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Date of last revision: 14/11/2022
Dit privacybeleid is, net als onze algemene voorwaarden, opgesteld in het Engels. Als u het Engels niet begrijpt, neem dan contact op met HUSK (via dpo@justhusk.be) voordat u de toepassing van onze algemene voorwaarden accepteert, om een vertaling of uitleg in het Nederlands te ontvangen van zowel de algemene voorwaarden als van dit privacybeleid. Door de toepassing van onze algemene voorwaarden te aanvaarden, verklaart u dat u de Engelse taal en dus ook de inhoud van dit privacybeleid begrijpt.
La présente politique de confidentialité est, comme nos conditions générales, établie en anglais. Si vous ne comprenez pas l’anglais, veuillez prendre contact avec HUSK (via dpo@justhusk.be) avant d’accepter l’application de nos conditions générales pour recevoir une traduction ou une explication en français tant des conditions générales que de la présente politique de confidentialité. En acceptant l’application de nos conditions générales, vous déclarez comprendre l’anglais et donc le contenu de cette politique de confidentialité également.
CarASAP SA/NV is committed to protect your privacy and takes its responsibilities regarding the security of customer personal data very seriously. For more detailed information about privacy legislation, please do not hesitate to read the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) (the “GDPR”).
DATA CONTROLLER
Your personal data are handled by:
CarASAP SA/NV (hereafter: “HUSK”)
Place Eugène Flagey 18 - 1050 Brussels
Enterprise number: BE0559.870.637 (RLE Brussels)
To contact us: dpo@justhusk.be
To have access to our policies: https://www.justhusk.be/ (the “Website”) or on the menu of HUSK, Husk Shuttle and UCB Shuttle mobile applications (the “Application”)
As used in this privacy policy (the “Policy”), the terms "using" and "processing" of Personal Data (as defined below) include subjecting the personal information to statistical or other analysis and using or handling personal information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring as detailed in this Privacy.
HUSK ("we" or "us") provides this Policy to inform you of our procedures regarding the collection, use and disclosure of Personal Data of any person who uses the Website, the Application and the services provided thereon (the “Users” or “you”).
HUSK collects and processes two types of information: (i) information you provide to us, and (ii) information relating to your use of the Application and/or the Website (collectively the “Personal Data”). Personal Data shall have the meaning as ascribed to it in applicable Belgian and European law.
Account:
When you decide to sign up to our services, we will ask you to provide your contact data (e.g. your name, your address, your phone number and your email address, etc.). This is required to, for example, allow you to book a ride or obtain a payment confirmation. We might also use your email address to send you more information about our services or to assist you in case of a problem.
When you create an account, proceed to a booking, send us an email or communicate with our customer service, you are voluntarily providing us with certain individually identifiable information that we collect and process. Such personal information may include but is not limited to your name, physical address, email address or telephone number. Should you give us details about another person, you hereby confirm that you fully respect the GDPR doing so and that you received every necessary authorization therefor and/or that you are the person legally responsible for said other person.
We may also process additional information you may choose to provide to us on your account (i.e. personal data which must not compulsorily be given through the subscription process), such as home or office addresses, email address and passenger’s details.
Location data:
In order to use the Website and the Application and the services offered thereon and to help calculate prices of rides and timings between locations, your location, places of departure and destination, the start and finish times, the date of the travel and the duration of the ride may be collected.
When you decide to use the Application on any mobile device you may or may not use the geolocation options: when you decide to book a ride you can either choose to activate this option so that we can locate you with respect to our driver or enter yourself your address manually. It is possible to turn off the geolocation option of your mobile phone at any time and we will only use your location when you are using our services on the Application. The coordinates of the addresses, whether they come from geolocation or manual encoding, are stored in the logs by HUSK.
Bancontact, Paypal and/or credit card details:
We will ask for your payment details (billing information, bank account or other payment details) if you wish to proceed with a booking. Those details will not be stored by HUSK (only a token number and the last four digits of your credit card number are processed by HUSK) and will be exclusively processed by our external secure payment providers.
Purchase details:
We might collect personal data relating to your bookings such as the date of your ride, your trip history or your potential complaints.
Besides, HUSK shall also collect the necessary information as to enable you to have access to your booking history.
Correspondence:
When you contact our customer service or anyone of the HUSK staff, we may keep a record of that correspondence and collect the necessary information to classify your question, respond to it and, if applicable, investigate any breach of our Terms and Conditions or this Policy. Moreover, your contact details might be used to notify you about changes in our Terms and Conditions or this Policy.
Contests, promotions and feedback:
When you participate in a contest or promotion organised by HUSK, we will ask you for the necessary Personal Data to manage the concerned contest or promotion such as a name, email address, phone number, age or place of residence. When you take a survey or give us feedback on the use of the Application and/or the Website, we may ask for some Personal Data to perform a follow-up of your feedback.
Contact list
If you give us permission to use your phone’s phone book / contacts, then ability to share address information from your telephone’s contact book is supported
We may process your IP address and certain non-personal information or aggregated data about how and when you use the Application and/or the Website. This information is usually of a technical nature (device settings and information, including but not limited to the internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website and/or the Application etc.) and of a behavioural nature (the actions taken by you on the Application and/or the Website, including but not limited to access times, pages requested, actions executed, etc.) and is used to compile statistical data about the use of our Application and/or Website.
HUSK only processes Personal Data for the following purposes:
We process certain Personal Data (name, phone number, gender, email address, postal address, location data, travel timings) to execute the contract between you and us, allowing us to process your bookings on the Application and/or the Website, to allow you to book a ride through the Application, to confirm bookings, to inform you in case of problem, to offer you a summary of your travels, to treat your requests through our customer service or troubleshoot any problems.
In case you are participating to a contest or promotion organised by HUSK, we also process certain Personal Data to allow us to manage said contest or promotion (the details of the necessary Personal Data will be detailed in the rules of the contest or promotion).
For the execution of our services, we may rely on third parties’ providers acting as data processors. Only to the extent required (i.e. to perform specific tasks on our behalf such as the storage of data, the processing of a booking, payment services, targeted communication on the Application), such third-party service providers will have access to your Personal Data. Once such third-party service provider has completed its specific task and their legal relationship with HUSK, they will no longer have access to your Personal Data except as required by law.
Our subcontractors are listed in a register of processing activities (kept internally). We ensure that all our subcontractors provide the same level of protection for your Personal Data as we do (including subcontractors located outside the European Economic Area - please refer to section 4 below on international transfers).
Should you wish to know in more details to which third parties your Personal Data and which Personal Data have been disclosed, please refer to section 7 below on your rights).
We may also process your Personal Data to comply with the law, to complete all legally obligated paperwork in each country/region in which either the User or HUSK is active, in case of illegal use of our services or when we receive orders from legal authorities.
Beyond the collection of your Personal Data to provide our services to you or to comply with legal obligations, we may collect and use your Personal Data for the following purposes:
i. Improve user experience:
Tracking your use of the Application and/or the Website will allow us to personalize our services to your needs and process uploaded data related to your profile such as rides and booking preferences, trips history or favourite addresses. It will allow us to make suggestions and recommendations to the User about our Services. It will allow you to correctly use the Application and/or the Website. This will also allow us to learn more about User preferences and general trends on the Application and/or the Website in order to improve the quality of the Application and/or the Website or of our services.
ii. Provide customer service:
We may collect additional Personal Data to perform general customer administration of your account by providing you with specific information on available services and by sending you communications about the Application (e.g. upcoming changes or improvements) and respond to your questions, treat your requests or troubleshoot any problems.
We may also verify the respect of your obligations set out in our Terms & Conditions and our Policy and investigate fraud and infringements on all applicable rules and regulations.
iii. Perform marketing actions:
We may process your Personal Data to contact you with newsletters, tailored suggestions and information exclusively about HUSK, similar products or services we offer or related information such as events, app updates, contests, promotions or information about our Website or Application.
These marketing actions will only be sent by us: we will always request your express consent before sharing any of your Personal Data with third parties for marketing purposes.
You can always choose to opt-out, at any time, of marketing promotions from HUSK or third parties and/or email correspondence from HUSK or third parties if you do not want your Personal Data to be used anymore for any of the aforementioned marketing purposes. If you do not want to receive commercial communications from us or third parties anymore, you can choose to unsubscribe from such commercial communications at any time by sending us an email at dpo@justhusk.be.
iv. Generate statistics and perform statistical analysis:
We may generate anonymous statistics about the (use and Users of the) Application and the Website in order to improve the Application and the Website and to perform statistical analysis.
v. Sharing information with third parties:
Some of your Personal Data could be disclosed to other companies of our companies group to improve our services (for example to our start-up studio Lab Box SA/NV, to the other start-ups of our start-up studio, to D’Ieteren Automotive SA/NV or to other companies of the same companies’ group).
Anonymous visitor information about our Users and the Use of our Application and the Website can also be disclosed to third parties for marketing, advertising and promotional purposes as well as for statistical purposes.
Should you wish to know in more details to which third parties your Personal Data and which Personal Data have been disclosed, please refer to section 7 below on your rights.
We will ask for your consent before using any Personal Data for a purpose other than those that are set out in this Policy. However, if you decide to add or provide additional Personal Data to your personal settings which must not compulsorily be given through the subscription process, by doing so, you give HUSK your explicit consent to process this additional Personal Data in accordance with this Policy.
Some of our external services providers are based outside the European Economic Area (the “EEA”) so their processing of your Personal Data will involve a transfer of data outside the EEA.
Our external third parties are listed in a register of processing activities (kept internally). We ensure that all our external third parties provide the same level of protection for your Personal Data as we do.
Whenever we transfer your Personal Data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring safeguards is implemented.
Please send us an email at dpo@justhusk.be if you want further information on the specific mechanism used by us when transferring your Personal Data out of the EEA.
In order to prevent the loss, misuse and alteration of your Personal Data, HUSK has implemented a variety of appropriate technical and organizational security measures conform with or exceeding industry standard technologies, in order to safeguard the confidentiality of your Personal Data and ensure your online safety. However, HUSK cannot guarantee that unauthorized access will never occur.
HUSK uses its best efforts to protect the confidentiality and security of your Personal Data.
In case of violation of your Personal Data, HUSK undertakes to notify the Belgian Data Protection Authority without delay and, if possible, not later than 72 hours after becoming aware of such violation.
HUSK shall in no event be liable for any direct or indirect damages that result from a wrong or illegal handling by third parties.
You may not disclose to or share with any third parties your account. If your phone has been stolen or if your account risks being hacked (for example because you changed phone number or you lost your computer), please immediately inform us by sending us an email at hello@justhusk.be.
We do not process your Personal Data any longer than necessary for the purposes set forth in this Policy (including the purposes of satisfying any legal, accounting, or reporting requirements): we do store your Personal Data as long as your account is active or when the processing of your Personal Data is necessary to allow you to make use of our Application.
To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Your Personal Data are deleted or anonymized maximum five years after your last use of our Application or deletion of your Account.
In some circumstances we may anonymize your Personal Data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Exercise of your rights is free of charge and can be done at any time if it is authorized by law. You may review, update, modify or delete your Personal Data at any time. Please promptly update your Personal Data if it changes. If you wish to delete your account or, more generally, exercise your right to be forgotten, you can send us an email at dpo@justhusk.be and we will process your request. Please however note that some of your Personal Data are necessary for the execution of the contract.
If and to the extent provided under applicable Belgian and European law, you shall have the right:
In many cases you can improve or modify your Personal Data yourself in your personal settings.
These rights can be exercised by sending an email to dpo@justhusk.be or by sending a letter to CarASAP SA/NV, Place Eugène Flagey 18, 1050 Brussels (Belgium).
You have the right to lodge a complaint with the authorized supervisory authority (the Belgian Data Protection Authority) should you consider that the processing of your Personal Data infringes applicable law by sending an email to contact@apd-gba.be or any other email address provided by the Belgian Data Protection Authority (https://www.dataprotectionauthority.be/contact-us).
We reserve the right to modify this Policy at any time. Any changes to the Policy will be published on the Application and on the Website. In case of significant changes to the Policy that results in HUSK using your Personal Data in a manner materially different from that stated at the time of the collection of your Personal Data, we will provide you with a notice on the Application and/or send you an email notification.
This Policy is governed by and construed in accordance with the Belgian legislation that is exclusively applicable to any potential dispute.
Any dispute arising under, or in connection with, this Policy shall be settled exclusively by the competent courts of Brussels, Belgium.
If you have any further questions about this Policy or its implementation, please contact dpo@justhusk.be.
Date of last revision: 29/01/2021
Deze cookies policy is in het Engels opgesteld. Indien u het Engels niet begrijpt, neemt u contact op met HUSK (via hello@justhusk.be) alvorens de applicatie ervan te aanvaarden om een vertaling of een verklaring in het Nederlands te krijgen. Door deze cookies policy te aanvaarden, verklaart u Engels en de inhoud van deze cookies policy te begrijpen.
La présente cookies policy est établie en anglais. Si vous ne comprenez pas l’anglais, veuillez prendre contact avec HUSK (via hello@justhusk.be) avant d’en accepter l’application pour recevoir une traduction ou une explication en français. En acceptant la présente cookies policy, vous déclarez comprendre l’anglais et le contenu de cette cookies policy.
CarASAP SA/NV is committed to protect your privacy and takes its responsibilities regarding the security of customer personal data very seriously. For more detailed information about privacy legislation, please do not hesitate to read the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) (the “GDPR”) and the E-privacy Directive (Directive (EC) 2002/58 of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector).
Cookies controller
CarASAP SA/NV (hereafter: “HUSK”)
Place Eugène Flagey 18 - 1050 Brussels
Enterprise number: BE0559.870.637 (RLE Brussels)
To contact us: hello@justhusk.be
To have access to our policies: https://www.justhusk.be/ (the “Website”) or on the menu of HUSK mobile application (the “Application”)
HUSK ("we" or "us") provides this cookies policy (the “Policy”), to inform you of our procedures regarding the use of cookies when users visit our Website or Application (the “Users” or “you”).
Cookies are small pieces of information that are stored by your browser on your computer's or mobile device’s hard drive. These cookies allow the Application and the Website to remember information that changes the way the Application and the Website behave or look, such as your preferred language. Furthermore, the Application and the Website use cookies in order to determine the circle of users and to ease the use of and navigation on the Application and on the Website (e.g. cookies are used to prevent you from having to log in every time for personalized services by entering your user name and password). The use of cookies is generally accepted and virtually all important applications and websites use them.
The following cookies are being stored when you visit and use the Application and the Website, said cookies belonging to the domain of our Website and/or our Application (first-party cookies) or to the domain of other parties (third-party cookies).
These trackers are used for activities that are strictly necessary to operate or deliver the service you requested from us and, therefore, do not require you to consent.
The following cookies are strictly necessary for navigation:
These trackers enable basic interactions and functionalities that allow you to access selected features of our service and facilitate your communication with us.
The following cookies are basic interactions and functionalities cookies:
These trackers help us to provide a personalized user experience by improving the quality of your preference management options, and by enabling the interaction with external networks and platforms.
The following cookies are experience enhancement cookies:
These trackers help us to measure traffic and analyze your behavior with the goal of improving our service.
The following cookies are measurement cookies:
These trackers help us to deliver personalized marketing content to you based on your behavior and to operate, serve and track ads.
These services adhere to the IAB Transparency and Consent Framework (TCF). The TCF is an industry-wide initiative that facilitates responsible privacy practices across the digital advertising industry - providing you with enhanced transparency and control over your advertising tracking preferences.
The following cookies are marketing cookies:
Some cookies are placed via our Application and our Website by third parties, for example Google. In particular they improve our Application and Website's content and operation.
The following third parties placed cookies on our Application and our Website:
The details of said cookies are mentioned in the previous sub-sections.
Temporary cookies (or “session” cookies) are temporarily stored in your browser or application. As soon as the User closes its browser or application, these cookies are automatically deleted.
Permanent cookies (or “persistent” cookies) remain on your computer or mobile device, even after you close the browser or the application. They make it possible to recognize the User during a subsequent visit to a website or an application. They remain on the User’s device until their expiration date is reached, a new version of the cookie is installed, or the User deletes them manually.
The above duration is based on the User’s informed consent and by giving its explicit consent, the User agrees with this duration.
HUSK collects and processes personal data through cookies. The legal basis of such collected data are the execution of a contract (art. 6, §1, b) of the GDPR), the compliance with legal obligations (art. 6, §1, c) of the GDPR) and legitimate interests (art. 6, §1, f) of the GDPR). For more information, you can refer to the Privacy Policy in its article 3 directly on [insert link of your privacy policy].
We do not process your Personal Data any longer than is necessary for the purposes set forth in the Privacy Policy and in this Policy.
You can configure your internet browser in order to be informed of each cookie sent or systematically refuse them by modifying the parameters of your browser. HUSK cannot guarantee the access, use and operation of the Application and of the Website if the storage of cookies is disabled. If you want to refuse marketing cookies (including Google among others), you can do this with the help of the following website: http://www.youronlinechoices.com/
We reserve the right to modify this Policy at any time. Any changes to the Policy will be published on the Application and on the Website.
This Policy is governed by and construed in accordance with the Belgian legislation that is exclusively applicable to any potential dispute.
Any dispute arising under, or in connection with, this Policy shall be settled exclusively by the competent courts of Brussels, Belgium.
If you have any further questions about this Policy or its implementation, please contact via hello@justhusk.be.
Deze algemene voorwaarden zijn in het Engels opgesteld. Indien u het Engels niet begrijpt, neemt u contact op met Husk (via hello@justhusk.be) alvorens de applicatie ervan te aanvaarden om een vertaling of een verklaring in het Nederlands te krijgen. Door deze algemene voorwaarden te aanvaarden, verklaart u Engels en de inhoud van deze voorwaarden te begrijpen.
Les présentes conditions générales sont établies en anglais. Si vous ne comprenez pas l’anglais, veuillez prendre contact avec Husk (via hello@justhusk.be) avant d’en accepter l’application pour recevoir une traduction ou une explication en français. En acceptant les présentes conditions générales, vous déclarez comprendre l’anglais et le contenu des présentes conditions générales.
1.1. CarASAP’s (known under the commercial name HUSK, hereinafter “HUSK”) service (the “Service”) is an online, smartphone application, and telephone platform (the “Application”) on which persons interested in professional driver services (the “Users”) are offered professional drivers services by third parties with the necessary licenses (the “Drivers”).
1.2. The Service is operated by HUSK, with offices at Place Eugène Flagey 18, 1050 Brussels, Belgium. HUSK can be contacted by e-mail at the following address: info@justhusk.be.
1.3. By using the Service, Users agree to these terms of use (the “Terms”).
1.4. HUSK retains the right to modify these Terms at all times by e-mail notification to the Users.
2.1. Both natural persons (over 18 years of age) and companies are entitled to subscribe to the Service.
2.2. In order to be able to use the Service, Users will be required to create a User account and to provide some personal information such as banking and/or credit card details.
2.3. The User may not disclose to others his/her user ID’s or personal passwords that give access to the Service.
2.4. In order to use all the features of the Application, Users need to be in possession of an Android or IOs operated smartphone, equipped with a GPS service. CarASAP (HUSK) does not guarantee that the Application is or will be available for any and all types of smartphones.
2.5. Subscription to the Service is free of charge. Use of the Service will be charged as per these Terms.
2.6. CarASAP (HUSK) reserves the right to refuse or cancel any subscription at its sole discretion and for any reason.
2.7. The User is entitled to close his User account at any time.
3.1. Any and all intellectual property rights (trademarks, copyrights, etc...) on the Service or a part thereof such as the Application, the contents thereof, or CarASAP (HUSK) brands and logo’s (“IP rights”) will at all times remain the exclusive property of CarASAP (HUSK).
3.2. The User is not allowed to modify or alter in any way any of CarASAP (HUSK)’s IP rights.
3.3. Any content uploaded in the Application (such as profile pictures, etc...) or otherwise transmitted to CarASAP (HUSK) will remain property of the User, who, by uploading such content, will agree to grant CarASAP (HUSK) a licence to use any IP right related with such content. The User may not input, upload, post, transmit or otherwise distribute on the Application or on any other part of the Service any copyrighted content on which the User does not own all rights, unless express written permission of the author and copyright holder has been provided in advance.
4.1. The User is entitled to use the Service only for lawful purposes and may not (attempt to) violate any local, national or international law or regulation, including but not limited to those related to copyright, trade mark, obscenity, privacy and information security.
4.2. The User may not knowingly introduce viruses or other harmful programs or files and shall exercise reasonable care to avoid doing so knowingly or unknowingly.
4.3. The User may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Application.
5.1. Some of the Users’ personal data ("Data") may be collected by CarASAP (HUSK). The data controller is CarASAP (HUSK), whose identity, address and contact details are mentioned above.
5.2. The following Data will or may be collected upon subscription to the Service: identity, personal picture, e-mail address. This Data will be processed for the purposes of operation and management of the User’s account and for the operation of the Service. The e-mail addresses may also be processed for marketing about the Services.
5.3. Geolocation Data will be collected while using the Service. These Data will be processed for the purposes of optimizing the Service rendered to the User, and, after anonymization, for statistical purposes.
5.4. Credit card Data will also be collected upon subscription to the Service and will be processed for the purpose of processing payments collected by CarASAP (HUSK).
5.5. Users are entitled to request at any time to access and rectify their Data. Users can exercise these rights through their personal User account or by contacting CarASAP (HUSK).
5.6. Users are entitled to object at any time to the processing of their Data for marketing purposes. Users can exercise this right by contacting CarASAP (HUSK).
6.1. CarASAP (HUSK) provides the Service on an "as is" basis, without express or implied warranty regarding quality, accuracy, correctness, relevance, merchantability, fitness for a particular purpose or non-infringement.
6.2. To the largest extent permitted by applicable law, CarASAP (HUSK) nor its managers, employees and other contractors give you any express or implied warranty as to the operation of the Service, including whether the Service will be available at any particular time or location, uninterrupted, free of virus, or error-free, and whether errors will be corrected;
7.1. When the User books a journey, a Driver will be allocated to the User. Save for particular arrangements as per Section 0 below, the Driver services are operated for the benefit of the User under a lease agreement which complies with all local regulations entered into between CarASAP (HUSK) and the Driver.. The User agrees to hold harmless CarASAP (HUSK) against any claim of a Driver for damage caused by the User’s negligence, fault or omission. The User agrees and acknowledges that CarASAP (HUSK) will be entitled to give effect to this guarantee by claiming an amount equivalent to the damage suffered on the User’s credit card.
7.2. Selected Users may be offered a specific premium access to the Service under which the User may be required to sign or enter into specific rental arrangements with the Drivers, as required by
local regulations. As the case may be, these Users agree to give CarASAP (HUSK) a proxy to enter into such arrangements on their behalf.
7.3. Drivers have no authority to represent or otherwise engage CarASAP (HUSK) in any way whatsoever.
8.1. Final price is defined at time of booking and provided to customer. Final price may be adjusted dependent of, among other things, additional stops, additional waiting time, additional extras such as parking and toll fees, etc... Final price may be adjusted dependent of, among other factors, unexepected rerouting, exceeded free 5 minutes waiting time period (except for airport and train stations respectively 20 and 10 minutes after expected time of arrival).
8.2. The User is made aware of the fact that minimum prices will apply as per regulations.
8.3. The User will receive a confirmation e-mail, if provided, containing the price of any journey at the end of such journey.
8.4. Invoicing and collection of this price will be realised depending on the request of the User electronically or by invoice or in specific cases in the car by CarASAP (HUSK) on behalf of the Driver. Depending on the User’s account preferences, invoicing will be either periodical or per journey. The User hereby specifically agrees to this e-billing procedure.
8.5 The User is aware that Cancel Upon Arrival (COA) charges will be applied according the following rules :
If pickup takes place inside our Brussels Activity Zone (see map hereunder), then :
If pickup is located outside our Brussels Activity Zone (see map hereunder), then, depending on an ASAP or a prebook :
Brussels Activity Zone
9.1. CarASAP SA (hereafter “Husk”) shall use reasonable endeavours to deliver all parcels consigned for delivery from the defined address of pick up (hereafter “Pick Up address”) to the defined address of delivery (Hereafter the “Destination Address”) which will be identified in your HUSK parcel services booking. Any receipt obtained by HUSK regarding the delivery of goods and parcels shall be conclusive as to time, date and place of delivery.
9.2. You warrant to us that all goods and parcels consigned for delivery are adequately packed.
9.3. A driver connected to HUSK platform (Hereafter “Husk Driver”) may decline to accept or proceed with a parcel service booking where he reasonably believes that goods weigh more than 20Kg, and are of a shape or dimensions that is likely to make lifting or loading difficult, or are otherwise not within the dimensions and weight requirements defined for the relevant parcel service booking.
9.4. You should not assist a HUSK Driver to lift or load the goods and Husk is not, and you shall remain, liable for any injury or damage caused to you, the goods or any other property or person by reason of the same even where the HUSK Driver invites or agrees to such assistance.
9.5.f any bullion, precious metals, cash (coins or banknotes) precious stones, jewellery, antiques, works of art, livestock, animals, glass or part-glass items, marble, ceramics, security safes, house removals or perishable foodstuffs unless the precise nature of the Goods been notified to us, in writing at the time of making the parcel services booking and HUSK has agreed to undertake delivery thereof in writing and subject to you having arranged insurance for carriage thereof.
9.6 Should you consign prohibited goods for delivery as identified above we shall be entitled to return, destroy or otherwise dispose of such prohibited goods as we shall, in our absolute discretion, see fit and we shall have no liability to you whatsoever in respect of such prohibited goods. You agree to indemnify us in respect of all resulting costs, expenses and losses incurred by HUSK as a result of your consigning for delivery of prohibited goods.
9.7 We shall have absolute discretion in respect of any goods consigned for delivery as to the means of delivery, route and method of delivery, handling, storage and transportation thereof unless agreed otherwise in writing.
9.9 We do not insure any goods consigned for delivery. It is therefore your responsibility to ensure that all goods are appropriately insured. HUSK shall not accept any liability for any loss or damage to any goods.
9.10 Each delivery of goods shall be accompanied by a delivery note which shows the date of the delivery and any other relevant information. Upon delivery of the goods, you and/or the recipient of the goods at the Destination Address, having had a reasonable opportunity to inspect the goods, shall sign the delivery note as confirmation that the goods have been delivered and that no damage has been caused to the goods in transit. If you believe that the goods have been damaged, you must inform us without delay accompanied by a physical or electronic delivery note.
9.11 All goods shall be ready for collection at the time stipulated by you on the parcel services booking, when the parcel services booking is made.
9.12 Where neither the Pick UP Address nor Destination Address is a restricted street, we will allow an aggregate of 10 minutes for loading and unloading, based on: (i) the later of the arrival of the HUSK Driver vehicle at the collection address; or the booked time selected for collection of the goods; and (ii) the arrival time at the Destination Address.
9.13 Where all goods are not loaded at the Pick Up Address and unloaded at the Destination Address within the aggregate of 5 minutes as set out in this section, HUSK reserves the right to charge a waiting time fee, which will, for the avoidance of doubt, start after the expiry of the above mentioned aggregate of 5 minutes. The parcel services bookings waiting time fee is €0.6 per minute.
10.1. Save for gross negligence or fraud, and to the fullest extent permitted under applicable law, CarASAP (HUSK), its managers, employees and other contractors cannot be held liable for actions or omissions of the User. Insofar covered by the Driver’s insurance, the User will have no claim against CarASAP (HUSK) for any damage suffered during the performance of the Driver services.
10.2. CarASAP (HUSK)’s liability towards the User will in any case be strictly limited (i) to direct losses (excluding any consequential or immaterial damage), and (ii) to an aggregate maximum amount of 1.000 € per occurrence.
10.3. The User agrees to defend, indemnify and hold CarASAP (HUSK) and its managers, employees and other contractors harmless from and against any and all claims (including third party claims), damages and expenses, including lawyers’ fees, arising from the User’s actions or omissions.
If any part of the Terms should be found invalid or unenforceable, for any reason whatsoever, the remaining parts of the Terms shall remain valid and enforceable as if the invalid or unenforceable provision had not been included therein.
The failure of CarASAP (HUSK) to enforce any right or provision of the Terms will not be deemed a waiver of such right or provision.
These Terms are governed by and interpreted in accordance with Belgian law, and the courts of Brussels (Belgium) shall have sole and exclusive jurisdiction over any disputes relating to the Terms or the Service.
