General Terms and Conditions Global Cars
1. Applicability of these General Terms and Conditions
These General Terms and Conditions apply to all agreements made between a customer (equals "contracting party") and Artemis Marketing Management LLC, acting under the brand name Global Cars. Global Cars declares at the moment of conclusion of the agreement the most recent version of these Terms and Conditions applicable.
2. Membership Fee
Any Global Cars member will have to pay a yearly membership fee of €100, payable from the Available Balance.
First payment of this Membership Fee, is at the activation of the account. At the anniversary of this activation, a new Membership Fee will be due.
3. The offer/quotation
Global Cars issues the offer electronically. The offer contains the most important elements of the agreement. These are described in a sufficient, clear way so that the contracting party can make a good assessment of the offer. All documents which comprise the agreement are attached to the offer.
4. The documents of the Agreement and their ranking
The rights and obligations of the contract can be found in the following document: the offer. This is the offer to be accepted online by the contracting party on which the details of the contracting party and those of Global Cars are filled in and on which the most important parts of the agreement are laid down, such as:
• the class or category
• the possible extras
• the agreed duration of the period
• the most important amounts, rates and/or conditions
• any special arrangements
Global Cars attaches all documents, in which the terms of the agreement are laid down, to the offer and makes them available to the contracting party prior to the conclusion of the agreement.
5. The duration of the agreement and the start of the period
The agreement starts as soon as Global Cars has received the offer signed by the contracting party. In case of an offer which is sent electronically (scanned, e-mail, web form, etc.), 'signed' means the acceptance required for that form.
On accepting the offer, the contracting party agrees to the General Terms and Conditions and declares that he agrees to any (additional) costs arising from this.
6. Prices and payment
6.1 The contracting party has 14 days to pay the invoice, calculated from the day of receipt of the invoice. When not meeting this obligation, the contracting party will receive a payment reminder. If Global Cars has not received the said amount within 7 days, Global Cars will proceed to demand payment. For the reminder, as follows reminder costs will be charged over the outstanding amount: 15% over € 2.500,- and 10% over the remaining amount with a minimum of € 40,- plus 2% penalty interest over the outstanding amount, calculated from 15 days after receipt of the invoice. If no reaction is received, Global Cars will transfer this to the collection agency. The costs incurred will also be recovered from the contracting party.
6.2 Price changes can be made at any time. No price changes can be made to existing agreements.
7. Termination by the Contractor
7.1 Termination by the contracting party is not possible.
8. Death
In the event of the death of the Contractor, the heir(s) shall act as "Contractor".
9. Choice category
9.1 Global Cars takes into account as much as possible the chosen class or category of car of the contracting party. If the chosen class or category of car is not available, the contracting party will receive, in consultation with the contracting party, an alternative through a lease budget/self service lease.
9.2 During the entire period of use of the vehicle, Global Cars reserves the right to change the vehicle and replace it with a vehicle of at least the same category or give an alternative in the form of a lease budget/self service rental. The contracting party must cooperate at all times. The contracting party must take into account that the car will be changed at least once a year, regardless of which term the contracting party has chosen.
10. Mileage, kilometre price and entry restriction
10.1 Every 3 months after execution of the contract, the contracting party provides Global Cars, if so requested by Global Cars, with the exact odometer reading of the vehicle.
10.2 If it appears that the actual mileage, including replacement mileage, deviates more than 10% from the agreed monthly mileage, Global Cars is entitled to charge any additional mileage per month, thus: mileage / 12 months = monthly mileage. If the monthly kilometres deviate more than 10% from the agreement, Global Cars is entitled to correct them per month. Even if the contracting party would drive less, the more kilometres will have to be paid provisionally. Upon return, the kilometres are settled according to the agreement.
10.3 The extra kilometre price is €0,15 per extra kilometre.
10.4 The Contractor is not entitled to a refund or reduction of the contract if you drive fewer kilometres.
10.6 The contracting party explicitly agrees that Global Cars is at all times entitled to exchange the vehicle for a new vehicle if Global Cars determines that the vehicle has reached its maximum mileage for an optimal resale.
10.7 Entry restriction not applicable for: Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Poland, Czech Republic, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, United Kingdom and Switzerland.
10.8 An entry restriction applies to all other countries not mentioned in Article 9.7. The vehicle may not be driven in these countries. Any damage resulting from using the vehicle in these countries will be recovered from the contracting party.
11. Insurance, excess and taxes
11.1 The use of the car includes CL + full Cascade insurance, maintenance and repairs, breakdown assistance and replacement transport, tyre replacement and motor vehicle tax.
10.2 The amount of the excess for non-recoverable damage is € 500 per event and shall be borne by the contracting party. It is not possible to buy off the excess.
11.3 Damage Insurance for Occupants (SVI) or insured legal assistance in the event of an accident for all occupants is included as standard in the contract.
11.4 The minimum class for replacement transport is class Compact (Volkswagen Up or equivalent).
11.5 Security Deposit. The contracting party will pay a security deposit to the supplier. This security deposit will be paid before the delivery of the first car. At the end of the lease, this deposit will be returned if there were no accidents with the car, or no outstanding unpaid fines. If the lease is renewed, the security deposit will stay with the supplier, for the duration of the next lease. The security deposit depends on the class of the car. If the new lease is for a higher class, the contracting party will just have to pay the difference in order to increase the security deposit.
12. Drivers
12.1 The contracting party has a valid driving licence. Anyone in possession of a valid driving licence for the vehicle may drive the car. However, the driver must be legally authorised and capable of driving the vehicle.
12.2 Age. Any driver must be at least 21 years old on the day that the car is delivered to him/her. He/she must have a valid driver’s license for at least 1 year. If driver is less than 25 years old, he/she can select a car from the categories “Compact” until “Middle Class+”. If driver is at least 25 years old at the time of the delivery of the car, he/she can select any car from any category.
12.3 The contracting party or driver must have held a valid driving licence for at least one year.
12.4 The acts and omissions of other drivers of the car are, for the application of the terms of the agreement, for the account of the contracting party as if it were his/her own acts and omissions. The contracting party of Global Cars of the car is therefore liable for other drivers.
12.5 If the car is stolen, the renter is not liable for what happens to the car after the theft. The condition is that the contracting party (or the other driver of the vehicle) immediately reports the loss of the car to the police and reports the theft.
13. Good housekeeping and accessories
13.1 The contracting party should treat and maintain the car with care and due diligence. Global Cars has the right to perform intermediate checks. If the car is in an exceptionally bad condition (Global Cars is the deciding party in this), Global Cars has the right to reclaim the car immediately without any right to replacement, and the contract with Global Cars ends immediately and irrevocably. For the created damage the contracting party is fully responsible and the full damage will be recovered by Global Cars from the contracting party.
13.2 Without permission of Global Cars, the contracting party may not add accessories or make other changes to the car. All damages caused by this, such as the removal or replacement of the accessories installed by the contracting party, are at the expense of the contracting party.
13.3 It is strictly forbidden to smoke in the car. In case of violation, we are obliged to charge € 250,- fine (reduction in value) excluding cleaning costs with a minimum amount of € 149,-.
14. Usage and provisions
14.1 In general, the car should be handled carefully and the traffic regulations and other legal provisions should be followed.
14.2 The car may not be handled in such a way that, according to the insurance terms or the provisions in the contractual terms and conditions or separate provisions on cover for third-party and hull damage, there is no cover.
14.3 When the car is not in use, it must be locked carefully. Measures to prevent theft, such as an alarm system, must be activated. The key of the car must be carefully stored.
14.4 The car may not be used to transport people or goods for payment or for speed, reliability or driving tests. The car may also not be used for driving lessons.
14.5 The car may not be driven by a seventeen year old within the framework of the guided driving experiment ("2todrive").
14.6 No hazardous materials may be transported by car.
14.7 The car may not be made available to third parties in return for payment.
14.8 If the car is used abroad, the contracting party is responsible for requesting a foreign country declaration if the country where the contracting party uses the car so requires. The contracting party can apply for a foreign car statement at [email protected].
14.9 The requirements and legalisation of a foreign certificate vary per country. Contractor is obliged to consult the embassy of the country concerned. The Contracting Party itself is responsible for the correctness and timely receipt of the declaration of foreign origin.
14.10 For the damage caused as a result of the articles 14.1 to 14.9 the contracting party is fully liable/responsible and the full damage will be recovered by Global Cars from the contracting party.
15. Damage
15.1 In the event of damage to or caused by the car, the contracting party is obliged to report this damage to the police as indicated on the green card or insurance documents and also to submit statements from witnesses and/or other documents relating to the event, all this on submission of a fully completed and signed damage report form.
15.2 If damage to the car has occurred, the car may not be driven on if this could worsen the damage. If the car is in a dangerous position or obstructs traffic, it may of course be moved.
15.3 The contracting party must request the police to draw up an official report of the event. In such situations the contracting party will always refrain from making any promises from which an acknowledgement of any obligation to pay compensation could be derived and, in general, from everything which could harm the interests of Global Cars, the supplier and its insurer.
15.4 Non-fulfilment by the contracting party of the obligations referred to in the previous paragraphs of this article will result in the contracting party being fully liable for compensation towards Global Cars.
15.5 In the event of damage, as referred to in Article 14.1, the contracting party is obliged to report this immediately as indicated on the green card or insurance documents and to request, in a timely manner, an instruction which is binding on the contracting party as to the company which will repair the damage.
15.6 Costs and damages not included in the price or not covered by insurance, as well as payment of fines etc. arising from or related to the use of the car, are at the expense of the contracting party. For the charging of costs and damages, an administration fee of € 25 per event shall be charged.
15.7 In the event of theft of a navigation system with removable front/display, the initial costs will be reimbursed. The aforementioned components and valuables must not be left unattended in the vehicle. If they are, the contracting party is also responsible for damage to the vehicle in the event of theft.
16. Delivery of the car
16.1 The car should be collected from a designated location.
16.2 The Contractor will receive a message about the details of the delivery 4 to 6 weeks before the actual delivery of the car.
16.3 Upon delivery of the car to the contracting party, Global Cars or its representative or the supplier will prepare a receipt. This will state if the car is damage free, what the mileage is and what items are delivered with the car, such as the instruction booklet. This receipt must be signed by the person who delivers the car on behalf of Global Cars and the contracting party. Contractor must be able to present a valid driving license.
16.4 The registration number is not in the name of the contracting party, but in the name of the supplier of the car.
17. Returning the car
17.1 The contracting party must return the car on the last working day of the period. If the last day or days of the period fall on a weekend or holiday, this means that the contracting party must return the car prior to the weekend or holiday(s). The contracting party will therefore not be able to use the car on that last day or days of the period. For this, the contracting party can not ask for compensation or reimbursement from Global Cars.
17.2 The contracting party must make an appointment for the return of the car with Global Cars or its representative in time before the end of the period. Global Cars or its representative then notifies the contracting party where to return the car. If the contracting party does not return the car in time, the contracting party is still obliged to pay the period price until the car is returned, increased with 75% from the day the contracting party should have returned the car. This surcharge shall not apply if the contracting party is unable to return the car because it has been stolen or declared a total loss and the contracting party has reported this in time. In that case, the contracting party must return the items belonging to the car, such as keys and the vehicle registration certificate, and cooperate in the collection of the car.
17.3 Upon return of the vehicle, an employee of Global Cars or its representative or of the company where the vehicle is to be returned, assesses together with the contracting party whether the car is damaged, clean and whether all accessories, parts and documents delivered with the car are present. The result of this assessment shall be recorded in a collection report. The contracting party is not obliged to be present at the assessment, but if a difference of opinion arises about the correctness of the collection report, the contracting party must prove that the report is incorrect.
17.4 The contracting party shall be liable for any damage, contamination or missing accessories and documents found when taking back the car. It shall first be established whether the damage or contamination has already been reported by the contracting party to the party specified on the green card or insurance documents. If that is the case, the damage is/will be dealt with in accordance with the regulations set out in these Terms and Conditions.
17.5 If the damage has not been reported, Global Cars or its representative assesses whether it is for the account of the contracting party.
18. Third-party clause
18.1 Contractor declares to be aware and as far as necessary to agree with the fact that the ownership of the car can (come to) rest with a third party or that the car can be (or will be) pledged to a third party, as security for the payment of all that this third party can or may owe Global Cars.
18.2 Notwithstanding the existence of the present agreement, the contracting party will surrender the car to the third party at the first request, without the contracting party being able to invoke any right of retention, if and when the third party demands surrender of the car on the grounds of non-fulfilment of Global Cars' obligations towards the third party. As a result of this claim, the present user contract is legally terminated with immediate effect. Delivery as aforementioned must take place at the office of the third party or at a location specified by the third party.
18.3 If the situation referred to in Article 17.2 arises and the third party wishes to continue the use of the car by the contracting party, the contracting party is obliged, at the first request of the third party, to conclude a rental agreement with the third party for the remaining term of this user agreement and under the same conditions.
18.4 The parties fully exclude the applicability of Sections 7:226 and 7:227 of the Dutch Civil Code.
18.5 The third party clause included in articles 17.1 to 17.4 cannot be revoked by the contracting party, nor by Global Cars.
19. Change of address
If the contracting party moves, the contracting party needs to report his new address to Global Cars. If the e-mail address changes, the contracting party should report this also to Global Cars. Until that happens, Global Cars can send all messages destined for the contracting party to the last address and/or e-mail address given by the contracting party. A new phone number should also be reported by the contracting party to Global Cars. These changes should be communicated in writing or by e-mail.
20. Amendment of the Agreement
If there is reason to do so, Global Cars, together with the contracting party, can alter the agreement. This modification is then recorded in writing.
21. Personal registration
By participating in Global Cars you give permission to process your data. The data is used for the business of Global Cars and its affiliates. The data is at any moment directly retrievable by Global Cars and can, at your request, be removed or altered from the database. Removal or alteration happens in principle within one week after Global Cars has received the request from you.
22. Intellectual property rights
Global Cars, or the rightful claimant, reserves all rights, including copyright and trademark rights and/or other intellectual property rights. This includes texts, comparisons, illustrations, graphic material, trade names, logos and brands. None of these rights are transferred to the visitors or contractors of the website and/or products of Global Cars. Visitors and contractors may not copy, reproduce, distribute or otherwise make available to others without the express written consent of Global Cars. Global Cars may change information, texts and disclaimer without prior notice. We recommend you to check regularly whether the information has changed.
23. Bonuses
The Global cars concept provides in 2 bonuses on Global Cars mobility contracts.
When you refer new customers to Global Cars, you can earn a sales bonus on their mobility contracts. This sales bonus is 3% on your direct customers (Level 1) and 2% on their customers (Level 2). The sales bonus will be paid in your Available Balance.
As a customer with a mobility contract, you are entitled to a Loyalty Bonus. This bonus depends on the overall results of Global Cars. The Loyalty Bonus is max. 120% of the value of your mobility contract, and will be paid out as follows:
Max. 40% will go into “Car Return Fund”. Responsible drivers can earn up to 40% of their mobility contract as a reward for taking good care of their Global Car. In case a car is returned with damages, or if the total mileage exceeds the mileage in the contract, Global Cars will use this amount to pay for the extra miles and/or damage. In case of no damages, nor extra mileage, the amount will be transferred into the “Car Reserve Account” at the end of the contract.
Max. 80% will go into “Reserve Account”, and can be used to pay for your next mobility contract. At the end of the mobility contract, the amount in the Car Return Fund can be added to this Reserve Account.
24. Final word
These General Terms and Conditions are governed by UAE law. All disputes arising out of or in connection with these Terms and Conditions shall be exclusively brought before the Courts of Dubai, UAE, notwithstanding the possibility of appeal and appeal in cassation. Global Cars has the right to change or withdraw these Terms and Conditions without giving any reason. Changes are announced on the website www.globalcars.network and come into effect immediately after notification and apply to all contracting parties of Global Cars.
By accepting it, you agree to the offer and have read and accepted the general terms and conditions.
Terms and Conditions Founder Shares
A Founder Share is sold for € 999 and can only be purchased from the Available Balance.
A maximum of 10.000 Founder Shares will be issued.
Any Global Cars member can buy as many Founder Shares as he/she wants, until all shares are sold.
Founder Shares Dividend is paid out, every time when a member either activates the account, or renews the membership, by paying the Membership Fee from Available Account.
The dividend is paid immediately after a member has activated or renewed the Membership.
The dividend is calculated as follows: €100 divided by the number of outstanding Founder Shares. The dividend will be paid to the Founder’s Available Balance.
A Founder Shares will entitle the Founder to a 200 EUR discount per Share on Global Cars mobility contracts.
If you own at least 1 Founder Share, and one of your direct referrals buys a Founder Share, you will receive a €50 Sales Bonus in your Available Balance.
This Sales Bonus is calculated on every Founder Share that is purchased by your direct referrals.