General Terms and Conditions
Version 2.6.1
Article 1: The parties.
Article 2: Agreement.
Article 3: Deposit / Deductible.
Article 4: Cancellation / reservation.
Article 5: Payment and commencement of the contract.
Article 6: The condition of the car.
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.
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.
Article 12: Security.
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
a. Hiring
external specialized help, if desirable or deemed necessary for operational or
technical business management.
The
resulting costs will be at the renters expense.
b. Solve
the problem with own resources.
Charges
will apply and are;
i. ANG 25.-
plus ANG 0,75 per kilometer driven (back and forth) during opening hours.
ii. 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.
Article 15: Returning the car.
Article 16: Non-returning, late returning, reclaiming or repossessing.
Article 17: Delivery obligation / refund.
1. 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.
2. 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.
3. Other
costs or (consequential) damage will not be reimbursed.
Article 18: Liability.
Article 19: Traffic- and other fines and costs.
1. 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)
2. Invoices
received by the lessor involving fines mentioned in sub 1 will be paid by the lessor
and subsequently invoiced to the renter.
3. When
requested or deemed necessary, the lessor will pass on all available (personal)
data to the authority that has imposed the fine.
4. The
lessor can also charge handling and/or administration costs.
Article 20: Changes.
Article
21: Disputes.
1. 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.
2. 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
22: Language inconsistencies.
1. 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.
© 2023 LT Carrental Curaçao