General Terms and Conditions

Definitions

In these general terms and conditions:

• by "vehicle" is meant: the vehicle or any other object being subject of the rental agreement;
• by "Renter" is meant: the natural individual or legal entity concluding the rental agreement in the capacity of Renter;
• by "The Shop Curaçao Rental" (the company / lesser): the natural individual who signs the rental agreement as a representative of the renting party;
• by "consumer" is meant: the client, being a natural individual, who has concluded the rental agreement while not acting in the course of his/her business or profession;
• by "rental fee" is meant: the amount due to be paid by the Renter to The Shop Curaçao Rental, including fees for additional services and administration;
• by "damage" is meant: any financial loss directly or indirectly suffered by The Shop Curaçao Rental due to:
  • damage to or loss of the vehicle, accessories or parts, or any other object belonging to The Shop Curaçao Rental. This damage includes all costs of repairing or replacing the vehicle, as well as any loss of rental fees;
  • harm or injury inflicted to any individual or object with or by means of the vehicle, for which The Shop Curaçao Rental, the vehicle license-holder or the liability insurer of the vehicle is liable;
  • harm or injury inflicted by the authorized driver to The Shop Curaçao Rental, for which The Shop Curaçao Rental, the vehicle license-holder or the liability insurer of the vehicle, is liable; especially those traffic tickets inflicted by the authorized driver, or
  • fines that are enforced by the judiciary authorities;
• by "driver" is meant: the Renter or the (authorized) individual actually driving the vehicle.

Article 1: Determination of the rental price, the rental period and other costs

1. The rental agreement is entered into for the period and at the rate noted in the rental agreement or otherwise agreed in writing. Solely after permission granted by The Shop Curaçao Rental, is the Renter permitted to return the vehicle at a time outside opening hours of The Shop Curaçao Rental. In that event, the Renter remains liable for all damage occurring until the point in time that The Shop Curaçao Rental has received the vehicle, inspects it or has it inspected during regular office hours.
2. The exact kilometer reading is noted upon commencement of the rental agreement. Establishment of the number of kilometers driven will take place using the odometer. Should this odometer become defect, The Shop Curaçao Rental must immediately be made aware of this by the Renter.
3. Costs may be charged to the Renter for drafting the rental agreement, for ensuring the vehicle is ready to drive, is ready to be picked up, is ready to be delivered, and that it has a full tank.
4. Rental days are calculated as consecutive periods of twenty-four (24) hours from the agreed pick-up time. A return more than one (1) hour after the end of the last 24-hour period counts as an additional rental day, charged at the daily rate. Rentals shorter than three (3) days may be subject to a short-rental surcharge, which The Shop Curaçao Rental confirms before the rental starts.

Article 2: Extension of the rental period

The Renter takes it upon himself to return the vehicle to the company at the address mentioned in the rental agreement at the latest on the day and at the time stipulated for the termination of the agreement, unless an extension of the rental agreement has been agreed ahead of time. In case the vehicle is returned at a later time than was agreed, the Renter will pay NAF 50,- per day (excl. VAT) above the rental fee owed. In case the vehicle is returned at an earlier time than was agreed, no rental fee will be refunded.

Article 3: Exceeding of the rental period

1. If the vehicle has not been returned to The Shop Curaçao Rental or to a third party approved by The Shop Curaçao Rental within the period specified in the rental agreement or any approved prolongation, The Shop Curaçao Rental has the right to immediately reclaim the vehicle.
2. The Renter's obligations arising from this agreement remain in full force until the moment the vehicle is once again in The Shop Curaçao Rental's possession, with the understanding that the Renter must pay an amount of NAF 50,- per day (excluding VAT) in excess of the rental amount until the moment of retrieval, in which a portion of a day counts as a day, without prejudice to the Renter's obligation to reimburse The Shop Curaçao Rental for damage incurred.
3. Any judicial costs incurred to reclaim the rental vehicle will be paid by the Renter.

Article 4: Cancellation

1. Confirmed reservations can be cancelled two (2) weeks prior to pick up time without any penalty charged.
   • In case of a cancellation within two (2) weeks from pick-up time, an amount of 50% of the total rental fee excluding VAT will be refunded by The Shop Curaçao Rental to the Renter.
   • In case of a cancellation within one (1) week from pick-up time an amount of 25% of the total rental fee excluding VAT will be refunded by The Shop Curaçao Rental to the Renter.
   • In case booking amendments have taken place, cancellation will occur on the date of the first reservation.
2. In case the Renter did not pay to The Shop Curaçao Rental any money in advance, The Shop Curaçao Rental has the right to charge the Renter according to the percentage calculations mentioned in Article 4 — Section 1.

Article 5: Payment

1. In advance of the rental period, advance rental payment as well as a security deposit can be required. Should the amount paid in advance exceed the rental sum to be paid, this amount remaining will be used as payment for all other amounts the Renter possibly owes to The Shop Curaçao Rental.
2. The security deposit covering excess will not be returned any earlier than the point at which the vehicle is returned. In the event of damage, the deposit covering excess will not be returned any earlier than the point at which it is clear that the size of the damage does not exceed the amount set aside for excess, after which at the most the deposit covering excess minus the damage amount will be returned.
3. The Shop Curaçao Rental is, at all times, both on entering into the rental and by possible extension thereof, authorized to require a payment security or an instruction for payment by credit card from the Renter. Authorization of this sort is irrevocable.
4. Payment must, unless agreed otherwise, take place immediately following expiry of the term of the rental period. Should the Renter not pay on time, he is in default by operation of law. From the date of default, the Renter must pay the statutory interest on the outstanding amount, increased by 2% annually, in which a portion of a month counts as a month.
5. Should the Renter remain in default, despite being warned to pay the debt, he is additionally obliged to pay the collection costs. Collection costs include all in- and out-of-court costs incurred by The Shop Curaçao Rental for the collection of the amount owing, at a minimum of 15% of the amount due.

Article 6: Costs incurred while using the vehicle

The Renter is fully responsible during the rental period for costs such as road tolls and the costs of fuel, cleaning and parking.

Article 7: Use of the vehicle

1. The Renter is obligated to handle the vehicle properly and to ensure that the vehicle is used in accordance with its intended use. The Renter needs to command the necessary driver's proficiency.
2. The Renter must return the vehicle to The Shop Curaçao Rental in its original condition. Any changes and additions to the vehicle are prohibited.
3. The Renter is required to sufficiently secure any cargo.
4. Only the individual(s) authorized as driver in the rental agreement is (are) allowed to drive the vehicle. The Renter is not permitted to allow the vehicle to be used by any individual who is not authorized as driver in the rental agreement. The Renter is fully liable for all damages that The Shop Curaçao Rental may incur because of negligence of this obligation.
5. The Renter must make sure that all authorized drivers have a valid driving license and that all drivers are in a good physical and mental condition as required to drive safely.
6. The Renter is not allowed to rent out the vehicle to any third parties, unless he has received written permission from The Shop Curaçao Rental to do so.
7. The Renter is not allowed to bind The Shop Curaçao Rental to any third parties or to create any appearance to that effect.
8. If the Renter loses control of the vehicle, he must inform The Shop Curaçao Rental immediately.
9. The Renter is neither allowed to transport hitchhikers or animals in the vehicle nor to use the vehicle for contest or performance test of any kind.
10. The Renter is not allowed to take the vehicle across the Curaçao border.
11. The Renter must ensure to not carry a greater load than that for which the vehicle was built.
12. The Renter must maintain all of the vehicle's engine oils and tire levels to the manufacturer's specifications and needs to present the vehicle to The Shop Curaçao Rental for regular maintenance.
13. The Renter is responsible for returning the vehicle clean. If not, the costs for cleaning the vehicle (a minimum of NAF 25,- excl. VAT) may be charged.
14. The Renter is responsible for using the right kind of fuel.
15. The Renter must not use the vehicle when it is damaged or unsafe to use.
16. In case any event occurs which may cause damage, the Renter must:
    • inform The Shop Curaçao Rental by telephone immediately;
    • follow The Shop Curaçao Rental's instructions;
    • warn the local police;
    • inform Curaçao Road Service (telephone number: 199);
    • volunteer to The Shop Curaçao Rental or his insurer all information and documents relating to the event;
    • submit a completed and signed claim form to The Shop Curaçao Rental within 48 hours;
    • refrain from accepting blame in any way;
    • make sure never to leave the vehicle behind without having properly protected it against any (more) damage or the risk of loss; or
    • cooperate fully with The Shop Curaçao Rental or any individuals authorized by The Shop Curaçao Rental to enable The Shop Curaçao Rental to collect damages from any third parties or to fend off any third party claims.
17. The Renter must propose the obligations and prohibitions of this article to all authorized drivers, passengers and other users of the vehicle and to make sure that they comply.

Article 8: Renter's liability for damage

1. Unless the rental documents (damage registration) made up at the start of the rental period shows otherwise, the Renter is considered to have received the vehicle without any visible defects or damage.

2. Renter is responsible for all damages of The Shop Curaçao Rental which are caused by any event during the rental period or that is connected otherwise with the rental of the vehicle with due regard for the below-mentioned.

3. Should an excess have been agreed in the rental agreement, the Renter's liability for damage per damage case is limited to the amount of the excess, unless:

   • the damage was caused during or as a result of any act or omission in violation of Article 7;
   • the damage has arisen as a consequence of using the vehicle on unpaved terrain, or use of the vehicle on terrain for which the vehicle apparently is unsuited, or about which the Renter or the authorized driver has been informed that entering the terrain takes place at one's own risk;
   • the damage has arisen with the approval of, or through intentional act or gross negligence of the Renter;
   • the vehicle has been rented to a third party, also if The Shop Curaçao Rental has agreed to this;
   • the damage concerned is third-party damage as a consequence of any harm through or with the vehicle, and the Third-party Liability Insurance concluded for the vehicle does not cover this on the grounds that any stipulation in policy terms and conditions has been transgressed. Policy terms and conditions are available for perusal at The Shop Curaçao Rental's company address and will be sent to the Renter without cost at his first request. In case a stipulation in the policy terms regarding accidental damage is incompatible with those in the rental agreement, the stipulations of the rental agreement prevail;
   • the damage has arisen through loss of the vehicle and/or the vehicle keys or the operation of the alarm installation and/or the documents belonging to the vehicle (such as the vehicle registration certificate and border documents) have not all been returned to The Shop Curaçao Rental;
   • the damage is the consequence of the realization of the danger connected with the transport, storage, loading and unloading of dangerous, explosive, flammable, oxidizable or poisonous substances.

   In all above-mentioned cases, the Renter will be fully liable for all damages including the consequential damage / loss.

4. Should a payment be made to The Shop Curaçao Rental or to a third party pursuant to an insurance agreement concluded obligatorily or non-obligatorily by The Shop Curaçao Rental to cover the risk of accidental damage or against the risk of third-party liability, this has no effect on the Renter's liability.

5. Deviating from the agreed excess, a high excess applies of:

   • a maximum of NAF 1,500,- (excl. VAT) for the Renter who is the consumer;
   • a maximum of NAF 5,000,- (excl. VAT) for Renter who is not the consumer.

   for damage arising as a consequence of damage to, or inflicted by any part of the vehicle at a distance of more than two meters above the ground, or inflicted by any part of the load above this height.

6. The damage as a consequence of the inability to rent the vehicle during the periods of repair or replacement will be determined in advance to be the number of days it takes to repair or replace the vehicle, multiplied by the daily rental fee, minus 10% in connection with savings on variable expenses.

Article 9: Repairs of the vehicle

1. Any costs of necessary repair works and servicing of the vehicle during the rental period are for the account of The Shop Curaçao Rental, unless by law or in virtue of any provision of this agreement these costs are for the account of the Renter.
2. Servicing and repair works are being done either at the location of The Shop Curaçao Rental or at another location appointed by The Shop Curaçao Rental. If this is not possible, the work will be done by a garage of the vehicle's dealer network. In such case the Renter must ask for a quote first and must request The Shop Curaçao Rental's permission.
3. Upon request by The Shop Curaçao Rental, the Renter will present the vehicle for periodic test and maintenance check-ups.

Article 10: Technical defects of the vehicle

1. In the event that the vehicle cannot be fixed within five (5) hours because of technical damage, the Renter is entitled to alternative. The Renter must contact The Shop Curaçao Rental immediately after taking notice of the defect.
2. The Shop Curaçao Rental is not liable for any damage to objects transported by the vehicle. The Renter and/or the consumer are required to take out an insurance policy for such objects.

Article 11: Fines and measures imposed by the government

1. The Renter agrees to pay any fines or financial consequences of measures imposed by the government with respect to using the vehicle, unless such costs are related to a defect which was already present at the point the rental agreement was closed.
2. If such sanctions and measures be imposed on The Shop Curaçao Rental, the Renter must indemnify The Shop Curaçao Rental for these at his first request, whereby the Renter must in addition pay collection costs.
3. If The Shop Curaçao Rental is obligated to provide information to the authorities about any act or omission on the part of the Renter, the Renter must pay any costs involved with a minimum of NAF 25,- (exclusive of VAT).

Article 12: Seizure of the vehicle

In the event of administrative, civil or criminal attachment of the vehicle, the Renter must continue to perform the obligations of the rental agreement, including those of paying the rental fee, until the moment at which the vehicle, unencumbered with attachments, is once more in the possession of The Shop Curaçao Rental. The Renter must indemnify The Shop Curaçao Rental for all costs arising from the attachment.

Article 13: Dissolution of the rental agreement

The Shop Curaçao Rental is entitled to terminate the rental agreement without giving notice or proof of default and without any intervention of the court. The Shop Curaçao Rental is entitled to reclaim the vehicle if the Renter fails to fulfill one or more of his obligations with respect to the rental agreement. The right to terminate the agreement also applies in case of Renter's death, in case the Renter has been placed under custody, in case the Renter requests suspension of payment, and if the Renter has been declared bankrupt.

The Shop Curaçao Rental is also entitled to terminate the rental agreement if the Renter moves abroad, in case the vehicle has been seized, or in case The Shop Curaçao Rental becomes aware of circumstances during the rental period which are of such a nature that The Shop Curaçao Rental would not have concluded the rental agreement if he had known about it. In case of one or more above mentioned cases, the Renter is bound to cooperate fully to return the vehicle to The Shop Curaçao Rental.

The Shop Curaçao Rental is not liable for damages due to the annulment of the rental agreement.

Article 14: Renter's liability for acts or omissions on the part of third parties

The Renter is liable for acts or omissions on the part of the authorized driver, the passengers and any other users of the vehicle, also if they acted without the Renter's permission.

Article 15: Force Majeure

1. In case The Shop Curaçao Rental, due to Force Majeure (Acts of God), is not able to fulfill its obligation fully or parts thereof, he has the right to suspend or dissolve the rental agreement fully or parts thereof without judicial intervention, without any claim to damages. In such a case, the Renter will be refunded on a pro-rata basis.
2. Under Force Majeure we understand: strikes, exclusion, fires, mechanical failure and other interruptions of operations whether with The Shop Curaçao Rental's contractor or his suppliers of goods and services, transportation interruptions and other extraordinary event or circumstance beyond the control of the parties such as wars, blockades, uproar, epidemic, devaluation, floods and storms, as well as a sudden increase in import-, taxes and duties, delays in the deliverance by suppliers, not receiving the necessary permits and other government measures.

Article 16: Renter's liability

Should at the execution of the signed rental agreement between The Shop Curaçao Rental and the Renter, circumstances arise (such as negligence on the part of The Shop Curaçao Rental) that lead to liability on the part of The Shop Curaçao Rental, this liability is limited to the amount(s) The Shop Curaçao Rental has agreed with her insurer. The Shop Curaçao Rental is not obliged to pay out any further compensation.

Article 17: Registration of personal data of the Renter and the authorized driver

Personal data of the rental agreement will be registered in The Shop Curaçao Rental's administration. This registration will enable The Shop Curaçao Rental to execute the rental agreement and to provide the Renter or the authorized driver with optimal service and current product information. This information can also be used to make the Renter or the authorized driver tailor-made offers. The Renter or the authorized driver can object to The Shop Curaçao Rental using their personal data for direct mailings which The Shop Curaçao Rental will honor.

Article 18: Applicable law

All agreements between The Shop Curaçao Rental and the Renter and the present general terms & conditions will at all times be governed by Dutch Antillean law. All disputes resulting from and as agreed in these Terms and Conditions and those resulting thereafter will be judged at the Gerecht in Eerste Aanleg van de Nederlandse Antillen, seated in Curaçao.

Article 19: Track & Trace via GPS

The Shop Curaçao Rental likes to refer to the fact that:

1. all her vehicles have electronic immobilizers and/or anti-theft warning systems; and
2. a significant portion of her fleet will be provided with Track and Trace systems.

Article 20: Reference Check

The Shop Curaçao Rental holds the right to conduct a reference check on the (private) rental. The Shop Curaçao Rental may ask the Renter to leave behind a thumbprint during the rental period.

Article 21

These Terms and Conditions are also applicable to supplementary rental agreements between The Shop Curaçao Rental and the Renter as well as the existing rental agreement. These Terms and Conditions are drawn up in English and provided in Dutch and Spanish translation for convenience only. The translations may contain errors or inaccuracies. In case of any dispute about, or difference between, the versions, the English text is binding.