Service station contracts

BarentsKrans has been acting for service station operators and the owners of service station sites for more than 25 years now. BarentsKrans has established the basis for the legal protection available to service station operators as the lessees of commercial premises.

Our team consists of four lawyers whose expertise spans the field of civil law (private law) and administrative law. Our clients include service station business owners (dealers and operators) and owners of service station sites that want to lease their land or service stations to oil companies.

We have extensive experience of advising, negotiating and conducting proceedings about all of the various agreements and contracts used in the service station industry. For example:

  • lease agreements (for land and commercial premises);
  • operating agreements (including standard operating agreements);
  • exclusive purchasing agreements;
  • agency agreements / forecourt lease;
  • lease agreements;
  • substitution contracts;
  • the relocation of service stations;
  • franchise (RBA) agreements;
  • establishing a right of superficies.

Private law

Our lawyers often act for private land owners and lessees/operators. Many cases involve oil companies. We also act for (and against) provinces and municipalities. In proceedings relating to the protection of the interests of the industry or individual company owners, we often work with the Beta and Bovag industry organisations.

Operators and permit holders that find themselves faced with the auctions held by the Central Government Real Estate Agency (Rijksvastgoedbedrijf) by virtue of the Petrol Act (Benzinewet) can approach us too. The same applies for operators (lessees and sub-lessees) subject to the auctions held by the municipality of Rotterdam.

We have extensive experience of proceedings about service-station rents, (the nullity of) exclusive purchase obligations and derogative clauses.

Because the issues we handle often also include a financial-economic component (margins and rents), we work with specialist consultancies in the service station industry. We often work with the notarial practice here at BarentsKrans too.

Administrative law and claims against the government

We act for the owners of service stations and licensees (the lessees of motorway service stations) in the event of service-station relocation. We also act for service station operators if losses are sustained as a result of government measures (road closures, etc.).

We act for a large group of border service-station operators (Stichting De Grens Bereikt!) in their struggle to obtain compensation from the State for the losses they are sustaining as a result of the inequality created by the State in terms of the duty and VAT due on engine fuels in comparison with Belgium and Germany.

Recent work

  • The Benschop/BP proceedings, which resulted in two important Supreme Court rulings about the nullity of long-term purchase obligations;
  • The submission of an initial request for a pre-procedural appearance on behalf of Stichting de Grens Bereikt! (border service-station operators);
  • Mantje/Rab Beheer proceedings, which resulted in an important Supreme Council ruling on the nullity of a long-term purchase obligation;
  • Acted for an operator in proceedings against the municipality of Rotterdam about the position of the sublessee in the Rotterdam auction;
  • Advised licensees and operators of motorway service stations about the scope of application of the Petrol Act;
  • Advised a group of operators about discount contributions/Bovag margins;
  • Proceedings about the approval of derogative clauses;
  • Acted for operators in colour-change related disputes with oil companies.

 

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