General Terms and Conditions of The Reef Car Rental B.V.
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Article 1: These General Terms and Conditions of The Reef Car Rental B.V., hereinafter referred to as: ‘lessor’, apply to all rental agreements. The tenant declares to agree with the general terms and conditions of the lessor. Only persons who are designated as renters or (co-)drivers in the rental agreement may drive the vehicle. Driving the vehicle is only allowed for people from 23 years of age or older who are in possession of a valid driver’s license B. When concluding the rental agreement, identification by means of a driver’s license and a passport is required. The renter is not allowed to make the vehicle available to a person who is not mentioned as a renter in the rental agreement. The renter is liable to the lessor in the same way as for his own conduct for the conduct of those who drive or use the vehicle with his consent.
Article2: The rental period established with the final reservation is binding on the parties. The reservation is final from the moment that the landlord has received the deposit or the rent. The rental agreement is entered into for the period and the rate as agreed upon with the final reservation. However, the landlord reserves the right to refuse a tenant without stating reasons. In the event of cancellation of the lease by the tenant, the tenant owes the full rent. The renter obliges himself to pay the agreed rent in full, even if the car is collected later or returned earlier. No refund of the agreed rent will be given.
Article 3: The renter is deemed to have received the car in good condition. The lessor as lessor is deemed to have delivered the car in good condition. The tenant is obliged to make the rented property available to the landlord again at the end of the rental period in the same condition in which it was accepted. If the vehicle is not delivered in a correct condition on the day of return, i.e. provided with all keys, documents and other items, the lessor is entitled to charge the rental of the car until all items have been fully returned to the lessor. The renter hereby authorizes the lessor or a person designated by him to open the vehicle, where the vehicle is located, or to take possession of the vehicle again.
Article 4: The tenant must have paid the total rent 14 before his rental date. The deposit can be paid upon arrival before his lease. If the reservation has not been paid in full before 14 days before arrival, the company reserves the right to cancel the reservation.
Article 5: Renting a car is at your own risk. The tenant is liable for any form of damage to the tenant, third parties and/or goods that arise during the rental period. The tenant indemnifies the landlord against any form of damage to the tenant, third parties and/or goods occurring during the rental period. The tenant indemnifies the landlord against all fines, sanctions and other measures imposed on the landlord in respect of criminal offenses committed by the driver and/or passenger(s) during the rental period. Fines, sanctions and other measures and costs ensuing therefrom, including, but not limited to administrative costs of the landlord and/or third parties, will be borne exclusively by the tenant.
Article 6: The renter must handle the vehicle as befits a good renter. The hirer shall ensure that the vehicle is used in accordance with its intended use. The costs associated with the use of the vehicle, such as costs for fuel, cleaning and parking, are for the account of the renter during the rental period. The renter may not rent out the vehicle. The renter may not use the vehicle for driving lessons. The renter may not make any changes or repairs to the vehicle without written permission from the lessor. The renter may not compete with the vehicle. The renter may not use the vehicle for commercial passenger transport. The renter may not use the vehicle to commit criminal offenses. The renter may not use the vehicle for the transport of flammable, toxic or otherwise dangerous or prohibited substances. If the renter observes damage or defects, the renter is not allowed to use the vehicle if this could lead to aggravation of the damage or defects or a reduction in road safety. The renter is obliged to report known and observable defects, damage to or with the vehicle or loss of the vehicle as soon as possible. The renter must maintain the oil level and tire pressure (or have it maintained). The tenant must at all times comply with the applicable legislation and traffic regulations. The renter undertakes to only drive on paved roads and may not drive the vehicle off-road. It is prohibited to use alcohol and/or narcotics and/or medicines during or before the ride that (may) affect the driving ability. If the driver is under the influence of alcohol and/or narcotics and/or medicines that (may) affect the driving ability at the time of a damage-causing event, the renter is liable for this damage and the full damage will be recovered from the renter.
Article 7: The renter must comply with a call from the lessor to present the car for regular maintenance. Such a call from the landlord will be made in good time so that the tenant can reasonably comply with it. For a rental period of one month or less, the renter is not obliged to present the vehicle for regular maintenance.
Article 8: The cars of the lessor are insured by means of a third-party liability coverage, additional hull coverage with a maximum third-party liability coverage of 150000Naf. The tenant has been informed about this and agrees to this insurance cover and the insurance conditions when entering into the rental agreement. There is a deductible of 1000Naf per claim. Damage above the third-party liability coverage of 150000Naf is fully recovered from the tenant, who indemnifies the landlord for all costs in the event of damage. The tenant acknowledges to be liable for all damage to the rented property, regardless of whether this damage is caused by negligence, negligence, carelessness, gross negligence or intent during the use of the rented property. Glass damage and/or breakage, punctures, damage to rims or wheel covers, as well as interior damage are excluded from any cover and will be fully borne by the tenant. Damage that is not reimbursed by the insurer on the basis of the policy conditions, will be recovered in full from the tenant.
Article 9: – The car must be parked in a closed area between 10 p.m. and 6 a.m. The tenant is obliged to lock the car at all times when parking. The vehicle may never be left unattended if the vehicle is not locked. The renter is liable for all damage as a result of not locking the vehicle.
Article 10: The tenant is liable for all damage because of theft as well as all other damage caused or caused to the rented object, regardless of whether the damage was caused by acts or omissions of the tenant or third parties.
If the vehicle is involved in a traffic accident, the renter is obliged:
– Notify the landlord immediately;
– immediately warn Curacao Road Service and the police;
– to leave the vehicle exactly as it was if damage was found, so DO NOT move it;
– to immediately complete the claim form and to collect all details of any persons and vehicles involved in the accident, as well as to note the details of any witnesses;
– to refrain from acknowledging guilt in any form whatsoever;
– only leave the car after the car has been adequately secured against accident, theft and burglary;
– To provide the requested cooperation to the lessor and the insurance company with regard to any claims from third parties.
If the above is not complied with, all rights to compensation from the insurer will lapse and the entire damage will have to be paid by the tenant. In the event of theft or loss, the renter will be charged an excess of 1000Naf. In the event of theft, the renter must hand over the key to the car to the lessor. If the renter is unable to provide the key, the current value of the car will be recovered from the renter. If the total damage is not immediately paid, not only the costs of the deductible but also all recovery costs are for the account of the tenant.
Article 11: Flat tires or damage to tires is in all cases entirely at the expense and risk of the renter. In the event of car breakdown during the rental period through no fault of the renter, the lessor will ensure that the vehicle is repaired within 7 working days. The recovery time starts from the moment a report is made to the emergency number. If repair is not possible, the lessor will offer replacement transport if possible. The renter is not entitled to replacement transport if the damage has arisen as a result of acts or omissions in violation of article 6, or due to irresponsible driving, willful act or omission, recklessness bordering on intent, gross negligence or gross negligence on the part of the renter ( including if the driver has caused a collision and/or accident under the influence of alcohol and/or narcotics and/or medicines that (may) affect the driving ability). If the above solutions are not possible for whatever reason, the landlord will offer a refund of the rent for every day not enjoyed.
Article 12: If the vehicle is returned too late without the prior express consent of the lessor, the hours will be charged pro rata. If the vehicle is not collected on the agreed date, the lessor is entitled to dissolve the agreement without repayment of the deposit.
Article 13: Lessor reserves the right to cancel under certain circumstances, expressly including weather conditions, without mutual costs. This will be done, among other things, if the safety of the tenant threatens to be endangered, and is entirely at the discretion of the landlord.
Article 14: When concluding the rental agreement, the tenant pays a deposit of EUR 300 / USD 300 / 600Naf (max. 2 drivers). If the vehicle is not damaged upon return, the deposit will be refunded by the lessor. The deposit is paid in cash. The lessor is entitled to settle the amount of any compensation against the deposit. The deductible per claim is set at 1000Naf. In the event of damage, the lessor makes an inventory of the amount of compensation to the lessor. Any remaining part of the deposit that remains after deduction of the compensation, the tenant will receive back in cash. When it is established that there is no damage, the tenant will receive the full deposit back.
Article 15: The tenant will take care of the rented property as a good manager. The lessor is at all times entitled to take the rented property after misuse by the tenant without refund of the rent. In the case of long-term rental, the tenant must have the inside and outside of the rented property washed monthly. In case of long-term rental, the renter must submit a receipt for the car wash at the monthly check, which shows that the vehicle has been washed by a car wash in the month in question. The renter must return the vehicle clean. In the event of non-compliance with the obligation to return the vehicle clean, the lessor will charge a minimum amount of USD 75. An amount of 850Naf will be charged for loss or damage to the key.
Article 16: All prices are subject to availability. If your preferred car is not available, we will strive to provide a comparable or superior alternative. However, please be aware that if we need to source a vehicle from a third-party vendor, additional charges may apply. In such cases, you always have the option to cancel your car reservation free of charge if you do not wish to incur additional costs.
Article 17: These general terms and conditions have been published by the lessor. The law of Curacao applies to the relationship between tenant and landlord. The competent court is the court in Curacao. Disputes with regard to this agreement or with regard to everything related to or arising from it, will be submitted exclusively to the competent court in Curacao. Please read these conditions carefully before making a reservation.
These general terms and conditions have been filed by the lessor with the Trade Register Curacao.