In these general terms and conditions, definitions are specified as follows:
1.1 Persons making use of the services of Falcon Carwash are referred to as Client
1.2 The object to which the agreement of Falcon Carwash relates is referred to as Vehicle
2.1 These terms and conditions apply to all agreements of Falcon Carwash regarding the cleaning of motor vehicles.
2.2 Upon request by the Client, a copy of these general terms and conditions will be provided free of charge.
2.3 These terms and conditions shall at all times take precedence over any terms and conditions used by the Client.
2.4 Deviations from these terms and conditions are only possible by written agreement between Falcon Carwash and the Client.
2.5 If any provision of these terms and conditions is annulled, void, or otherwise unenforceable, any valid part thereof shall remain in effect. The annulled, void, or unenforceable part will be replaced by a provision that reflects the intent of the original provision as closely as legally permitted.
The Client must inform themselves about the correct use of the car wash and polishing facility prior to use.
The Client must adhere to the instructions on the instruction boards at the entrance of the car wash and detailing lane and must follow the directions given by (an employee of) Falcon Carwash, either verbally or through gestures.
5.1. The Client's vehicle is only suitable for the car wash and polishing lane if it meets the following requirements:
a. The vehicle must have four wheels and a closed body; only if explicitly indicated by Falcon Carwash that the washing installation is also suitable for, for example, vehicles with a soft top or fewer than 4 wheels, can the above be deviated from.
b. The maximum dimensions (height-width-length) indicated at the car wash and polishing lane must not be exceeded.
c. The vehicle must not have any loose and/or protruding parts that could be torn off during the service provided. Parts that may be loose and/or protruding include, among others, antennas, mirrors, trim strips, bumpers, spoilers, spotlights, windshield and headlight wipers; non-original parts or modifications to the bodywork may also be loose. Due to wear, minor damage, age, etc., parts that appear to be secure may still be loose.
5.2. The Client must check themselves whether their vehicle is suitable and, in case of doubt, should ask a Falcon Carwash employee for advice, without this employee taking over the Client's responsibility. The Client must report any special features (e.g., modifications or multiple damages) to a Falcon Carwash employee prior to the washing or polishing treatment.
With a normally soiled car, the Client may expect that water-soluble dirt will be removed. A reservation is made regarding the possibility of removing certain types of contamination. The Client should not expect that grease, tar, scratches, etc. will be removed.
The use of so-called wash boxes from Falcon Carwash is entirely at the risk of the Client. Falcon Carwash is not liable for any damage to the Client's vehicle resulting from the use of the Wash Box.
Falcon Carwash is not liable for theft or loss of items (including cargo, inventory, written documents, and securities) belonging to the Client and/or third parties that are present in the vehicle. The Client is also personally responsible for any loose parts of the dashboard and other interior panels of the vehicle. Falcon Carwash is not liable for theft or loss of items (including cargo, inventory, written documents, and securities) belonging to the Client and/or third parties that are present in the vehicle. The Client is also personally responsible for any loose parts of the dashboard and other interior panels of the vehicle.
In the event of a complaint or if the washing result is not as the Client could reasonably expect, the Client must immediately address a Falcon Carwash employee. If the complaint regarding the washing result is deemed justified by Falcon Carwash, the Client is entitled to one additional wash using a washing program chosen by Falcon Carwash.
10.1 Falcon Carwash is not liable for indirect damages, including but not limited to consequential damages or loss of profit.
10.2 Falcon Carwash is only liable for direct damages resulting from demonstrable errors by its employees, the use of unsuitable (washing) agents, or defects in the installation. However, a maximum of € 4,500.00 excluding VAT applies, except in cases of intent or deliberate recklessness.
10.3 The Client is liable for damage to their own vehicle, to Falcon Carwash, or to other users if the Client does not follow instructions and/or has an unsuitable service performed on their vehicle.
10.4 Damage for which the Client believes Falcon Carwash is liable must be reported to a Falcon Carwash employee before leaving the premises of Falcon Carwash, but in any case within a period of 24 hours.
10.5 In the event of alleged liability of Falcon Carwash, Falcon Carwash will not honor any request for compensation for repairs and restorations carried out without prior consultation and explicit approval from Falcon Carwash.
10.6 If the Client believes that Falcon Carwash is liable, they may (after first contacting Falcon Carwash) turn to a damage assessment company designated by Falcon Carwash. The parties may then, at the expense of the unsuccessful party, request the damage assessment company to provide an opinion on the cause of the alleged damage and on the liability of Falcon Carwash. The Client and Falcon Carwash will follow the conclusion of this damage report. This damage report will be binding, unless the most interested party goes to court within two months after submission of the report to request a judgment on the alleged liability of Falcon Carwash.
In the event of force majeure, Falcon Carwash is not liable for direct damages. Force majeure shall in any case be understood to mean: a failure that cannot be attributed to Falcon Carwash because it is not due to its fault, nor is it for its account by virtue of law, legal act, or according to generally accepted standards in society, including the situation in which Falcon Carwash is unable to provide its services due to a (attributable) failure or negligence of third parties.
Falcon Carwash may refuse a (potential) Client if their vehicle is unsuitable for the car wash installation or if there is another reasonable ground for refusal.
13.1 By accepting a quotation and/or entering into an agreement, the Client agrees to the processing of his personal data by Falcon Carwash.
13.2 The personal data of the Client listed on any form (including, among others, the notification form) are processed by Falcon Carwash, possibly within the meaning of the Personal Data Protection Act (Wbp).
13.3 Based on this processing, Falcon Carwash can: execute the agreement and fulfill its obligations towards the Client, provide the Client with optimal service, timely supply them with up-to-date wash information, and make personalized offers. In addition, the personal data may be made available for direct marketing activities.
13.4 Any objection by the Client to the processing of personal data within the meaning of the Wbp for the purpose of direct mailing activities, submitted to Falcon Carwash, will be honored.
13.5 Personal data will be irreversibly deleted when they are no longer necessary, unless retention is required by law.
These terms and agreements to which the terms apply in whole or in part, as well as disputes arising from or related to these terms, are governed exclusively by Dutch law.
Disputes arising from legal acts, quotations, and agreements to which these terms and conditions apply, or from subsequent agreements resulting therefrom, shall be settled by the District Court of Rotterdam.