Legal

1. The parties

The Lessor rents the motor vehicle stated in the contract to the Renter for the stated period. These conditions form one whole with the contract. Where “Renter” is used, the drivers are also included.

2. The condition of the motor vehicle

The Renter declares that the motor vehicle is in good condition as regards engine, bodywork and paint and is equipped with car documents, accessories, and a spare wheel with the associated tools. Any deviations are stated in the damage report (cascorapport). The car shall be returned in the same condition, save for normal wear and tear.

3. Damage and drivers

All damage, theft, vandalism, burglary, etc., however caused, is at the expense of the Renter if the Renter is at fault for the accident and/or the damage cannot be recovered from the other party, including the rent for the period during which the motor vehicle is under repair or until it is released by the authorities.

1. If the driver is registered on the contract: up to the amount of the deposit
2. If the driver is not registered on the contract, but has held a valid driving licence for 2 years or longer, only damage to third parties (W.A., third-party liability) is covered; the own-vehicle damage (casco) is at the expense of the Renter.
3. If the driver is not registered on the contract and has held a valid driving licence for less than 2 years, all damage is entirely and without limit at the expense of the Renter.
4. If the driver does not hold a valid driving licence at all, all damage is entirely and without limit at the expense of the Renter.

The Lessor shall retain the deposit until the motor vehicle has been repaired and all settlements have been paid.

4. Exclusions

If the damage has been caused by one or more of the points below, the damage is entirely and without limit at the expense of the Renter, including the rent for the period during which the motor vehicle is under repair or until it is released by the authorities.

• Gross negligence, negligence or injudicious use of the motor vehicle by the Renter or driver. If the motor vehicle is used other than for normal passenger transport (speed races, tours with a speed element, transport of heavy goods, dangerous or illegal use).
• Damage other than damage acting on the motor vehicle from outside.
• If the damage has occurred in the Christoffel Park, on unpaved roads or on the Hato plain. In addition, assistance for technical problems and the towing service shall lapse within these areas.
• Damage caused by ignoring warning lights and/or temperature, oil or other gauges.
• Damage caused or aggravated by continuing to drive with a boiling engine or an engine without sufficient oil.
• Damage to or loss of goods or injury to persons who are in the motor vehicle.
• If the driver drives the motor vehicle unlawfully or without authorisation from the Lessor.
• Damage exceeding the statutory liability amount (Naf 150.000,- say one hundred and fifty thousand Netherlands Antillean Courant).
• If, in the event of damage, the Renter cannot produce a Forensys report (telephone 199) or the Renter makes statements about the question of fault.
• If the Renter does not immediately report theft of the motor vehicle or parts thereof to the authorities or cannot produce an original police report (proces-verbaal) thereof.
• If the driver was under the influence of alcohol, drugs, medication or was otherwise in a condition in which it can be assumed that this negatively affects driving ability or is contrary to the law.
• Damage caused as a result of being occupied with matters other than driving the vehicle, including texting and other activities on a mobile phone or the like.

In the event of an accident / collision the Renter is obliged to:

1. notify the Lessor immediately and call the “Road Service”, number 199;
2. if necessary, warn the traffic police (telephone 911)
3. thereafter follow the instructions of the Lessor, such as producing witness statements and/or other documents relating to the incident;
4. at all times within 24 hours, unless agreed otherwise in writing, hand in to the Lessor a fully completed and signed damage report form of the “Road Service” or otherwise deliver it in good time;
5. refrain from admitting fault in any form whatsoever
6. never leave the vehicle other than after proper use of all safety devices against accidents, theft and burglary that have been fitted on and in the vehicle.
7. provide the Lessor and any persons designated by it with all requested cooperation in defending against claims of third parties or in obtaining compensation from third parties, and hand over to the Lessor all documents and letters etc. received by or served on the Renter/driver in connection with the accident.

If the car has to be towed away, first call the Lessor; if the Lessor cannot be reached, the roadside assistance service (wegenwacht) must be called

5. Special condition

The excess (eigen risico) in the event of damage, theft, etc. occurring at Bapor Kibra (Seaquarium, Mambo, Wet & Wild, Cabana, etc.) is two (2) times the deposit.

6. Fuel

The motor vehicle must be returned with the same fuel level as that with which it was taken; the Renter acknowledges that if the fuel level is lower, an amount (minimum Naf 15,-) will be charged for this that is considerably higher than the cost of refuelling. Only super petrol may be used (yellow at the pump).
If the fuel gauge indicates a tank content of ¼, it is advisable to refuel. The quality of the petrol is rather poor, so please never drive the tank completely empty.

7. Securing

When leaving the vehicle it must be locked and all safety measures must be activated. At night the motor vehicle must be parked inside a locked premises.

The car contains an anti-theft clamp; this must be used at all times.
If the car is delivered with an immobiliser (startonderbreker), the Renter must ensure that it does not get wet. In case of loss or water damage, Naf 150,- will be charged.

8. Malfunctions, breakdowns etc.

In the event of a malfunction or breakdown, the technical service or the Lessor must be informed as soon as possible. Malfunctions of the motor vehicle that have been resolved by the Renter themselves cannot be charged to the Lessor. Towing costs by a towing company other than the Lessor’s towing company will never be reimbursed.

The Renter must give the Lessor all cooperation to resolve a malfunction. The Lessor cannot be held liable for consequential damage.

The Renter must ensure that the water and oil levels as well as the tyre pressure are checked regularly, and that, in consultation with the Renter, the Lessor is given the opportunity to have the car serviced, to have repairs carried out and to have the annual inspection performed . In the event of damage due to negligence in this respect, the costs are for the Renter.

9. Tyres

Changing and repairing a flat tyre must be done by the Renter. If the car is handed in with one or more flat tyres, Naf 15,- will be charged per tyre. If damage is caused to the tyres or is hastened (for example by too high or too low pressure or by continuing to drive with a flat tyre), the damaged tyres will be replaced with new tyres at the Renter’s expense.

10. Payment and commencement of the contract

The rent must be paid in advance. The deposit can never serve as advance payment of the rent. If the motor vehicle is collected later than agreed, the rent starts from the agreed moment.

If the rent is paid by credit card, 5% administration costs will be charged to the Renter on the rent charged and/or the deposit due. The advance payment of the rent and the deposit serves to pay the rent owed, to cover the excess (eigen risico) and to pay all other costs for which the Renter is liable. The deposit in respect of the excess is only settled once the vehicle has been returned to the Lessor. The Lessor is at all times, both when the rental is entered into and upon any extension thereof, entitled to security for payment or to obtain an instruction to pay by credit card from the Renter on first request. Such an authorisation is irrevocable.

11. Returning

The motor vehicle must be returned clean. If the motor vehicle is not clean, Naf 15,- will be charged. In the case of a heavily soiled interior, a professional cleaning company will carry out the cleaning; these costs amount to Naf 125,- and are at the expense of the Renter.

If the motor vehicle is returned within the rental term, no refund will be given. Exceptions apply,

The motor vehicle must be returned on the date and time indicated in the contract; if the Renter wishes to return the motor vehicle at a different time, this must be agreed with the Lessor in advance.

If the motor vehicle is returned later than reserved and paid for, Naf 21,- (US$ 12.-) will be charged for the first hour or part thereof, and if the motor vehicle is returned even later, a whole day will be charged. If the motor vehicle has not been returned 8 hours after the end of the rental period, a report will be made to the authorities.

If it has been agreed that the Lessor will take the Renter away after the car has been handed in, the Renter must keep exactly to the agreed time, as stated in the rental contract. If the car is returned earlier or later, the Lessor is not obliged to take the Renter away and the Renter must arrange their own transport.

12. Non-delivery, retrieval or reclaiming

The Lessor has the right at all times to reclaim or retrieve the motor vehicle without notice of default (ingebrekestelling) or judicial intervention. If this reclaiming takes place on account of what is stated under “Exclusions”, costs will be charged. The Renter must do everything possible so that the Lessor can immediately have the motor vehicle and the keys at its disposal. The Renter hereby gives the Lessor, already now for then, permission to enter the premises or buildings where the motor vehicle is located or which is necessary in order to reclaim the motor vehicle. The Lessor has no obligation to deliver.

If continuing to drive the rented vehicle is impossible as a result of a defect in the vehicle, the Renter only has the right to replacement transport if another car is available within the company. Other costs or (consequential) damage will not be reimbursed. In all other cases in which continuing to drive is impossible, the Renter has no right to replacement transport and a refund follows.
The Lessor is never liable for damage to cargo, however caused. The Renter, even if the Renter is a natural person who is not acting in the exercise of a profession or business, is deemed to take out their own insurance for their possible damage.
The Renter has the right to replacement transport (if available) or a refund of the rent already paid, if the Renter has not been found at fault in the event of a collision.

13. Legal

The motor vehicle must be driven in accordance with the applicable laws, regulations or instructions of the authorities. In the event of violations, the costs and consequences are at the expense of the Renter.Both the Renter and the drivers of the motor vehicle are all jointly and severally liable. Any collection costs and statutory interest (2% per month) are at the expense of the Renter.All decision-making authority lies with the Lessor. In the event of a dispute, the Court of First Instance of the Netherlands Antilles will be designated as the competent court.