General terms and conditions

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 Servic (phonenumber 9233).
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 (+5999 687 5496).
3. Call Forensys, (telephone number 9233 / + 5999 461 3282);
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.
1. Article 5.1 is thereby suspended but does not excluded.
2. Article 5.4 remains in full force
3. 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.
  1. The payment arrangement does not release the tenant from the obligation to pay the full rent.
  2. Payments must be made before or at the latest on the payment dates stated on the arrangement.
  3. 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.
1. In this case, replacement transport will primarily come from the lessor's own fleet.
2. If the lessor cannot provide replacement transport, an equivalent car will be sought from fellow car-rental companies.
3. 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.
1. Fines imposed as a result of default by the lessor are excepted. (For example, because the car papers are not up to date)
2. 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.