1. Vehicle Ownership and Return
- The Renter acknowledges and agrees that the vehicle is the property of the Operator and has been received in good mechanical condition. The Renter agrees to return the vehicle, including all tires, tools, keys, documents, and accessories, in the same condition as received, ordinary wear and tear excepted, to the agreed location upon expiration of the rental period or sooner if demanded by the Operator.
2. Prohibited Use of the Vehicle
- The Renter agrees not to use, operate, or permit the vehicle to be used for the transportation of persons or property for hire; in violation of any applicable law, ordinance, rule, or regulation; outside the island of Curaçao without the Operator’s prior written consent; to tow or propel any vehicle, trailer, or other object; or to participate in any race, test, speed trial, or competition.
3. Limitation of the Operator’s Liability
- To the fullest extent permitted by the applicable laws of Curaçao, the Operator shall not be liable for any loss, damage, cost, or expense incurred by the Renter, an authorized driver, or any occupant of the vehicle due to injury, loss, or damage sustained while using the vehicle.
4. Rental Charges and Damage Costs
- The Renter agrees to pay the Operator, upon demand, all rental charges and other applicable fees at the rates specified in this agreement. The Renter shall also be responsible for all damage, loss, costs, or expenses not covered by the CDW coverage, including the applicable deductible and any damage excluded under the CDW terms and conditions.
5. No Employment or Representation Relationship
- The Renter is not an agent, representative, servant, or employee of the Operator for any purpose.
6. Personal Property in the Vehicle
- The Operator shall not be liable for any loss of or damage to personal property left, transported, or stored by the Renter or any other person in or upon the vehicle. The Renter agrees to indemnify and hold the Operator harmless against any related claims.
7. Approved Additional Drivers
- Any additional driver approved by the Operator shall be jointly and fully responsible with the Renter for all amounts and obligations arising under or in connection with this rental agreement.
8. Responsibility for Vehicle Damage
- The Renter is responsible for all damage to or loss of the vehicle, except to the extent that the Renter’s liability is limited under the CDW coverage. The Renter remains responsible for the applicable deductible and all damages, losses, charges, or expenses excluded from the CDW coverage.
9. Authorized Drivers Only
- The Renter shall not allow the vehicle to be used or driven by any person who has not received the Operator’s prior approval and who is not identified as an authorized driver in this rental agreement.
10. Driver’s License and Driving Ability
- The Renter and every authorized driver must possess a valid driver’s license and have sufficient knowledge, driving ability, and experience to operate the rented vehicle safely.
11. Unauthorized Driver and Vehicle Recovery
- If the vehicle is found to be driven by an unauthorized person, the Operator may immediately terminate the rental agreement and recover possession of the vehicle without prior notice, subject to the applicable laws of Curaçao.
12. Late Return Charges
- The Renter will be charged for any period during which the vehicle is retained beyond the agreed return date and time. Additional late-return charges may apply at the rates established by the Operator.
13. Violation and Termination of the Agreement
- Any violation of these terms and conditions may result in the immediate termination of the rental agreement without a refund. Such a violation may also affect or invalidate the CDW coverage, subject to the applicable terms, conditions, and exclusions.
14. Unsuitable Roads and Excluded Damage
- The Renter shall not drive the vehicle on unsuitable, unpaved, flooded, severely damaged, or otherwise unsafe roads. The CDW coverage may not apply to damage caused by driving in such areas, including damage to the gearbox, transmission, oil pan, tires, wheels, suspension, or undercarriage. Any damage not covered by the CDW coverage shall be the sole responsibility of the Renter.
15. Third-Party Liability Insurance
- The vehicle is insured against liability for bodily injury and/or property damage caused to third parties in accordance with the applicable minimum legal requirements of Curaçao. This third-party liability insurance is separate from the CDW coverage and remains subject to the terms, coverage limits, conditions, and exclusions of the applicable insurance policy.
16. Mandatory CDW Coverage
- Collision Damage Waiver coverage, hereinafter referred to as “CDW coverage,” is mandatory for every rental and cannot be declined or removed. The Renter agrees to pay the applicable CDW charges. Subject to the applicable terms and conditions, CDW limits the Renter’s financial liability for damage to or loss of the rented vehicle. CDW coverage remains subject to all applicable conditions, limitations, and exclusions. CDW does not cover personal injury sustained by the Renter, an authorized driver, or any other occupant of the vehicle.
17. CDW Deductible
- A deductible of USD 400.00 applies at all times under the mandatory CDW coverage. If the Renter is not responsible for the damage and the Operator successfully recovers the deductible from the responsible third party, the recovered deductible will be refunded to the Renter.
18. Security Deposit for 23-Year-Old Renters
- Any Renter who is 23 years of age at the start of the rental period must provide a security deposit of USD 700.00. This security deposit is separate from the rental charges, CDW charges, and deductible and does not limit the Renter’s liability under this agreement. The Operator may deduct any outstanding rental charges, fuel charges, fines, cleaning costs, deductible, damages, losses, or other amounts owed under this agreement from the security deposit. Any remaining balance will be released after the vehicle has been returned and inspected, subject to the processing time of the Renter’s bank or card issuer.