General Terms and Conditions
Car Rental Curacao general terms and conditions.
Article 1 - Definitions and formation of agreement
1.1. The following terms are defined in these terms and conditions: LowBudget : Low Budget Car Rental Curacao based in Willemstad.
Car: the car rented by the LowBudget renter, including any accessories in the broadest sense of the word.
Driver: the natural person actually driving the car. Minimum age is 23 years old.
Rental day: is a calendar day.
Hirer: the natural or legal person with whom or in whose name the rental agreement is made.
Rental contract: the contract entered into with the renter according to a model used by LowBudget, based on which LowBudget makes the car available to the renter.
1.2. The rental agreement is concluded in writing, unless otherwise agreed. LowBudget has the right to refuse a tenant at any time without stating reasons.
1.3. If the rental agreement is concluded verbally, contrary to the foregoing, the rental agreement shall come into effect when the car is made available. As soon as the keys and the rental agreement are handed over, the agreement shall be deemed to have been concluded and these terms and conditions shall apply.
1.4. Deviations from the stipulations of the rental agreement and these general terms and conditions are only possible with LowBudget's written consent.
1.5. In the event of extension of the rental agreement, all conditions of the agreement shall remain in force, unless otherwise agreed in writing between the parties.
Article 2 - Tenant's obligations
2.1. The Hirer is obliged to take care of the car as a good hirer, to keep the car in good, unchanged condition in accordance with the description on the hire agreement and to return the car after the end of the hire period at the agreed place and time, provided with all accessories, keys, registration papers and other documents. The renter is not allowed to use the car for a purpose that is contrary to the law or for a purpose for which the car is unsuitable.
2.2. Within the meaning of article 2.1. of these terms and conditions, the following use is in any case - but not exclusively - not permitted for the renter: giving instruction, pushing or pulling a vehicle or trailer (unless the car is equipped with a tow bar), participating in races and/or rallies, using the car in an area where there are no paved roads (e.g. Boka Table, Hato plateau), use by a driver who has not reached the age of at least 23 and has had a valid driving licence for at least one year, use by a driver who is not named as a hirer or driver in the rental agreement.
2.3. Defects must be reported to LowBudget . LowBudget then decides how and by whom the defects will be resolved. If the defects are not reported to LowBudget immediately upon commencement of the rental agreement, then it is presumed that the renter has caused the defects, and the repair of the damage will be charged to the renter by LowBudget.
2.4 Flat tyres or damage to tyres are in all cases the direct responsibility of the hirer, as this is directly dependent on the driving behaviour of the driver. This is not covered by the insurance.
2.5. In case of accident: Do not move the vehicle, and the renter is obliged to immediately call Curacao Road Service (Tel: 199). And have Curacao Road Service make a report.
2.6. Also in connection with the insurance policy, the Tenant is obliged:
a. Notify LowBudget of any accident as soon as possible.
b. Refrain from acknowledging guilt in any form.
c. to only leave the car behind after the car has been adequately secured against accident, theft and burglary; d. to provide LowBudget, as well as the insurance company, with the requested cooperation in the defence of any third-party claims. If the obligations described in this article are not followed, the renter is obligated to pay compensation for extra administration costs, in addition to possible damage compensation.
e. In the event of negligence on his part, the damage shall be entirely at the expense of the hirer.The own risk shall apply per event.
2.7. Theft, embezzlement or other removal, and confiscation of the car must be immediately reported to LowBudget by the renter. The renter is obligated to report theft, embezzlement or other removal to the police within two working days, and to provide LowBudget with a copy of the report within two working days.
2.8. Damage caused by driving under the influence of alcohol and/or drugs is entirely the responsibility of the renter.
2.9. If the renter fails to return the car fully fuelled at the end of the rental agreement, LowBudget has the right to refuel the car at the renter's expense. LowBudget will charge the renter a fee for refuelling the car.
3.0 The hirer must properly lock the car when not in use. Furthermore, the hirer must at all times ensure that the car is provided with sufficient oil and coolant and that the tyre pressure is correct. The renter is fully responsible for filling up with fuel suitable for the car. Any maintenance costs are the responsibility of LowBudget.
Article 3 - Tenant's liability
3.1. The Hirer is liable for all damage resulting from the violation of the previous provisions, as well as for all acts and omissions of the driver, passengers and all others who are in the car, use it or actually have it at their disposal.
3.2. The renter is liable for all costs, fines and other measures related to the violation of any legislation, plus a contribution to the administration costs of LowBudget or third parties (at the rates charged by these third parties).
3.3 If the renter fails to return the car in the correct condition, with all keys, documents and other items, on the agreed return date, LowBudget has the right to charge the renter for the car until all items are returned to LowBudget. Such a failure to return the car is considered embezzlement and entitles LowBudget to press charges.
Article 4 - Obligations and liability of Low Budget
4.1. LowBudget is obliged to remedy defects if and insofar as it knew or should have known of the defects at the time it entered into the rental agreement. If LowBudget does not remedy the defects, the rent shall be reduced in accordance with the defect.
4.2. The renter must inspect the car upon commencement of the rental agreement. LowBudget is only obligated to deal with complaints about the condition of the car at the start of the rental agreement that are made known to LowBudget by the renter directly at the start of the rental agreement.
4.4. LowBudget's liability is limited to the amount owed by the renter to LowBudget.
4.5. LowBudget ensures that the rented car has an All Risk insurance, items belonging to the renter are not insured.
Article 5 - Payment
5.1 Payment conditions:
The invoice amount must be paid into our Dutch bank account one week before the start date of the rental agreement.
5.2. If the renter has opted to pay in a currency other than that used by LowBudget at the time of booking, LowBudget will apply an exchange rate that is based on the exchange rate of MCB bank, plus 4%.
5.3 If the renter fails to return the car in the correct condition, with all keys, documents and other items, on the agreed return date, LowBudget has the right to charge the deposit for the car, until all items are returned to LowBudget.
5.4. In case of damage, theft, embezzlement or theft, the renter owes LowBudget the excess of up to €500.00 (redeemable up to €250.00).
Article 6 - Termination
6.1. LowBudget is entitled to dissolve the rental agreement in writing without notice of default or judicial intervention in the following cases, among others: a. attributable failure of the hirer to meet his obligations; b. death or placement of the hirer in receivership; c. applications for suspension of payments, bankruptcy or admission to the Privileges and Immunities Act (Wet Groothandelcentrum); d. the death of the hirer; e. the death of the hirer or his removal from the labour market.
Article 7 - Protection of personal data
7.1. LowBudget stores and uses personal data of the renter for the execution of the agreement and for compliance with legal obligations.
7.2. If the renter is found to be in breach of contract or (it is suspected that) the renter/driver has committed criminal offences, the information provided will be included in the warning systems used by LowBudget. Information on registered personal data and the duration of the registration can be requested in writing from LowBudget at the expense of the renter.
Car Rental Curacao general terms and conditions.