Topspace Conditions Damage Waiver Scheme for damage to or theft of rented items
The general rental conditions of Topspace apply to the rental agreement concluded with you. These general conditions were handed to the renter prior to or at the conclusion of the rental agreement. The general rental conditions can also be consulted on www.topspace.nl. An additional copy will be sent upon request.
In accordance with the rental conditions, the renter is liable for damage to/by/in connection with the rented item.
The renter may, against a percentage surcharge on the value of the rented item, partly limit their contractual liability for sudden and unforeseen damage to or theft of the rented item by means of one or both of the schemes below.
Any other (jointly) liable parties and/or third parties, including insurers, cannot derive any rights from these schemes. The schemes constitute a restriction of the landlord’s right of recourse. If agreed, the schemes shall prevail over the general rental conditions in the event of conflict, which shall otherwise remain applicable as supplementary conditions.
Any additional exclusions or instructions for prevention printed on or attached to the rental agreement form a supplement to and are part of the damage waiver scheme.
Limitation of the right of recourse shall be understood to mean: limiting the recourse of damages to the amount of the deductible specified per article.
Value shall mean the catalogue price or replacement value.
Where “landlord” is mentioned, this shall be understood to mean: Topspace and/or affiliated companies.
In the event of damage or theft, the renter must invoke the scheme(s) in writing and substantiate its applicability with lawful and convincing evidence.
General conditions for A. Force Majeure Damage Waiver Scheme and B. All-risk Damage Waiver Scheme
I. For whom does the scheme apply?
For the renter of items belonging to the landlord.
II. For what period does the scheme apply?
During the agreed rental period, all in accordance with the landlord’s general conditions. Limitation of recourse will only be applied if:
a. prior to the rental period, a valid rental agreement signed by the renter has been drawn up, and
b. the renter has demonstrably and timely fulfilled all obligations under the rental agreement and the general conditions of the landlord.
III. For which damage is the right of recourse limited?
Recourse of damage concerns the material damage to or value of rented items and the directly related costs of (emergency) repair, assessment, salvage, transport, investigation, repatriation, mitigation, and (extra-)judicial costs, business damage (loss of rental income), etc.
The limitation of recourse concerns the material damage to or value of rented items and the directly related costs of emergency repair, salvage and transport, insofar as the emergency repair, salvage or transport is based on a written assignment from the landlord, as well as business damage (loss of rental income is calculated based on the daily rental rate excluding discounts). Recourse for the costs of determining the damage is only limited insofar as the damage assessment is carried out by the landlord’s Technical Department.
IV. In which area are the schemes valid?
The scheme(s) apply to damage occurring within countries that are members of the EU as well as the United Kingdom.
V. How is the damage assessed?
The damage is assessed by the landlord’s technical department. If the renter does not submit a substantiated objection within five working days of receiving the damage estimate or indication provided by the landlord, or, in the absence thereof, within five working days of receiving the damage invoice, the renter is deemed to agree with the landlord’s assessment. If the renter wishes a counter-expertise, they must appoint a counter-expert within five working days from the moment the damage event becomes known and notify the landlord, failing which the landlord may assume that no counter-expertise will be performed.
VI. What obligations apply in case of damage?
As soon as the renter becomes aware or reasonably should have become aware of a damage event, they are required to:
a. immediately notify the landlord of the event;
b. provide full cooperation with the settlement of the damage, in particular follow the landlord’s instructions, provide the requested information and documents (including a fully completed and signed damage report with description of circumstances), and refrain from actions that could harm the landlord’s interests;
c. in case of theft of the item or another crime resulting in damage, immediately report it to the police and provide the landlord with a copy of the police report. The landlord will not limit recourse if one or more of these conditions have not been met or have not been fully met.
VII. General exclusions for both schemes
Recourse by the landlord will not be limited if the damage and/or theft arose from, was caused or increased by, or occurred through:
a. armed conflict, civil war, uprising, civil unrest, terrorism, strike, riot or mutiny, or nuclear reactions regardless of origin;
b. intent or recklessness by the renter and/or their staff and/or auxiliaries;
c. insufficient care and/or careless use, act or omission by the renter and/or their staff and/or auxiliaries;
Furthermore, recourse by the landlord will not be limited:
d. if the renter has sub-rented or otherwise made the rented item available to third parties (not being employees of the renter) without prior written permission from the landlord;
e. if a specific exclusion printed on the contract applies;
f. if preventive measures and other instructions printed on the contract or contained in the product manual have not been demonstrably followed by the renter;
g. if the renter uses, has used, or has had the rented item used for purposes other than those for which it is intended;
h. if the renter can derive rights from any insurance or other provision regarding a damage event, or could have derived such rights if the damage waiver scheme did not exist.
VIII. Careless use, act or omission
Careless use, act or omission shall include, but is not limited to: operation by unauthorized persons, overloading, transport by a driver who does not hold the correct driving license category, carrying out repairs, disabling (safety) devices or other systems, acting contrary to instructions from the landlord and/or manufacturer and/or manual and/or instructions printed on or attached to the rental contract, causing “overhead” damage (damage above or with point of impact above 1.90 m from ground level) during transport and/or traffic participation, failure to demonstrably follow specific written usage and/or prevention instructions defined in or on the rental contract, acting contrary to legal obligations or local regulations.
IX. Ownership of rented items
All rented items remain the property of the landlord, regardless of the possible application of the damage waiver scheme. Invoicing and/or payment of the damage or deductible does not in any way constitute a transfer of ownership.
X. Acceptance of the schemes
The landlord may refuse acceptance of the damage waiver scheme at any time and without stating a reason.
XI. Compensation
The schemes can never give rise to any payment or reimbursement to the renter.
Specific conditions for A. Force Majeure Damage Waiver Scheme
A.I. What is the purpose of the scheme?
Under the damage waiver scheme, the landlord (subject to the conditions set earlier and below) limits recourse from the renter for sudden and unforeseen material damage caused by force majeure, primarily natural events, to the rented item and additional costs/damage.
A.2. For which objects does the scheme apply?
For the items specified on contracts marked: “Force Majeure Damage Waiver”.
A.3. What are the specific exclusions?
The landlord will not limit recourse:
a. if the damage was not caused by an unforeseen circumstance from the following list: natural disasters, hail, extreme wind, suddenly crossing and/or flying-in animals, earthquake, flood, volcanic eruption and wildfire.
b. regarding cleaning costs and/or damage caused by contamination;
c. if a general exclusion applies (see VII and VIII).
A.4. Deductible for the damage waiver scheme
A deductible of €50.00 per event and per article applies to the damage waiver scheme.
Different deductibles may be agreed in writing in contracts or pricing agreements.
Specific conditions for B. All-risk Damage Waiver Scheme
B.1. What is the purpose of the scheme?
Under the All-risk damage waiver scheme, the landlord (subject to the conditions set earlier and below) limits recourse from the renter for sudden and unforeseen material damage to or loss of the rented item.
B.2. For which objects does the scheme apply?
For the items specified on contracts marked: “All-risk Damage Waiver”.
B.3. What are the specific exclusions?
Limitation of recourse by the landlord for damage by fire or theft does not apply if:
a. the damage was caused by or is the result of loss, embezzlement, disappearance, quarantine or governmental seizure;
b. a general exclusion applies (see VII and VIII);
c. the additional conditions have not been met (see B.4.).
B.4. Additional conditions for theft coverage
In addition to the general and specific exclusions, the landlord’s recourse in case of theft will not be limited if all the following conditions are not demonstrably met:
a. there must be evidence of forced entry into a building, garage, shed or fencing.
Forced entry will only be recognised if externally visible traces of forced entry are present. For snow chains, an additional condition is that the landlord will only limit recourse if the theft occurred after forced entry into a properly locked building or vehicle;
b. items secured with a lock must always be locked. Locks must have been demonstrably used; if the renter cannot immediately return all keys issued, the renter is deemed not to have met this condition.
B.5. Deductible for the All-risk damage waiver scheme
A deductible of €50.00 per event and per article applies to the All-risk damage waiver scheme.
Different deductibles may be agreed in writing in contracts or pricing agreements.
© Topspace, version 2024-1
The general rental conditions of Topspace apply to the rental agreement concluded with you. These general conditions were handed to the renter prior to or at the conclusion of the rental agreement. The general rental conditions can also be consulted on www.topspace.nl. An additional copy will be sent upon request.
In accordance with the rental conditions, the renter is liable for damage to/by/in connection with the rented item.
The renter may, against a percentage surcharge on the value of the rented item, partly limit their contractual liability for sudden and unforeseen damage to or theft of the rented item by means of one or both of the schemes below.
Any other (jointly) liable parties and/or third parties, including insurers, cannot derive any rights from these schemes. The schemes constitute a restriction of the landlord’s right of recourse. If agreed, the schemes shall prevail over the general rental conditions in the event of conflict, which shall otherwise remain applicable as supplementary conditions.
Any additional exclusions or instructions for prevention printed on or attached to the rental agreement form a supplement to and are part of the damage waiver scheme.
Limitation of the right of recourse shall be understood to mean: limiting the recourse of damages to the amount of the deductible specified per article.
Value shall mean the catalogue price or replacement value.
Where “landlord” is mentioned, this shall be understood to mean: Topspace and/or affiliated companies.
In the event of damage or theft, the renter must invoke the scheme(s) in writing and substantiate its applicability with lawful and convincing evidence.
General conditions for A. Force Majeure Damage Waiver Scheme and B. All-risk Damage Waiver Scheme
I. For whom does the scheme apply?
For the renter of items belonging to the landlord.
II. For what period does the scheme apply?
During the agreed rental period, all in accordance with the landlord’s general conditions. Limitation of recourse will only be applied if:
a. prior to the rental period, a valid rental agreement signed by the renter has been drawn up, and
b. the renter has demonstrably and timely fulfilled all obligations under the rental agreement and the general conditions of the landlord.
III. For which damage is the right of recourse limited?
Recourse of damage concerns the material damage to or value of rented items and the directly related costs of (emergency) repair, assessment, salvage, transport, investigation, repatriation, mitigation, and (extra-)judicial costs, business damage (loss of rental income), etc.
The limitation of recourse concerns the material damage to or value of rented items and the directly related costs of emergency repair, salvage and transport, insofar as the emergency repair, salvage or transport is based on a written assignment from the landlord, as well as business damage (loss of rental income is calculated based on the daily rental rate excluding discounts). Recourse for the costs of determining the damage is only limited insofar as the damage assessment is carried out by the landlord’s Technical Department.
IV. In which area are the schemes valid?
The scheme(s) apply to damage occurring within countries that are members of the EU as well as the United Kingdom.
V. How is the damage assessed?
The damage is assessed by the landlord’s technical department. If the renter does not submit a substantiated objection within five working days of receiving the damage estimate or indication provided by the landlord, or, in the absence thereof, within five working days of receiving the damage invoice, the renter is deemed to agree with the landlord’s assessment. If the renter wishes a counter-expertise, they must appoint a counter-expert within five working days from the moment the damage event becomes known and notify the landlord, failing which the landlord may assume that no counter-expertise will be performed.
VI. What obligations apply in case of damage?
As soon as the renter becomes aware or reasonably should have become aware of a damage event, they are required to:
a. immediately notify the landlord of the event;
b. provide full cooperation with the settlement of the damage, in particular follow the landlord’s instructions, provide the requested information and documents (including a fully completed and signed damage report with description of circumstances), and refrain from actions that could harm the landlord’s interests;
c. in case of theft of the item or another crime resulting in damage, immediately report it to the police and provide the landlord with a copy of the police report. The landlord will not limit recourse if one or more of these conditions have not been met or have not been fully met.
VII. General exclusions for both schemes
Recourse by the landlord will not be limited if the damage and/or theft arose from, was caused or increased by, or occurred through:
a. armed conflict, civil war, uprising, civil unrest, terrorism, strike, riot or mutiny, or nuclear reactions regardless of origin;
b. intent or recklessness by the renter and/or their staff and/or auxiliaries;
c. insufficient care and/or careless use, act or omission by the renter and/or their staff and/or auxiliaries;
Furthermore, recourse by the landlord will not be limited:
d. if the renter has sub-rented or otherwise made the rented item available to third parties (not being employees of the renter) without prior written permission from the landlord;
e. if a specific exclusion printed on the contract applies;
f. if preventive measures and other instructions printed on the contract or contained in the product manual have not been demonstrably followed by the renter;
g. if the renter uses, has used, or has had the rented item used for purposes other than those for which it is intended;
h. if the renter can derive rights from any insurance or other provision regarding a damage event, or could have derived such rights if the damage waiver scheme did not exist.
VIII. Careless use, act or omission
Careless use, act or omission shall include, but is not limited to: operation by unauthorized persons, overloading, transport by a driver who does not hold the correct driving license category, carrying out repairs, disabling (safety) devices or other systems, acting contrary to instructions from the landlord and/or manufacturer and/or manual and/or instructions printed on or attached to the rental contract, causing “overhead” damage (damage above or with point of impact above 1.90 m from ground level) during transport and/or traffic participation, failure to demonstrably follow specific written usage and/or prevention instructions defined in or on the rental contract, acting contrary to legal obligations or local regulations.
IX. Ownership of rented items
All rented items remain the property of the landlord, regardless of the possible application of the damage waiver scheme. Invoicing and/or payment of the damage or deductible does not in any way constitute a transfer of ownership.
X. Acceptance of the schemes
The landlord may refuse acceptance of the damage waiver scheme at any time and without stating a reason.
XI. Compensation
The schemes can never give rise to any payment or reimbursement to the renter.
Specific conditions for A. Force Majeure Damage Waiver Scheme
A.I. What is the purpose of the scheme?
Under the damage waiver scheme, the landlord (subject to the conditions set earlier and below) limits recourse from the renter for sudden and unforeseen material damage caused by force majeure, primarily natural events, to the rented item and additional costs/damage.
A.2. For which objects does the scheme apply?
For the items specified on contracts marked: “Force Majeure Damage Waiver”.
A.3. What are the specific exclusions?
The landlord will not limit recourse:
a. if the damage was not caused by an unforeseen circumstance from the following list: natural disasters, hail, extreme wind, suddenly crossing and/or flying-in animals, earthquake, flood, volcanic eruption and wildfire.
b. regarding cleaning costs and/or damage caused by contamination;
c. if a general exclusion applies (see VII and VIII).
A.4. Deductible for the damage waiver scheme
A deductible of €50.00 per event and per article applies to the damage waiver scheme.
Different deductibles may be agreed in writing in contracts or pricing agreements.
Specific conditions for B. All-risk Damage Waiver Scheme
B.1. What is the purpose of the scheme?
Under the All-risk damage waiver scheme, the landlord (subject to the conditions set earlier and below) limits recourse from the renter for sudden and unforeseen material damage to or loss of the rented item.
B.2. For which objects does the scheme apply?
For the items specified on contracts marked: “All-risk Damage Waiver”.
B.3. What are the specific exclusions?
Limitation of recourse by the landlord for damage by fire or theft does not apply if:
a. the damage was caused by or is the result of loss, embezzlement, disappearance, quarantine or governmental seizure;
b. a general exclusion applies (see VII and VIII);
c. the additional conditions have not been met (see B.4.).
B.4. Additional conditions for theft coverage
In addition to the general and specific exclusions, the landlord’s recourse in case of theft will not be limited if all the following conditions are not demonstrably met:
a. there must be evidence of forced entry into a building, garage, shed or fencing.
Forced entry will only be recognised if externally visible traces of forced entry are present. For snow chains, an additional condition is that the landlord will only limit recourse if the theft occurred after forced entry into a properly locked building or vehicle;
b. items secured with a lock must always be locked. Locks must have been demonstrably used; if the renter cannot immediately return all keys issued, the renter is deemed not to have met this condition.
B.5. Deductible for the All-risk damage waiver scheme
A deductible of €50.00 per event and per article applies to the All-risk damage waiver scheme.
Different deductibles may be agreed in writing in contracts or pricing agreements.
© Topspace, version 2024-1
