1) General Rental Terms and Conditions:
a. Everyone age 23 and above and in possession of a valid driver’s license for at least one year is allowed to rent a 4x4;
b. The 4x4’s are not allowed to leave the island;
c. Every hirer signs the Rental Agreement and the General Terms and Conditions document.
d. The rental payments can be made upon picking up the 4x4 by cash, credit card (5% credit card fee extra) or bank card. One can pay in Euro’s, US Dollars or Antillean Guilders.
e. The hirer
has to leave a guarantee deposit of €500 when the car is delivered. This will
be done by reserving the amount of €500 on the credit card of the hirer. In
case the hirer does not want or is not able to use a credit card, the guarantee
deposit can be left in cash. The €500 will be returned when the car is
redelivered without any damage or theft.
f. 4x4 Rental Curacao must be in possession of a copy of the hirer´s valid driver´s license AND passport before delivery of the car. Additionally, the driver will provide 4x4 Rental Curacao with an email address and a mobile phone number which can be used to contact the hirer during the rental period;
g. One rental day is 24 hours.The cars will only be rented out per day.
h. The 4x4's are located at Coral Estate, Rif St. Marie, Curacao.
i. The 4x4’s can be brought to and picked up at any location on the island, including the airport, by 4x4 Rental Curacao at an additional charge of EUR 15 one way. If 4x4 Rental Curacao has to deliver the duck at the airport, your flight and arrival details, and a mobile phone number must be known to us beforehand.
j. The 4x4's are delivered in good technical condition and are well maintained. However, if due to a technical problem the 4x4 is no longer operational, 4x4 Rental Curacao will come over and fix the problem or provide a replacement car as soon as possible.
k. All 4x4's have Limited Liability insurance, inclusive of accident and injury insurance for the driver and passengers.
2) Booking and cancellations policy
a. If, due to fault of the hirer, the hirer cannot make use of the Rental Agreement after signing it, the hirer is obliged, and hereby agrees to be obliged, to pay the full rental amount as confirmed when making the reservation;
b. Potential hirers can book a free option on a 2CV for the period of one day. After this day the option expires;
c. After confirmation of the booking, cancellation is only possible free of charge if (i) the cancellation is made more than 4 weeks in advance of the rental period, and (ii) provided that such cancellation is received by us within 2 weeks after the booking confirmation.
3) Use of a 4x4
a. The hirer must treat the 4x4 in a careful manner.
b. On delivery, 4x4 Rental Curacao will provide clear instructions to the hirer.
c. In order to limit the risk of accidents at night, the hirer agrees not to use the car between 03:00 am and 06:00 am.
d. The hirer always has to take out the front of the car radio/cd player when parking and leaving the car.
e. The car may not be parked on the following times and locations:
- After sunset at deserted beaches and viewpoints
- After sunset at the non-guarded parking lot at Mambo Bach.
f. The driver must adhere to the applicable Curacao traffic regulations;
g. The hirer is responsible to ensure that any driver has a valid driver´s license, and that they are physically and mentally fit to drive the vehicle;
h. The hirer is responsible for appropriate car seats for children. 4x4 Rental Curacao can rent you one for 2,50 Euros per day / 10 Euros per week.
i. A rental car of 4x4 Rental Curacao can accommodate a maximum of 5 (adult) occupants.
j. The hirer is prohibited from renting or lending the rental car to third parties;
k. The hirer is prohibited from participating in races, competitions, car games or other similar activities;
l. Transportation of pets in the vehicle is allowed, on the condition that the necessary precautions have been taken to prevent damage to the vehicle and animal;
m. The hirer agrees to keep all liquids and the tire pressure at the required levels.
n. Mileage is unlimited. The hirer agrees to fill up the fuel tank as it was when delivered/picked up, before returning the car. In case the tank was not filled up, the costs of the fuel (per liter) and extra costs of €5,00 will be charged.
o. 4x4 Rental Curacao reserves the right to terminate the Rental Agreement without legal intervention if they discover circumstances during the rental period that, had they previously been aware of them, would have invalidated this agreement;
p. The hirer agrees to impose the obligations and restrictions of these terms and conditions to the driver, passengers and other users of the vehicle, and to ensure that they comply with them.
4) Insurance Excess / own-risk
a. The hirer agrees to a maximum insurance excess / own-risk of 750 Euros per individual claim, damage or accident.
b. It is the
responsibility of the hirer to immediately report any damages made to the car.
In case of damage, the hirer agrees to pay the applicable excess amount upon re-delivery of the car.
c. Notwithstanding the provisions of clause a. of this article 4, the excess is unlimited and the hirer is fully liable for damage in the event one or more of the following circumstances apply:
i. Gross negligence or misconduct of the hirer or driver,
ii. Damage caused with permission of the hirer or driver, or with their intention,
iii. Unauthorized rental or lending to a third party,
iv. Damage or theft caused while driving between 3:00 am and 6:00 am.
v. The car was parked and left at one of the times and locations mentioned in article 3)e.
vi.The front of the car radio/cd player was not taken out of the car when it was parked and left. The hirer has to give the front of the car radio/cd player to 4x4 Rental Curacao in case of theft of the car radio/cd player.
In the above
mentioned clauses the hirer is liable for all repair- and associated costs to
4x4 Rental Curacao.
5) In the event of damage
a. The hirer is required and agrees to return the vehicle in its original state (as delivered to him or her). The delivery condition of the vehicle is examined and agreed between hirer and 4x4 Rental Curacao at the start of the rental period;
b. If the hirer suspects that there is a defect which has not been noted at the handover, he/she is obliged to contact 4x4 Rental Curacao as soon as possible;
c. 4x4 Rental Curacao cannot be held responsible for loss or theft of any possessions from the vehicle whilst it is in the possession of the hirer.
d. 4x4 Rental Curacao cannot be held responsible for (the consequences of) damage to goods transported with the vehicle.
e. 4x4 Rental Curacao has arranged for a valid accident and injury insurance for the driver and passengers. However, in the case of personal injury to driver or passengers during the rental period as result of an accident or incident, the hirer agrees that the driver or passengers first claim under their own health insurance coverage;
f. In the event of damage to, or defect of, the vehicle, the vehicle may not be used if this will further damage the vehicle or reduce road traffic safety;
g. In the event of damage or an event which can cause damage, the hirer is obliged:
i. To immediately inform 4x4 Rental Curacao by telephone and to follow our instructions,
ii. To supply 4x4 Rental Curacao or its insurer with all requested (and unrequested) relevant information and records in relation to the incident or accident,
iii. To supply us with a fully completed and signed damage notification form within 48 hours,
iv. Not to admit any form of guilt or liability,
v. Not to move the vehicle (not even to the side of the road) and not to abandon the vehicle without having thoroughly protected it from the risk of (further) damage or theft.
vi. To provide 4x4 Rental Curacao and persons appointed by 44 Rental Curacao with all requested assistance in obtaining any damage compensation from third parties or their insurers, and/or helping with the defense against claims from third parties or their insurers.
6) Repairs & Technical Support
a. Necessary repair costs during the rental period to ensure the proper operation and safety of the car are at the expense of 4x4 Rental Curacao;
b. Repairs can only take place with the explicit permission of 4x4 Rental Curacao;
c. 4x4 Rental Curacao will provide technical support if necessary. 4x4 Rental Curacao is obliged to do their utmost to help the hirer as soon as possible.
d. If it is not possible to drive any further with the vehicle due to a (hidden) defect which already existed at the start of the agreement, the hirer is entitled to replacement transportation. If driving any further is not possible due to any other circumstances, the hirer is not entitled to replacement transportation. However, in such case 4x4 Rental Curacao will, on a best reasonable efforts basis, attempt to make replacement transportation available;
e. In any case, the hirer must contact 4x4 Rental Curacao as soon as possible in order to search for a solution;
f. 4x4 Rental Curacao is not responsible or liable for any other damage or consequence of the impossibility to drive any further caused by a defect.
7) Government imposed fines and measures
a. All government imposed fines and (consequences of) measures in relation to the possession and/or use of the vehicle, are for the expense of the hirer, unless they originate from faults or defects that already existed at the beginning of the rental period. These fines and measures include, but are not limited to, speeding tickets, parking fines, tow-away costs, impounding costs, any penalties and measures as result of driving under the influence of alcohol, etcetera;
b. If such Government imposed fines and measures are charged to 4x4 Rental Curacao, they can be recharged to the hirer during a one year period after the date of this agreement. Ducks United is entitled to charge an administration fee of 25 Euros.
8) Sustainable tourism
Sustainable tourism is nothing more than travelling with consideration for the environment, people, nature and culture, in order to facilitate further travel for others in the future. 4x4 Rental Curacao encourages this and values nature greatly.
Please take this into account. Be respectful of your surroundings, nature and the environment.
9) Mediation and dispute resolution
a. Mediation and dispute resolution is only applicable in the event of a dispute about the explanation or execution of these terms and conditions and will be decided by a third party;
b. Mediation: In the event of a dispute, 4x4 Rental Curacao can present this dispute in a written document to a mutually agreed mediation body;
c. Dispute resolution: The provision of mediation does not prohibit taking the dispute to court.
10) Applicable law
The rental agreement will always be governed by Dutch law.