The following conditions are part of the agreement between Auto huren op Curacao B.V. of Curacao, further to be named AHOC, and the renter stated on the rental contract.
1. The renter is obligated to return the vehicle on the day stated in the rental contract in the same condition the vehicle was delivered to the renter (except for normal wear and tear) including all of the original equipment, tools, documentation and keys belonging to the vehicle. In the event that vehicle is, after obtaining AHOCs consent, returned outside of AHOCs business hours or returned elsewhere, the renter remains responsible for any damage, parking costs, any costs stated in article 4 of these conditions until the vehicle is returned to and inspected by AHOC.
In the event that the renter does not return the vehicle to the agreed location, the renter is required to continue paying rental charges plus an additional daily 75 fine as well as having all limitations of liability being waived. The above mentioned penalties also apply when the renter fails to return the vehicle due to any kind of judicial seizure of the vehicle that is not the fault of AHOC.
1a The dates stated in the final reservation (after AHOC receives a deposit) are final. The renter is required to pay for the number of rental days agreed upon even if the vehicle is picked up later or returned before the dates stated in the final reservation.
2. The renter is prohibited to use the vehicle: A. for any illegal action; B. instructional purposes; C. for pushing or pulling of another vehicle or trailer; D. for transporting people and/or goods that are in conflict with any law of the country where the vehicle is used; E. for any racing or rally event of any kind; F. by a driver that is either physically or mentally incapable of driving the vehicle. Inability to drive the vehicle is automatically assumed when the driver has used any substances that influence driving capabilities; G. by a driver without a valid drivers license; H. by a driver that is not named as driver on the rental contract. The renter is also liable for any damage to the vehicle due to driving on unpaved roads.
3. The renter is responsible for the actions of the driver, passengers and all other occupants that use the vehicle or have the vehicle at their disposal. This includes any actions or events that occur with or without the consent of the renter.
4.The renter is required to handle the vehicle with care. The renter is liable for all costs and fines that are a consequence of violating any traffic or other laws involving the vehicle, including additional administrative costs as a result of the violations.
4a In the case of loss or theft of the vehicles keys, the costs of replacing the vehicles locks and keys will be deducted from the deposit. If the deposit is not sufficient to pay for new locks, the renter is required to pay the rest in cash.
5. The renter is required to lock the vehicle when not in use. The renter is responsible for making sure the vehicles oil and coolant levels are topped up and that the tires have the correct tire pressure. The renter is responsible for filling the fuel tank with fuel suitable for the vehicle. AHOC covers any vehicle maintenance costs after renter obtains prior consent from AHOC. Renter is entitled to have urgent maintenance carried out at a maximum of 150 EURO when prior consent cannot be obtained from AHOC. Any maintenance will be reimbursed only when renter can provide relevant bills and proof of payment of the performed maintenance.
6. Renter is required to contact AHOC immediately in the case of vehicle loss, damage, breakdown or seizure by law enforcement. Renter is prohibited to use the vehicle after vehicle sustains damage that may jeopardize the vehicles safety or worsen the damage or general state of the vehicle until the vehicle is repaired (after first obtaining consent from AHOC).
7. In the case of an accident, renter is required to: a. Inform AHOC of the accident immediately; b. notify Curacao Road Service and/or the Police immediately; c. fill out the accident form and collect all necessary information concerning all the people, vehicles and witnesses concerned; d. refrain from admitting guilt in any way; e. leave the vehicle unattended only when the vehicle is properly secured and locked to prevent damage, theft or robbery; f. assist AHOC and the Insurance company in the defense against any allegations from another party involved in the incident. Extra administrative costs will be charged if the renter does not meet the responsibilities described in this article.
8. If the rental contract does not include All Risk Insurance, the renter is liable for damage in any shape or form as a result of loss of the vehicle (including bedrijsfschade) that occurs from the time of delivery of the vehicle until repossession by AHOC. If All RIsk Insurance is included in the rental contract, the renter is liable for any damage costs sustained during the rental period with a maximum amount as stated in the deductible pertaining to the vehicle stated in the rental contract.
9. The renter must inform AHOC immediately of any fault to the odometer.
11. Renter is responsible for obtaining any required licenses, permits and certificates needed to transport any type of goods in the vehicle.
12. AHOC is only obligated to repair defects that were known or should have been known at the onset of the rental contract and only when reasonably possible (generally and financially speaking). AHOC may dissolve the rental contract due to any other default or deficiency. Renter is entitled to a reduction in rental costs if AHOC knew or should have known about the defects whereby only in this case the renter is entitled to reimbursement of damages incurred due to the defect(s). Only a technical default or defect on the vehicle itself counts as a defect between AHOC and renter.
13. Renter is required to pay the following costs at AHOCs request without the possibility of a counterclaim: a. the costs of the duration of the rental period, where a day of rent is equal to 24 hours, including insurance and other charges; b. the costs of fuel and any possible charges due to renter not having returned the vehicle with the same amount of fuel as at the time of vehicle delivery; c. all other costs and/or fees belonging to this rental agreement and/or other costs and/or fees arising from any other legal obligations.
14. AHOC is entitled at all times to request payment security through credit card authorization before signing or extending a rental agreement. In the case of credit card payment, by signing the rental agreement the renter authorizes AHOC to collect all fees referred to in article 13 via the credit card company. If payment occurs in foreign currency, this will occur according to the exchange rate determined by AHOC.
15. Renter is legally in default if he does not pay the costs and fees referred to in Article 13 of this document. The renter must, without further notice, pay interest equal to the annual interest rate increased by 2%, with a portion of the month counting for one whole month. Renter is required to pay extrajudicial costs at a rate of 15% of the principal amount with a minimum of Naf 125.00, allowing AHOC to recover additional, actually incurred, costs.
16. AHOC has the right to end the rental agreement without notice or judicial intervention and repossess the vehicle and has the right to compensation of costs, damages and interest, if it appears that the renter does not timely or properly comply to his obligations during the rental period; in the event of death, being placed under financial supervision, request for suspension of payment or bankruptcy of the renter; renter moving to another country; upon possession by the government of the vehicle, or by seizure of the vehicle, or due to conditions that AHOC was unaware of at the onset of the rental period, which are such that, had AHOC been aware, would not have issued the rental contract. Renter hereby authorizes AHOC or persons designated by AHOC to investigate vehicles location and/or repossess the vehicle. In the event that the vehicle has been repossessed by AHOC or by the breach of contract, AHOC retains the right to recover the costs and/or incurred damages from the renter.
17. Except in cases of intent or gross negligence of subordinates of AHOC, AHOC is liable for shortcomings not defined in Article 12, limited to the amount of rent that the renter would have to pay AHOC for proper fulfillment of the rental contract.
18. Deviations from the provisions in this agreement are possible only with written permission from AHOC.
19. In the event that one or more provisions of this agreement prove to be void, the remaining provisions shall remain valid.
20. a. AHOC stores and uses the renters personal data for the implementation of the rental agreement. b. renter may request reasonable intervals for transmitting the data as AHOC has registered, or to inspect such. Tenant may request AHOC to update, change or remove specific information. AHOC will respond in accordance with the legal requirements to such a request.
21. In case of renewal of the rental contract, all conditions of the agreement remain valid, unless otherwise agreed to in writing between AHOC and renter. If the total rental period is longer than 30 consecutive days, a new rental contract based on the terms of the original rental agreement will be made for every 30 days which does not need to be signed by the renter. Disputes arising out of or related to this Agreement are subject to the Antillean law and shall be exclusively settled by the court in Curacao, unless the renter, (natural person?) not having rented the vehicle in the exercise of profession or business, chooses settlement by the legally competent court within a month after AHOC asserts its rights stated in this article.
22. Unless the renter has notified AHOC of a change of address, the renter is deemed to have elected domicile at the address stated by the renter at the onset of the rental agreement.
23. The renter is required to undo any changes and/or additions made to the vehicle; the renter cannot claim any right to compensation.
24. The renter is prohibited to allow another person to use the vehicle other than the driver mentioned in the rental contract.
25. Flat tires or damage to tires will be directly billed to the renter as this is directly related to the driving behavior of the driver. This is not covered by the all-risk insurance. The replacement of tires should be done in the presence of AHOC.
26. Jeep Rental: renter may detach the removable plastic parts of the roof which are connected with a zipper but damage due to loss of one or more plastic parts is not covered by the all-risk insurance. The entire roof must / can be folded but must be installed in the case of (possible) rain. Water damage caused by rain (or the like) caused by untimely closure of the hood and the thereby resulting damages are not covered by the all-risk insurance and will be charged to the renter.
27. Terms of payment:
Upon arrival (ie upon signing of the rental agreement) we ask 250 / $ 350 deposit and the agreed (remaining) rental amount in cash. The deposit can be paid by credit card after renter authorizes AHOC for this. We accept Euros, US dollars and Antillean guilders for the remainder of the rent. The amount will be converted by an exchange rate set by AHOC. Renter may also transfer the rent and the deposit to our Dutch Rabobank account, after which we will send a confirmation e-mail. There is an ATM machine available for use at Hato Airport.
In the case of defects constituted after returning the vehicle, returning a vehicle not fully refueled or damages that exceed the deposit, we are authorized to charge the remaining amount to your credit card by way of aforementioned credit card authorization and signed rental agreement.