These General Terms and Conditions relate to the use of SnappCar's Service offered through our Platform (via web or app) and apply to persons who rent or rent out a Vehicle. The Services provided by SnappCar are aimed at both renters and owners.
Read these General Terms and Conditions carefully so that you know your rights and obligations.
In Clauses 16 to 20 you will find the additional Keyless Terms and Conditions that apply to SnappCar Keyless and that apply to all Users who rent out or rent a SnappCar Keyless Vehicle.
Please note that you purchase the Service from CarShare Germany GmbH if the Vehicle to which the transaction relates is registered and rented out in Germany. In that case, other General Terms and Conditions apply – you can find them here. In all other cases the Service is purchased from CarShare Ventures B.V. and the General Terms and Conditions below apply.
Below, CarShare Ventures B.V. and all other affiliated companies are referred to as "SnappCar", "we", "us" or "our".
Clause 1: Definitions
Advance payments: | all reasonable and proportionate costs incurred by SnappCar for the benefit of a User and/or on behalf of a User during the Rental Period, including but not limited to costs related to breakdown, accident, damage repair, towing, traffic fines and/or otherwise. |
Book Now | Vehicles that have a small lightning bolt next to them on the Platform can be booked by Renters right away. The Owner determines which Vehicles are available for this. |
Booking Period: | the period as agreed in the Rental Agreement. |
Content: | all information that SnappCar places on the Platform, including but not limited to the layout and look-and-feel of the Platform, the included logos and trademarks and certain texts. |
Damage: | all damage to, defects of and other imperfections of the Vehicle that was caused during the Rental Period. |
Excess: | the amount stipulated in the Insurance Agreement, to be paid by the Renter himself in case of Damage. |
General Terms and Conditions: | these General Terms and Conditions of SnappCar. |
Insurance Agreement: | the agreement, consisting of the insurance conditions and policy, between the Owner (as policyholder) and the Insurer as well as the agreement between the Renter (as insured) and the Insurer, for the benefit of the use of a Vehicle rented out through the Platform. More information on this can be found at https://www.snappcar.nl/verzekering. |
Insurance Fee | the premium that SnappCar charges to Users on behalf of the Insurer. |
Insurer: | the insurance company offering the Insurance Agreement. |
IP Rights: | all industrial and/or intellectual property rights, including but not limited to copyrights, software rights, database rights, trademark rights, patent rights, design rights, trade name rights, neighbouring rights and know-how. |
Kilometre Allowance: | the price for kilometres driven as agreed between the Renter and the Owner, excluding the Insurance Fee and the SnappCar Fee. |
Owner: | the User acting as the vehicle owner under a Rental Agreement. |
Penalty Policy: | SnappCar's penalty policy, included in Appendix 1 to these General Terms and Conditions. |
Platform: | the platform that is made available via SnappCar's mobile application or current and future SnappCar websites, including, but not limited to https://www.snappcar.nl/, www.snappcar.com, or any other SnappCar website and underlying pages, and that allows you to use the Service. |
Profile: | an individual profile created and managed by you, when you register as a user on the Platform. |
Rent: | the sum of the Rental Fee, the Kilometre Allowance, the Insurance Fee, the SnappCar Fee and any other surcharges. |
Rent Request: | the Renter's offer to enter into the Rental Agreement, which can be sent to the Owner via the Platform according to the process established by SnappCar. |
Rental Agreement: | the agreement concluded through the Platform between a Renter and the Owner for renting a Vehicle. |
Rental Fee: | the price for renting the Vehicle as agreed between the Renter and the Owner, excluding the Insurance Fee, the SnappCar Fee and any other surcharges. |
Rental Period: | the period between handing over the key when the Renter receives the Vehicle and returning the key to the Owner when the Renter returns the Vehicle. |
Renter: | the User acting as a renting party under a Rental Agreement. |
Roadside Assistance: | roadside assistance provided by an external party with which SnappCar has made agreements. The Renter and the Owner must always apply for and purchase Roadside Assistance in accordance with the instructions of SnappCar and/or the external party providing Roadside Assistance. |
Rules of Conduct | the additional rules established by Owner for the use of the Vehicle. |
Service: | the service that SnappCar provides to you, which consists of offering a Platform enabling Vehicles to be rented out between private individuals. |
SnappCar: | the trade name of the private limited liability company CarShare Ventures B.V., with its registered office in Utrecht at Jaarbeursplein 6, 3521 AL and registered with the Chamber of Commerce under number 55839118 and/or its affiliated businesses. |
SnappCar Fee: | The brokerage fee that SnappCar charges to Users.
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SnappCar IP: | all IP rights in respect of the Service, the Platform and the Content. |
User: | the natural person who has created a Profile on the Platform for the use of the Service. |
Vehicle: | a car, passenger van, camper van or other motor-driven passenger vehicle with at least 4 wheels, for which a general driving licence is required. |
Verified User: | the User who has been verified by SnappCar, where verification has taken place using and/or based on a combination of checks of various details provided by the User. |
Clause 2: Applicability
These General Terms and Conditions apply exclusively to the Service. SnappCar may amend or supplement these General Terms and Conditions at any time. The most recent General Terms and Conditions can be found on the Platform. If the General Terms and Conditions are amended, the new General Terms and Conditions will be brought to your attention during your next use of the Platform. If you continue to use the Platform after these General Terms and Conditions have been amended or supplemented, you thereby irrevocably accept the amended or supplemented General Terms and Conditions. If you do not agree to the amended or supplemented General Terms and Conditions, your only option is to stop using the Service and deactivate and/or delete your Profile (or have it deleted).
A Rental Agreement may be concluded between the Renter and the Owner as a result of the Service or mediation by SnappCar. SnappCar is not a party to that Rental Agreement.
These General Terms and Conditions apply between SnappCar and the User. Other documents and information available through the Platform are merely intended to be informative.
Clause 3: Registration and Profile
To use the Service, you need to register as a User and set up a Profile.
You guarantee that all the information in your Profile is true, complete, accurate and relevant. You acknowledge that the accuracy and completeness of the details provided is of great interest for the optimal functioning of the Platform and the Service. You acknowledge to be fully responsible for the accuracy and completeness of the details provided and all consequences of incorrect, incomplete or inaccurate data in your Profile. You acknowledge that all damage incurred by you, SnappCar or a third party as a result of your incorrect or incomplete information is entirely at your risk and expense, unless mandatory law provides otherwise.
You may not register as a User more than once and/or set up or create multiple Profiles at the same time on the Platform.
You are responsible for keeping your password and username combination secret. You may not disclose your username and/or password to third parties or give third parties access to your Profile in any way. You are therefore solely liable for all use of the Platform with your username and password. SnappCar operates on the assumption that you yourself are the person registering with your username and password. The moment you have reason to suspect that a username or password has fallen into the hands of unauthorised persons, you must let SnappCar know as soon as possible. Furthermore, you have an obligation to take effective measures, such as changing the password.
SnappCar reserves the right to refuse your registration as a User on the Platform if the security checks done by SnappCar cannot be successfully completed and/or requirements set by SnappCar for the Service cannot be met. These checks and requirements may include or relate to the following, among other things:
Verification of identity ("Are you who you say you are?");
Verification of driving licence ("Are you able to and allowed to drive?");
Payment & creditworthiness ("Can and will you meet your payment obligations?");
Risk assessment ("How high is the risk of fraud, abuse, damage or other problems?");
SnappCar history ("Were you always a good SnappCar User? Has there been no previous blocking, deletion, default, collection or inappropriate behaviour on the Platform?");
SnappCar is free to block and/or delete a Profile, including, but not limited to, when a User does not or no longer meets the checks or requirements as stated in Clause 3.6, when SnappCar receives complaints about the User from other Users, in case of non-payment or improper use of the Platform, or in case of non-compliance with the Rental Agreement or General Terms and Conditions and/or if SnappCar may assume that the safety of the Platform is at stake. SnappCar is not obliged to communicate the exact grounds for blocking and/or deletion.
Clause 4: User Requirements
4.1 Registration as a User, use of the Service and conclusion of a Rental Agreement are subject to the following conditions:
If you wish to rent a Vehicle, you must be at least 21 years old and hold a valid driving licence (for the category of Vehicle you wish to rent) for at least 12 months;
You have a valid identity document (passport or identity card) and a valid driving licence and you have uploaded these documents in your Profile in accordance with the requirements set for them, if and to the extent requested;
You have not been involved in more than 2 insurance claims with regard to Vehicles for which you are held directly or indirectly liable in the 2 years preceding the conclusion of a Rental Agreement and/or registration as a User;
In the 8 years prior to entering into a Rental Agreement as a Renter, you have not:
- been excluded or refused by any insurer due to causes such as attributable failure to perform, payment arrears, fraud, unlawful or inappropriate behaviour, or otherwise, nor have any other additional requirements been set for insurance taken out by you or in your name for these reasons, which requirements include but are not limited to higher premiums, higher excess and/or limitation of cover;
- been convicted of driving under the influence (alcohol and/or drugs), reckless driving, driving without insurance and/or insurance fraud;
As a Renter, you do not use any medication, and do not have any disability, handicap and/or illness that could adversely affect your driving;
You have completed your Profile entirely truthfully and have uploaded a representative recent photo of yourself as a profile picture in your Profile in accordance with the requirements set;
You have consented and agreed (to the extent necessary) to these General Terms and Conditions, the Privacy Policy & the Cookie Policy.
4.2 By registering as a User, by using the Service and/or by entering into a Rental Agreement, you guarantee that you meet (and will continue to meet) all of the above requirements. If you do not or no longer meet one or more of these conditions, you may not (or no longer) use the Service as a User and SnappCar will be entitled to exclude you from use of the Service and to delete your Profile.
4.3 You yourself are fully liable for all damage and costs incurred by yourself, SnappCar and/or third parties as a result of you not (or no longer) meeting the above requirements.
4.4 SnappCar and the Insurer are entitled to check the identity, creditworthiness, criminal history and insurance and claims history of the User through third-party databases.
4.5 SnappCar reserves the right to attach additional requirements and/or conditions to the use of the Service and/or your registration as a User, for example but not exclusively for the purpose of checking your identity (data), the condition of the Vehicle and/or other transaction data.
Clause 5: Owner & Vehicle Requirements
5.1 Registration as an Owner is subject to the following conditions in addition to those set out in Clauses 3 and 4:
All Vehicles offered for renting out must be registered in your Profile;
b) You guarantee that all Vehicles offered by you meet the following requirements:
All safety requirements and registrations applicable in the country where the Vehicle is rented out;
The Vehicle is free of defects unless expressly agreed otherwise in the Rental Agreement with the Renter;
The Vehicle is insured at least for third-party liability;
All taxes, including road tax, in respect of the Vehicle have been paid (on time);
The Vehicle has a valid registration number that is registered in the country where the Vehicle is rented out;
The Vehicle is wholly your property (or you must provide prior written authorisation showing that the rightful owner has authorised you to rent out the Vehicle through the Platform).
In the case of a lease car, as an Owner, you are responsible for any necessary permission from the Leasing Company, which, if requested, you must also be able to demonstrate/submit;
If a Vehicle offered by you is in the name of a legal entity, you, as an Owner, are responsible for any necessary permission from that legal entity, which you must also be able to demonstrate/submit if requested;
The Vehicle has had all regular maintenance as advised by the manufacturer of the Vehicle;
The Vehicle can be used normally and contains an adequate amount of the necessary fluids, including but not limited to engine oil, brake oil, coolant, etc., unless expressly agreed otherwise in the Rental Agreement with the Renter.
5.2 The Owner must ensure at all times that its Profile and the photographs of its Vehicle are up to date. A clear and complete set of photographs of the Vehicle must be available to capture and record the condition of the Vehicle (and existing damage and/or scratches and dents). The Owner is obliged to regularly update the set of photographs so that the photographs fully reflect the current condition of the Vehicle. SnappCar advises to mask the registration number of the Vehicle in the photos or otherwise render it invisible.
5.3 If at any time a Vehicle no longer fully meets the above requirements, you will be required to remove the Vehicle from your Profile and terminate all outstanding reservations or Rental Agreements and/or reject Rent Requests.
5.4 SnappCar is at all times entitled to remove the Vehicle from the Platform and terminate all outstanding reservations or Rental Agreements and/or reject Rent Requests if it has a suspicion and/or there are indications that a Vehicle no longer meets one or more requirements as stated in Clause 5.1(b). This is the case when, for example, more than average breakdown reports relate to a Vehicle and when SnappCar receives a notification from a leasing company that the permission as referred to in Clause 5.1(b)(vii) has been revoked.
5.5 It is not permitted to offer the same Vehicle through multiple or different Profiles.
5.6 It is not permitted to offer a Vehicle via the Platform to and/or enter into a Rental Agreement with a Renter who is a family member of the Owner (including, but not limited to, parents, siblings, children), or who is temporarily or permanently part of the same household and/or resides at the same address.
5.7 For the purposes of the Service, SnappCar and the Insurer are entitled to check the specifications (e.g. value and age), insurance history, criminal history and damage history of Vehicles through third-party databases.
5.8 SnappCar is entitled, without giving reasons, to refuse and/or remove the registration of a Vehicle.
5.9 To the extent that SnappCar offers you functionalities to make (better) decisions regarding current or potential Renters, Rent Requests, Rent or otherwise, you accept that this is for support purposes only. You accept that you are and will remain fully responsible for offering a Vehicle, determining the Rental Fee and Kilometre Allowance, accepting or rejecting Rent Requests, using the Service and entering into a Rental Agreement.
5.10 You are also fully liable for all damage and costs resulting from the fact that you and/or your Vehicle do not or no longer fully comply with the above requirements. This means, among other things, that should the Rental Agreement be terminated early due to wear and tear and/or poor maintenance of the Vehicle, the Owner must refund to the Renter the Rental Fee paid pro rata and must reimburse any additional costs related thereto (such as costs for repairs or Roadside Assistance called in).
Clause 6: The Platform
6.1 You accept that SnappCar only provides a Platform on which you can interact with other Users for the purpose of concluding a Rental Agreement. SnappCar only facilitates the Platform, but has no knowledge of and/or involvement with the information (including also the Profile Information) exchanged by you or other Users using the Platform and the Vehicles made available through the Platform. SnappCar is therefore not a party to the Rental Agreement and cannot accept any liability for it.
6.2 SnappCar offers the Platform 'as is'. You accept that the Service contains only the functionalities and other features as found on the Platform at the time of use. SnappCar reserves the right to offer or not offer certain functionalities, services and features of the Service to all or part of its Users based on objective criteria. SnappCar expressly excludes explicitly stated and implied guarantees, undertakings and indemnifications of any kind, including but not limited to, guarantees, undertakings and indemnifications in respect of the quality, completeness, safety, legality and correctness of the use of the Service, the Platform and the information offered thereon, unless otherwise provided in these General Terms and Conditions.
6.3 SnappCar may send service-related notifications via the Platform (the mobile application) about the use of the Service, including (but not limited to) confirmations, security notifications and reminders required to complete a booking or transaction. These messages are part of the Service. SnappCar may send marketing notifications (such as offers and promotions) if and to the extent that you have given your prior consent in the app settings. You can withdraw your consent at any time via the app settings. Withdrawing consent does not affect the legality of messages already sent.
6.4 Via the Platform, SnappCar provides Users with a helpdesk for questions. Automated systems (AI) may be used in this regard to answer questions faster. If applicable, the interface will indicate that you are communicating with an automated system and will always be possible to contact a staff member. The answers generated by AI are intended for information purposes only. In case of a conflict, the General Terms and Conditions, the Rental Agreement and other SnappCar policies prevail.
6.5 You accept that SnappCar is always entitled to change, modify and/or close the Platform or the Service without becoming liable to pay compensation to you. If you do not agree with the changes and/or modifications made, the only remedy will be to stop using the Service and the Platform and have your Profile deleted.
6.6 SnappCar does not guarantee that the Service will be accessible at all times and without interruptions or failures. Defects in the Service may also, but not exclusively, occur as a result of failures in the Internet or telephony connection or at service providers or due to viruses or other errors/defects. You accept that SnappCar is not liable towards you for any damage arising from or due to the temporary unavailability or interim breakdown of the Service, except if SnappCar has a legal obligation to pay compensation.
6.7 You accept that SnappCar has the right, without prior notice and without thereby becoming liable towards you, to temporarily take the Service out of use and/or to restrict its use if SnappCar believes that this is necessary, for example as part of the reasonably necessary maintenance of the Platform.
6.8 You accept that you yourself are fully liable towards SnappCar (and/or any third parties) for all information that you make available or otherwise exchange through your Profile in the context of a Rent Request, Rental Agreement and/or Insurance Agreement.
6.9 You accept that SnappCar does not and cannot give any guarantees whatsoever with regard to Vehicles offered through the Platform and that it has not checked the information made available on the Platform, through Profiles or otherwise, and does not accept any liability for this. You further accept that you cannot hold SnappCar liable in any way, unless explicitly provided otherwise in these General Terms and Conditions.
6.10 SnappCar will at all times be entitled to remove reviews about Renters or Owners posted on the Platform, if the relevant reviews are unsubstantiated, incorrect, or in violation of standards and values.
6.11 Users are not permitted to enter into leases with each other outside the Platform.
Clause 7: Conclusion of the Rental Agreement
7.1 The Rental Fee is determined by the Owner within the minimum and maximum amounts set by SnappCar and any additional changes based on automated decision-making algorithms.
7.2 SnappCar is entitled to charge additional surcharges, such as the SnappCar Fee and the Insurance Fee, as well as surcharges based on an established risk profile, for example in connection with User's age, year of manufacture or value of a Vehicle, a surcharge on behalf of the Insurer (e.g. a surcharge for cover abroad if applicable) or a surcharge based on choices made by the User (e.g. in connection with roadside assistance).
7.3 The Kilometre Allowance is also determined by the Owner. What are referred to as "free kilometres" (number of kilometres for which no charge applies) are determined by the Owner, possibly within SnappCar's instructions. The Renter is not allowed to set off the Kilometre Allowance and/or charge other costs to the Renter or set them off against each other.
7.4 The maximum Rental Period is 90 days. The Renter may rent out the Vehicle for a longer period, but must enter into a new Rental Agreement with the Owner to do so.
7.5 When submitting a Rent Request, the Renter must select Roadside Assistance either domestically or – if the Owner allows the Vehicle to be taken abroad – domestically and abroad.
7.6 Renters are allowed to submit multiple Rent Requests, up to the number indicated in the Platform.
7.7 The relevant Owner will receive notice of the Rent Request. If an Owner wishes to accept the Rent Request, it must indicate this via the Platform. With Book Now, the Rent Request is automatically accepted if the Vehicle is available.
7.8 The Rental Agreement comes into effect when the Owner accepts the Renter's Rent Request via the Platform. SnappCar is not a party to the Rental Agreement. SnappCar only acts as an agent by offering the Platform and facilitating payment.
7.9 Renters are not allowed to lease more than one (1) Vehicle via the Platform in the same or overlapping period. After a Rental Agreement is concluded and the Rental Fee is paid, other outstanding Rent Requests for the same and/or overlapping period will be cancelled automatically.
Clause 8: Obligations under the Rental Agreement
8.1 During the Rental Period, the Renter is responsible for the Vehicle and for all costs related to the status, location and safety of the Vehicle.
8.2 The Renter guarantees that they will use the Vehicle as a "good Renter" and in accordance with the Rules of Conduct as made available on the Platform. If the Owner has specified in its Rules of Conduct that smoking or bringing pets is not allowed, the Renter must comply with them. The Renter must return the Vehicle clean and tidy and must leave no personal belongings or waste behind. Violation of the Rules of Conduct may result in the resulting (cleaning) costs being charged on to the Renter.
8.3 The Renter is not allowed to have the Vehicle collected, driven and/or returned by a person other than the Renter, unless (1) the 2nd driver is registered as a Verified User with SnappCar, (ii) the 2nd driver is registered in advance as an additional driver with SnappCar. SnappCar sends an automatic confirmation of the registration of an additional driver to the Owner.
8.4 Before the Owner gives possession of the Vehicle to the Renter as a result of the Rental Agreement, the Owner and the Renter must complete all details correctly and completely via the Platform and confirm it via the Platform (check-in). The Renter and the Owner are fully responsible for completing the details correctly and in full, as well as for checking in (and out) correctly via the Platform. The Renter can check in the Vehicle via the Platform from 30 minutes before the start of the Booking Period. Upon manual key handover, the Renter and the Owner must both check in via the Platform before the Vehicle is handed over.
8.5 The Owner must prevent the Renter from taking possession of the Vehicle if the Owner believes on reasonable grounds that the Renter:
Does not meet the conditions for a Renter as set out in Clause 4;
For whatever reason is unfit to drive the Vehicle;
Is unable to identify himself, for example by not showing a valid driving licence or passport/ID;
Cannot show confirmation of the Rental Agreement with the correct booking number;
Refuses to enter correct and complete details in the SnappCar application and/or refuses to check in.
In the above cases, the Owner may terminate the Rental Agreement without any costs or penalties.
8.6 The Renter must not take possession of the Vehicle if the Renter believes on reasonable grounds that the Owner:
a) And/or the Vehicle do not meet the conditions set out in Clauses 4 and 5;
b) Does not correctly and completely record any damage to the Vehicle through the Platform:
c) Refuses to complete other details correctly and completely in the Platform and/or refuses to check in;
In the above cases, the Renter may terminate the Rental Agreement without any costs or penalties and the Renter will receive a refund of the Rent Fee paid from the Owner.
8.7 The Renter is responsible for returning the Vehicle:
On the date, time and location as agreed in the Rental Agreement. If the return location is not agreed (exactly) in the Rental Agreement, the Renter must return the Vehicle to an authorised parking space which has been approved by the Owner. If the Renter fails to return the Vehicle and check out by the agreed end time at the latest, SnappCar will be entitled to charge costs to the Renter in accordance with the Penalty Policy, without prejudice to the Owner's right to compensation for any additional damage;
Without any personal belongings of the Renter remaining in the Vehicle;
Including all keys and papers and/or other documentation and (spare) materials and tools, including but not limited to the spare wheel, jack and other materials present in the Vehicle at the time the Vehicle is made available to the Renter;
With the same fuel level as at the start of the Rental Period, unless otherwise agreed (and recorded in a manner specified by SnappCar). If this is not done and the Parties do not reach consensus among themselves, SnappCar will be entitled to collect the costs from the Renter on behalf of the Owner in accordance with the Penalty Policy;
In the same condition it was in when taking delivery of the Vehicle;
8.8 The Renter is fully liable for all damage incurred by the Owner, SnappCar and/or third parties due to the Renter's failure to (fully) comply with its obligations. The Renter accepts the responsibility as described above, as well as the obligation to cooperate fully in dealing with any damage and, in addition, the Renter accepts the penalties (set out in the Penalty Policy) that SnappCar may impose and recover in addition to the damage actually suffered by the Owner or SnappCar.
8.9 The Renter and the Owner are required to indicate via the Platform after the end of the Rental Period whether the Vehicle has been damaged in any way, as well as the Vehicle's mileage and the level of the Vehicle's fuel gauge. The Renter and the Owner are both required to check out through the Platform. If either party refuses to check out, both parties will be obliged to immediately inform SnappCar by e-mail, with an explanation including relevant proof (e.g. photos).
8.10 In accordance with Clause 5.2 of these Terms and Conditions, the Owner must ensure that its Profile and photographs of its Vehicle are up to date. In addition, the Owner must inspect the Vehicle itself after each transaction and determine whether the condition of the Vehicle is still correct and current. If there are any changes (e.g. damage), the Owner must add new up-to-date photos to the Profile.
8.11 The conditions of the Insurer apply in respect of the period within which damage
that was incurred during the Rental Period must be reported, as well as whether photographs must be submitted. The Insurer also determines whether the damage is covered. In case of violations or possible violations, damage or other problems during the Rental Period, the Renter must take the following steps:
first contact the other party involved in the damage;
record the problem (photos/video, chat messages);
inform SnappCar Support via the Platform if necessary.
8.12 The Renter and the Owner are themselves responsible for correctly and fully following, completing and checking the SnappCar application, which also includes checking in and out correctly and on time.
8.13 In the event of any inaccuracies in the information displayed on the Platform, the User must report to SnappCar Support as soon as possible, but no later than 48 hours after the end of the Rental Period.
8.14 SnappCar is not a party to the Rental Agreement and/or Insurance Agreement. The Renter and the Owner must therefore resolve any conflict among themselves.
Clause 9: Term and termination of the Rental Agreement
9.1 The Rental Agreement is entered into for the Rental Period and ends by operation of law upon the end of the Rental Period and after payment has been made in full. The Renter and the Owner can terminate the Rental Agreement early only in accordance with the Penalty Policy.
9.2 Returning the Vehicle at an earlier time than agreed in the Rental Agreement will not result in termination of the Rental Agreement and/or full or partial refund of the Rental Agreement.
9.3 Full payment of the Rental Fee, as well as the SnappCar Fee, Insurance Fee and any other surcharges must be received by SnappCar before the start of the intended Rental Period.
9.4 Until the end of the intended Booking Period, the parties may renew the Rental Agreement. When using Direct Booking, the Renter can automatically renew if the Vehicle is available. With regard to a renewal of the Booking Period, the same procedure must be followed as for the conclusion of the initial Rental Agreement. In the absence of acceptance of the renewal request by the Owner, the original Booking Period will apply as set out in the Rental Agreement and the Renter must return the Vehicle in a timely manner and within the original Booking Period. Any accepted renewal of the Rental Agreement will also be mutatis mutandis subject to these General Terms and Conditions.
Clause 10: Damage, insurance and penalties
10.1 The Insurance Agreement is concluded simultaneously with the Rental Agreement. The Insurance Agreement depends on the Rental Agreement and the Rental Period. The Insurer determines the terms of the Insurance Agreement. If the prescribed procedure is not followed for the conclusion of the Rental Agreement or a renewal thereof, the Vehicle will not be insured.
10.2 If the Renter continues to use the Vehicle after the expiry of the Booking Period without the parties having renewed the Rental Agreement (see Clause 9.4), the Rental Agreement and the Insurance Agreement will no longer be in force and the Vehicle will no longer be insured.
10.3 The Renter is fully liable for Damage. Damage must be reported to the Insurer within a certain period after the end of the Rental Period. The term is determined by the Insurer and is stated in the Insurance Agreement.
10.4 If Damage is covered by the Insurance Agreement, the Renter will only be required to pay the Excess.
10.5 In the event of Damage, the Renter must remain in the vicinity of the Vehicle until Roadside Assistance arrives or until it is explicitly coordinated with the Owner that the Vehicle can be left behind.
10.6 The amount of the Excess may vary, depending on factors such as, for example, age and value of the car. As an additional service, SnappCar can offer the Renter the option to buy off or reduce the Excess for a fixed amount per rent day.
10.7 If the Renter has not bought out the Excess and damage occurs, SnappCar will be entitled to collect an advance payment on the Excess from the Renter.
10.8 The Insurer determines the terms of the insurance and whether there is cover under the Insurance Agreement. SnappCar is not a party to the Insurance Agreement. If Damage is not covered by the Insurance Agreement and/or a conflict arises about it, the Users must reach a settlement of the Damage among themselves (and/or with the Insurer).
10.9 The Insurer is entitled to make it a condition of cover that the Renter and/or Owner submit a fully completed and signed European Claims Form. If the Renter or Owner fails to cooperate in this regard or does not cooperate adequately, that party will be liable for any resulting damage. This therefore includes, but is not limited to, damage caused and not covered by the Insurance Company due to Users' lack of or insufficient cooperation.
10.10 If it appears that an Owner is attempting to pass on to a Renter any damage to the Vehicle that was already present, the actual costs of the necessary expertise, claims handling and additional administrative actions, such as inclusion in the reporting and monitoring systems used by the Insurer and reporting to the police for insurance fraud, will be recovered from the Owner, plus an administrative penalty as set out in the Penalty Policy. This amount will be a minimum of EUR 1,000 per event. Additionally, the Owner will be excluded from the SnappCar Platform. It may also have consequences and could lead to exclusion from the Insurer.
10.11 The Owner is responsible for any required notification to its current insurer of the fact that the Vehicle will be rented out. The Owner is responsible for complying with the terms of its current insurer and must therefore, for example, conduct its own assessment as to whether the annual mileage of its existing insurance must be changed and will communicate this to its current insurer.
10.12 SnappCar adopts the Penalty Policy and is entitled to impose penalties on Users in accordance with the Penalty Policy.
Clause 11: Payment
11.1 The Renter will pay the Rent as agreed in the Rental Agreement. Full payment of the Rental Fee as well as the SnappCar Fee, Insurance Fee and any other surcharges must have taken place before the start of the Rental Period. Full payment of the Kilometre Allowance as well as the SnappCar Fee and Insurance Fee in respect of the Kilometre Allowance must be made in accordance with Clause 11.8, after the Renter and the Owner have confirmed the mileage.
11.2 Information about payment methods can be found on the Platform. All payments in the context of the Service are handled in cooperation with a third party (Stripe, see Clause 11.3). All payments are first made to this third party, after which that third party distributes the payments to the relevant Owners after the end of the relevant Rental Agreement, and to SnappCar and third parties such as the Insurance Company.
11.3 The payment processing services for Users on the SnappCar platform are provided by Stripe, and are subject to the Stripe Connected Account Agreement, which also incorporates the Stripe Terms of Service (collectively referred to as: "the Stripe Services Agreement"). By agreeing to these General Terms and Conditions or continuing to use the SnappCar platform as a User, you agree to be bound by the Stripe Services Agreement, as it may be amended by Stripe from time to time. To allow payment processing services to be provided through Stripe, you agree to provide SnappCar with accurate and complete information about yourself and your business, and authorise SnappCar to share this information with Stripe, as well as transaction information relating to your use of payment processing services provided by Stripe.
11.4 If you do not accept the Stripe Services Agreement (and/or do not comply with the conditions imposed by Stripe), SnappCar cannot make any payments. SnappCar is not obliged to make the payment in any other way.
11.5 If the Renter fails to pay the Rental Fee and/or additional costs as mentioned in Clause 11.9 to SnappCar on time, SnappCar may assign its claim against the Renter to a third party. This third party uses Mollie Payments to process transactions. In this context, personal data of the Renter may be shared with Mollie Payments.
11.6 As regards the determination of the amount of any payment to the Renter or the Owner, SnappCar's data will be deemed to be correct.
11.7 SnappCar accepts no liability whatsoever in respect of errors made when entering into Rental Agreements, including but not limited to errors in respect of Profiles, Rental Periods, Rental Fees, Vehicles and Mileage readings or fees.
11.8 At the end of the Rental Period, after the number of additional kilometres driven has been confirmed by the Renter and the Owner, the Kilometre Allowance will be collected directly from the Renter. The Kilometre Allowance is then paid out to the Owner after collection together with the Rental Fee, after deduction of the fee charged by SnappCar for this purpose.
11.9 The Renter accepts that SnappCar may charge additional fees and may collect them after the end of the Rental Period, in addition to the Rental Fee, including but not limited to:
Any penalties under the Penalty Policy;
Fuel costs (if the Vehicle is returned with a lower fuel level than agreed);
Cleaning costs (if the vehicle becomes dirty during the Rental Period);
Charges for unapproved renewals of the Rental Period and additional kilometres driven;
Costs for Roadside Assistance (not covered by the selected Roadside Assistance service);
The Excess that may be applicable based on the Insurance Agreement, which is collected on behalf of the Insurer;
Any fines and procedural costs relating to parking, traffic and/or other violations, including, but not limited to, the cost of any towing or wheel clamping caused during the Rental Period and/or by the Renter;
Any loss or damage resulting from the User's failure to comply with these General Terms and Conditions, to the extent permitted by law;
Loss or damage resulting from the User's failure to comply with the Rental Agreement to the extent permitted by law;
VAT or other taxes levied on amounts mentioned in this clause or the Rental Fee;
Any Advances paid by SnappCar to third parties, including, for example, to other Users;
Any costs arising from the reversal of direct debits to the bank account known to SnappCar and specified by the User.
11.10 The Owner accepts that if and insofar as the additional costs referred to in Clause 11.9 of these General Terms and Conditions cannot be collected from the Renter by SnappCar, SnappCar will not be obliged to pay these additional costs to the Owner, regardless of the reason, also in the event that the costs are not covered by the Insurance Agreement.
11.11 The Owners are themselves responsible for complying with any local tax and other regulations (including any obligation to remit tax, such as income and turnover tax) that may apply to the rental of your Vehicle. SnappCar does not pay VAT on the rental fee (received by Owners), nor on the insurance premium paid by Users to the Insurer. SnappCar only remits VAT on the SnappCar Fee paid to it (not being the Rental Fee).
11.12 The User authorises SnappCar to debit the following payments from the bank account number known to SnappCar and or used by the User or via the other payment method registered by the User with SnappCar (such as a Credit Card):
A penalty under SnappCar's Penalty Policy;
A payment due in respect of the Service, including the Kilometre Allowance, the SnappCar Fee, Insurance Fee and any other Surcharges;
A payment due in respect of the Excess;
A payment due in respect of loss or damage resulting from the User's failure to comply with these General Terms and Conditions;
Any Advances paid by SnappCar;
An advance payment as referred to in Clause 10.7 of these General Terms and Conditions.
11.13 SnappCar is entitled to require a deposit. The Renter, when registering on the Platform, gives permission to provide a deposit to the extent necessary. SnappCar may use the deposit to collect outstanding claims (e.g. in respect of the Rent) or additional costs (as described in Clause 11.9), if the Renter does not pay them of his own accord. The Renter pays the deposit during or prior to the first booking, after which the deposit will remain for all subsequent bookings. The Renter can reclaim this deposit via the Profile after the period indicated during payment and on the Profile. SnappCar will process the request and refund the amount as soon as possible and in any case within 10 business days. The expected repayment period is also stated in the Profile.
11.14 SnappCar is at all times entitled to set off amounts due and/or to suspend its Service.
Clause 12: IP Rights
12.1 All SnappCar IP is held exclusively by CarShare Ventures B.V. and/or its licensors.
12.2 CarShare Ventures B.V. hereby grants the Users a limited, personal, revocable, non-exclusive, non-sub-licensable, non-transferable right to use from the SnappCar IP as set out in these General Terms and Conditions.
12.3 It is not permitted to modify any notices or statements relating to the SnappCar IP in any form, including, but not limited to, removing, making illegible, hiding or altering.
12.4 Any direct or indirect infringement of the SnappCar IP is prohibited. You guarantee not to perform any acts that may be directly or indirectly infringing or harmful in relation to the SnappCar IP, including, for example, through domain names, brands or advertisements (e.g. through Google AdWords).
12.5 To the extent that any IP rights are vested in any information you have included in your Profile, you hereby grant SnappCar a worldwide, free, unencumbered, sub-licensable, non-exclusive licence to use and disclose such information.
Clause 13: Liability
13.1 SnappCar is exclusively liable for direct damage or loss (as described below) that you incur as a result of an attributable failure on the part of SnappCar and/or an unlawful act, up to an amount not exceeding EUR 1,000. SnappCar's total liability per event, and in case of successive events, per calendar year, will never exceed EUR 1,000.
13.2 Direct damage or loss is exclusively understood to mean:
damage to property;
reasonable costs incurred to prevent or limit direct damage or loss that could be expected as a result of the event on which the liability is based;
reasonable costs incurred to determine the cause of damage or loss, liability, direct damage or loss and method of remedying such.
13.3 Any liability of SnappCar other than for direct damage or loss, including consequential loss, is excluded. Consequential loss in this context will in any case be understood to mean: lost income, loss of profit, missed savings, reduced goodwill, loss due to business interruption, losses, costs incurred to prevent or determine consequential loss, loss of property, mix-up or damage to electronic data and/or loss due to delay.
13.4 In any case, SnappCar is never liable for loss resulting from:
Information that SnappCar receives from third parties or information located on third-party websites that SnappCar refers to;
Information posted by Users on the Platform or in Profiles;
Damage to or loss of property, including a Vehicle;
Death or injury, unless resulting from malicious intent or gross negligence of SnappCar;
Traffic or parking violations related to a Vehicle;
Fuel costs related to a Vehicle;
Failure of another User to comply with these General Terms and Conditions;
Terminating a Rental Agreement, discontinuing the Service, deleting a Profile and/or closing the Platform.
The Insurer’s assessment of whether Damage is eligible for compensation – and the amount of any associated distribution/compensation.
13.5 SnappCar's limitation of liability included in this clause is not intended to exclude SnappCar's liability for intent and/or deliberate recklessness of SnappCar itself and/or its management ("own actions"). In addition, this clause does not release SnappCar from any legal obligation to pay damages.
13.6 You indemnify SnappCar against all loss and costs, including but not limited to loss resulting from (alleged) infringement of SnappCar's IP rights, third-party claims, collection costs, statutory arm’s-length interest, loss of profit, fines owed and costs of legal assistance, suffered or incurred by SnappCar and arising out of (i) an attributable failure in the performance of the General Terms and Conditions on your part, (ii) your use of the Service or (iii) an unlawful act, including, but not limited to, violation of or default under the Rental Agreement.
Clause 14: Termination of the Profile
14.1 You have the right to stop using the Service and terminate/delete your Profile at any time. Upon termination of your Profile, all pending Rent Requests and future Rent Requests (for which the Rental Period has not yet started) will automatically be cancelled, as performance via the Platform is no longer possible. If the Rental Period has already commenced, the Rental Agreement will remain in force until the end of the agreed Rental Period.
14.2 You accept that SnappCar has the right to block your use of the Service, to disconnect you and/or to delete your Profile, without being liable towards you, if SnappCar sees cause to do so, including, but not limited to, if you violate any provision of these General Terms and Conditions.
14.3 If, after termination of your Profile, you are yet to receive a payment and/or have a balance at the time of termination, SnappCar will ensure that these amounts are paid to you.
14.4 All amounts owed by you to SnappCar become immediately due and payable at the time of termination of your Profile.
Clause 15: Miscellaneous
15.1 These General Terms and Conditions and all disputes arising therefrom and/or related thereto will be governed by the law of the country where the vehicle is registered and rented out.
15.2 All disputes arising from and/or relating to these General Terms and Conditions will be submitted to the competent court in Utrecht, the Netherlands, unless mandatory law designates another competent court.
15.3 If you have a complaint, we request that you first make the complaint apparent to SnappCar via this web form. If , in your opinion, your complaint is not dealt with adequately, as a Consumer, you have the option of reporting your complaint via the platform of the European Union.
15.4 If any provision of these General Terms and Conditions proves to be invalid or voidable or becomes or is for any other reason fully or partly invalid, the other provisions of the General Terms and Conditions will remain in full force and effect. SnappCar will replace the invalid provision with a provision that is valid and whose legal effect, given the content and scope of these General Terms and Conditions, corresponds as far as possible to that of the invalid provision.
15.5 SnappCar may assign all claims, authorities, rights and obligations and actions related to the General Terms and Conditions to third parties, or pledge them, and will give you prior notice thereof. You declare in advance that you will cooperate with such transfer or pledge and that, in the event of such transfer, that third party will be able to exercise all rights towards you.
SNAPPCAR KEYLESS TERMS AND CONDITIONS
The Keyless Terms and Conditions form part of the SnappCar General Terms and Conditions and apply only to SnappCar Keyless and all Users who rent or rent out a SnappCar Keyless Vehicle.
Clause 16: Additional definitions
Keyless Box: | technology that allows the Vehicle to be locked and opened via the SnappCar Keyless App or SnappCar Platform, and that records the Vehicle's location. |
Keyless Owner Agreement: | agreement between SnappCar and the Owner for the purpose of using SnappCar Keyless. |
SnappCar Keyless: | service provided by SnappCar whereby the Owner and the Renter enter into a rental transaction without the Owner being present in person. |
Clause 17: Keyless Owner Agreement
In order to rent out a Vehicle through SnappCar Keyless, a Keyless Box must be installed in the Vehicle and the Owner must enter into a Keyless Owner Agreement with SnappCar, to which these General Terms and Conditions also apply.
Clause 18: Check-in and check-out, damage
18.1 The Users who rent or rent out through SnappCar Keyless agree that the Vehicle can be remotely unlocked by means of the Keyless Box (without the intervention of the User).
18.2 The moment that the Users confirm the key handover at the start of the Rental Period via the Platform is equated to the moment that the Renter unlocks the Vehicle using SnappCar Keyless and gains access to it.
18.3 The moment that the Users confirm the key handover at the end of the Rental Period via the Platform is equated to the moment that the Renter locks the Vehicle using SnappCar Keyless.
18.4 The Users agree that the Renter and the Owner will not jointly inspect the Vehicle prior to and after the Rental Period. For that reason, the Renter must check the Vehicle extra carefully in advance and it is highly recommended to take photos of existing damage and add these photos via the Platform.
18.5 At the end of the Rental Period, any Damage must be reported in accordance with the procedures set out in the General Terms and Conditions. The Renter must take photos of the Vehicle at check-out (regardless of whether Damage has occurred or not). These photos can be added via the Platform. The Renter must be able to provide the photos to SnappCar on request.
18.6 The Users agree that no physical identity verification of the Renter is possible (as stated in Clause 8.5(c)).
18.7 Contrary to Clause 8.9, the Owner cannot make any changes to the check-out procedure and the details are automatically approved. In case of any inaccuracies in the information displayed on the Platform, the Owner can report to SnappCar support. This must be done as soon as possible, but in any case within 48 hours of the end of the Rental Period.
Clause 19: Technology
With reference to Clause 6.4, SnappCar cannot guarantee that SnappCar Keyless and/or the Keyless Box will always function, without failures and/or errors. You accept that SnappCar is not liable towards you for any damage resulting or arising from the temporary unavailability, temporary malfunctions or failures of the of the Keyless Box.
Clause 20: Privacy and User Data
20.1 To make renting out possible via SnappCar Keyless, SnappCar collects the location data of the Vehicle. This information is requested and processed by SnappCar so that the Owner can offer the Vehicle for renting out through SnappCar Keyless and the Renter can see the location of the Vehicle.
20.2 SnappCar may store, view and analyse log file information such as events, engine/car diagnostics, status, location and speed for the purposes of fraud detection and prevention. In the Privacy Policy, Users are informed about the use and processing of data collected within SnappCar Keyless.
Appendix 1: Penalty Policy
This document forms an integral part of the General Terms and Conditions of SnappCar and applies to all Users who rent or rent out a Vehicle through SnappCar. By making or accepting a booking, or by otherwise using the Platform, the User agrees to the provisions below.
Clause 1 - Purpose and nature of penalties
1.1 Function of penalties and costs
The penalties and costs included in this document are intended to cover part of the costs incurred by SnappCar when a User fails to comply with applicable rules or obligations. These costs may include administrative costs, claims handling, processing of traffic fines and other operational costs.
1.2 No income for owners
Penalties are imposed and collected exclusively by SnappCar. Unless expressly stated otherwise, penalties do not accrue to the Owner. SnappCar may choose to pass on all or part of a penalty to an Owner as a courtesy, without any right or claim arising therefrom.
1.3 Waiver without precedent
SnappCar may at its own discretion decide to waive a penalty in part or in full. This applies only to the individual case and does not create a precedent for future situations.
Clause 2 – Cancellation of a booking by the renter or the owner
2.1 Penalty for cancellation by the renter
Cancellation more than 24 hours before the start of the booking: the Renter will receive a 100% refund of the Rent.
Cancellation less than 24 hours before the start of the booking: the Renter will not receive a refund of the Rent; the Rental Fee will be paid to the Owner.
2.2 Penalty in case of cancellation by the owner
Cancellation between 2 weeks and 24 hours before the start of the booking: EUR 20.
Cancellation less than 24 hours before the start of the booking: EUR 40.
Failure to appear at the start of the booking (no-show): EUR 100.
2.3 Reason for penalty in case of cancellation
Cancellations cause disruption for renters and can negatively affect an owner's performance, such as lower visibility in search results and fewer future bookings.
2.4 Procedure for exceptions
The Owner contacts Support via the app, provides evidence and SnappCar determines whether the charges will be waived.
Cancellation can be effected via My rides → Bookings → Cancel.
Clause 3 – Penalties for owners
3.1 Application of penalties
Penalties are imposed when the Owner fails to comply with obligations, causes Damage or commits fraud. The penalties are meant to cover costs and prevent abuse.
3.2 Overview of penalties for owners
Situation | Explanation | Consequence |
Cancel 24 hours – 2 weeks before booking | The Owner cancels late. | EUR 20 |
Cancel less than 24 hours before booking | The Owner cancels shortly before start. | EUR 40 |
No-show | The Owner does not show up. | EUR 100 |
Violation of the General Terms and Conditions | The Owner does not comply with the General Terms and Conditions. | Penalty of up to EUR 250 per violation (depending on severity) + possible (temporary) account blocking |
Insurance fraud | If it turns out that an Owner tries to pass on to a Renter any damage to the Vehicle that was already present, the actual costs as well as a penalty (of at least EUR 1,000 per event) will be charged, in accordance with Clause 10.10 of the General Terms and Conditions. The Owner will also be excluded from insurance with the Insurer. | Minimum EUR 1,000 + actual costs + platform exclusion |
Resulting costs | SnappCar may recover costs that it has advanced to third parties (e.g. for damage limitation, Roadside Assistance or repair) out of courtesy or necessity from the User who caused these costs, in accordance with Clause 11.9 of the General Terms and Conditions. | Actual costs |
3.3 Fraud investigation
SnappCar may launch an investigation if it suspects fraud or deception. As a result, SnappCar may impose additional penalties, exclude the Owner from the Platform or terminate insurance cover.
Clause 4 - Penalties for renters
4.1 Application of penalties
Renters receive a penalty if they do not comply with agreements or conditions. The penalties are intended to compensate for costs and risks arising from violations, Damage or additional actions.
4.2 Overview of penalties for renters
Situation | Explanation | Consequence |
Traffic fine imposed during the rental period | SnappCar handles the traffic fine. | EUR 19.95 + the amount of the traffic fine |
Not enough fuel | The Renter does not return the Vehicle with a full tank and/or the agreed fuel level. | EUR 19.95 + fuel costs |
Electric Vehicle return with charge <25% | The Renter returns the electric Vehicle with a battery level below 25%. | EUR 150 |
Electric Vehicle not correctly connected to charging station | The Renter does not correctly connect the Vehicle to the agreed charging facility at the end of the Rental Period. | EUR 50 |
Smoking or serious soiling | Smoking or excessive soiling. | EUR 75 + cleaning costs |
Taking the vehicle abroad without the Owner's permission | The Renter takes the Vehicle abroad even though the Owner does not allow this. | EUR 250 |
Causing damage in another country without foreign insurance cover | The Renter takes the Vehicle abroad and causes Damage without valid foreign insurance cover for Roadside Assistance having been purchased by the Renter. | EUR 250 + actual costs |
Late returns | The Renter does not return the Vehicle on time. | EUR 20 per hour from the time the Booking Period ends (max EUR 250) |
Failure to return vehicle | Vehicle is not returned at the agreed location. This means more than "one street away": it means a different location that makes it impossible for the next Renter to find the vehicle or that requires the Vehicle to be moved. | EUR 250 + actual costs (including lost turnover) |
Unauthorised driver | Letting a non-registered driver drive the Vehicle. | EUR 1,000 + actual costs + platform exclusion |
Unnecessary Roadside Assistance | When Roadside Assistance is called in by the Renter, but it is not needed (anymore) and the call centre is not informed of this, resulting in an unnecessary trip. | EUR 150 |
Resulting costs | SnappCar is authorised to collect advances it pays (out of goodwill) to a third party (e.g. to limit damage or as an advance for compensation) from the User who caused the Damage, in accordance with Clause 11.9 of the General Terms and Conditions. | Actual costs |
Clause 5 – Payment and collection
5.1 Direct debit
SnappCar collects all penalties and costs automatically through the SEPA contract agreed with SnappCar or through the payment method otherwise agreed. By agreeing to the General Terms and Conditions, the User grants a direct debit authorisation.
5.2 Failed collection
If a collection fails or is reversed, SnappCar will send the debtor (the Owner or the Renter) one or more payment reminders via various means of communication, in order to clearly inform the debtor of the outstanding payment obligation.
If the debtor is still in default fourteen (14) days after the first reminder, SnappCar will send an official fourteen-day letter in accordance with the Collection Costs Act, offering the debtor a final payment deadline and pointing out the additional costs, such as collection costs and interest, that will be charged if the claim is sent to a collection agency.
If the debtor remains in default even after expiry of the period as set out in the letter, a collection order will be granted to an external collection party.
5.3 Recovery of advance amounts
SnappCar may recover amounts it has advanced out of goodwill (e.g. to mitigate loss or make a payment on behalf of a user) from the User who caused the costs.
5.4 No claim in case of waiver
If a penalty is fully or partly paid to an owner, SnappCar will not be obliged to pay any amount to the Owner upon waiver or adjustment of that penalty.
Clause 6 - Exceptions, goodwill and complaints
6.1 Goodwill policy
SnappCar may at its discretion decide to waive or mitigate charges or penalties in whole or in part. This is an individual decision and does not confer any rights for future cases.
6.2 Complaints procedure
Users who disagree with an imposed penalty can lodge an objection via the Support Team. The objection must be accompanied by relevant evidence, such as photographs, documents or other data supporting the assertion.