General Terms and Conditions BCF Roadside Assistance

Chapter 1 – Definitions

Article 1 – Definitions

In these General Terms and Conditions, the following terms shall have the meanings set forth below:

a. Client: the natural or legal person who commissions BCF Roadside Assistance to perform services.

b. Services: all activities performed by BCF Roadside Assistance in the context of roadside assistance, towing service, heavy-duty recovery, vehicle transport, and/or replacement vehicle.

c. Vehicle: a motor vehicle, trailer, or caravan.

d. Roadside assistance: providing assistance in case of a vehicle breakdown, including on-site repair, transport to a garage, or another location desired by the Client.

e. Vehicle recovery: towing a vehicle after an accident or breakdown.

f. Heavy-duty recovery: towing a vehicle with a total weight exceeding 3,500 kg after an accident or breakdown.

g. Vehicle transport: the transport of a vehicle from one location to another.

h. Replacement vehicle: making a replacement vehicle available to the Client.

Chapter 2 – Applicability

Article 2 – Applicability

1. These General Terms and Conditions apply to all offers, quotations, and agreements between BCF Roadside Assistance and the Client, unless expressly agreed otherwise in writing.

2. The applicability of any purchase or other conditions of the Client is expressly rejected.

3. If one or more provisions in these General Terms and Conditions are null and void or should be annulled, the remaining provisions of these General Terms and Conditions shall remain fully applicable. BCF Roadside Assistance and the Client shall then enter into consultation to agree on new provisions to replace the null and void or annulled provisions, taking into account as much as possible the purpose and scope of the original provisions.

Chapter 3 – Execution of the agreement

Article 3 – Execution of the agreement

1. BCF Roadside Assistance shall execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.

2. BCF Roadside Assistance has the right to have certain work performed by third parties.

3. The Client shall ensure that all data, which BCF Roadside Assistance indicates are necessary or which the Client should reasonably understand to be necessary for the execution of the agreement, are provided to BCF Roadside Assistance in a timely manner. If the data required for the execution of the agreement are not provided to BCF Roadside Assistance in time, BCF Roadside Assistance has the right to suspend the execution of the agreement and/or to charge the Client for the extra costs resulting from the delay according to the usual rates.

4. BCF Roadside Assistance is not liable for damage, of whatever nature, caused by BCF Roadside Assistance relying on incorrect and/or incomplete data provided by the Client.

Article 4 – Prices and payment

1. All prices are exclusive of VAT, unless stated otherwise.

2. Payment must be made within 14 days of the invoice date, in a manner to be indicated by BCF Roadside Assistance and in the currency in which the invoice was issued.

3. If the Client fails to pay an invoice on time, the Client is legally in default. The Client then owes interest of 1% per month, unless the statutory commercial interest rate is higher, in which case the statutory commercial interest rate is due. The interest on the overdue amount will be calculated from the moment the Client is in default until the moment the full amount due is paid.

4. If the Client is in default or in breach of one or more of its obligations, all reasonable costs incurred to obtain satisfaction out of court shall be borne by the Client. The extrajudicial costs are fixed at 15% of the amount due with a minimum of € 250,-, unless the actual costs are higher, in which case the actual costs are due.

Chapter 4 – Liability

Article 5 – Liability

1. BCF Roadside Assistance is only liable for direct damage resulting from an attributable shortcoming in the performance of the agreement.

2. Direct damage is exclusively understood to mean the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these General Terms and Conditions, any reasonable costs incurred to make the defective performance of BCF Roadside Assistance conform to the agreement, insofar as these can be attributed to BCF Roadside Assistance, and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to a limitation of direct damage as referred to in these General Terms and Conditions.

3. BCF Roadside Assistance is never liable for indirect damage, including consequential damage, loss of profit, missed savings, and damage due to business interruption.

4. The liability of BCF Roadside Assistance is limited to the amount paid out by its insurance in the relevant case, increased by the deductible that, according to the policy conditions, is not borne by the insurer.

5. If, for whatever reason, no payment is made under the insurance referred to in paragraph 4, the liability of BCF Roadside Assistance is limited to the invoice amount of the assignment, or at least to that part of the assignment to which the liability relates, with a maximum of € 5,000,-.

6. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of BCF Roadside Assistance or its managing subordinates.

Article 6 – Force majeure

1. BCF Roadside Assistance is not obliged to fulfill any obligation towards the Client if it is hindered as a result of a circumstance that is not attributable to its fault, nor comes for its account by virtue of law, legal act, or generally accepted views.

2. In these General Terms and Conditions, force majeure is understood to mean, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, over which BCF Roadside Assistance has no influence, but which prevent BCF Roadside Assistance from fulfilling its obligations. This includes strikes in the company of BCF Roadside Assistance or third parties.

3. BCF Roadside Assistance can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the agreement, without obligation to compensate the other party for damages.

4. Insofar as BCF Roadside Assistance has already partially fulfilled its obligations under the agreement at the time of the commencement of force majeure, or will be able to fulfill them, and independent value is attributed to the part already fulfilled or to be fulfilled, BCF Roadside Assistance is entitled to invoice the part already fulfilled or to be fulfilled separately. The Client is obliged to pay this invoice as if it were a separate agreement.

Chapter 5 – Privacy

Article 7 – Privacy

1. BCF Roadside Assistance processes personal data of Clients in accordance with the General Data Protection Regulation (GDPR).

2. BCF Roadside Assistance is the data controller for the processing of personal data.

3. BCF Roadside Assistance processes personal data for the following purposes:

a. executing the agreement;

b. complying with legal obligations;

c. marketing and communication purposes.

4. BCF Roadside Assistance does not store personal data longer than necessary for the purposes for which they are processed, unless a longer retention period is legally required.

5. Clients have the right to access, correct, delete, and transfer their personal data. They also have the right to object to the processing of their personal data.

6. If Clients have questions about the processing of their personal data, they can contact BCF Roadside Assistance via info@bcfpechhulp.nl.

7. If Clients believe that BCF Roadside Assistance does not handle their personal data correctly, they can file a complaint with the Dutch Data Protection Authority.

Chapter 6 – Other provisions

Article 8 – Complaints

1. Complaints about the execution of the agreement must be reported by the Client in writing and with reasons to BCF Roadside Assistance within 7 days after discovery, but no later than 14 days after completion of the relevant work.

2. Complaints do not suspend the Client's payment obligation.

3. If a complaint is well-founded, BCF Roadside Assistance will still perform the work as agreed, unless this has become pointless in the meantime. The latter must be communicated by the Client in writing. If performing the work is no longer possible or useful, BCF Roadside Assistance will pay appropriate compensation to the Client.

Article 9 – Applicable law and choice of forum

1. Dutch law applies exclusively to all legal relationships to which BCF Roadside Assistance is a party, even if an obligation is wholly or partially performed abroad or if the party involved in the legal relationship resides there.

2. All disputes between BCF Roadside Assistance and the Client will be exclusively submitted to the competent court in the Noord-Nederland district, Leeuwarden location, unless the law mandatorily prescribes otherwise.