Terms and Conditions
Article 1 Definitions and Formation of the Agreement
1.1 The following terms used in these general terms and conditions shall have the meanings set out below, as described by CURA-Rentall:
Car: The car rented by the renter from CURA-Rentall, including all accessories, such as road map, registration documents, insurance documents, first aid kit, and, if rented separately against payment, a navigation system.
Driver: The person who rents the car according to the contract. It is forbidden for the renter to allow anyone other than the driver(s) named in the rental contract to use the car.
Rental Day: A rental day for passenger cars equals 24 hours. This 24-hour period commences at the start of the rental period. CURA-Rentall generally applies a grace period of 30 minutes. If the car is not returned within this grace period, an additional rental day will be charged.
Rental Agreement: The agreement concluded between CURA-Rentall and the renter, in accordance with a contract used by CURA-Rentall, pursuant to which CURA-Rentall makes the car available to the renter.
1.2 The rental agreement will be concluded in writing, unless otherwise agreed. CURA-Rentall reserves the right to refuse any renter without stating reasons.
1.3 If the rental agreement is made verbally instead of in writing, it is considered concluded when the car is made available. Once the keys and rental agreement are handed over, the agreement is deemed to be concluded, and these terms and conditions apply.
1.4 Deviations from the terms and conditions require written approval from CURA-Rentall.
1.5 If the rental agreement is extended, all conditions of the agreement remain in effect unless otherwise agreed in writing between the parties.
Article 2 Obligations of the Renter
2.1 The renter must take good care of the car, keep it in good, unchanged condition as described in the rental agreement, and return it on time and place with all accessories, keys, and documents. The car must not be used for any illegal purpose or for purposes for which it is unsuitable.
2.2 Within the meaning of these terms and conditions, the following use of the vehicle by the renter is in any event, but not exclusively, prohibited: pushing or towing a vehicle or trailer (unless the car is equipped with a tow bar), participation in races, use of the car in areas where no paved roads are present, transporting animals, using the vehicle for driving lessons, and use of the vehicle by a driver who is not listed as renter or driver in the rental agreement. Only persons designated as drivers in the rental agreement are permitted to drive the vehicle, unless otherwise agreed in writing. In such case, the renter shall ensure that these drivers possess the required authorization and the physical and mental fitness necessary to operate the vehicle. The renter is not permitted, except with the prior written consent of the lessor, to re-rent the vehicle or otherwise make it available to a third party.
2.3 Defects must be reported to CURA-Rentall. CURA-Rentall will decide how and by whom the defects will be repaired.
2.4 Flat tires or damage to tires is the renter’s responsibility, as it depends on the driver’s behavior. This is not covered by the insurance. Replacement of tires must be carried out in consultation with the lessor.
2.5 In the event of an accident: the vehicle must not be moved. The renter is obliged to contact Curaçao Road Service, reachable at number 9923. Curaçao Road Service will prepare a report, which serves as proof for insurance purposes.
2.6 Partly in connection with the insurance conditions, the renter is obliged to: The renter is obliged to notify CURA-Rentall as soon as possible of any accident and to refrain from any admission of liability in any form. The renter may only leave the vehicle after it has been properly secured against accidents, theft and burglary, whereby, in the case of an all-risk insurance, the use of a external steering wheel lock is mandatory at all times. If the obligations described in this article are not complied with, the renter shall be liable for additional administrative costs, in addition to any possible compensation for damages. In the event of negligence, all damage shall be entirely at the expense of the renter. The excess applies per incident.
2.7 Theft, embezzlement or other misappropriation, as well as seizure of the vehicle, must be reported immediately by the renter to CURA-Rentall. The renter is obliged to report theft, embezzlement or other misappropriation to the police within two working days after the theft, embezzlement or misappropriation and to provide CURA-Rentall with a copy of the police report within two working days after filing the report.
2.8 Damage resulting from driving under the influence of alcohol or drugs is entirely the responsibility of the renter.
2.9 If the renter does not return the vehicle with a full fuel tank at the end of the rental agreement, CURA-Rentall is entitled to refuel the vehicle at the renter’s expense. In addition to the fuel costs, CURA-Rentall shall charge the renter a refueling service fee.
2.10 The renter must properly lock the vehicle when it is not in use. Furthermore, the renter must at all times ensure that the vehicle contains sufficient oil and coolant and that the tire pressure is correct. The renter is fully responsible for refueling the vehicle with fuel suitable for the vehicle. Costs of normal maintenance shall be borne by CURA-Rentall.
Article 3 Liability of the Renter
3.1 The renter is liable for all damage resulting from the violation of the foregoing provisions, as well as for all acts and omissions of the driver, passengers and all others who are in the vehicle, use the vehicle or have factual control over it.
3.2 The renter is liable for all costs, fines and other measures related to the violation of any legislation, increased by a contribution to the administrative costs of CURA-Rentall or third parties (at the rates applied by such third parties).
3.3 The renter is obliged to return the vehicle in a clean condition. In the event of non-compliance with this obligation, cleaning costs may be charged, with a minimum of ANG 50.00.
3.4 In the event of damage to or defects in the vehicle, the renter is not permitted to use the vehicle if such use may lead to an aggravation of the damage or defects, or to a reduction in road safety.
3.5 If an excess is agreed upon in the rental agreement, the renter’s liability for damage per damage event shall be limited to the amount of the excess, unless:
- the damage resulted from the use of the vehicle on unpaved terrain, or from use of the vehicle on terrain for which the vehicle is evidently unsuitable, or on terrain of which the renter or driver has been informed that access is at their own risk;
- the damage was caused with the consent of, or as a result of intent or gross negligence on the part of the renter;
the vehicle was rented out or otherwise made available to a third party, even if the lessor has approved this; - the damage concerns any loss or damage caused to third parties by or with the vehicle, and the statutory third-party liability insurance taken out for the vehicle provides no coverage due to a breach of any provision of the insurance policy. The insurance policy terms are available for inspection at the lessor and will be provided to the renter free of charge upon first request;
- the damage resulted from the loss of the vehicle and/or the vehicle keys, the alarm system controls, and/or the vehicle documents (such as the registration certificate and border documents) not being returned to the lessor;
- the damage resulted from the materialization of risks associated with the transport, storage, loading or unloading of hazardous, explosive, flammable, oxidizing or toxic substances.
Article 4 Obligations and Liability of CURA-Rentall
4.1 CURA-Rentall is obliged to remedy defects if, and insofar as, it knew or should have known of such defects at the time of entering into the rental agreement. If CURA-Rentall fails to remedy the defects, the rental price shall be reduced in proportion to the defect.
4.2 The vehicle shall be collected from the lessor. The renter has the right to inspect the vehicle prior to, upon, or during the actual delivery, or to have it inspected. If the renter fails to do so, or if no damage report is drawn up between the parties, the vehicle shall be deemed to have been delivered in accordance with the agreement, and therefore in proper, good and undamaged condition.
4.3 The liability of CURA-Rentall is limited to the amount owed by the renter to CURA-Rentall.
4.4 CURA-Rentall ensures that the vehicle is covered by statutory third-party liability insurance, including passenger insurance. The renter’s personal belongings are not insured. Therefore, the renter is advised not to leave valuable items in the vehicle. CURA-Rentall shall not be liable for loss of or damage to such belongings.
Article 5 Payment
5.1 Payment Terms: A deposit of 50% of the rental price is required to confirm the reservation.
5.2 If payment is made by invoice, the payment term is 2 working days.
5.3 If the renter fails to make payment within the period referred to in paragraph 2, the renter shall be in default by operation of law and shall owe the lessor default interest of 1.5% of the invoice amount for each month that payment remains outstanding. For the purpose of calculating interest, part of a month shall be considered a full month.
5.4 If the renter has chosen to pay in a currency other than the currency used by CURA-Rentall at the time of reservation, CURA-Rentall shall apply an exchange rate based on the exchange rate of MCB Bank.
5.5 If the renter fails to return the vehicle on the agreed return date in proper condition and with all keys, documents and other items, CURA-Rentall is entitled to charge the security deposit until all items have been fully returned to CURA-Rentall.
5.6 In the event of damage and/or theft, embezzlement or misappropriation, the renter shall owe the security deposit to CURA-Rentall, in addition to the full obligation to compensate all damages that may arise in such cases.
5.7 Any security deposit paid shall not be returned until the vehicle has been physically received by the lessor. In the event of damage, the security deposit shall not be returned until it has been determined that the amount of the damage does not exceed the amount of the excess, after which the security deposit, minus the amount of the damage, the rental fees due and any additional costs, shall be refunded.
Article 6 Termination
6.1 CURA-Rentall is entitled to terminate the rental agreement without prior notice of default or judicial intervention and to repossess the vehicle, without prejudice to its right to compensation for costs, damages and interest, if it appears that during the rental period the renter fails to comply, in whole or in part, or in a timely or proper manner, with any of its obligations; in the event of the renter’s death, placement under guardianship, application for suspension of payments or bankruptcy; relocation of the renter abroad; governmental requisition or seizure of the vehicle; or if circumstances arise during the rental period of which CURA-Rentall was not aware at the commencement of the rental and which are of such a nature that, had CURA-Rentall been aware of them, it would not have entered into the rental agreement. The renter hereby authorizes CURA-Rentall, or persons designated by CURA-Rentall, to verify the location of the vehicle and/or to repossess the vehicle. In the event that the vehicle is repossessed by CURA-Rentall, CURA-Rentall retains all rights to recover from the renter any costs incurred or damages suffered as a result of the termination of the agreement.
Article 7 Protection of Personal Data
7.1 CURA-Rentall stores and uses the renter’s personal data for the performance of the agreement and for compliance with statutory obligations.
7.2 In the event of a breach by the renter, or (suspected) criminal acts committed by the renter and/or driver, the provided data may be included in the warning system used by CURA-Rentall.
