The following conditions are part of the agreement between Tribi Holiday Rental B.V., established in Curaçao, hereinafter referred to as: THR, and the tenant named on the rental contract.
1. The renter is obliged to return the car on the return date and place stated on the rental contract in the condition in which it was received (with the exception of the consequences of normal wear and tear) with all accessories, tools (if provided), (registration) papers, other documents and the keys. If, after permission has been obtained from THR, the car is returned elsewhere, the renter’s liability for damage to the car or its loss, for the costs of parking and for the costs referred to in art. 4 of these conditions, until THR has received and inspected the car. If the renter does not hand over the car at the agreed location after the end of the rental agreement, the obligation to pay rent continues unabated, and the renter also owes a surcharge of € 75.00 per day. Furthermore, in that case all contractual limitations of the tenant’s liability will lapse. The provisions here also apply if the car is not handed over by the renter in connection with judicial and/or other judicial seizure and THR cannot be blamed for such seizure. The dates that are recorded with the final reservation (after the landlord has received the (down) payment) are binding. The renter undertakes to pay the agreed number of rental days, even if the car is collected later or returned earlier.
2. The renter is not allowed to use the car or have it used:
A. for a purpose contrary to the law;
B. for teaching;
C. for pushing or pulling any vehicle or trailer;
D. for the transport of persons and/or goods in violation of any legal provision of the country of Curaçao;
E. for participating in car races, rallies or other sports rides or puzzle rides;
F. by a driver who does not have the physical and mental fitness required to drive the vehicle. The absence of this condition is in any case presumed if the driver has used substances that could affect his driving ability;
G. by a driver who does not have a valid driver’s license;
H. by a driver who is not named as a tenant or as a driver on the rental contract. Damage to the engine and/or body (or the entire car) caused by driving on unpaved terrain, by deep puddles of water, too hard by potholes in the road or by theft due to parking on deserted parts of the island is also fully covered. tenant’s account.
3. The renter is liable for the acts and omissions of the driver, the passengers and all others who use or actually dispose of the vehicle. This also applies if this act resp. omission did not have the consent of the tenant.
4. The renter must handle the car with care. The renter is liable for all costs, fines imposed plus a contribution to the administration costs and further (financial) consequences of violation of the Road Traffic Act and other legislation with the car, plus a contribution to the administration costs.
4a. All cars are All Risk insured. The All Risk insurance covers all damage to the rental car minus the deductible, provided that the road traffic law and other legislation are observed, you have not used alcohol or narcotics and you have behaved normally in traffic, you have not given rise to burglary by leaving things in the car or by not using the steering wheel lock. The car must be driven in accordance with the rules applicable in this country. In case of violation of this, all costs are for the account of the tenant.
4b. In the event of loss, theft or water damage of/to the car keys, the costs applicable for that car (read brand and type) will be deducted from the deposit/deductible. If this is not sufficient, the remainder will have to be paid in cash. THR will provide new car keys.
4c. THR is not responsible for the objects or belongings left in the car. Any minor damage/glass damage and the loss of the rental days due to repair will be deducted from the deposit/deductible.
4d. The renter is fully liable for damage caused by ignoring warning lights and (temperature) meters on the dashboard.
4th. The cars are insured for use on public roads. Damage and pollution incurred by Off-Road use of the vehicle, are at all times and completely at the expense of the renter and at least the full deposit will be retained. If an investigation shows that the damage is higher than the deposit paid, additional recovery will take place. Areas/roads such as the road to Cas Abou, Shete Boka, San Juan, road to Kokomo (inside from Kunuku Aqua resort) etc. may be entered if the speed is adjusted. This will mean that on most roads you are not allowed to drive faster than 10 KM/H. Damage to the engine and bodywork due to (hard) driving on unpaved terrain is fully at the expense of the tenant.
4f. The tenant indemnifies THR against all liability for damage and/or injury caused to the goods and/or persons transported by the rented object. In addition, costs relating to damage and/or injury caused to the counterparty that exceed the insured sum of Nafl.150,000,- will be borne by the tenant.
4g. The renter is not allowed to use the rental car for other than private purposes; drive the car if he/she is in such a degree of incapacity that driving a motor vehicle is prohibited for him/her by law. Damage incurred by driving under the influence of alcohol and/or drugs is entirely at the expense of the tenant.
4h. It is forbidden to smoke in the car. If this is found during or after the rental period, the car will be cleaned at the expense of the renter and this will be deducted from the deposit/deductible. Costs can go up to €150.
5. The renter must properly lock the car when it is not in use. Furthermore, the renter must at all times ensure that the tire pressure is correct. The renter is fully responsible for refueling with suitable fuel for the car. Costs of any maintenance are at the expense of THR, if permission has been granted to the tenant for maintenance on the part of THR. The tenant is entitled to have urgent maintenance, which cannot reasonably be expected to require prior permission from THR, at the expense of THR, up to a maximum of € 150. Any maintenance costs will only be reimbursed by THR if invoices specified by the tenant and proof of payment can be submitted to THR.
6. In the event of loss and/or damage or occurring defect of the car and/or seizure by judicial authorities or civil seizure, the renter is obliged to inform THR of this immediately. If any damage or defect with further use of the car entails the risk that the damage or the defect will worsen or further use may lead to a reduction in road safety, the renter is prohibited from using the car until repair (after permission of THR) has taken place.
7. Partly in connection with the insurance policy, the renter is obliged: a. to leave the car at the site of the accident. to notify THR of any accident as soon as possible; b. immediately notify Curaçao Road Service and/or the police; c. to immediately fill in the claim form and to collect all data on the persons and vehicles involved in the accident, as well as to note the data of any witnesses; d. to refrain from admitting guilt in any form; e. only leave the car after the car has been adequately secured against accident, theft and burglary; f. THR as well as the insurance company to provide the requested cooperation in defense with regard to any claims from third parties. If the obligations described in this article are not followed, the tenant will owe a fee for additional administration costs, in addition to possible compensation.
8. The renter is liable for all damage as a result of damage to or loss of the car that arises or is caused, in any way whatsoever, between the time the car is handed over to the renter or driver and the time it is taken back by THR. Per claim this is limited to the applicable deductible UNLESS it appears that damage was caused by reckless driving (think of racing on the Hato plain, damage to the undercarriage by driving hard through potholes, etc.)
9. If the odometer becomes defective, the renter must inform THR thereof.
10. The renter is obliged to take care of any necessary permits, permissions and declarations at his own expense and risk to transport goods in the car.
11. THR is only obliged to remedy defects if it knew or should have known these defects when entering into the rental agreement, this is reasonably possible and does not require expenditure that cannot be required of it in the given circumstances. In other cases of defects, THR can dissolve the rental agreement. In the event of defects, the tenant is only entitled to a reduction of the rent if THR knew or should have been aware of this defect when entering into the lease. In the event of a defect, the tenant is only entitled to compensation for the damage suffered as a result, if THR knew or should have known this defect when entering into the lease. Only a technical defect in the car itself can be regarded as a defect between THR and the renter.
12. The tenant is obliged, without compensation with a counterclaim being permitted, to immediately pay the following amounts at THR’s first request: a. the compensation for the duration of the rental, whereby a rental day is equal to 24 hours, any insurance and benefits. b. the cost of fuel and tank surcharge for topping up the fuel, if the fuel tank of the car with less content than that provided to the renter is returned. c. all other costs/fees arising from this rental agreement and from the law.
13. THR is entitled to terminate the rental agreement without notice of default or judicial intervention and to take possession of the vehicle again, without prejudice to its right to compensation for costs, damage and interest. If it appears that during the rental period the tenant does not, not fully, not timely or properly fulfill one of his obligations; in the event of death, receivership, application for suspension of payments or bankruptcy of the tenant; if the tenant is established abroad; in the event of a government claim against the car, or in the event of seizure of the car, or if interim circumstances arise with which THR was not aware at the start of the rental, which are of such a nature that had THR been aware of this, she had not entered into the lease. The renter authorizes this THR or persons designated by THR to check where the vehicle is located or to take possession of the vehicle again. In the event that the car is taken back by THR, THR retains all rights to recover the costs incurred or damage suffered by the termination of the agreement from the renter.
14. Except in the case of willful misconduct or gross negligence on the part of subordinates of THR, liability of THR for shortcomings other than those described in Article 12 is limited to the amount of rent that the tenant would have to pay in the event of correct compliance by THR.
15. The provisions of this agreement can only be deviated from with written permission from THR.
16. In the event that 1 or more provisions of this agreement should prove to be invalid, the other provisions will remain in full force and effect.
17. a. THR stores and uses the tenant’s personal data for the execution of the agreement. b. The tenant can request at reasonable intervals to send the data as registered by THR or to be allowed to inspect it. The tenant can request THR to supplement, change or delete certain data. THR will respond to such request in accordance with legal requirements
18. In the event of an extension of the rental agreement, all terms and conditions of the agreement remain in force, unless otherwise agreed in writing between the parties
19. Unless the tenant has given notice of a change of residence, the tenant is deemed to have chosen domicile at the address stated by the tenant when the agreement was entered into.
20. The renter is obliged to undo changes and additions made to the vehicle by or on behalf of him; the tenant cannot assert any right to compensation in this regard.
21. The renter is prohibited from making the car available to a driver other than the driver named on the rental contract.
22. Flat tires or damage to tires are in all cases directly at the expense of the renter, as this directly depends on the driving behavior of the driver. This is not covered by the all risk insurance.
23. Cancellation can be done up to 1 month before the fixed rental date. The deposit will be refunded in almost all cases if the reason is justified. If the cancellation is within that month, consultation or a proposal will be made to the tenant. The deposit is then for THR to be able to compensate for a few days.
23a. If the rental car is returned before the agreed return date without good reason, the deposit will be retained.
24. Payment terms: We ask for a deductible/deposit of €250 / €350 (depending on the car and age of the driver). If the deductible/deposit has not yet been paid upon receipt of the car, it must be paid in cash. We accept Euros, US dollars and Antillean guilders for cash payments.
25. Theft or burglary: The renter is obliged to immediately report to THR if the vehicle is stolen or if there is a break-in. In the event of theft and burglary (provided there is damage), the tenant loses his own risk. If it turns out that there is a reason for breaking into the vehicle, leaving things in the car, not using the steering wheel lock, etc., then the renter is responsible for all damage or costs.
26. If the renter does not comply with the above conditions, all consequences are for the account of the renter, if the renter commits a breach of contract, THR has the right to immediately confiscate the car without refund of the prepaid rent. In cases where these conditions do not provide, the decision-making authority rests with THR.
27. THR may always change/adjust the terms and conditions in the interim without reporting this.