Article
1: The parties.
- LT
Carrental (LongTerm Car-rental Curaçao), established in Willemstad, Curaçao and
registered in the trade register of the Chamber of Commerce and Industry under
number 151222, hereinafter referred to as "the lessor".
- The
person / persons named on the contract / rental agreement, hereinafter referred
to as "the renter"
Article
2: Agreement.
- The
lessor rents out the specified car, as stated on the rental agreement, to the renter
for the specified period.
- These terms
and conditions, the rental agreement and the invoice / payment arrangement with
the applicable rate provided to the renter in advance, are to be considered as
inseparable parts of the agreement.
- By
signing the rental agreement, the renter also declares to agree and accept these
general terms and conditions.
- Renter
is also understood to be the driver (s).
Article
3: Deposit / Deductible.
- Before
booking the car, the renter has made a payment in the amount of the deposit /
deductible. After confirming receipt of this payment, the reservation is final.
- The
deposit serves to cover the mandatory deductible of the insurance and to pay
all other costs to which the renter is obliged.
- The
deposit will only be settled once the car has been returned to the lessor.
Article
4: Cancellation / reservation.
- If the renter
wishes to cancel the reservation within one month before the start of the
rental period, the deposit will not be refunded.
Article
5: Payment and commencement of the contract.
- The rent
must be paid in advance.
- The
prepayment of the rent serves to pay the rent due.
- The
agreement will commence no sooner than after the (first term of the) payment of
rent due has been made.
- Early
termination of the agreement (before the end of the agreed rental period) does
not entitle the renter to a refund of rent already paid, nor does it release
the renter from the obligation to pay the remaining rent. (Exceptions to this
are possible but only after prior consultation with and approval of the lessor)
Article
6: The condition of the car.
- The
lessor declares that the car is in good motor and mechanical order, the
bodywork and paint are in good condition and the car is equipped with car
papers and (emergency) spare wheel with associated tools. Any deviations are
stated on the contract.
- The car
must be returned in the same condition as when it was issued.
Article
7: Rules of use.
1. In, or
with, the car it is prohibited to;
1. participate
or take part in speed races or road races;
2. drive
"off-road";
3. transport
animals;
4. smoke;
5. sit on
the seats with wet swimsuits;
6. leave
bags and / or other items behind;
7. park
elsewhere than on enclosed and / or monitored and illuminated areas at night;
8. drive
with the provided "emergency wheel" (the spare tire) other than to
reach a place where the car is safe and / or a tire service where the flat tire
can be repaired or replaced.
2. It is
also prohibited to use the car or to have it used;
1. for a
purpose contrary to the law;
2. to give
driving lessons;
3. to push
or tow any other vehicle or trailer;
4. for transport
of persons or goods in violation of any law of the country of Curaçao;
5. by a
driver other than the one(s) contractually agreed with the lessor;
6. by a
driver who is under the influence of alcoholic and / or narcotic drugs or who
may otherwise be deemed unable to drive the vehicle in a responsible manner.
7. other
than for which the car is intended: passenger transport. (personal luggage is
included)
3. You must
keep the car clean.
Article
8: Damages.
- All
damage, theft, vandalism, burglary, etc., regardless of how it occurred, and
damage caused as a result of a collision / accident in which the renter is to
blame for the accident and / or when the damage cannot be claimed from a
counterparty, ( including the rent for the period that the car is in repair or
until it is released by the authorities) is at the expense of the renter up to
the amount of the deposit / deductible.
- The
lessor will keep the deposit until the car is repaired and all bills have been
settled.
- If the
renter wishes to continue the rental agreement of the car after a collision /
accident / damage, a new deposit / deductible must be paid.
- Whether
the rental agreement will be continued after a collision / accident / damage is
entirely and exclusively at the discretion of the lessor.
Article
9: Exclusions.
1. If
damage is caused by one or more of the points below, all costs will be at the expense
of the renter without any limitations, including the rent for the period that
the car is being repaired or until it is released by the authorities;
1. Damage
caused:
1. by gross
negligence or improper use of the car by the renter or driver.
2. If the
car is used for purposes other than normal passenger transport (speed races,
speed driven tour, transport of heavy goods, dangerous or illegal use).
3. If the
damage occurred in places other than common and accessible by normal
transportation. (Among others, off-road locations, unpaved roads and paths / tracks.)
Also,
assistance for technical problems and towing service within these places will
be cancelled.
2. Other
damage than of external causes:
1. Damage
caused by ignoring warning lights and / or temperature, oil or other meters.
2. Damage
or consequential damage caused or aggravated by driving with a boiling engine
or an engine without sufficient oil.
3. Damage
to or loss of goods or injury to persons in the car.
4. If the
driver drives the car unlawfully or without authorization from the lessor.
5. Damages
that exceed the legal liability sum (ANG 150,000, say one hundred and fifty
thousand Dutch Antillean Guilder).
6. If, in
case of damage, the renter has not reported to the lessor and has not notified
Forensys/Curaçao Road Service (telephone number 199).
7. If the
renter does not immediately report the theft of the car or parts thereof to the
authorities or cannot provide an original report of this.
8. If the
driver was under the influence of alcohol, drugs, medication or was otherwise
in a state where it can be assumed that it has a negative effect on driving
ability or is contrary to the law.
9. Damage
caused as a result of engaging in matters other than driving the car, including
activities on a mobile telephone, etc.
10. Damage
and/or consequential damage caused as a result of refueling with fuel other
than prescribed in article 11, under 2.
11. Damage
and/or consequential damage caused as a result of non-compliance with the stipulation
described in article 11 under 3.
Article
10: Obligations.
1 In the
event of an accident / collision / damage, the renter is obliged;
1. To leave
the car at the exact location where the accident / collision occurred until the
Forensys inspector indicates that it can be moved. (Failure to comply with this
provision will void the insurance entitlement and all resulting costs will be
recovered from the renter);
2. Immediately
inform the lessor (+59996875496).
3. Call
Forensys, (telephone number 199 / + 59997471333);
4. If
necessary, alert the police, (telephone number 911/917)
5. Follow
the instructions of the lessor, such as submitting witness statements and / or
other documents related to the event;
6. To
refrain from acknowledging guilt in any form;
2. The car
may never be left unattended unless proper use has been made of all safety
devices against accidents, theft and burglary that have been fitted and
supplied to and in the car;
3. To
provide the lessor and any persons to be designated by him with all requested
cooperation in defense against claims from third parties or to obtain
compensation from third parties.
4. All
documents and letters etc. that are received by the renter / driver in
connection with an accident are to be handed over or made available to the
lessor.
Article
11: Fuel.
- The car
must be returned with a full tank, as it was delivered. If the gas tank is not
completely filled, the costs of the petrol increased bij ANG 50 will be
charged.
- Only
super petrol / gasoline must be refueled (yellow at the pump).
- If the
fuel gauge indicates a fuel capacity of ¼ it is advisable to refuel. It is not
allowed to empty the tank of the car all the way to the reserve fuel; The
quality of the gasoline on Curaçao is not always good. When the fuel tank is
completely emptied, it is possible that sediment will get into the engine and
it can be damaged or break down.
Article
12: Security.
- When
leaving the car, it must be locked and all safety measures must be put into
effect.
- The car
must be parked within a closed area at night.
- The car
must be parked in full view as much as possible at all times. If that is
impossible, at least the front must be visible.
- Never
leave things behind in the car that may seem interesting to burglars. (Note:
this also applies to items that hardly represent any or have no value for the renter!)
Article
13: Disruptions, breakdown etc.
1. In the
event of a malfunction or breakdown, the lessor must be notified as soon as
possible.
2. Self-resolved
disruptions to the car cannot be charged to the lessor.
3. Costs
for resolving problems that could easily have been prevented by the renter
(empty battery as a result of the lights being forgotten to turn off, opening
of the car due to forgotten keys, changing a flat tire, etc.) are at the
expense of the renter.
1. After
notification of a problem mentioned in previous sub, the lessor can choose
between
1. Hiring
external specialized help, if desirable or deemed necessary for operational or
technical business management.
The
resulting costs will be at the renters expense.
2. Solve
the problem with own resources.
Charges
will apply and are;
1. ANG 25.-
plus ANG 0,75 per kilometer driven (back and forth) during opening hours.
2. ANG 50,-
plus ANG 0,75 per kilometer driven (back and forth) non-office hours
4. Towing
costs by any other than the towing company of the lessor will never be
reimbursed.
5. The renter
must fully cooperate with the lessor to resolve a malfunction.
6. Lessor
cannot be held liable for consequential damage.
7. The renter
must ensure that the coolant and oil level as well as the tire pressure are
checked regularly.
8.The
renter must, in consultation with and at the request of the lessor, give the
opportunity to have the car serviced, to have necessary repairs performed and
to have the mandatory periodic inspection made possible. In the event of damage
due to negligence of these terms, the (extra) costs are for the renter.
Article 14: Tires / rims.
- Change and repair of flat tires must be done by
the renter. This must be done within 24 hours after observation. The spare
wheel supplied with the car is a so-called emergency homecoming wheel and is
not suitable for large distances and high speeds.
- If no tire service is available (Sundays and
public holidays), or when the tire and/or rim are beyond repair, the renter
must contact the lessor.
- If the car is returned with one or more flat
tires, ANG 75.- will be charged per tire.
- If damage is caused to the tires or speeded up
(for example due to too high or too low pressure or to continue driving with a
flat tire), the damaged tires and rims will be replaced by new ones at the
expense of the renter.
- The replacement of broken tires and rims must
be done at and by a tire specialist / car company to be determined by the
lessor.
- Tires and rims replaced by the renter without
prior approval of the lessor will not be accepted and replacement thereof will
still be charged to the renter without reimbursement of costs made.
Article 15: Additional terms and conditions for
long-term rental.
- Long-term rental is understood to be a rental
period of more than 42 consecutive days.
- If the rental period is two months or more, the
car must be presented to the lessor for inspection at least once a month.
- If the rental period is more than two months, a
payment arrangement can be offered to the renter.
- Article 5.1 is thereby suspended but does not excluded.
- Article 5.4 remains in full force
- By accepting the payment arrangement offered by
the lessor to the renter, the latter also agrees to the terms and conditions
stated below, in addition to points 1 and 2 of this article.
- The payment arrangement does not release the
tenant from the obligation to pay the full rent.
- Payments must be made before or at the latest
on the payment dates stated on the arrangement.
- In the event of non-payment or late payment or
if the rental period is terminated early, the payment arrangement will be
withdrawn and expire and the remaining rent will become immediately due and
payable.
- Failure to comply with the
provisions in this article may lead to dissolution of the agreement without the
right to a refund of rent and/or deposit already paid.
Article 16: Returning the car.
- The renter must return the car in a
controllable state. If the car is too dirty from the inside and/or outside, renter
may be charged an extra cleaning fee. With a heavily soiled interior, a
professional cleaning company will take care of the cleaning, and the costs are
at the expense of the renter. (ANG 200.-)
- The car must be returned on the date and time
specified in the contract. If the renter wishes to return the car at a
different time, this must be agreed in advance with the lessor.
- When returning the car before the end of the
agreed rental period without prior consultation with and consent of the lessor,
no refund will be given. Exceptions may apply.
- If, it has been agreed that after returning the
car, the renter will be brought to a location, the renter must return the car
exactly to the agreed time as stated on the rental agreement. If the car is
returned earlier or later, the lessor is not obliged to transport the renter
and the renter shall therefor arrange for transport himself.
Article 17: Non-returning, late returning, reclaiming
or repossessing.
- If the car is returned later than reserved and
paid for, ANG 25 will be charged for the first hour or part thereof.
- If the car is returned more than an hour later,
a whole day (ANG 55) will be charged.
- If the car is not returned within 8 hours after
the rental period has expired, a report will be made to the authorities and all
consequential costs will be recovered from the renter.
- The lessor has the right to reclaim or retrieve
the car at any time without notice or judicial intervention.
- If this recovery takes place due to what is
stated in Article 9, costs will be charged.
- The renter must make every effort to ensure
that the lessor can immediately access the car and the keys.
- The renter already gives the lessor permission
in advance to enter the grounds or buildings where the car is located or is
needed to reclaim the car.
Article 18: Delivery obligation / refund.
- If it is impossible to continue driving the
rented vehicle as a result of a defect in the car, the renter is entitled to
replacement transport, provided that the terms of Article 13 are met.
- In this case, replacement transport will primarily
come from the lessor's own fleet.
- If the lessor cannot provide replacement
transport, an equivalent car will be sought from fellow car-rental companies.
- If replacement transport cannot be offered in
any way, the renter is entitled to a refund of the rent for the period that no
car was available, starting on the first day after the vehicle was no longer
usable.
- If it is impossible to continue driving the
vehicle as a result of an accident / collision / damage that the renter is
found guilty of, the renter is only entitled to replacement transport if this
is available within the company. If this is not the case, the remaining rent
will be reimbursed.
- Other costs or (consequential) damage will not
be reimbursed.
Article 19: Liability.
- The lessor is never liable for damage to cargo,
regardless of how it has occurred.
- The renter is considered to have taken out an
insurance policy for his possible damage.
Article 20: Traffic- and other fines and costs.
- All traffic fines, parking costs and other
costs incurred with the rental car during the rental period are at the expense
of the renter.
- Fines imposed as a result of default by the lessor
are excepted. (For example, because the car papers are not up to date)
- Fines imposed for minor technical defects which
could easily have been resolved by renter or have not been reported to lessor are not excepted. (e.g.
defective lighting)
- Invoices received by the lessor involving fines
mentioned in sub 1 will be paid by the lessor and subsequently invoiced to the renter.
- When requested or deemed necessary, the lessor
will pass on all available (personal) data to the authority that has imposed
the fine.
- The lessor can also charge handling and/or
administration costs.
Article 21: Changes.
- LT Carrental reserves the right to change these
terms and conditions at any time without prior notice.
- If these general terms and conditions deviate
from those published on our website (www.longtermcuracao.com), the latter
apply.
- If the general terms and conditions are changed
during an existing lease, the terms and conditions that apply at the start of
the contract will remain unaffected.
Article 22: Disputes.
- If in the event of a dispute these conditions
do not provide for a definitive answer, the laws and regulations of the country
of Curaçao apply. The legal relationship between LT Carrental and the client is
therefore subject to Curaçao law to the exclusion of any other law.
- A dispute in which the renter and the lessor
cannot reach an agreement will be adjudicated in the first instance exclusively
by the Court of First Instance in Curaçao. (‘Gerecht in Eerste Aanleg te
Curacao’)
Article 23: Language inconsistencies.
- In case of any inconsistencies between the
Dutch and the English versions of these General Terms & Conditions, the
Dutch version will prevail at all times.