General Terms and Conditions, version 2016.07.03
These general terms and conditions apply to rental agreements between “Correct Carrental B.V.”, also trading under the name of “G en G autoverhuur”, in its capacity of rental company, and the hirer of a vehicle.
1) The parties;
The rental company hires out the motor vehicle referred to in the contract to the hirer for the specified period. These terms and conditions form an integrated part of the contract. Hirers are deemed to include the drivers.
2) State of repair of the vehicle;
The hirer declares that the motor vehicle is in a proper state of repair, in terms of the engine and body and paintwork and that it comes with vehicle identity documents, accessories and spare wheel with associated tools. Any deviations will be reported in the vehicle inspection report. The car is to be returned in the same condition, except for normal wear and tear.
3) Damage and drivers;
All damage, theft, destruction, burglary, etc., regardless of how it was caused, will be at the expense of the hirer if the hirer is to blame for the accident and/or if the damage cannot be recovered from the other party, including the rental price for the period when the motor vehicle is in for repairs or until it is released by the authorities.
- If the driver is listed on the contract up to no more than the amount of the deposit
- If the driver is not registered on the contract but has held a valid driving licence for two years or more, only the damage to third parties (statutory liability) is covered, whereas any vehicle damage will be at the expense of the hirer.
- If the driver is not registered on the contract and has held a valid driving licence for less than two years, all damage will be at the full and unlimited expense of the hirer.
- If the driver does not hold a valid driving licence at all, all damage will be at the full and unlimited expense of the hirer.
The rental company will hold the deposit until the vehicle has been repaired and all final payments have been made.
If the damage is caused by one or more of the points below, the damage will be at the full and unlimited expense of the hirer, including the rental price for the period when the motor vehicle is in for repairs or until it is released by the authorities.
- (Gross) negligence or improper use of the motor vehicle by the hirer or driver. If the motor vehicle is used for purposes other than normal passenger transport (speed races, trips containing speed elements, heavy goods transport, hazardous or illegal use).
- Damage other than impacting on the exterior of the motor vehicle.
- If the damage is incurred in the Christoffelpark nature reserve area, on dirt roads or the plain of Hato. Furthermore, roadside assistance for technical problems and towing services will not be provided in these areas.
- Damage caused by ignoring warning lights and/or temperature, oil or other gauges.
- Damage caused or aggravated by continuing to drive with an overheated engine or an engine without sufficient oil.
- Damage to or loss of goods or injury to persons inside the motor vehicle.
- If the driver is driving the motor vehicle illegally or without the rental company’s authorisation.
- Damages exceeding the statutory liability amount (Naf 150,000, i.e. one hundred and fifty thousand Netherlands Antilles Guilders).
- If in the event of damage, the hirer is unable to produce a Forensys report (telephone 199), or if the hirer expresses his opinion on who is to blame.
- If the hirer does not immediately report the theft of the vehicle, or parts thereof, to the authorities, or if he is unable to produce an official report thereof.
- If the driver was under the influence of alcohol, drugs, medication or was otherwise intoxicated, as a result of which it can be assumed that it adversely affects his driving skills or he is in violation of the law.
- Damage as a result of dealing with matters other than driving the vehicle, including sending text messages and other operations on a mobile phone or similar device.
In the event of an accident/collision, the hirer is obliged to:
- immediately notify the rental company and contact the Road Service, by calling 199;
- alert the traffic police (call 911), if necessary
- subsequently follow the instructions of the rental company, such as submitting witness statements and/or other documents relating to the event;
- at all times submit or otherwise provide the rental company with a fully completed and signed damage report form from the Road Service, within 24 hours unless otherwise agreed in writing;
- refrain from any assumption of guilt in any way, shape or form.
- never leave the vehicle behind until after having properly activated all safety devices against accidents, theft and burglary that are fitted to and in the vehicle.
- grant the rental company and any persons to be appointed by the rental company every assistance to set up a defence against third-party claims or obtain compensation from third parties and to submit to the rental company all documents and letters, etc. received by or served on the hirer/driver in connection with the accident.
If the car is to be towed away, call the rental company first. If the rental company cannot be contacted, call for roadside assistance instead.
5) Special condition;
The excess in the event of damage, theft, etc. which occurred at Bapor Kibra (Seaquarium, Mambo, Wet & Wild, Cabana, etc.) is twice (double) the deposit.
The motor vehicle must be returned containing the same amount of fuel as when it was made available. The hirer is aware of that fact that if the fuel level is lower, an amount will be charged (a minimum of Naf 15) which is considerably higher than the actual cost of refuelling. Only super petrol must be used to refuel (yellow at the pump).
If the fuel gauge indicates that a quarter of fuel is left, you are advised to refuel. The quality of the petrol is mediocre and you are, therefore, asked to never completely run the tank dry.
7) Securing the vehicle;
When leaving the vehicle, it must be locked and all safety measures must be activated. During night time, the motor vehicle must be parked indoors, in a locked garage or similar.
In the car, you can find an anti-theft clamp; this must be used at all times.
If the car comes with a starter immobiliser, the hirer must ensure that it does not get wet. In the event of loss or water damage, an amount of Naf 150 will be charged.
8) Breakdowns, car trouble, etc.;
In the event of a breakdown or other car trouble, the roadside assistance or the rental company must be notified as soon as possible. Vehicle breakdowns that have been repaired by the hirer himself cannot be charged to the rental company. Towing costs charged by a company other than the towing company of the rental company are never refunded.
The hirer must give the rental company every assistance to repair a breakdown. The rental company cannot be held liable for indirect damage.
The hirer must regularly check the water and oil levels, as well as tyre pressure, give the rental company the opportunity to service the car in consultation with the hirer, including repairs and the annual inspection. In the event of damage due to negligence, the costs will be at the expense of the hirer.
Changing and repairing a flat tyre is the responsibility of the hirer. If the car is handed in with one or more flat tyres, an amount of Naf 15 will be charged, per tyre. If damage to the tyres is caused or aggravated (e.g., due to excessively high or excessively low pressure or continuing to drive on a flat tyre), any damaged tyres will be replaced with new ones at the expense of the hirer.
10) Payment and commencement of contract;
The rental price is payable in advance. The deposit can never serve as payment of the rental price in advance. If the motor vehicle is picked up later than agreed, the hire period and price will start from the contractually agreed time.
If the rental price is settled by credit card, the hirer will be charged a 5% administration fee of the rental price and/or deposit payable. Payment in advance of the rental price and the deposit serves to cover payment of the rental price, settlement of the excess and payment of all other costs the hirer is obliged to pay. The deposit in relation to the excess will only be settled once the vehicle has been returned to the rental company. The hire company will at all times be entitled to demand from the hirer payment security or a payment instruction by credit card, both when entering into and in the event of a possible extension of the rental agreement. Such authorisation is irrevocable.
11) Returning the vehicle;
The motor vehicle must be returned clean. If the motor vehicle is not clean, an amount of Naf 15 will be charged. In the event of an extremely dirty interior, it will be cleaned by a professional cleaning company. The costs thereof are Naf 125 and they are payable by the hirer.
When returning the vehicle before the end of the rental period, no refund will be given. Exceptions apply.
The motor vehicle must be returned on the date and time as indicated in the contract. If the hirer wishes to return the motor vehicle at a different date and time, this must be agreed with the rental company in advance.
If the motor vehicle is returned after the expiry of the rental period, Naf 21 (US $ 12) will be charged for the first hour or part thereof. If the motor vehicle is returned even later, a full day will be charged. If the motor vehicle has still not been returned eight hours after the expiry of the rental period, the authorities will be notified.
If it has been agreed that the rental company, after returning the car, will drive the hirer, the hirer must strictly adhere to the agreed time as stated in the rental agreement. If the car is returned earlier or later, the rental company is not obliged to drive the hirer and the hirer must arrange for alternative transport.
12) Failure to return the vehicle and recovery thereof;
The rental company will at all times be entitled to claim back or recover the vehicle without a notice of default or judicial intervention. If this recovery is made on account of reasons listed under “Exclusions”, costs will be charged. The hirer must do everything within his power to ensure that the rental company is given immediate access to the motor vehicle and keys. The hirer, if this situation arises, hereby grants the rental company permission to enter the sites or buildings where the motor vehicle is located in order to recover the motor vehicle. The rental company is not subject to any obligation to deliver.
If, due to a defect in the hired vehicle, continued driving with the vehicle is impossible, the hirer will only be entitled to a replacement vehicle if another car is available within the company. Other costs or (indirect ) damages are not reimbursed. In all other cases in which continuing to drive is impossible, the hirer is not entitled to a replacement vehicle and he will be refunded instead.
The rental company can never be held liable for damaged loads, regardless of the cause thereof. The hirer, even if this is a natural person not acting in the course of a profession or business, is deemed to have any damage covered through insurance of his own.
The hirer is entitled to a replacement vehicle (if available) or a refund of (part of) the rental price already paid, if the hirer is not to blame in the event of a collision.
13) Legal provisions;
The motor vehicle must be driven in accordance with the applicable laws, rules or regulations of the authorities. In the event of offences, the costs and consequences will be at the expense of the hirer. Both the hirer and drivers of the motor vehicle are jointly and severally liable. Any collection fees and statutory interest rates (2% per month) are payable by the hirer. All decision-making powers rest with the rental company. In the event of a dispute, the court of the first instance of the Netherlands Antilles will be appointed as the competent judicial authority.