the Rental Period of the User and the User will always have the opportunity to prove that he/she is 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 an authorised parking space on the public highway, or in a parking space on a private property expressly designated as an authorised 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 becomes effective. It is also forbidden to park underground, unless otherwise specified in the Application.
3.5.2. The User is responsible for any parking fees, fees or other charges (including re-parking or towing charges) resulting from improperly parking the Vehicle or parking the Vehicle outside the Designated Zone (it being understood 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 he/she would when completing the Rental Period and, after locking the Vehicle, choose the "Pause" function instead of "termination". The Vehicle is then reserved for the User and is immediately available when needed. In addition, the User may park in private parking spaces during the "Break" to the extent that the User is legally allowed to park there. The User remains responsible for the Vehicle during the "Break" and is responsible for all costs associated with parking in such private parking areas.
3.6. Charging and refueling
3.6.1. The User must at all times check the remaining driving range of the Vehicle and ensure that there is sufficient fuel or electric power, depending on the type of Vehicle. If the driving range falls below thirty-five (35) kilometers, the User is obliged to refuel or recharge the Vehicle.
3.6.2. Sharing:
When used in the context of Sharing, the costs for fuel or electricity are included in the Fees. Refuelling or charging must be done at a partner station as shown in the Application and with the supplied fuel card or charge card. If a non-partner station is used, the User must advance the costs and submit a valid proof of payment to BKD-EXPRES for reimbursement. In this case, the User is entitled to compensation for the time it took to recharge or refuel, based on the average time rate.
3.6.3. BKD-EXPRES will provide compensation to the Client for the time it takes 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 be eligible for this compensation.
3.6.4. The User undertakes to end the Rental Period with a minimum driving range of the Vehicle of thirty-five 50 kilometers. If the Rental Period is terminated with a remaining driving range of less than thirty-five 50 kilometers, the User shall pay all costs (including repair costs) incurred by BKD-EXPRES for towing, refueling or charging the Vehicle in accordance with Article 7.
3.6.5. BKD-EXPRES will under no circumstances be responsible or liable for a refund to the User if a Vehicle is unusable due to a lack of fuel or electrical power due to the User not charging/refueling the Vehicle at the time the remaining driving range was less than thirty-five (35) kilometers. The User is responsible for all costs (including repair costs) associated with moving and refueling or recharging the Vehicle resulting from negligence therein and for all costs arising from improper charging and refueling of a Vehicle.
3.6.3. Booking – Full-to-Full Policy:
When booking (Booking), the Full-to-Full policy applies. The User receives the Vehicle with a full fuel tank or a fully charged battery and is obliged to return the Vehicle in the same condition.
If the User fails to do so, BKD-EXPRES is entitled:
• charge the cost of the missing fuel or charging time at current rates;
• an administrative fee of fifteen (10) euros to be added to the total amount;
• deduct all or part of these amounts from the guarantee as referred to in Article 3.7.
3.7. Guarantee
3.7.1. Before the start of the Rental Period, the User is obliged to pay a deposit. The amount of the deposit is determined according to the type of Vehicle and the duration of the Rental Period, as displayed in the Application or when the reservation is confirmed.
The minimum deposit is five hundred (500) euros.
3.7.2. The deposit must be paid before the Vehicle is put into service and serves as security for BKD-EXPRES with regard to:
– outstanding amounts or additional costs,
– arrears of payments,
– non-compliance with obligations as stipulated in Article 7 of the General Rental Conditions,
– and/or damage established as referred to in Article 11 of the General Rental Conditions.
3.7.3. Reimbursement of the deposit will take place at the end of the Rental Period, subject to any set-off against the items referred to in Article 3.7.2. Reimbursement will be made via the same means of payment with which the deposit was paid.
3.7.4. The deposit can only be paid by electronic means of payment: Visa, MasterCard or Bancontact. Cash payments are not accepted.
4. USER RESTRICTIONS
4.1. A User has no rights other than the limited user rights granted in accordance with these Terms and Conditions. The User expressly acknowledges and accepts that he/she cannot claim ownership of the Vehicle.
4.2. If the User intends to transport goods, this must be done in accordance with the safety regulations and laws in force. The User must ensure that the cargo is transported in a safe and legal manner 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, for the benefit of all passengers, that it is forbidden to:
- rent the Vehicle or have it used by a third party;
- transporting dangerous, flammable, toxic or other hazardous substances;
- to put some publicity on the rental vehicle;
- transport objects that may cause injury or damage, have a negative effect on safe driving or that are prohibited by law (in particular because of their shape, size or weight);
- cargo loading areas of ports, stations and airports;
- transport infants and small children without complying with legal obligations;
- carry 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 any food or drink that could be spilled into the Vehicle;
- smoke or use electric cigarettes in the Vehicle;
- remove any items or equipment attached to the Vehicle;
- carry out repairs or modifications to the Vehicle or have them carried out by third parties (including dismantling it);
- open the hood of a Vehicle or an area not normally intended to be opened;
- tow trailers, vehicles or other objects with the Vehicle;
- overloading the Vehicle;
- commit any criminal or immoral acts through the use of the Services or the Vehicle;
- drive and at the same time use a mobile communication device that can distract the User;
- driving under the influence of alcohol, prohibited drugs or medicines that can affect driving behaviour;
- use the Vehicle for motorsports, speed tests, speed competitions, track driving, or for racing;
- use the Vehicle to participate in a bet or challenge;
- use the Vehicle for testing, driving lessons or off-road driving;
- start other Vehicles with it; and
- violate generally applicable laws when using the Services or the Vehicle.
5. GENERAL NOTIFICATION OBLIGATIONS
Without prejudice to and in addition to any other notification obligations described in these 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 as provided for in Article 2 of these Terms and Conditions changes;
- if the User no longer complies with the declarations of honour 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 driving licence is withdrawn, restricted or suspended, whether temporarily or permanently;
- in the event of a ban on driving or using the Vehicle (in particular for medical reasons, as a result of violations or in the event of restrictions imposed by an authority or the police);
- in the event of an accident involving the Vehicle during the Actual Driving Time.
6. IN THE EVENT 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 the use of the Vehicle, the User must:
- inform the police immediately, if necessary, 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 BKD-EXPRES and/or the police advise otherwise;
- not admit liability to third parties or admit fault;
- obtain contact information from other parties (including witnesses); and
- complete an accident damage report (European Accident Form) and send it to hello@BKDgo.com by e-mail to BKD-EXPRES within two (2) working days.
6.2. In the event of an accident involving an electric Vehicle, the User must inform the emergency services providing assistance that the Vehicle in question is an electric Vehicle.
7. FEES, CHARGES AND PAYMENTS
7.1. BKD-EXPRES charges the User for the use of the Vehicle in accordance with the prices shown on the Application at the time of booking or using the Vehicle. A statement of the costs for the use of the Vehicle will be sent to the User at the end of the use of the Vehicle.
7.2. Unless otherwise provided for in these Terms and Conditions, the Fees cover the User rights for the use of the Vehicle, the costs of refueling and recharging, parking costs in the Designated Zone (the User must always make sure that he/she pays for any parking space located outside this Designated Zone) and the cost of the insurance required by law, without prejudice to any compensation that may be claimed by BKD-EXPRES. Notwithstanding the foregoing, BKD-EXPRES is entitled to claim indemnification for damage or loss resulting from the User's failure to comply with these General Terms and Conditions.
7.3. The Fees will be automatically debited by the third-party payment provider after the end of the Rental Period from the chosen payment method specified by the User in his/her payment details. Payments are subject to the terms and conditions of the third-party payment provider. In no event will BKD-EXPRES be liable for damages arising out of or in connection with the payment solution or services provided by the third-party payment provider.
7.3. In certain specific cases, additional costs may apply, including but not limited to:
7.3.1. Costs associated with the method of use, including:
- Fixed costs per unlocking of the Vehicle;
- Additional costs if the User pays per kilometre for the use of the Vehicle, but travels less than 1 km per 10 minutes;
- Drop-off costs for parking in parking lots for Vehicles at airports.
7.3.2. Administrative costs necessitated by actions of the User, including:
- Handling of parking violations: (in addition to the cost of the fine, to be paid by the User): First reminder of the fine: EUR 0 , second reminder of the fine administration fee of EUR 25
- Fee for violation of the terms and conditions: depending on the severity, at least EUR 400
- Handling of files relating to criminal offences (traffic offences): EUR 150;
- Handling of claims cases: EUR 30 – EUR 650
- Collection of abandoned goods and storage for a maximum of one month: EUR 50.00
- Charges for reparking wrongly parked Vehicles (including Vehicles parked in private parking spaces or a parking space not permitted by the Terms and Conditions): EUR 50 + towing fee charged by the towing company + cost of any parking ticket;
7.3.3. Costs and fees related to damage and miscellaneous damage to the Vehicle, including:
- Compensation for loss of earnings in the event of damage and repair: EUR 80/day
- Intervention costs: ascending – EUR 30 / EUR 80 / EUR 160.
- In the event of an accident in which the user is at fault, the deductible in comprehensive insurance for € 5500 and in civil liability for € 2500 will be borne by the user.
- General service charge for on-site visit (e.g. to close windows): EUR 30.00
- Light cleaning due to waste/paper in the car: €100.00
- Major cleaning due to, for example, smoking/animals in the car: € 300.00
- Misuse of fuel or parking card: €650 + consumption.
- Required extra cleaning city car: depending on severity at least €60. -
- Violation of this smoking ban will result in a fine of €175, in addition to any intervention costs by the bailiff and/or additional cleaning costs.
- Full replacement of fuel or battery: EUR 150 + towing fee charged by the towing company
- Loss or theft of the key (in certain Vehicles): EUR 50 administration fee + EUR 350 for the replacement of the key
- 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 + pick-up fee (if pick-up is necessary)
- Drying the car due to open window: € 80.00
- Removing labels, foil, etc.: up to € 250.00
- Damaged rim: €130.
- Flat tyre: €200.
- Let someone else drive on your account: € 300.00
- Driving without a valid driver's license: €300.00 + full responsibility
- Parking ticket: ticket price + administration fee (€15). Speeding fine and traffic violation: ticket price + administration fee (€15)
- Moving a car that is parked incorrectly within the zone, for example in front of 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: request information from BKD-EXPRES
- Towing of the car by a towing company (due to violation of the rental conditions by the customer): depending on the severity, at least € 400.
- Moving a car left by customers with a tank level of less than 5%: minimum €60.
- Towing a car left by customers with a low tank driving level: at least €400.
- Maintenance of the car (only in case of the customer's own fault): depending on the severity + towing.
- Any costs for the use of toll roads during the rental period are borne by the renter. The renter is responsible for paying toll charges and any administrative costs associated with this.
7.4. BKD-EXPRES reserves the right, in certain circumstances, to deduct an amount of EUR 0.01 or EUR 0.02 from the payment method chosen by the User in order to verify its validity or to deduct a provisional amount from the payment method chosen by the User once a Rental Period has started.
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 above-mentioned costs) will be automatically debited from the payment method chosen by the User as soon as they are known to BKD-EXPRES or charged to the User separately. 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 payment method chosen by the User and the User will be informed of this by e-mail. If the User does not agree with this debit, he/she must notify BKD-EXPRES in the same way within three (3) Calendar Days of the debit or from the date of receipt of this email. In the absence of dispute, the User is deemed to have accepted the debit. In the event of a dispute within this period, BKD-Express will inform the User whether or not BKD-Express wishes to adjust the debit.
7.7. Amounts due but not yet paid by the User to BKD-EXPRES must in any case be paid by the User within seven (7) Calendar Days from the moment they arose or by the date stated on the invoice issued by BKD-EXPRESS.
7.8. In the event of late payment, the User will owe a compensation clause and late payment interest.
This compensation clause and interest are immediately applicable and are due without prior notice of default, except when the User is a consumer within the meaning of the Code of Economic Law; in this case, the User will receive a first free reminder in advance by e-mail with a final instalment of fourteen (14) Calendar Days to make the outstanding payment.
If the User is a consumer within the meaning of the Code of Economic Law, the applicable statutory interest rate shall be equal to the interest rate at the reference 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 that replaces it, and the lump sum compensation due amounts to a maximum of (i) 20 euros if the outstanding amount is less than or equal to 150 euros, (ii) 30 euros plus 10% of the amount due for the part between 150.01 and 500 euros if the outstanding amount is between 150.01 and 500 euros, (iii) 65 euros plus 5% of the amount due for the part 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 Code of Economic Law, the applicable legal interest rate is the higher of the interest for consumers, or 12% per year, and the lump sum compensation due is 200 euros if the outstanding amount is less than or equal to 500 euros and 350 euros if the outstanding amount is more than 500 euros.
BKD-EXPRES also has the right, at its sole discretion, to deactivate or suspend the Account or 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 pay, to the extent permitted by law, all collection costs and similar costs associated with the collection of the debt. In all cases, the User shall be liable to pay the maximum lump sum compensation provided for by law.
7.9. This Section shall survive termination of these Terms and Conditions.
8. PAS & CREDIT PACKS
8.1. Each User may order a "pass" or "credits", the price of which will be indicated during the ordering process via the Application. Before the User completes his/her order, the selected package is displayed in an order summary for verification. The User can then identify and correct any input errors before placing the binding order by returning to the previous page or by clicking on the appropriate button on the overview page. BKD-EXPRES reserves the right to accept or refuse any order. Orders are confirmed by BKD-EXPRES by e-mail or notification.
8.2. Discounts offered by a pass will only apply to the charges stated in that pass, and passes are not cumulative (i.e. minute rates or other discounts will only be reduced in respect of a single pass, even if the User has more than one pass or credit package). Discounted per-minute rates will be rounded down to the minimum currency of the applicable currency.
8.3. Each pass may be limited in time, in the number of journeys, in kilometres or by a number of minutes included in a given fare.
8.4. A User may order a single pass or opt for a subscription that will automatically renew for consecutive periods identical to the first period if the subscription is not cancelled at least fourteen (14) Calendar Days before the end of the current period, provided that the subscription will then be terminated at the end of that period). Each subscription is concluded for an indefinite period of time, with a minimum of one month from the date on which the subscription was concluded.
8.5. In the case of an order for 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, without charge, which can be exercised by sending an unequivocal statement to this effect to the Customer Service or by using the following model withdrawal form:
MODEL WITHDRAWAL FORM (Please only complete and return this form if you wish to withdraw from the contract)
"For the attention of BKD-EXPRES BV, Provinciesteenweg 660, 2530 Boechout (Belgium), hello@BKD-EXPRES.com:
- I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the provision of the service (*) below
- Ordered on (*)
- Name of the User
- User's address
- Signature of the User (only upon notification of this form on paper)
- Date of order
(*) Delete what does not apply".
If the User wants the service (and therefore the use of the pass or subscription) to start during the withdrawal period, he/she must expressly request this, acknowledging that this will cause him/her to lose his/her right of withdrawal if the contract has been fully executed (in other words, if the pass or subscription has been used in full within 14 Calendar Days).
If a User withdraws from such an order, BKD-Express will refund the User no later than fourteen (14) Calendar Days after the date of notification of this withdrawal using the same payment method used by the User for the order in question. If the User uses part of the card ordered before withdrawing, the amount proportional to what has already been delivered must be paid by the User.
9. BUSINESS ACCOUNT
9.1.1. The Business Account is a special account type intended for business use, which allows multiple members to share payment methods and centralized billing.
9.1.2. This feature must be enabled in the Dashboard under Apps.
9.2.1. Only verified users can request the creation of a Business Account.
9.2.2. To create a Business Account, the User must provide the following company details:
- Company name
- VAT number (VAT number)
- Details of the manager or the responsible representative
9.2.3. Upon receipt of the application form, the Company will check the information provided for authenticity.
9.2.4. The Company reserves the right to refuse the service or the creation of a Business Account if there is reasonable doubt about the validity or accuracy of the data provided.
9.2.5. BKDgo also reserves the right to refuse an application for a Business Account if there is reasonable doubt about the authenticity of the business details or the identity of the applicant.
9.3.1. Switching between accounts. Users with both a personal and a business account can switch between these accounts within the BKDgo white-label app. Charges incurred while using the Business Account will be billed directly to the company.
9.3.2. Multiple Members. A Business Account can have multiple members, each assigned as a user of that account. Members can use the balance or payment methods of the Business Account. There is no limit to the number of members per Business Account. By default, a user can only be assigned to one Business Account, but this can be adjusted as needed.
9.3.3. Ownership and Management. A Business Account must have an assigned owner (the business manager or an authorized representative), identified through a User ID. The owner manages the members, payment methods, and other administrative functions.
9.3.4. The Owner (the Manager or an authorized representative) has the right to choose the invoice type for the Business Account, between:
- Pay-as-you-go billing (costs are billed directly per trip or service), or
- Monthly invoicing (costs are bundled and billed monthly).
9.3.5. BKDgo may refuse to use the monthly invoicing method if there is doubt about the customer's creditworthiness or if outstanding debts have been identified.
9.4.1. Business Accounts are created and managed via the dashboard under Users > Business Accounts.
9.4.2. Members are added directly by entering their User ID.
9.4.3. All rides or services booked by members will be charged to the balance or payment method of the Business Account.
9.4.4. Customers can use the web version of the BKDgo app to view, manage and edit all data of the Business Account, including member management, payment settings and invoice preferences.
10. LIABILITY
10.1. Liability of BKD-EXPRES
10.1.1. BKD-EXPRES is only liable (i) for fines imposed due to a defect in the Vehicle, which was not easy to detect immediately after starting the engine; and (ii) for damage or loss as a direct result of BKD-EXPRES's violation of these Terms and Conditions.
10.1.2. In no event shall BKD-EXPRES be liable for (i) delay or failure to perform any of its obligations under the Terms and Conditions in the event 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 any loss or damage arising in any way from any act or omission of the User in the use or operation of a Vehicle or in connection with these Terms and Conditions.
10.1.3. Under no circumstances shall BKD-Express be liable to the User for any indirect, consequential or incidental damages or losses, including loss of profits or business for any reason whatsoever in connection with the Terms and Conditions, the Application, the Services or the Vehicles, even if BKD-Express has been advised of the possibility of such damages or if this possibility could reasonably have been foreseen.
10.1.4. There is no exclusion or limitation of BKD-EXPRES' liability for death or personal injury caused by its negligence or willful misconduct or for fraud on its part.
10.1.5. Under no circumstances shall BKD-EXPRES's total liability exceed two thousand five hundred (2,500) EUR.
10.1.6. Any exclusion or limitation contained herein shall apply to the fullest extent permitted by applicable law.
10.2. Liability of the User
10.2.1. The User acknowledges being liable for damages, losses and costs resulting from the failure to comply with the terms of these 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;
- all expenses for related ancillary items (such as towing costs);
- all fines imposed for illegal parking or traffic violations;
- violations of the Terms and Conditions; and
- claims of third parties.
10.2.2. The User undertakes to cooperate with an investigation or assessment regarding damages, losses or costs and any accident related to his or her occurrence of these Terms and Conditions.
Once damage to the Vehicle has been reported or detected, BKD-EXPRES will arrange for the Vehicle to be repaired or cleaned and the User will send an invoice for the cost of this repair or cleaning based on the amount charged by the authorized garage that carried out the repair or cleaning.
10.2.3. Except in cases of gross negligence, willful misconduct, non-compliance with the Terms and Conditions or the use of a Vehicle by a third party during a Rental Period requested on the User's Account, in which case 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 User's liability will be limited to the amount of the deductible in the event of full insurance coverage and/or the actual amount of damages, losses or costs incurred by BKD-EXPRES in the event of partial or no insurance coverage.
If the damage, loss or costs are lower than the deductible, only the lower amount is payable by the User.
10.2.4. In the event that BKD-EXPRES is obliged to take out motor vehicle liability insurance in respect of certain damages, losses or costs, an additional deductible may be payable by the User if he is under 26 years of age.
10.2.5. This Section shall survive termination of this Agreement.
10.2.6. BKD-EXPRES is not liable for loss of personal property of the renter or passengers in the rental vehicle. The User is advised not to leave any valuables unattended in the rental vehicle and to take care of their personal belongings during the rental period.
11. INSURANCE
11.1. BKD-EXPRES undertakes at all times to take out the general civil liability insurance that is required by law for all cars and vans. The general terms and conditions of insurance and the amounts insured are set out in Baloise's general terms and conditions, available at the following link: https://www.baloise.be/nl/professioneel/wagenpark/vrachtwagenverzekering.html.
The insurance conditions Basic Liability, Basic - General provisions and Basic - Protection of persons in a compensatory manner apply.
11.2. Without prejudice to such insurance cover, BKD-Express shall at all times be entitled to claim costs from the User, and the User shall indemnify and indemnify BKD-Express or, as the case may be, the insurance company in accordance with Article 10.2.
11.3. The User has the option of purchasing comprehensive insurance (full hull insurance) as an additional service at the start of the Rental Period. This optional insurance limits or eliminates the User's liability for damage to the rented Vehicle, in accordance with the terms and exclusions of the relevant policy.
11.4. The cost, coverage and conditions of the optional comprehensive insurance are clearly stated in the Application at the time of booking. The User is responsible for selecting this option before the start of the Rental Period.
12. DISCLAIMER OF WARRANTIES
THE USER TAKES DELIVERY OF EACH VEHICLE AND ALL OPTIONAL ACCESSORIES "AS IS" AND BKD-EXPRESS DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO A VEHICLE AND OPTIONAL ACCESSORIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN PASSENGER TRANSPORT. BKD-EXPRESS DOES NOT GUARANTEE THE USE OF A SPECIFIC VEHICLE OR THAT A SPECIFIC VEHICLE WILL BE AVAILABLE FOR USE BY A USER AT A SPECIFIC TIME AND MAY, IN ITS SOLE DISCRETION, RETIRE ANY VEHICLE AT ANY TIME. THE FOREGOING SHALL HAVE NO EFFECT ON WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
13. INTELLECTUAL PROPERTY RIGHTS
The Application (in object code and source code form), underlying models and algorithms of the Application, the BKDgo brand and logo, including all rights, title and interest (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 in accordance with these Terms and Conditions Terms, except for the limited user rights expressly granted hereunder. This does not affect the fact that if the User modifies the Application or creates derivative works from it, BKD-EXPRES or, as the case may be, its licensor will own all rights, title and interest, including intellectual property rights, in and of such adaptations and derivative works, and the User assigns all such rights, titles and interests in such adaptations and derivative works to BKD-EXPRES free of charge.
The User agrees: (1) not to remove any intellectual property notices in the Application; (2) not to sell, transfer, rent, lease, provide access to or sublicense the Application to any third party; (3) not to alter or modify the Application; (4) dismantle, reverse engineer, disassemble, or attempt to discover the source code or object code of the Application; (5) 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.
14. 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 wants to provide the User with as much information and control as possible over the use of his/her 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 it collects. These documents are available on the BKD-EXPRES website: bkdgo.com
15. TERM AND TERMINATION
15.1. These General Terms and Conditions are entered into between the User and BKD-EXPRES from the moment that the Applicant has created an Account and subscribed to the Application. The Terms and Conditions shall remain in force indefinitely until terminated by either party in accordance with these Terms and Conditions.
15.2. Either party may terminate this Agreement with one (1) Business Day's notice by giving notice to BKD-EXPRES Customer Service.
For fourteen (14) Calendar Days after the conclusion of the Agreement, cancellation by the User may be considered as exercising the right of withdrawal, by making an unequivocal statement to that effect to the Customer Service or by using the model withdrawal form in Article 8 above.
15.3. BKD-EXPRES has the right at any time to immediately or temporarily deactivate or suspend an Account at its sole discretion, or to terminate the Agreement immediately after notification via BKD-EXPRESS 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 has been confiscated, revoked, suspended or restricted or the User is no longer entitled to hold or obtain a driver's license;
- the User fails to pay the fees or other amounts due under these 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 Terms and Conditions, whether due to negligence, gross negligence, willful misconduct or otherwise.
15.4. In the event of termination of the Agreement, deactivation or suspension of the Account or the User shall no longer have the right to use the Application, the Services and the Vehicle from the termination or for the duration of such deactivation or suspension, as the case may be.
16. GENERAL PROVISIONS AND JURISDICTION
16.1. This Agreement constitutes the entire agreement and understanding between the User and BKD-EXPRES and supersedes all previous agreements and understandings, both written and oral, with respect to the same subject matter, which is still in force 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 file will be made available to the User upon request to the Customer Service.
16.2. The User accepts that BKD-EXPRES has the right to inform the User of all changes to the General Terms and Conditions via a pop-up. The User's use of the Application, the Services and any Vehicle after the effective date of any change constitutes the User's acceptance of such change. The User shall at any time (in case of non-agreement) have the right to terminate the Agreement in accordance with these Terms and Conditions.
16.3. The use of automated systems or software for extracting data from the Application or the BKD-EXPRES 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.
16.4. The Application may be updated from time to time, in particular to implement technological changes, new features, changes to the security features used, as well as to maintain the compatibility of the Services provided with the General 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 that the updated version of the Application be installed on the mobile device. If BKD-EXPRES indicates that an update is available, it means that if the update is not installed, the availability of the Services or functionality may be limited, access to the User's profile may be restricted, the effectiveness of security may be compromised or other failures of the Services may occur. BKD-EXPRES will provide reasonable notice of all necessary updates. BKD-EXPRES shall not be liable for the failure of the Services to comply with the General Terms and Conditions as a result of the User's failure to install the required update within the specified time or, failing that, within a reasonable time.
The Application is considered to be digital content or a digital service and BKD-EXPRES warrants that, for the period during which it is to be provided to a User under the Terms and Conditions, it complies with the requirements set out in these Terms and Conditions and any other applicable document. In the event of non-conformity, the User is entitled to the legal guarantee and remedies available under the applicable legal framework, including articles 1701/1 and following of the old Civil Code. This legal guarantee is only valid in the event of a lack of conformity of the Application. It does not apply to defects in the conformity of other Services provided by BKD-EXPRESS, in particular 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.
16.5. If any provision of these Terms and Conditions is invalid or unenforceable or contrary to applicable law, such provision shall automatically be limited or modified to make it valid or enforceable to the fullest extent permitted by applicable law and all other provisions of these Terms and Conditions shall remain in effect.
16.6. The Application is available in French, English and Dutch. The original version of these Terms and Conditions has been drawn up in Dutch. In case of conflicts between the different languages of the General Terms and Conditions, the Dutch version will prevail. As far as the insurance aspects are concerned, the Dutch texts always prevail.
16.7. These Terms and Conditions shall be governed by and construed in accordance with Belgian law and any dispute relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Antwerp (with the exception of disputes with consumer-Users, who may submit their claims to any competent court in accordance with mandatory law). If necessary, in the event of a dispute, consumers can also contact the Online Dispute Resolution (ODR) platform set up by the European Commission, which can be accessed via the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
17. QUESTIONS
If you have any questions about the Terms and Conditions or their implementation, you can contact Customer Service by email to hello@BKDgo.com.