General terms and conditions

ARTICLE 1 - APPLICABILITY

1.1. M-Assistance BV, with company number 0834.848.217 and registered office at 3800 Sint-Truiden, Montenakenweg 540 (info@m-assistance.be), is a company active in inbound services related to motor vehicle transport.
1.2. M-Assistance's general terms and conditions apply to all services provided by M-Assistance. The general terms and conditions are an integral part of every agreement and apply to the exclusion of all the customer's general terms and conditions.
1.3. By requesting performance on behalf of M-Assistance, the customer declares to be aware of and accept the general terms and conditions. The general terms and conditions can always be consulted at www.m-assistance.be. Acceptance of the general terms and conditions is presumed as soon as M-Assistance has started the assignment.
1.4. If a situation arises that is not covered by these general terms and conditions, it must be interpreted in accordance with common law, taking into account the spirit of these general terms and conditions. The possible nullity or invalidity of one of the provisions below shall in no way affect the validity of the other provisions, which shall remain in full force.

ARTICLE 2 - AGREEMENT AND ADDITIONAL WORKS

2.1. An order may be given either in writing or orally given the nature of the service.
2.2. Any price quotations by M-Assistance are without obligation and are formulated with all reservations.
2.3. M-Assistance is not liable for material mistakes such as typing and counting errors, among others.
2.4. Unless otherwise stipulated, the agreement shall be concluded for a specific assignment. In the case of assignments to be performed periodically, the agreement will always specify the frequency in which the services are performed.
2.5. Changes to the agreement are only possible by written acceptance from both M-Assistance and the customer.
2.6. Additional assignments or services in deviation from the initial assignment will entitle M-Assistance to additional compensation.
2.7. A completed work order implies the customer's explicit acceptance of the general terms and conditions and demonstrates the contractual relationship between M-Assistance and the customer, even if the services are performed on behalf of the public services.
2.8. If a vehicle is recharged by M-Assistance at the request of the public services (police, fire brigade,...), the owner of the vehicle can take note of the general terms and conditions when entering M-Assistance's registered office for collecting his/her vehicle.

ARTICLE 3 - REPRESENTATION

3.1. Any person or company placing orders on behalf of third parties or requesting them to be invoiced to third parties shall make a representation to such third parties in accordance with Article 5.106 of the Civil Code and shall be personally liable for payment.

ARTICLE 4 - Obligations of M-Assistance

4.1. M-Assistance will execute the assignment entrusted to it to the best of its knowledge and ability in accordance with the requirements of good craftsmanship and within a reasonable period of time. Parties explicitly agree that the obligations of M-Assistance have the character of an obligation of effort.
4.2. Unless explicitly agreed otherwise, M-Assistance retains complete freedom in the use of external experts, materials or taking urgent necessary measures.
4.3. All costs related to the storage of an electric or hybrid vehicle where damage is detected or suspected to the battery, monitoring the status of the (presumably) damaged battery and taking necessary damage control measures (such as submerging the vehicle, contamination of contaminated fire extinguishing water, storage of the vehicle, etc.) will be charged in full to the customer.
4.4. M-Assistance is entitled to transfer its rights or obligations arising from the agreement to third parties in subcontracting and/or to call on external parties for the execution of the assignment.

ARTICLE 5 - OBLIGATIONS OF THE CUSTOMER

5.1. The customer undertakes to provide all information deemed necessary in good time to enable the order to be carried out effectively. The customer guarantees the correctness, completeness and reliability of the information provided. If the correct information is not provided in time, M-Assistance has the right to suspend the execution of the agreement and/or charge the additional costs resulting from the delay. The customer indemnifies M-Assistance for claims by third parties for damages resulting from the incorrect or incomplete nature of the information and data provided.

5.2. Information to be supplied by the customer shall include, inter alia: location of vehicle, type of vehicle, reason for request to move the vehicle, any obstacles present, damage present to the vehicle,...

5.3. Changes related to the assignment must be made known to M-Assistance by the client in a timely manner and in writing and at the latest before the start of the assignment.

ARTICLE 6 - PRICES, PAYMENTS AND RIGHT OF RETENTION

6.1. M-Assistance's prices are based on the scope of the assignment, taking into account the circumstances in which the assignment is to be performed.
6.2. Quoted prices are always exclusive of VAT.
6.3. M-Assistance reserves the right to charge a surcharge for services that were not included in the initial order.
6.4. M-Assistance reserves the right to request an advance payment or payment of the full cost price before starting the assignment.
6.5. Services are payable in cash. All payments must be made to the address of M-Assistance's registered office.
6.6. All charges and invoices are payable immediately, unless otherwise agreed.
6.7. If a company fails to pay on time, M-Assistance shall be entitled, as of the due date, by operation of law and without prior notice of default, to a late payment interest equal to the interest rate in accordance with the Act of 02.08.2002 on combating late payment in commercial transactions. Each month started is hereby considered a full month. A compensation of 10% on the invoice amount with a minimum of EUR 250.00 administrative costs and an amount of EUR 75.00 to cover the extrajudicial collection costs incurred shall also be due. This applies as a lump-sum compensation for the costs other than the loss of interest and the actual legal costs and this without prejudice to M-Assistance's right to claim additional damages.
6.8. In case of non-payment of invoices within the set term by a consumer, a first reminder will be sent free of charge. If, during one calendar year, a fourth reminder has to be sent due to unpaid invoices for regular services rendered by M-Assistance on behalf of the client/consumer, this fourth first reminder may be subject to a charge of 7,50 EUR in addition to the shipping costs. If payment is not made within 14 calendar days of the first reminder, interest on arrears will be payable at the legal rate. In addition, a fixed compensation of 10%, with a minimum of EUR 250, shall be payable by operation of law and without prior notice of default as compensation for the costs inherent to non-payment. If legally required, this compensation clause will be reduced on the basis of the scales included in the Act of 4 May 2023 inserting Book XIX in the WER.
6.9. In the event of non-payment, all invoices not yet due will also become immediately payable.
6.10. In default of timely payment of the invoice, M-Assistance reserves the right to suspend the agreement without notice of default or judicial intervention, or to terminate it with immediate effect, without any right to compensation on the part of the customer.
6.11. Comments regarding the invoice should be communicated to M-Assistance at the latest within 5 calendar days after the invoice date and by registered mail.
6.12. In case of suspected insolvency of the customer, M-Assistance reserves the right to suspend the execution of the agreement pending proper guarantee of payment. Failing this, M-Assistance has the right to terminate the agreement subject to invoicing for services already rendered without any obligation to compensate the customer.
6.13. In default of timely payment by the customer of one or more invoices, M-Assistance will reserve the right to suspend the return of the vehicle.

ARTICLE 7 - LIABILITY

7.1. The customer is obliged to notify M-Assistance at the latest within a period of 24 hours after completion of the performance if a shortcoming or defect is found. This by means of a registered letter. In the absence of (timely) notification, the customer is deemed to agree with the work performed.
7.2. Defects in execution, which were visible at the time of termination of the order/receipt of the vehicle, are in any case covered by the (explicit or tacit) acceptance of the order at the time of receipt of the vehicle and do not qualify for any form of compensation by M-Assistance.
7.3. M-Assistance is only liable for damage to the treated object and only when it is the result of gross negligence, intent or fraud. Defects that were intrinsically present in the vehicle, or result from incorrect information provided by the customer, cannot give rise to liability on the part of M-Assistance.
7.4. The customer indemnifies M-Assistance in principal, costs and interests for any claims of third parties, who (claim to) have suffered damage in connection with the execution of the agreement.
7.8. Insofar as M-Assistance depends on the cooperation, services or deliveries of third parties in its activities, it can in no way be held liable for any damages resulting from eventual delays or their fault.
7.9. The customer has his/her vehicle charged by M-Assistance at his/her own risk. M-Assistance is not responsible for accidents or theft during the period the vehicle is left at M-Assistance by the customer. The customer must be adequately insured for this and can provide proof of this insurance to M-Assistance upon first request on behalf of M-Assistance.
7.10. In case of liability on the part of M-Assistance, compensable damages are limited to direct material damage and compensation is limited to the amount for which the insurance policies taken out by M-Assistance provide intervention, or to 10% of the price of the assignment in question if the insurance does not provide coverage. M-Assistance is not liable for property damage, personal injury, indirect damage or consequential damage.
7.11. Any claim by the customer for damages must be brought within a period of 3 months after the facts on which this claim is based were known by the customer or could reasonably have been known.

ARTICLE 8 - FORCE MAJEURE AND TERMINATION

8.1. In the event of temporary force majeure, the parties' obligations under this agreement shall be suspended or limited during the period of force majeure.
8.2. M-Assistance can terminate the agreement without prior notice and without prior judicial intervention at the expense of the other party in case the customer does not comply with the agreement concluded with M-Assistance including the general terms and conditions. This is also the case in case of any criminal offence committed by the customer to the detriment of M-Assistance, bankruptcy, liquidation, apparent insolvency as well as any change to the customer's legal situation.
8.3. M-Assistance's right to terminate the agreement at the customer's charge shall not affect its right to claim compensation from the customer.
8.4. The client has the right to cancel the agreement at any time by giving written notice to M-Assistance at the latest before the foreseen start of the assignment. If the assignment is cancelled after the aforementioned time, M-Assistance is entitled to charge the full foreseen compensation for the assignment concerned. This compensation does not affect M-Assistance's right to claim payment of higher actual damages.

ARTICLE 9 - PRIVACY AND DATA PROTECTION

9.1. M-Assistance recognises the importance of secure processing of personal data in accordance with prevailing national regulations, including the law of 30 July 2018, as well as Regulation (EU) 2016/679 and endeavours to comply with them.
9.2. The customer has the right to request access, correction and/or deletion of his/her collected personal data free of charge, as well as the right to withdraw his/her consent or request the portability of his/her data. The data collected by M-Assistance can be consulted upon written request (info@m-assistance.be).
9.3. Questions and/or complaints regarding the processing of your personal data can be addressed to the central contact point at M-Assistance (info@m-assistance.be). For more information, you can always consult the privacy policy or the website of the Data Protection Authority (www.gegevensbeschermingsautoriteit.be).

ARTICLE 10 - DISPUTES

10.1. Disputes arising from these general terms and conditions and/or the agreement are governed exclusively by Belgian law and the courts belonging to the judicial district in which M-Assistance's registered office is located have sole jurisdiction.
10.2. M-Assistance reserves the right to bring a dispute before the courts of the judicial district of the customer's registered office.