Terms and Conditions

ARTICLE 1. | DEFINITIONS

In these general terms and conditions, the following terms have the meanings set out below, unless the nature or purport of the provisions indicates otherwise.

1. Splash Lease: Splash Lease B.V., the user of these general terms and conditions, with its registered office at Burgemeester Reigerstraat 72, 3581KW Utrecht, registered in the Trade Register under Chamber of Commerce number 30094204.
2. Lessee: any natural person or legal entity with whom Splash Lease has concluded or intends to conclude an agreement.
3. Consumer: the lessee as referred to in the previous paragraph, a natural person not acting in the course of a profession or business.
4. Agreement: any lease agreement concluded between the lessee and Splash Lease.
5. Platform: depending on what the lessee uses, the website www.splash.nl or the Splash App.
6. My Splash: the part of the platform exclusively accessible to the lessee by means of a username and password.
7. Leased Item(s): all movable property to be leased by Splash Lease to the lessee under the agreement.
8. Service Area: the area within which Splash Lease operates. This area comprises the Netherlands, with the exception of areas not directly accessible by road transport, such as the Wadden Islands.
9. In writing: both traditional written communication and digital communication that can be stored on a durable data carrier, such as email communication.

ARTICLE 2. | GENERAL PROVISIONS

1. These general terms and conditions apply to every offer from Splash Lease and every agreement concluded.
2. These general terms and conditions also apply to agreements for the performance of which third parties are engaged.
3. The applicability of any general or different terms and conditions of the lessee is expressly rejected.
4. Deviations from these general terms and conditions are only permitted in writing. If and insofar as what the parties have expressly agreed in writing deviates from these general terms and conditions, the expressly written agreement between the parties shall prevail.
5. The nullity or invalidity of one or more provisions hereof shall not affect the validity of the remaining provisions. In such a case, the parties are obliged to consult with each other to agree on a replacement arrangement regarding the affected provision, taking into account the purpose and intent of the original provision as much as possible.

ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT

1. Every offer from Splash Lease is without obligation and subject to sufficient availability of the items to be leased. Splash Lease is never obliged to enter into an agreement with a lessee and may refuse a lessee’s request without stating reasons. Splash Lease may also attach additional conditions to concluding an agreement with the lessee, for example—but not limited to—requesting the lessee to present a recent bank statement, a valid ID, and/or undergoing a credit check with respect to the lessee, based on which Splash Lease may refuse to conclude an agreement. Splash Lease is further entitled to limit, at its own discretion, the number of agreements per address and/or per lessee and may refuse a request for a new agreement if the lessee has not strictly complied with obligations under a previous agreement or if there are payment arrears.
2. The lessee cannot derive any rights from an offer by Splash Lease that contains an obvious error or mistake.
3. The lessee also cannot derive rights from an offer by Splash Lease that is based on incorrect or incomplete data provided by the lessee.
4. Each agreement is concluded by offer and acceptance. If the lessee’s acceptance deviates from Splash Lease’s offer, the agreement is not concluded in accordance with this deviating acceptance unless Splash Lease indicates otherwise. If the agreement is concluded through the reservation process on the platform, the conclusion of the agreement will be confirmed to the lessee by email as soon as possible.
5. If the lessee enters into the agreement on behalf of another natural person or legal entity, he declares, by entering into the agreement, that he is authorized to do so. The lessee is jointly and severally liable with this person/entity for fulfilling the obligations under that agreement.
6. If, after the agreement is concluded, the leased item is not available for delivery to the lessee, Splash Lease is entitled, in consultation with the lessee, to deliver an item of the same kind. If this is not possible, or the lessee does not agree to the delivery of a substitute item, then the lessee is entitled at most to a refund or waiver of the agreed price, and Splash Lease is not liable for any further compensation of damages.

ARTICLE 4. | DELIVERY AND INSTALLATION OF THE LEASED ITEM

1. Delivery of the leased item takes place by delivery thereof by or on behalf of Splash Lease to the agreed delivery address.
2. The parties will agree on the day and time of delivery, it being understood that delivery takes place within Splash Lease’s business hours as stated on the platform. The lessee allows Splash Lease some leeway in the agreed delivery times.
3. The lessee must ensure that, at the time of delivery and at the agreed delivery address, a person is present who is authorized to receive the leased item. If no one on behalf of the lessee is present at the agreed place and time, Splash Lease is entitled to take the leased item back and charge the lessee for the extra costs incurred, without prejudice to Splash Lease’s right to demand performance of the agreement.
4. If the necessary connections are present at the delivery location, the leased item will be connected to them by or on behalf of Splash Lease. The lessee guarantees that the delivery location and the room where the leased item will be placed are fully accessible, that the connections in that room are unobstructed, and that the supplied hoses, taking into account any obstacles, will suffice to connect the leased item immediately. Failing this, Splash Lease is entitled not to connect the leased item or, if it cannot be delivered to a suitable place, to take it back and charge the lessee for the extra costs involved, without prejudice to Splash Lease’s right to demand performance of the agreement.
5. If the leased item is connected at the lessee’s location by or on behalf of Splash Lease, it may be required that, in the presence of the lessee, it is checked whether the item works properly and, for example, that there is no leakage. The lessee cannot claim that the leased item was not properly connected and did not work at the time of connection if the aforementioned check was successfully carried out.
6. All connection points necessary for using the leased item must be within reach of the supplied connection parts. If the location where the leased item is to be connected does not have suitable connections, this does not entitle the lessee to terminate the agreement. If upon delivery it appears that no suitable connections are available, the leased item will be left without being connected and the lessee must, at his own expense and risk, arrange for suitable connections, unless expressly agreed otherwise with Splash Lease. It is the lessee’s responsibility to ascertain, before committing to the agreement, whether the leased item is suitable for use at the relevant location.
7. Placement of the leased item takes place on the ground floor, in a basement, or on a floor up to a maximum of four storeys high. Access to a basement or upper floor must be via a solid construction, which in any event does not include wobbly, unusually steep, or retractable stairs. The assessment of whether a space is accessible and suitable for placement is at Splash Lease’s sole discretion.
8. If, at the time of delivery, the lessee already has an item from Splash Lease and it has been agreed that this will be removed by or on behalf of Splash Lease, then that item must be disconnected, drained of water, and ready for loading without loose parts at the time of delivery. Otherwise Splash Lease is entitled not to carry out the agreed removal and/or to charge the resulting extra costs to the lessee.

ARTICLE 5. | CANCELLATION AND RIGHT OF WITHDRAWAL

1. The lessee is entitled to cancel the agreement up to two days before the agreed delivery date of the leased item without stating reasons. This can be done in writing or by telephone. In the event of an oral cancellation, Splash Lease will confirm the cancellation to the lessee by email as soon as possible. The foregoing applies regardless of the consumer rights referred to in the following paragraphs of this article.
2. The consumer is entitled to withdraw from the agreement concluded via the ordering process on the platform or by telephone, without stating reasons, up to fourteen days after its conclusion. The consumer may withdraw by submitting a request by telephone, by email, or by using the model withdrawal form made available by Splash Lease on the platform or with the order confirmation by email.
3. If delivery of the leased item takes place during the withdrawal period referred to in the previous paragraph, this will only be at the consumer’s express request. In that case, when entering into the agreement, the consumer expressly declares that performance of the agreement will take place at his request.
4. Delivery costs are included in the rental prices. If the consumer exercises the right of withdrawal and transport of the leased item to the delivery address has already taken place, the consumer owes Splash Lease € 100 in transport costs. For each additional agreement between Splash Lease and the consumer, the transport costs are € 50. Half of the aforementioned transport costs are due if the right of withdrawal is exercised on the agreed day of delivery but before actual delivery.
5. In addition to the costs referred to in the previous paragraph, upon exercising the right of withdrawal the consumer owes Splash Lease an amount proportional to that part of the rental period during which the consumer had the possibility to use the leased item, compared to full performance of the obligation. The proportional amount payable by the consumer to Splash Lease will be calculated on the basis of the total price as expressly agreed.

ARTICLE 6. | TERM OF THE AGREEMENT

1. The agreement is entered into for the fixed period expressly agreed. The term of the agreement starts on the day the agreement is concluded, unless the agreed delivery date of the leased item is later than fourteen days after the conclusion of the agreement, in which case the agreed term starts on the day of delivery.
2. After expiry of the agreed term, the agreement is tacitly renewed for an indefinite period, unless the agreement has been terminated in time in accordance with the following paragraph.
3. The agreement ends by giving notice with one month’s notice, but not earlier than after the agreed fixed term has expired. Termination can be done by telephone, in writing, or via “My Splash.” The burden of proof that notice was given in time always rests with the lessee.
4. By way of derogation from paragraph 3, termination of the agreement by the lessee after a term of 12 months is possible upon payment to Splash Lease of compensation equal to 50% of the remaining rental instalments.
5. If the agreement has been terminated by the lessee but the end date has not yet been reached, Splash Lease has the right, in the event of defects in the leased item, to choose, instead of replacement or repair, to terminate the agreement with immediate effect. If Splash Lease exercises this right, the lessee is entitled to a pro-rata refund for the unused portion of the agreement.
6. Upon termination of the agreement, the lessee is obliged to cooperate in the return of the leased item and shall allow Splash Lease the opportunity on business days during office hours to collect the leased item. The provisions of Article 4 regarding delivery also apply to the return, insofar as the nature and purport of those provisions do not preclude this.
7. The lessee remains at all times responsible for the (timely) return of the leased item. This also applies if, at the time of termination, the lessee no longer resides at the address or if the lessee designates another person to handle the termination with Splash Lease. Any extra costs incurred because Splash Lease cannot collect the leased item in time are always for the lessee’s account.
8. If Splash Lease is permanently unable, as a result of a circumstance attributable to the lessee, to collect the leased item, Splash Lease will charge the current value of the leased item as well as the travel costs related to the unsuccessful attempt(s) to take it back.

ARTICLE 7. | USE OF THE LEASED ITEM

1. When first putting the leased item into operation, the lessee must regularly check whether it is functioning properly and, for example, that there is no leakage. Splash Lease is not liable for damage resulting from the lessee’s failure to comply with this duty of care.
2. The lessee must ensure that the leased item is placed on a solid surface. Wooden floors in particular can cause unwanted vibrations, which are at the lessee’s risk. Placing the leased item on a (slight) elevation is not recommended. Damage resulting from the leased item falling from an elevation is for the lessee’s account and risk.
3. If Splash Lease is responsible for placing the leased item, this is done according to the lessee’s instructions and at the lessee’s risk. Paragraphs 1 and 2 also apply if Splash Lease has placed the leased item.
4. Without Splash Lease’s prior express permission, it is not permitted to stack leased items, except for placing a dryer on top of a washing machine.
5. Use of the leased item by persons other than the lessee is permitted, provided the number of users does not exceed what was expressly agreed at the start of the agreement. The lessee is responsible for use of the leased item, including by third parties to whom the lessee allows its use. The lessee ensures that such third parties comply with the agreed user instructions, including those described in these general terms and conditions. The lessee is, in any event, liable to Splash Lease for use of the leased item by those third parties.
6. The lessee is not permitted to exploit the leased item commercially or to use it for non-household purposes.
7. The leased item must be used in accordance with its intended purpose. Use is only permitted in accordance with the supplied user manuals and/or instructions given by Splash Lease staff. If no user manual is supplied with the leased item, the lessee must report this to Splash Lease immediately upon discovery.
8. Non-normal use of the leased item is not permitted, which includes, without limitation:
   1. Use in violation of these general terms and conditions or the conditions stated in the user manuals supplied with the leased item;
   2. Failure to follow instructions from or on behalf of Splash Lease;
   3. Use of the leased item that causes parts to break off and/or become heavily damaged;
   4. The presence of keys, bra wires, and coins in the drum of washing machines;
   5. Overloading and placing excessively soiled dishes in dishwashers;
   6. Failure to carry out periodic maintenance as described in Article 8.5.
9. Subject to proof to the contrary by the lessee, it is presumed that there has been non-normal use if, taking all circumstances into account—including, among other things, the nature and brand of the leased item—the item has suffered such frequent malfunctions or defects during the term of the agreement that it is reasonably likely that these resulted from careless use.
10. The lessee and anyone to whom he grants use of the leased item are not permitted to make changes to it unless Splash Lease has given prior express permission.
11. Except for normal wear and tear, the lessee and anyone to whom the lessee grants use must keep the leased item, during the period it is at their disposal, in the same condition as when it was delivered.
12. The lessee ensures that Splash Lease, or a person authorized by it, has free access during the term of the agreement to the place where the leased item is located in order to (have) its condition inspected.
13. Until, after termination of the agreement, the leased item has actually been returned to Splash Lease, all risk of loss and damage is borne by the lessee, except as provided in Article 8.4, including where the leased item is, whether or not with Splash Lease’s consent, wholly or partly in the control of a third party. The lessee will take out customary insurance for damage on this account. The leased item must be returned to Splash Lease in a cleaned condition; otherwise Splash Lease is entitled to charge cleaning costs to the lessee.
14. Full or partial relinquishment or transfer of use of the leased item, whether free of charge or for consideration, or otherwise, is not permitted. Without prejudice to the foregoing, the lessee is, in relation to Splash Lease, in any case responsible and bears the risk for the acts of those to whom he has wholly or partly, temporarily or for a longer period, transferred or left actual control of the leased item.
15. If a defect occurs during the rental period, the lessee must report this to Splash Lease immediately. The lessee and anyone to whom he grants use are not permitted to remedy defects themselves and/or carry out repairs to the leased item. If defects are not reported to Splash Lease immediately or at all, the lessee is fully liable for all resulting damage.
16. If, upon return, the leased item is not immediately inspected by Splash Lease, Splash Lease will do so as soon as possible thereafter. The lessee will be notified within two months after return of any costs and/or damage for which the lessee is liable under these general terms and conditions.

ARTICLE 8. | SERVICE

1. At the lessee’s request, Splash Lease will keep the leased item in good condition during the term of the agreement and carry out all necessary repairs. To this end, Splash Lease will, through service partners designated by it, make service available within a reasonable time—Monday to Friday during office hours, excluding public holidays—upon notice from or on behalf of the lessee that the leased item is not functioning properly.
2. Defects of the leased item can be reported to Splash Lease by telephone, by email, via the platform, or via “My Splash.”
3. From the moment it is established by or on behalf of the lessee that the leased item no longer functions properly, the lessee ensures that it is not used until further notice.
4. The costs of the repair work referred to in paragraph 1 are for Splash Lease’s account, unless the repairs are the result of non-normal use of the leased item or another circumstance attributable to the lessee.
5. Periodic maintenance—such as cleaning filters in washing machines, dryers, and dishwashers, cleaning dishwasher spray arms, and defrosting refrigerators/freezers—is not for Splash Lease’s account but for the lessee’s own account.
6. The lessee ensures that the service partner designated by Splash Lease obtains free access to the leased item on the agreed date and time to perform the work. The lessee allows Splash Lease and its service partner some margin in meeting time appointments.
7. The lessee cannot derive rights from promises and/or statements made by personnel of the service partner designated by Splash Lease unless such promises or statements are expressly confirmed by Splash Lease.
8. If repair of the leased item is no longer possible or no longer makes sense, Splash Lease will decide to exchange the leased item free of charge for other equipment with at least the same functionalities, possibly of a different brand and/or type. The replacement equipment may also be refurbished equipment. Differences in functionality cannot be a reason for the lessee not to accept the replacement equipment, unless acceptance cannot reasonably be expected of the lessee.
9. Unless the repairs result from non-normal use of the leased item or another circumstance attributable to the lessee, the lessee is entitled to a proportional refund of the rent if more than ten working days elapse between the first visit of the designated service partner and the day on which the lessee can again use the leased item. This is subject to the additional condition that the lessee has provided all cooperation to Splash Lease and the designated service partner(s) during that period.

ARTICLE 9. | TRANSFER OF THE AGREEMENT

1. The lessee may transfer his rights and obligations under the agreement to a third party in accordance with the instructions stated on “My Splash.”
2. The acquiring party must indicate via “My Splash” which contracts are to be taken over. The transfer is only effected once it has been confirmed by Splash Lease.
3. All rights and obligations of the lessee under the agreement pass to the new lessee on the indicated effective date, provided the transfer has been confirmed by Splash Lease before that date. If the indicated effective date is before the date on which the transfer is confirmed by Splash Lease, the effective date will be the first day of the month following the month of confirmation.
4. Splash Lease may refuse a transfer at any time. Grounds for refusal may include that the acquiring party is not within Splash Lease’s target group.
5. In the event of a proposed transfer, the original lessee must inform both Splash Lease and the acquiring party of any defects and/or damage to the leased item. Splash Lease reserves the right to charge both the original and the new lessee for cleaning and/or repair costs incurred.

ARTICLE 10. | MOVING

1. In the event of an intended move, the lessee must notify Splash Lease at least one month before the moving date, in writing, by email, or via “My Splash.” The lessee must provide the new address with this notification.
2. If there is a reasonable suspicion that a move has taken place without the lessee complying with the previous paragraph, Splash Lease has the right, without prejudice to the following article, to transfer the agreement to a third party.
3. If, when moving, the lessee does not wish to take the leased item along, the lessee is obliged to have the agreement transferred to another name as indicated in Article 9, or to terminate the agreement. In this case, the end date must be at least one month before the moving date. If the fixed term of the agreement has not yet expired, the lessee will owe Splash Lease compensation equal to the remaining duration of that minimum rental term, except as provided in Article 6.4.
4. The lessee is only permitted to move the leased item himself or with the help of a third party to another address if he has obtained Splash Lease’s prior permission.
5. If malfunctions occur within one month after moving, it is presumed that this is related to the move and repair costs are for the lessee, unless the service partner designated by Splash Lease has determined that there is no causal connection.
6. The lessee may request Splash Lease to carry out the move of the leased item for a fee. Splash Lease cannot guarantee that the move can actually be carried out on a specific date.
7. Moving while maintaining the agreement is only possible within the service area. If the new location where the leased item should be placed lies outside the service area, the agreement will be terminated by Splash Lease with immediate effect. If the fixed term of the agreement has not yet expired, the lessee will owe Splash Lease compensation equal to the remaining duration of the term, except as provided in Article 6.4.

ARTICLE 11. | SUSPENSION AND TERMINATION

1. If justified by the circumstances, Splash Lease is entitled to suspend performance of the agreement or terminate it with immediate effect if the lessee does not, not timely, or not fully comply with his obligations under the agreement, or if circumstances that become known to Splash Lease after conclusion give good reason to fear that the lessee will not fulfil his obligations.
2. If the lessee is declared bankrupt, any attachment is levied on his goods, or in cases where the lessee otherwise cannot freely dispose of his assets, Splash Lease is entitled to terminate the agreement with immediate effect. The lessee is obliged to notify the attaching bailiff of the concluded agreement, or, in the case of bankruptcy or guardianship, the trustee or administrator.
3. Furthermore, Splash Lease is entitled to terminate the agreement if circumstances arise that are such that performance of the agreement is impossible or its unaltered continuation cannot reasonably be required of Splash Lease.
4. The lessee is never entitled to any form of compensation in connection with Splash Lease’s exercise of the right to suspend or terminate under this article.
5. Insofar as attributable to him, the lessee is obliged to compensate Splash Lease for the damage it suffers as a result of the suspension or termination of the agreement.
6. If Splash Lease terminates the agreement under this article, all claims against the lessee become immediately due and payable.

ARTICLE 12. | FORCE MAJEURE

1. Splash Lease is entitled to suspend performance of the agreement if and for as long as Splash Lease is hindered by force majeure from (further) performance, without the lessee being entitled to any compensation. Splash Lease will inform the lessee of the force majeure situation as soon as possible.
2. If the force majeure situation makes performance of the agreement by Splash Lease permanently impossible, the parties are entitled to terminate the agreement for the part to which the force majeure relates, without the lessee being entitled to any compensation.
3. For services already rendered, the lessee owes the agreed price even in the event of force majeure, as if there were a separate agreement.
4. The foregoing paragraphs of this article apply to force majeure on the part of Splash Lease. The lessee retains any statutory rights regarding force majeure. Force majeure on the part of the lessee/customer is almost never accepted, since the lessee’s obligations under the agreement relate only to payment of the rent and any additional costs. There is no obligation for the lessee to take delivery of the leased item, so he cannot be in default of such and cannot validly invoke force majeure. Among other things, the following circumstances are therefore not valid grounds for the lessee to invoke force majeure:
   1. The lessee is forced to leave the house, regardless of the reason;
   2. The lessee moves abroad;
   3. The lessee cannot find a takeover candidate;
   4. The lessee can no longer use the leased item himself.

ARTICLE 13. | PRICES, COSTS AND PAYMENTS

1. All amounts stated by Splash Lease include VAT, unless expressly stated otherwise.
2. The rent is invoiced monthly in advance. One-off fees and any additional costs, such as the price of add-on parts sold, are included in the first rental instalment.
3. Changes in the VAT rate and other government levies may be passed on to the lessee and are not grounds for early termination of the agreement.
4. Provided the agreement has been in force for more than three months, Splash Lease has the authority to increase the agreed rent annually on 1 January or 1 July. Such an increase will not exceed indexation according to the Consumer Price Index as determined by Statistics Netherlands (CBS) and will moreover not result in a higher rent than the rent for which the same item is offered by Splash Lease at the time of the increase. These price increases are not grounds for early termination of the agreement.
5. Rent is charged up to the date on which the agreement has ended or up to the date on which the leased item has been returned to Splash Lease if this is later than the termination date.
6. Any refunds due to the lessee will be paid within one month after the right to a refund arises.
7. Unless another method of payment has been agreed, payments are made by direct debit, which normally takes place around the first day of each month. The lessee can choose an alternative day via “My Splash.”
8. Splash Lease is entitled to charge reasonable administrative costs if a payment is reversed multiple times or cannot be collected automatically for other reasons. In such cases, Splash Lease may demand payment of the outstanding amounts, including said administrative costs, by bank transfer. Payment must then be made within the term stated by Splash Lease on the invoice.
9. The lessee warrants that payments may be made with the provided IBAN.
10. The IBAN provided by the lessee can be changed at any time via “My Splash.” The change does not affect the status of the agreement.
11. The lessee may prepay any amount at any time. In that case, the lessee must indicate with the payment that it concerns a prepayment.
12. Splash Lease has the right to set off its claims against the lessee with any claims the lessee has against Splash Lease.
13. Unless mandatory law provides otherwise, the lessee is not permitted to set off invoices without Splash Lease’s prior express permission.
14. As stipulated in Article 11.1, in the event of payment arrears, Splash Lease may suspend its (service) obligations until all due and payable claims against the lessee have been settled.
15. If timely payment is not made, the lessee is in default by operation of law. From the day the default begins, the lessee owes interest of 1% per month on the due amount, whereby part of a month is counted as a whole month. By way of derogation from the previous sentence, statutory interest applies instead of the contractual interest if the lessee is acting as a consumer.
16. All costs related to judicial and extrajudicial measures that Splash Lease deems useful or necessary to enforce its rights under the agreement are for the lessee’s account.

ARTICLE 14. | LIABILITY OF THE LESSEE

1. The lessee guarantees to Splash Lease that the dwelling where the leased item is placed, as well as any complex of which that dwelling forms part, is covered by buildings insurance during the term of the agreement, to cover any damage to the real property relating to the dwelling and/or complex. Furthermore, the lessee must have contents insurance during the term of the agreement. The lessee indemnifies Splash Lease against all his claims, as well as third-party claims for damage recoverable under the aforementioned insurance policies, even if the lessee fails to comply with the insurance obligations referred to in this paragraph.
2. In the event of theft or loss of, or damage to, the leased item, the lessee must report this to Splash Lease immediately. In the event of theft, loss, or malicious damage, the lessee must also immediately report this to the police in the municipality where the theft or malicious damage occurred and immediately provide a copy of that report to Splash Lease. In case of loss, disappearance, alienation, theft, or embezzlement of the leased item, the lessee is obliged to compensate the current value of the leased item, without prejudice to Splash Lease’s statutory right to full compensation.
3. From the moment the leased item is handed over to the lessee until the moment it is received back by Splash Lease, the lessee is liable for all damage to the leased item, without prejudice to Article 8.4.
4. If, except for normal wear and tear, the leased item is returned in a worse condition than when it was made available at the start of the lease, the lessee is liable for all repair and restoration costs incurred by Splash Lease, without prejudice to Splash Lease’s right to claim loss of rental income.

ARTICLE 15. | LIABILITY OF SPLASH LEASE

1. Except in cases of intent or wilful recklessness by Splash Lease, Splash Lease is not liable for damage resulting from the use of the leased item. Splash Lease is never liable for damage occurring during the rental period as a result of the leased item not functioning or not functioning properly or as expected, or for damage caused to persons and/or property by or in connection with the use of the leased item.
2. Splash Lease is never liable for damage arising because it relied on incorrect or incomplete information provided by or on behalf of the lessee.
3. Except in cases of intent or wilful recklessness by Splash Lease, Splash Lease accepts no liability for damage to connection points arising in connection with the use or connection of the leased item, whether or not by or on behalf of Splash Lease.
4. Splash Lease is never liable for indirect damage, including loss of profit, losses incurred, and damage due to business interruption.
5. Should Splash Lease be liable for any damage, Splash Lease shall always have the right to remedy that damage. The lessee must give Splash Lease the opportunity to do so, failing which any liability of Splash Lease will lapse.
6. Splash Lease’s liability is limited to the invoice value of the agreement, or at least to that part of the agreement to which the liability relates, provided that Splash Lease’s liability will never exceed the amount actually paid out under Splash Lease’s liability insurance in the case concerned, plus any deductible that applies under that insurance.
7. The limitation period for all claims and defences against Splash Lease is one year.
8. Except in cases of intent or wilful recklessness by Splash Lease, the lessee shall indemnify Splash Lease against all third-party claims, on any grounds whatsoever, for compensation of damage, costs, or interest related to the performance of the agreement by or on behalf of Splash Lease, as well as the use of the leased item.

ARTICLE 16. | FINAL PROVISIONS

1. Legal and economic ownership of the leased item remains with Splash Lease at all times. Nothing in the agreement is intended to effect any transfer of ownership of the leased item. The lessee will make Splash Lease’s ownership immediately clear to anyone seeking to assert rights over the leased item, such as a bailiff.
2. The lessee is obliged to keep his username and password for access to “My Splash” confidential to prevent others from gaining access to his account. Splash Lease is not responsible for any damage suffered due to misuse of the lessee’s “My Splash” account. All actions carried out under the lessee’s account are attributable to the lessee.
3. Dutch law exclusively applies to every agreement and all legal relationships arising therefrom between the parties.
4. Before resorting to the courts, the parties are obliged to make every effort to settle the dispute by mutual agreement.
5. Unless mandatory law dictates otherwise, only the competent court in the district of Splash Lease’s place of business is designated to take cognizance of legal disputes.