ADDITIONAL CONDITIONS AND INFORMATION SHEET
Boric Car Rental, hereafter called the lessor, declares to have rented and delivered in good condition to the lessee, who declares to have rented and received in good condition from the lessor the motor vehicle (the vehicle) described on the reverse side hereof, together with the thereto pertinent documents and appurtenances, against payment of the rental price stated there, during the lease period agreed upon, while the customer declares to agree with the conditions stated on the reverse side hereof, as also with the following conditions and stipulations.
The vehicle is and remains the property of lessor and cannot be transferred by the lessee by virtue of this agreement. The vehicle shall be used only on Curaçao and cannot be transported to another country. The vehicle is rented to be used exclusively as a means of family / passenger transportation. The vehicle should be returned at the site the vehicle is rented, unless another agreement is expressly made previously.
The rental period starts and terminates on the date and the point of time stated on the reverse side hereof. The lessee returns the vehicle that he has received in good condition, on the date and time agreed, with the thereto pertinent car keys, documents, tools, spare tire, child chair, global positioning system (GPS) etc… as indicated on the reverse side hereof. An extension of the lease is only possible with the consent of the lessor.
1. The vehicle shall be driven only by the lessee or the co-driver, whose name and other data are shown on the reverse side hereof.
2. Wherever hereinafter reference is made to the lessee, shall also be meant the co-driver.
1. The lessee shall use the vehicle in a judicious manner.
2. During the rental period all costs entailed by the use of the vehicle under which those for gasoline, tire repair and garaging are for the account of the lessee.
3. Lessee checks on a daily basis, or at least, when filling the gasoline tank, the oil level of the engine, the cooling water and the pressure of the tires.
4. If during use of the vehicle one of the warning lights on the dashboard lights up or when the engine temperature indicator shows too high an engine temperature, the lessee must stop the vehicle immediately. Should the lessee not comply with this stipulation, the lessee shall then be responsible and liable for the damage that the lessor may suffer as a consequence of this non-compliancy.
The vehicle must be serviced for maintenance as much as possible in accordance with the maintenance chart which is among the documents of the vehicles. Work entailed by repair and for maintenance purposes of the vehicle shall only take place by or in assignment of lessor. If lessor deems necessary the lessee must deliver the vehicle to the lessor, who shall return it after maintenance or repair is done. Repairs to the vehicle effectuated without the consent of the lessor, are for the account and risk of the lessee.
The vehicle is equipped with a spare tire and the necessary tools. Flat tires must be replaced and repaired by lessee. Any possible towing cost of the vehicle and costs for the transport of passengers are for the account of lessee. Towing shall only be done by the company mentioned on the reverse side hereof.
In the case of loss or damage inflicted to one or more of the documents of the vehicle a compensation of $ 26,– /NAF 45,00 will be charged.
Lessee will obey the traffic rules. Lessee will not park the vehicle on forbidden park spaces, on abandoned obscure or unusual places. Lessee bears the responsibility to lock the vehicle and keep it locked as soon as this is not in use and to use any possible anti-theft mechanism available.
Lessee shall not in any circumstances hand over the keys of the vehicle to third parties, car washers, hotel employees etc…, who are not authorized to drive the vehicle.
1. Lessee and co-driver are responsible and together as severally liable for any direct, indirect, incidental damage or consequential damage arising out of the use of the vehicle. Lessee holds lessor harmless for every possible liability entailed by the use of the car.
2. Lessee is responsible and liable for all fines due to traffic violations committed with or by the vehicle and hold lessor harmless against these fines.
3. Lessee pays in the case of an accident or theft promptly the total damage, as far as this is not covered by insurance. An own risk of at least $ 500,– for each damage case shall be applied.
4. Lessee holds the lessor harmless against injury inflicted to passengers or third parties, for whom the lessor can be held liable on the ground of any stipulation of the law, and that insofar such injury is not or not sufficiently covered by the insurance referred to in section 7 of the present article.
5. As provided on the reverse side of this page, lessee and co-driver confirms herewith that they are cognizant of the fact, that with respect to the coverage of the vehicle only is in effect the by the law of Curacao prescribed legal liability insurance (LL-insurance) which gives coverage for damage to third parties to a maximum of $87.714,– on a per-occurrence basis. This LL-insurance contains a standard own risk of a minimum of $ 142.86,–, which amount is in full for the account of the lessee or co-driver. Lessee or co-driver shall, however, be fully liable for all damages of any nature what so ever, regardless of fault, in case the vehicle is operated in violation of any of the provisions of this rental agreement. The insurance charges are mandatory. The policy of the LL-insurance is available at the office of the lessor.
6. The lessee declares hereby to fully abide by the conditions included in the policy to be drawn up for the LL-insurance. These conditions constitute an integral part of this agreement.
7. If lessee accepts the Collision Damage Waiver (CDW), the liability of lessee is limited to $ 500,– for damage to the rented vehicle. If lessee fails to accept the CDW, lessee will be responsible for the whole damage amount, regardless of fault. Lessor will charge a deposit of $ 500,– for own risk for the delivery of the vehicle. Lessee shall receive this deposit in full back if the vehicle is returned free of damage and in the same condition as this was delivered by the lessor to the lessee. If damage is inflicted by theft, joyriding or vandalism, lessee will always be responsible and liable for the own risk, even if lessee accepted CDW, unless lessee insured the vehicle for Deductible Damage Waiver (DDW). If lessee does not accept the CDW or DDW the deposit is $ 1000,–
8. If lessee causes an accident due to a traffic violation every right on the possibly accepted CDW or DDW will be void. Lessee is in this case liable for the whole damage amount caused by or with the vehicle.
9. If lessee drives the vehicle on unpaved roads all risk, costs of damage, towing and cleaning are for the account of lessee. In such case every right on possibly accepted CDW or DDW is automatically void.
10. Driving in the Christoffel Park is in full for the risk and account of lessee. The cost of damage caused in the Christoffel Park will not be covered by the CDW or DDW.
11. If an accident is caused with the vehicle by a driver who is not the lessee or the co-driver mentioned on the reverse side hereof, the CDW or DDW shall than be void and the lessee shall be fully responsible and liable for all direct, indirect and consequential damage.
12. If the driver or a co-driver is between 18 and 25 years of age a deductible amount of up to $ 572,- will remain the lessee’s responsibility. A deposit of this amount shall be charged
1. In case of theft or joy riding, the lessee is obligated to immediately phone the police at the telephone (+5000) 911. Lessee confirms afterwards in writing or verbally the how the lessor was notified of the theft or joy riding. In the case of an accident lessee shall immediately notify the Curaçao Road Services (CRS) at the telephone (+5999) 199 or (+5999) 747-133. Lessee shall not leave the site of the accident without receiving first a filled out and signed police- or a CRS-report and the lessor has been informed of the case. If a police report or CRS damage reports haven’t been drawn up, the CDW or DDW will be void automatically and lessee shall be personally liable for the whole damage amount. Lessee shall submit in 24 hours a signed damage report at one of the branches of Boric Car Rental.
2. A layout drawing of the collision shall be drawn up and a clear description shall be given of the facts of the case, with a statement of time and place of the accident. Also a listing shall be drawn up of witness and additional particulars concerning the accident.
3. If lessee acts against the stipulations of this article lessee is responsible and liable for the damage to third parties, to the vehicle and. the consequential damage.
4. Theft Protection (TP)
Theft Protection or Vehiicle Theft Cover (TP) is optional. TP provides coverage in respect of theft or attempted theft of the rental car. If Lessee accepts the Theft Protection option, BORIC will cover the costs of replacing the rental car (or parts of it) during the period of cover. However the lessee, will have to pay an excess towards the replacement cost.
The Lessee has to keep in mind that TP insurance only covers said costs if the rental car is taken without lawful authority. TP does not cover negligence regarding loading of a vehicle (e.g. car unsupervised) or keys safekeeping (e.g.g. Left in the ignition).
The cost of the TP insurance is $ 2,-p/d. Lessee must be aware of the fact that if Lessee doesn’t accept the TP option, lessee will be responsible for the damage up to the full value of the rental car regardless of fault.
5. Personal Accident Insurance
Dear Client a comprehensive insurance may not cover you against every eventuality.
In the case you have chosen for the Limited Comprehensive Damage Endorsement, Boric Car Rental N.V. offers you the possibility to extend your coverage with the Personal Accident Protection Endorsement. This endorsement entitles the insured to compensation for personal injury to the occupants of a vehicle suffered as a consequence of an event described in a specified quotation.
To be paid in the event of death Naf. 10.000.00
To be paid in the case of disablement Naf. 25.000.00
Lessee is obliged to comply with the instructions given by the lessor. All judicial and extra-judicial documents that are have a bearing upon the accident must be sent immediately by the lessee to the lessor. The lessee refrains as far as legally permitted from making statements, promises or acts that might contain an acknowledgment of guilt or an obligation to indemnify third parties. Lessee refrains from acceptance or settlement of a damage claim to third parties. If lessee acts against these stipulations all costs and damages that arise from this for the lessor shall be for account of the lessee.
It is prohibited for the lessee:
a. to overload the vehicle;
b. to transport luggage that can cause damage to the vehicle or the upholstery of the vehicle;
c. to exceed the usual maximum number of persons or luggage for the vehicle;
d. to use the vehicle for other purposes than that for which the latter is destined according to its nature and equipment, as also to transport persons and goods against payment;
e. to give driving lessons with the motor car;
f. to tow or push other vehicles with the vehicle or to let the vehicle be towed or pushed without the expressed consent and on indications of lessor;
g. to participate with the vehicle in speed or agility matches, tests, rallies and other similar events;
h. to allow the vehicle to be driven by a person, whose data and signature does not appear on the reverse side hereof.
i. to drive the vehicle or allow this to be driven by others under the influence of alcoholic beverages, narcotics, medicine or other such substances which can influence the ability to drive of the driver;
j. to cause damage or injury with the vehicle to goods or persons.
If lessee locks the keys in the vehicle a minimum amount of $ 30,– will be charged. In the case of loss of the keys of the vehicle the lessee will be responsible for all cost of replacement. Lessee will be charged in that case for a minimum of $ 350,–
The lessor has the right to terminate the lease agreement at any time and to take back the vehicle wherever it may be, if he considers it necessary and doesn’t need to justify his action. Possible restitution will be determined on a per-occurrence basis. In case the vehicle is asked back because lessee caused an accident or because lessee did not comply with the obligations of this agreement the lessor shall not be obligated to reimburse possibly received money or pay any indemnification to lessee.
1. If customer has directed the charges to be billed to another person, firm or organization and they fail to pay the bill promptly when due, then the lessee shall pay the rental charges promptly upon demand to lessor.
2. In case of late payments, all collection charges and the legal interest on the money due will be for account lessee. Lessor will receive the whole indebted amount form lessee.
1. Lessor shall not in any case be responsible or liable for loss or damage to any property left behind, stored in the vehicle, or transported at any moment by lessee, or on request with or without the knowledge of lessee;
2. Lessor is not responsible or liable for any loss or damage caused by or coming forth of the negligence of lessee or third parties;
3. Lessee hereby assumes the risk in case of loss or damage and waves all claims against lessor;
4. Lessee hereby agrees to stand in for lessor and to hold the lessor harmless from any claims based upon or arising out of the loss or damage referred to herein.
These terms & conditions is governed by the laws of Curaçao.