Terms and Conditions of Y-Drive Chauffeured Services BV (Y-Drive) 

1. General

1.1. These general terms and conditions of Y-Drive Chauffeured Services (hereinafter: “Y-Drive”), with its registered office at Bieststraat 91, BE-3191 Boortmeerbeek, company number 0716.686.973, (hereinafter: the Terms and Conditions), apply to all offers, proposals, quotations, works, services and agreements between Y-Drive and the client (hereinafter: the Customer), whether acting in its own name or on behalf of a third party, unless otherwise agreed in writing. These Terms and Conditions apply in both a B2B and a B2C context, whereby, in the latter case, the client acquires goods and services placed on the market exclusively for non-commercial purposes (hereinafter: Consumer Client).  

1.2. Without prejudice to the application of any special terms and conditions included in the quotation, offer or otherwise, these Terms and Conditions constitute the entire agreement between Y-Drive and the Customer and apply to all assignments/services entrusted to Y-Drive. By accepting a quotation or offer, or by making a booking or placing an order in connection with which these Terms and Conditions have been provided, the Customer accepts these Terms and Conditions unconditionally and in full.  

1.3. Deviations from these Terms and Conditions are only permitted with the express written consent of Y-Drive. In such cases, the other provisions of these Terms and Conditions shall remain in full force and effect. The Customer may not derive any rights from any permitted deviations for future or other orders or agreements.  

1.4. If the Terms and Conditions are drawn up in a language other than Dutch, the Dutch-language version shall always take precedence.  

1.5. Should one or more provisions of these Terms and Conditions be declared invalid, unlawful or unenforceable, this shall not affect or diminish the validity, legality or enforceability of the other provisions. In place of the inapplicable part, the provision that, in a legally permissible manner, most closely approximates what the parties would have agreed had they been aware of the illegality shall be deemed to have been agreed. 

1.6. Y-Drive shall at all times be entitled to assign its rights and obligations under the agreement to a third party. In the event of such a transfer, Y-Drive shall notify the Customer thereof, and in this notification Y-Drive shall specify which party will be responsible for invoicing. The Customer is not permitted to assign his or her rights under the agreement to a third party, unless Y-Drive has given its prior written consent. 

1.7. All notices provided for in the agreement or given in connection with the agreement must be sent to the other party by registered post to the address set out in the confirmed quotation, offer or otherwise. Any notice shall be deemed to have been received (i) 5 (five) calendar days after the postmark, if the notice is sent by registered post, or (ii) 1 (one) calendar day after the date of the acknowledgement of receipt, if the notice is given against an acknowledgement of receipt. These time limits include the starting date (dies a quo) and the ending date (dies ad quem). To provide proof of a notification, it shall suffice to prove that the notification was correctly addressed or delivered and that any confirmation copy thereof was duly sent. 

1.8. No failure or omission on the part of any party to exercise or enforce its rights under any provision of these Terms shall constitute a waiver thereof or a waiver of that party’s right to enforce any other provision of these Terms, and no waiver by any party of any breach of any provision or clause of these Terms and Conditions shall be deemed to be a waiver of any breach of any other provision or clause thereof. 

1.9. The parties expressly agree that a signature by a party using an electronic signature, such as, but not limited to, Itsme, DocuSign or eID, which complies with the requirements of European Union Regulation No 910/2014, constitutes an original signature and has the same binding force and effect between the parties as a handwritten signature for the purposes of the validity, enforceability and admissibility of the agreement. The provision of a signed copy via an electronic signature system has the same binding force and effect as the provision of an original physical copy. 

2. Unilateral amendment

2.1. Y-Drive may amend these Terms and Conditions at any time and without prior notice in line with economic and legal requirements, to the extent permitted by law. The new terms and conditions will be communicated to the Customer, after which the Customer shall be entitled to terminate the contract without observing a notice period or paying a termination fee, provided that notice is given to Y-Drive by registered letter within a period of 8 (eight) calendar days of the Customer being informed of the amendment to these Terms and Conditions. 

3. Conclusion of the agreement 

3.1. All quotations and offers from Y-Drive are drawn up on the basis of the information provided by the Customer. Any change to the information or requirements may give rise to a revision of the terms and conditions set out in the quotation or offer. Unless otherwise stated in writing or otherwise agreed between the parties, quotations and offers drawn up by Y-Drive are valid for the period specified in the relevant quotation or offer. After this period, the quotation or offer automatically expires. Previous quotations or offers do not automatically apply to future orders.  

3.2. Quotations and offers made by Y-Drive to a Customer (with the exception of Customer-consumers) are non-binding and do not bind Y-Drive as such. Orders from a Customer that have not been confirmed in writing are likewise not binding on Y-Drive. The contract between Y-Drive and the Customer is concluded either (i) upon acceptance and/or signing of the quotation or offer within the validity period of the quotation or offer and the subsequent confirmation from Y-Drive, (ii) the Customer making a booking or placing an order via the booking tool or via the enquiry form on the Y-Drive website at the following URL: www.y-drive.be and the subsequent confirmation from Y-Drive, or (iii) the performance of the contract by Y-Drive.   

3.3. In the case of a consumer customer, quotations and offers from Y-Drive are valid for the stated period. If the consumer Customer confirms a quotation or offer in writing during this period, the contract with Y-Drive is automatically concluded. Y-Drive cannot be held bound by a quotation or offer which the Customer can reasonably understand to contain an obvious error or clerical mistake, and is in that case entitled to rectify such errors in an amended quotation or offer. 

3.4. Quotations and offers are strictly confidential and may not be disclosed to third parties without Y-Drive’s consent; nor may third parties rely on their contents.  

3.5. The mention of a vehicle make or model on the Y-Drive website and in the quotation does not guarantee the availability of that make or model on the desired date or at the desired time. If the requested make or model is not available for the specified date, Y-Drive will propose an equivalent alternative. 

3.6. For international coach trips, Y-Drive may decide, up to 4 (four) weeks before the scheduled departure, not to go ahead with the trip if there are insufficient bookings. 

3.7. Y-Drive is always entitled to demand payment of an advance on the agreed price, as set out in the quotation, offer or otherwise, in which case a contract shall only be concluded once such payment has been made in full 

4. CHANGES

4.1. Any amendment requested by the Customer requires the prior written consent of both parties.  

4.2. If the Customer requests changes during the performance of the contract, Y-Drive is entitled to extend the agreed performance period by a reasonable period.  

4.3. Services that were not provided for at the date of the agreement, such as amendments, will be invoiced on the basis of the fuel or electricity prices applicable at that time and Y-Drive’s hourly rate applicable at that time,  as set out in the quotation and/or offer. 

4.4. If the Client cancels or terminates the contract prior to or during the provision of the services, the Client shall be obliged to reimburse the costs already incurred and to pay for the services already provided. In addition, the Client shall be liable to pay an amount determined as follows: 

– 30% of the total price of the assignment (including VAT) in the event of cancellation more than 96 hours before the start of the assignment; 

– 50% of the total price of the assignment (including VAT) in the event of cancellation between 96 hours and 72 hours before the start of the assignment;  

– 75% of the total price of the assignment (including VAT) in the event of cancellation between 72 hours and 48 hours before the start of the assignment; 

– 90% of the total price of the assignment (including VAT) in the event of cancellation less than 48 hours before the start of the assignment; 

– 100% of the total price of the contract (including VAT) in the event of cancellation once work on the contract has already commenced. 

5. Prices and price revisions 

5.1. Unless the parties agree in writing on a different payment arrangement, Y-Drive shall perform the contract at the price agreed in the confirmed quotation or offer between Y-Drive and the Customer.  

5.2. Prices are always quoted in euros. Prices are exclusive of VAT (with the exception of prices quoted to a consumer Customer, which always include VAT). Taxes and duties other than VAT are not included in the price. Any increases in taxes or VAT rates following the conclusion of the contract may be passed on to the Customer. The price of international travel may change as a result of fluctuations in exchange rates. 

5.3. The price is calculated on the basis of the information held by Y-Drive. The Customer further undertakes to provide Y-Drive at all times with all necessary information required to determine the price. It is the Customer’s responsibility to ensure that the information provided by them in this context is correct. Failure to comply with this obligation entitles Y-Drive to suspend the provision of its services to the Customer until such time as the Customer fulfils this obligation. If it subsequently transpires that the information provided by the Customer, on the basis of which the price was determined, was incorrect or has since changed, this may give rise to a revision of the price and the delivery period.  

5.4. Y-Drive expressly reserves the right to amend the agreed price if, after the date on which the contract is concluded, one or more objective cost factors (namely: labour costs, social security contributions, prices of materials, raw material prices, energy prices, suppliers’ prices) undergo a demonstrable change. Y-Drive shall, where applicable, notify the Customer of the price change.  The price may only be adjusted by a maximum of 80% of the final price. 

5.5. Prices quoted on the website, in price lists or in other media are for guidance only and are not binding on Y-Drive, to the extent permitted by law.  

6. Obligations of the Customer

6.1. The Customer undertakes to provide, in good time and prior to the assignment, all information necessary for the performance of the contract, including, but not limited to: the departure and arrival location(s) for the transport, contact details, any special requirements and the nature of the transport. Y-Drive shall not be liable for any damage, delays or shortcomings in performance caused by the absence of this information.  

6.2. If the transport services are carried out using the Customer’s own vehicle, the Customer is responsible for the necessary maintenance, fuel, fines, legal costs, immediate collections, parking charges, tolls, car wash charges, breakdown assistance, the necessary documents and insurance, and the proper functioning of the vehicle. Y-Drive shall not be liable for any damage, delays or failings in the provision of the services caused by inadequate maintenance, a lack of fuel, malfunctioning of the vehicle, or the absence of the required instructions, documentation and insurance. Y-Drive provides the driver only, and the Customer pays solely for this service. The Customer is therefore fully responsible for all direct and indirect costs relating to the vehicle.  

Y-Drive has complete freedom in selecting the private drivers it provides. The Customer may not refuse a driver selected by Y-Drive. 

The Customer will be charged a mileage allowance for the driver’s travel expenses to and from the agreed location, as set out in the quotation, offer or otherwise. If the departure point for the assignment differs from the arrival point, the time spent on this and the resulting additional travel costs will also be charged to the Customer.  

The Customer declares and confirms that they are the owner of the vehicle being driven. Failing this, before signing the agreement, he or she shall provide the correct identity of the owner, as well as the owner’s written consent for the vehicle to be driven by the driver hired from Y-Drive. The Customer guarantees and is liable, by way of an obligation to achieve a specific result, for (i) applying, where necessary and in good time, for an amendment to the vehicle’s insurance policy so that the hired driver is validly insured for both third-party liability and comprehensive cover throughout the entire duration of the service, (ii) notifying the insurer in advance of the transport service, where required by law or contract, (iii) the technical compliance of the vehicle with the applicable legislation; and (iv) any technical faults or defects affecting the vehicle, whether visible or hidden. 

6.3. The Customer is responsible for the behaviour of all passengers and is liable for any damage resulting from unsafe, disruptive or careless behaviour on the part of passengers. The Customer undertakes, amongst other things, to ensure that all passengers refrain from theft, smoking in the vehicle or soiling Y-Drive’s vehicles. If, as a result of the actions or negligence of passengers, deep cleaning or repairs to the vehicle are required, the full cost of this will be charged to the Customer. 

6.4. The Customer shall notify Y-Drive in writing, no later than 24 hours before the performance of the contract, of any valuable goods (in particular: goods with a value exceeding 1,500 euros at the time of performance of the contract) that are to be transported. Y-Drive shall not be liable for any damage to or loss of items not reported in good time.  

6.5. With regard to international travel, the Customer undertakes to provide all necessary travel and identification documents and to ensure they remain available throughout the journey, as well as to provide all relevant medical or dietary information. In the absence of such documents, Y-Drive will seek compensation from the Customer for any resulting damage (including, but not limited to, delays). 

6.6. The Customer is obliged to provide the driver with suitable accommodation in a hotel or motel, as well as an evening meal and breakfast, if the assignment exceeds three hours in duration and continues beyond 23:00. The Customer shall bear the costs of this. 

6.7. If the Customer fails to fulfil its contractual obligations, Y-Drive is entitled to suspend the provision of the services until the Customer has fulfilled the aforementioned obligations, as a result of which the performance period will in any event be extended and the costs incurred will be charged in full to the Customer. 

7. Legal obligations and provisions regarding driving and rest periods 

7.1. Y-Drive provides its services in accordance with the applicable laws and regulations, including the Royal Decree of 17 October 2016 on tachographs and driving and rest periods, and Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 of the Council on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport. This includes, amongst other things, compliance with the provisions on driving and rest periods as laid down by these regulations. The Customer expressly acknowledges that Y-Drive is legally obliged to comply with these regulations and cannot permit any deviations from them, even at the Customer’s request.   

7.2. All driving, waiting and travel times shall be charged as soon as they are carried out, directly or indirectly, on behalf of the Client for an assignment with a minimum duration of three hours. Driving and waiting times are charged at the rate specified in the quotation or offer. With regard to transport assignments departing from airports or railway stations, the Customer is obliged to inform Y-Drive of any delays of 30 minutes or more. Failure to do so will result in Y-Drive charging for the waiting time separately. 

7.3. The start time of the assignment is the time at which the driver is required to be present at the departure location. The end time is the time at which the driver is actually back at the arrival location. 

8. Provision of services

8.1. Y-Drive undertakes to take all reasonable measures to ensure the timely arrival of the passenger and/or goods. However, Y-Drive is bound only by an obligation of effort and under no circumstances by an obligation of result. Y-Drive cannot be held liable for failure to arrive, or for late arrival, at the departure point and/or destination due to traffic congestion, accidents, adverse weather conditions, breakdowns, incorrect information provided by airports, airlines, stations or transport operators, and other traffic-related circumstances causing delays.  

8.2. Y-Drive reserves the right, prior to or during the performance of the contract, to refuse access to its vehicles to persons on the grounds of: drunkenness or being under the influence of other intoxicating substances, aggressive behaviour, poor personal hygiene or dirty clothing, improper conduct. Should such issues have arisen in the past, Y-Drive may also refuse access.  

8.3. Except where a contract is concluded with a consumer Customer, the timeframe agreed in the quotation is at all times strictly indicative and does not constitute any obligation on the part of Y-Drive to achieve a specific result. In such cases, exceeding the agreed timeframe shall not give rise to any right on the part of the Customer to claim damages, to unilaterally reduce the agreed price, or to terminate the contract with Y-Drive.   

8.4. If a time limit has been agreed in the contract concluded with a consumer customer, that time limit is binding on Y-Drive. In the event that Y-Drive fails to fulfil this obligation due to a fault on its part, the consumer Customer shall be entitled solely to request that the contract be performed within an additional period that is appropriate in the circumstances. If Y-Drive fails to fulfil its obligations towards the consumer customer within this additional period, the consumer-consumer shall be entitled only to claim compensation for the loss suffered as a result, provided they can prove such loss, or to terminate the contract with immediate effect, without court authorisation and without prior notice of default, provided that Y-Drive is reimbursed for the costs it has already incurred.   

8.5. Agreed deadlines shall in any event be extended as a result of any delays attributable to a force majeure event (see Article 11), a third party and/or the Customer, including but not limited to information required to commence performance of the contract which the Customer has provided to Y-Drive late, and this shall be without any compensation. In the event of requested changes, Y-Drive is also entitled to extend the agreed performance period without any compensation.  

9. Complaints about services

9.1. Y-Drive undertakes to provide services that correspond to the agreed services, in accordance with best practice.  

9.2. The Customer undertakes to inspect the services immediately upon delivery by Y-Drive to ensure they comply with the agreement. Any non-conformity between the agreed services and the services delivered must be communicated by the Customer to Y-Drive in a manner that constitutes proof, without delay and immediately. Complaints that cannot be resolved on the spot must be reported to Y-Drive in writing within 5 calendar days of returning home; failing this, the services shall be deemed to have been accepted by the Customer.  

9.3. Complaints must be described in great detail. 

9.4. The Customer is obliged to enable Y-Drive to investigate the complaint and must therefore cooperate fully. 

9.5. If the Customer is not satisfied with the work carried out, they may at any time lodge a complaint with the municipality of Boortmeerbeek: 3190 Boortmeerbeek, Pastorijstraat 2 or info@boortmeerbeek.be. If the Customer is not satisfied with the way the local authority has dealt with their complaint, or if the local authority has not dealt with their complaint within thirty days of it being submitted, the Customer may lodge a complaint with the Department of Mobility and Public Works – Flemish Government. 

10. Payment methods

10.1. Unless otherwise agreed, Y-Drive’s invoices are payable within 14 (fourteen) calendar days of the invoice date, with the exception of Customers who are consumers. The Customer must make payment in accordance with the instructions set out on the invoice. If no payment instructions are stated on the invoice, payments must be made by electronic transfer to Y-Drive’s account number BE95 0018 5204 6258. Unless otherwise agreed in writing, invoices issued by Y-Drive to the Customer who is a consumer are payable immediately. The consumer customer shall make the payment via the Mollie payment system prior to the provision of the services, unless otherwise agreed in writing. 

10.2. In the event of total or partial non-payment of an invoice by the Customer on the due date, Y-Drive reserves the right to suspend the provision of the services, without prior notice of default and without liability for damages. In this case, the Customer (with the exception of the Customer who is a consumer) shall be obliged to reimburse all costs already incurred in connection with the provision of the services and shall also, automatically and without prior notice of default, be liable for interest at a rate of 1% per month on the outstanding invoice amount from the due date of the invoice. Furthermore, the Customer shall automatically and without prior notice of default be liable for a fixed compensation of 10% on the outstanding invoice amount (including VAT), with a minimum of 125.00 EUR, without prejudice to Y-Drive’s right to claim full compensation from the Customer for the actual loss suffered, subject to proof thereof.  

10.3. In the event of total or partial non-payment of an invoice by the consumer customer on the due date, an initial reminder will be sent to the consumer customer free of charge. In the absence of payment within the stipulated payment period of 14 (fourteen) calendar days as stated on the first reminder, interest on arrears shall be payable in accordance with the Act of 2 August 2002 on combating late payment in commercial transactions. Furthermore, the Customer-consumer shall be liable to pay a fixed compensation, the amount of which shall not exceed:  

– 20 EUR if the outstanding balance is less than or equal to 150 EUR; 

– 30 EUR plus 10 % of the amount due in the bracket between 150.01 and 500 EUR, if the balance due is between 150.01 and 500 EUR; 

– 65 EUR plus 5 % of the amount due on the portion exceeding 500 EUR, up to a maximum of 2000 EUR, if the balance due is more than 500 EUR. 

The cost of an additional reminder is 7.50 EUR plus the postage charges applicable at the time of dispatch. 

10.4. To be valid, any complaint regarding payments and invoices must be made by registered letter to Y-Drive’s registered office within 7 (seven) calendar days of the date on which the invoice was sent (without such notification implying any acknowledgement by Y-Drive of its contents). The invoice date is presumed to be the date on which the invoice was sent. In the absence of such notification, the invoice shall be deemed to have been accepted by the Customer. 

10.5. Payments made by the Customer to Y-Drive shall first be applied to the charges owed by the Customer, then to the interest due, and only as a last resort to the principal sum due. 

11. Force majeure

11.1. If, following the conclusion of the agreement, it is not possible to perform the agreement due to force majeure, the party in default shall notify the other party of this within 7 (seven) calendar days of the commencement of the force majeure situation.  

11.2. The parties shall not be obliged to fulfil any contractual obligations where performance has become impossible. In any event, the defaulting party shall not be held liable for failure to fulfil its contractual obligations or for any resulting damage arising from wars and their consequences, strikes, pandemics or similar events, total or partial disruption to transport (traffic congestion), severe weather or other meteorological conditions preventing performance, supply chain issues, power and telecommunications disruptions, operational disruptions, breaches of contract and/or force majeure on the part of suppliers, all of which shall be deemed to constitute force majeure. 

11.3. In the event of force majeure, the obligations of the party in default shall be suspended for the duration of the interruption, plus the time required to resume the provision of the service. In such a case, the parties shall make every reasonable effort to minimise the consequences of the force majeure situation. In such a case, the defaulting party shall only be obliged to fulfil its obligations as soon as this is reasonably possible. If the force majeure situation lasts, or is likely to last, longer than the period specified for the performance of the contract, the parties shall be entitled to terminate the agreement with immediate effect, without prior recourse to the courts and without any compensation. Such termination must be effected in writing by post or email.  In such a case, Y-Drive shall be entitled to payment by the Customer for all services already provided and for the costs already incurred prior to the force majeure event with a view to the future performance of the contract. 

12. Liability

12.1. Y-Drive shall not be liable for damage to the Customer’s personal property, except in the event of wilful misconduct, fraud or deceit on the part of Y-Drive or its employees.  

Y-Drive shall not be liable for damage to the personal property of the consumer-customer, except in the event of wilful misconduct, fraud, deceit or gross negligence on the part of Y-Drive or its employees.  

12.2. Except in the event of wilful misconduct or fraud on the part of Y-Drive or its employees, Y-Drive shall under no circumstances be held liable for immaterial, indirect damage such as, but not limited to, loss of income, loss of contracts, reduced returns or any other kind of consequential or indirect damage, whether to the Customer or to third parties.  

12.3. The total amount of Y-Drive’s liability (whether contractual or non-contractual) for direct loss to the Customer arising from damage, regardless of its cause, shall, for each event or series of related events, limited to the price (including VAT) actually paid to Y-Drive under the service contract. This provision does not apply to death or personal injury caused by the fault of Y-Drive.  

12.4. The Customer shall be liable for any damage to property or personal injury to Y-Drive’s employees resulting from unsafe or careless behaviour on the part of passengers during the transport services.  

12.5. Except in the case of damage resulting from an infringement of physical or mental integrity, or damage resulting from a deliberate fault, Y-Drive, its director(s) or its employee(s) shall never be liable in tort for damage arising from a breach of a contractual obligation which also constitutes a tortious act. 

13. Subcontracting

13.1. Y-Drive is entitled to entrust the performance of the contract, in whole or in part, to one or more subcontractors, who shall carry out the contract in accordance with best practice under Y-Drive’s supervision. 

13.2. The subcontractors engaged by Y-Drive shall comply with the agreed completion period and any additional arrangements when providing services on behalf of Y-Drive. 

13.3. Except in the event of fraud or wilful misconduct on the part of the subcontractor, Y-Drive shall be liable for any damage caused by a subcontractor. 

14. Termination of the contract 

14.1. The contract between Y-Drive and the Customer shall commence on the date agreed in writing in the confirmed quotation or offer, or on the date on which Y-Drive commences performance of the agreement, and shall end when the services have been provided by Y-Drive to the Customer and the Customer has made all payments due under the agreement.  

14.2. In accordance with Article VI.53(12) of the WER, the consumer-customer may not exercise the right of withdrawal to withdraw from the contract relating to transport.  

14.3. Each party shall be entitled to terminate the agreement by operation of law, without prior notice of default and without payment of any compensation, with immediate effect, provided that written notice is given by registered post, in the following cases: (i) if the other party, despite a written notice of default setting a period of 7 (seven) working days, fails to fulfil one or more material obligations arising from the agreement, (ii) in the event of suspension of payments or (the filing of) a petition for bankruptcy by the other party, or (iii) in the event of the winding-up or cessation of the other party’s activities. In the event of such termination, each party reserves the right to claim compensation for the costs, interest and damages it has suffered as a result, and all claims shall become immediately due and payable.  

15. Intellectual property rights

15.1. The Customer expressly acknowledges that Y-Drive retains full ownership of the Y-Drive brand name, the Y-Drive trade name and the Y-Drive domain name.be and the copyright and other intellectual property rights in the name, logo and graphic branding of Y-Drive, as well as in the content of the website www.y-drive.be. 

15.2. The Customer is not permitted to the name, logo and graphic branding, and other such elements, the intellectual property rights to which are held by Y-Drive, may not be stored, copied, altered, published, distributed, transferred, sold or used in any way without the prior written consent of Y-Drive. 

15.3. The Customer shall not infringe Y-Drive’s intellectual property rights and shall take all necessary steps to ensure that the works listed in Article 15.2 are not reproduced, distributed or used by third parties without authorisation. In the event of an infringement of Y-Drive’s intellectual property rights by the Customer or third parties, the Customer is obliged to fully indemnify Y-Drive against all damages and costs arising from such infringement. 

16. Confidential information and personal data  

16.1. The parties shall process, use or store personal data solely for purposes permitted by law, in accordance with the applicable legislation, personal data, including Regulation 2016/679 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. 

16.2. The parties shall treat all information, whether obtained orally or in writing, in any form whatsoever, which may reasonably be regarded as confidential, strictly confidential and shall not disclose it to third parties without the prior, express and written consent of the other party, unless required to do so by law or by a court of law. In the latter case, the disclosing party shall immediately inform the other party.  

16.3 Confidential information does not include any information which (i) is or becomes publicly available without the receiving party having breached these Terms, (ii) was obtained, directly or indirectly, by the receiving party from a third party who was entitled to disclose such information without breaching any duty of confidentiality towards the disclosing party, (iii) was already known prior to the first disclosure by the disclosing party; or (iv) was independently developed by the receiving party without using the confidential information. 

16.4. If the Customer would like further information regarding Y-Drive’s privacy policy, they may contact Y-Drive by email at [email address]  or consult Y-Drive’s privacy statement on the Y-Drive website via [Link to privacy statement] 

17. Non-recruitment

17.1. If, during the term of the agreement or during a period of 12 months following the termination of the agreement, the Client makes offers to, or directly or indirectly employs, approaches (other than through general advertising not specifically directed at any person or persons) with a view to employment, or otherwise engages the services of an employee, staff member, former employee or staff member of Y-Drive who was involved in the provision of services to the Customer, the Client shall be liable to pay Y-Drive compensation in the amount of EUR 50,000.00 (fifty thousand euros), without prejudice to Y-Drive’s right to claim additional damages. 

18. Electronic invoicing 

18.1. Y-Drive’s original invoices will be sent electronically to the email address provided by the Customer. If the Customer nevertheless wishes to receive a hard copy of their invoice, this can be arranged for a fee (€10.00 per invoice) by simply sending a request to admin@y-drive.be. 

19. Disputes and applicable law

19.1. These Terms and Conditions are governed by and drawn up in accordance with Belgian law. The application of the Vienna Convention on Contracts for the International Sale of Goods of 11 April 1980 is expressly excluded. 

19.2. In the event of a dispute, the courts of the judicial district of Antwerp shall have exclusive jurisdiction, namely the Mechelen Magistrates’ Court, the Antwerp Court of First Instance, Mechelen Division, and the Antwerp Commercial Court, Mechelen Division, unless the law mandatorily prescribes another court.