Liability when lending a vehicle


Questioner

I want to lend an amount for the purchase of a means of transport. As a deposit, the means of transport will be registered in my name, while the use and the charges/benefits lie with the holder of the means of transport. Can I now be held liable for any damage to materials and/or persons caused by the professional use of the means of transport?

Lawyer

If it is a vehicle with a license plate, your idea is unwise. As the holder of the license plate, you are liable for maintaining the mandatory insurance, for any traffic fines and for road tax. Damage to third parties will be at your own expense, although you can influence this through the insurance you have taken out.

Questioner

I understand your reaction, but in my situation it concerns the purchase of a hot air balloon. This is then used by a professional balloon company. This company has multiple balloons in its possession without being the owner itself. Where does the liability lie?

Lawyer

I don't quite understand the construction. In my opinion, there are two possibilities to arrange liability in a reasonably simple way. Either you provide a loan with which the company purchases the balloon, whereby you receive a lien on the balloon, for example. They are then liable for damage to third parties. Or you buy the balloon and rent it to the company. In the rental or user agreement to be drawn up, you can then exclude your liability for any damage that the company causes to third parties when using it.

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