The **”Renter”** and **”Lessor”**, together referred to as the **”Parties”**.
THE FOLLOWING IS AGREED:
* No right of way
* Overtaking left/right
* Poor roads
* No Off-Road
Article 1 Subject of the Agreement
- The Lessor rents to the Renter: A passenger car, hereafter referred to as the **”Rental Car”** or **”Vehicle”**.
- The Renter accepts the condition in which the Rental Car is at the time of signing the rental agreement.
Article 2 Purpose
- The Rental Car is exclusively intended as a passenger car for holders of a valid driver’s license. The rental car may only be driven by persons belonging to the Renter’s travel party who have been reported to the Lessor and whose valid driver’s license is known to the Lessor. The Renter remains responsible at all times for informing other drivers of the conditions set in this agreement.
- The Renter is at least 18 years old and in possession of a valid and physically presentable driver’s license.
- It is explicitly not permitted to drive off-road or on unpaved terrain. This also applies to the following areas: Hato Plain/Barber/Christoffel Park/St. Joris Bay, and other unpaved roads. The Lessor will be held fully responsible for all costs incurred due to violation of this rule. Additionally, the Renter is personally responsible for any towing and repair costs if the car is located on difficult-to-reach terrain.
Article 3 Duration and Termination Modalities
- The rental is permitted for the period described in the contract.
- The Renter is not permitted to terminate the rental agreement free of charge.
- The Lessor reserves the right to terminate the rental agreement at any time and to reclaim the vehicle if the Lessor negatively assesses the Renter’s behavior. From this point onward, the Renter has no right to any form of refund or other assistance.
Article 4 Rental Price – Insurance
- The Parties agree on a net base rental price, as described in the contract.
- The full agreed amount for the rental of the rental car and any additional insurance and transport costs must be paid on the day of receipt unless otherwise agreed.
- If damage is established by the Lessor, the costs for the Renter will depend on the insurance chosen by the Renter. If the Renter has indicated in writing on the rental agreement that they have chosen the all-risk insurance, the excess is: XCG 1,000. If the Renter has not chosen all-risk insurance, the excess is unlimited up to the current value of the car + rental loss for the Lessor, valid until the moment the rented vehicle is fully operational again.
- If the Renter has chosen the option: Buy off own risk, this means that, in principle, there are no costs for the Renter in case of established damage. However, this only applies if the Renter complies with the law and the applicable conditions and agreements. If, based on the policy conditions, no coverage can be provided because the damage is attributable to the Renter, the damage will be fully recovered from the Renter. Also, in case of violation of traffic rules, irresponsible driving behavior, driving under the influence of alcohol, drugs, or medication, the Renter is always responsible for the full costs of damage as stated in Article 5.
Article 5 Costs – Liabilities – Damage
- All costs due to mechanical failures are at the expense of the Lessor, provided they are not due to negligence or improper use by the driver.
- Negligence includes: negligent treatment of the rental car and associated products, damage due to off-road driving, or failure to comply with other conditions set in this agreement. Costs for the loss of the key, refueling with incorrect fuel, leaving the key in the car (lock-out), or theft/break-in damage as a result of leaving items in the car are always the responsibility of the Renter.
- The Renter remains fully liable in the event of gross negligence, negligence, driving under the influence of alcohol, or other substances that may affect driving ability.
- The Renter must report any form of damage immediately to the Lessor. If damage is only reported at a later time or not at the scene of the incident, the Renter is fully liable for all costs. The Lessor may charge the Renter for the inability to rent the rental car, referred to as: rental loss as described in section 5.
- In case of damage without additional insurance chosen, or if the conditions set are not followed, the Renter must compensate the Lessor. This includes, among other things, the Lessor’s right to rental loss. The Lessor may, among other things, charge for the days the car cannot be rented, but also for downtime due to unavailable parts or repair time, based on the daily rate of the rental car.
- The Renter must pay the costs for damage to the rental car directly upon receipt of the invoice from the Lessor. The Lessor reserves the right to require the Renter to make a down payment immediately when the damage is reported by the Renter, even if the exact costs are not yet known and provable. If payment is not made, the Lessor will consider each day of delay as rental loss, and the Renter will be charged the daily rate per day starting from the day the damage occurred.
- The Renter indemnifies the Lessor for all fines and other costs imposed on the Renter as a result of matters not attributable to the Lessor.
Article 6 Maintenance and Repairs
- The Lessor will do its utmost to maintain the Rental Car in good condition and to carry out all repair and wear works on the Rental Car as quickly as possible.
- The Renter is not permitted to perform any form of maintenance or repairs on the rented vehicle on their own initiative. All costs arising from actions not agreed upon with the Lessor are considered negligence and thus at the expense of the Renter.
- In the event of a flat tire during the rental period, the Renter is responsible for replacing the tire. The costs are at the expense of the Renter unless they have chosen additional insurance without excess. If the Renter unnecessarily continues to drive with a flat tire, causing additional damage to, for example, the tire or rim, the Renter will always be liable for the costs, regardless of the insurance chosen.
Article 7 Return of the Rental Car
- The Renter is required to return the Rental Car upon termination of this rental agreement for any reason. If this request is not complied with, they will pay XCG 100 per day + the daily rate of the rental car.
- If the Renter wishes to return the car earlier than the agreed end date, there is no right to a refund.
- The Rental Car must be returned in the same condition as it was at the time of entering into this rental agreement.
- The Rental Car is always delivered with a full tank to the Renter unless otherwise agreed. It must also be returned as such. If not, the Lessor will determine the costs, which will be charged to the Renter.
The Lessor may also claim XCG 50 in handling fees.
Article 8 Explicit Termination Clause
- The rental agreement between the Parties will automatically be terminated in the event of loss or destruction of the Rental Car. In such a case, the Renter has no right to a refund of the rental amount.
- The rental agreement is automatically terminated if one of the Parties fails to fulfill its obligations arising from the rental agreement.
- The Renter has the right to replacement transport if the rented vehicle has become unusable due to a cause not attributable to the Renter in any way. In all other cases, the Renter has no right to replacement transport.
Article 9 Subletting and Transfer of Rental
- The Renter may not transfer the contract to third parties.
- The rental car may not be sublet, in whole or in part, without the Lessor’s permission.
Article 10 General Rules
- Smoking is not permitted in the rental car. Fine: XCG 500!
- Transporting animals in the rental car is not permitted. Fine: XCG 500!
- Overloading the rental car with luggage, cargo, and passengers is not permitted.
- Using the rental car for towing or pulling other vehicles, trailers, etc., is not permitted.
- Using the rental car for any other purposes of transport or carriage of passengers or goods other than those known to the Lessor is not permitted.
- The Renter is responsible for replacing the tire in the event of a flat tire.
- The Renter is not permitted to continue driving if a warning light is illuminated.
- The Renter is not permitted to continue driving if the temperature gauge rises above the midpoint.
- The Renter is not required to clean the car but is expected to remove their own trash and other belongings from the car and return the car in reasonable condition. In case of excessive sand/stains/dirt and/or trash, the Lessor may charge the Renter cleaning costs of XCG 50 to XCG 100.
- The Lessor cannot be held liable for the loss of the Renter’s belongings as a result of losing/leaving items in the vehicle.
- If, upon returning the rental car, white salt stains are found in the upholstery, XCG 150 per seat will be charged.
Article 11 Applicable Law
Any dispute concerning the validity, interpretation, execution, or termination of the rental agreement shall be exclusively settled by the competent court in Willemstad, Curaçao.
| Car Breakdown | Car Accident |
|---|---|
| Call Roadside Assistance: 9247
(with Dutch mobile: +5999-4650896) Dead battery, insufficient fuel, keys locked in the car, towing, or other car breakdowns. Towing Service: +5999 514 8555 or +5999 678 8595 |
Call Forensys: 9233
(with Dutch mobile: +59994613282) Forensys MUST be called in case of damage. They will arrange what needs to be done at that moment. Police and/or Fire Department: 911 Ambulance: 912 |
It is possible to add additional services to the vehicle rental. Pick-up and drop-off service, child seat, final cleaning, and all-risk insurance.
