Rental Agreement

Article 1: The parties

‘The renters’ refers to the persons who sign this rental agreement and/or their beneficiaries as renter(s). ‘Owner’ refers to BBautoverhuur who leases the vehicle, stated in the agreement, to the renter(s). The rental agreement and associated General Terms and Conditions are not transferable. All driver(s) must be in possession of a valid driving license. If this agreement is concluded with several parties, these will be regarded as separate parties and all provisions therefore apply to each party separately.

Article 2: the vehicle

The renter(s) rents the vehicle from the owner as described in the attached rental agreement and expressly agrees with the conditions mentioned on these General Terms and Conditions of this rental agreement. The renter(s) declares that the vehicle stated in the rental agreement is in good condition and is free of damage, unless the digital check-in/check-out photofile, belonging to this rental agreement, proves otherwise, and that the renter will return the vehicle in the same good condition. On or before the start date of the rental period, the vehicle will be digitally photographed by the owner. Damages must be reported to the owner within 24 hours.

Article 3. The rentalterm.

The rental period is determined on the enclosed rental agreement. *After the 15th day of a connected rental period, the tenant will receive a 50% discount on the daily price with a maximum total rental period of 30 days. The lessor reserves the right to deviate from this discount scheme in advance and depending on (high) season and availability and to maintain the regular rates when preparing quotations. The additional cost of the all-risk cover is not covered by the discount scheme. The extension of an agreed rental period is only possible with the prior consent of the lessor. The rental period thus extended remains fully subject to these General Terms and Conditions.

Article 4. Driver(s).

Only persons who are in possession of a valid driving license are entitled to drive the vehicle. With every deviation from this, the renter(s) is/are entitled to appeal to article 19 of this General Terms and Conditions. All actions of other drivers that are not mentioned in the rental agreement are at all times complete and integral for the account and risk of the renter(s) named in the rental agreement.

Article 5. Returning the vehicle.

The renter(s) will return the vehicle on the date and time, as described on the rental agreement or agreed with the owner, or so much earlier if the owner requests the renter there under articles 10 and 19. The car must be returned at the address of the owner. For the car pick up at an address outside of Blue Bay Resort there will be a 15 euros surcharge. Only with the consent of the owner, the renter(s) can return the vehicle outside the opening hours of the company. In that case, the risk of damage and/of missing items rests on the renter(s) until that owner has physically picked up the vehicle on the next working day. During the rental period it is prohibited to smoke in the car. Upon observation, a surcharge of 50 euros will be charged for the cleaning the air conditioning installation.

Article 6. Replacement of the vehicle.

The rented vehicle can only be replaced by another vehicle with the permission of the owner. Unless a new rental agreement is drawn up for this purpose, the conditions mentioned in this agreement also apply to the replacement vehicle. In the event of damage to the rented vehicle due to the fault of the renter(s) or technical force majeure, the renter(s) is not automatically entitled to replacement transport.

Article 7. Cancellation.

If the renter(s) prematurely cancels this rental agreement (during the term of the agreement), the renter(s) will reimburse the owner for the deposit. Early cancellation is possible with due observance of the following terms: More than 3 months before the start of the rental period: no costs. Between the 90th and 60th day before the start of the rental period: 25% of the rent. Between the 59th and 30th day before the start of the rental period: 50% of the rent. Less than 30 days before the start of the rental period: 75% of the rent. Less than 7 days before the start of the rental period: 100% of the rent. The special corona policy apply only if explicitly stated in the quotation.

Article 8. Maintenance of the vehicle.

The renter(s) will use the vehicle according to the guidelines prescribed by the manufacturer of the vehicle. The renter(s) gives permission to periodically recall the vehicle for maintenance and/or mandatory vehicle inspection by the owner, whereby the owner will, if necessary and possible, arrange for replacement transport. The use of four-wheel drive, if the car is equipped for this, is explicitly not permitted. (with the exception of a factory permanent four-wheel drive) Any technical damage as a result of this is fully at the expense of the renter(s). Renter(s) shall never have repairs, replacements or carry-over carried out without the express, prior and/or written permission of the owner. All costs of repairs, carry-over and/or replacement of parts without the aforementioned consent of the owner are entirely at the expense and risk of the renter(s). Flat and/or broken tires are at all times for the account of the renter(s). In case of serious damage to the sides of the tires, these will be renewed for the account of the renter(s). In technical and non-recoverable failure of the air-conditioning installation, the lessee is entitled to the degradation of one level in terms of category from the date of failure of the installation. In the event of a faulty refueling of the fuel specified for the vehicle according to the manufacturer’s specification (diesel instead of gasoline or vice versa), 285 euros (tank, hose and engine cleaning) will be charged. For cars with a gasoline engine, the yellow filling pistol applies to the entire island (at each pumping station). For cars with a diesel engine on the entire island (at each pump station) one has to use the black filling pistol.

Article 9. Excess for liability insurance and comprehensive coverage.

1. Liability insurance: The excess of the rented vehicle for the liability insurance is set at 350.00 euros per incident. For drivers 23 years or younger/ 60 years or older and/or less than 2 years in possession of a driving license at the start of this rental agreement, an increased deductible of 500 euros applies. The deductible for the liability insurance part is exclusively intended to cover damage to third parties. In the event of a damage caused by the fault of the driver(s) to the rented vehicle, the driver(s) is/are obliged to pay this damage in full to the owner on the basis of repair or replacement costs. The renter(s) will again use the rented property after paying the total amount of the damage. In case of total loss and/or theft damage, the renter(s) is/are liable for the actual replacement value of the vehicle, tested against the current market situation. The replacement value is determined in advance by the owner of the vehicle and is stated in the rental agreement. The renter(s) expressly agrees with the fixed replacement value and loses the right to have the replacement value determined by a third party after the occurrence of a total loss and/or theft damage.
2. General Provisions: Renter(s) is/are not entitled to alternative transport for total loss due to debt (own fault) and/or theft or theft damage. The duration, provisions and obligations of the rental agreement and General Terms and Conditions remain unaffected by the aforementioned damage. The renter(s) has/have no right to terminate the rental agreement unilaterally and prematurely in the event of a total loss and/or theft damage on the basis of the damage incurred, subject to the express and written agreement of the owner. The owner does not grant a refund of already paid rent and/or placed guarantees after the occurrence of a total loss and/or theft damage if the renter is designated as the cause. The deposited deposits and/or prepaid rental fees may never be used to set off any resulting total loss and/or theft damage. In the event of a total loss and/or theft, the renter(s) is/are responsible for all towing and/or removal costs of the vehicle due to a fault. Residue value of the vehicle, in case of total loss and / or theft damage, can never be settled with the resulting replacement value of the vehicle, except with the explicit and written consent of the owner. The renter(s) will never automatically legally, materially or morally own the property after reimbursement of the resulting replacement value and other costs related to the rental agreement and General Terms and Conditions, subject to explicit and written consent of the owner. Costs arising from this article 9 sub 1, 2 and 3 must be paid to the owner within three working days, failing which the insurance cover will be suspended.
3. Comprehensive coverage (all-risk): The excess for the comprehensive coverage coverage of the policy for the rented vehicle is supplementary to the deductible excess in art. 9 sub 1 and set at 750.00 euros per incident. For drivers 23 years or younger/ 60 years or older and/or less than 2 years in possession of a driving license at the start of this rental agreement, an increased deductible of 1000 euro applies. Renter(s) can only claim the comprehensive coverage if this is explicitly included in the rental agreement at the start of the rental agreement. The provisions stated in art. 9 sub B are without prejudice to a comprehensive coverage.

Article 10. Exclusion of insurance.

(1) The vehicle is misused, overloaded, re-rented, used for competitions or driving skills / drivingexams or to tow, any unlawful action is taken with the vehicle, or if the key is left in the vehicle in the absence of a rental agreement listed driver; (2) the underside of the vehicle is damaged; (3) the damage is the result of intent or gross negligence; (4) the renter(s) lacks the authority to drive the vehicle; (5) the renter(s) at the time of causing the damage under the influence of alcohol, drugs, or any other substance (narcotics) that may affect the ability to drive; (6) the renter(s) fails to report damage to or loss of the vehicle to the police and to the owner within 24 hours after the damage occurred, or within one hour after the discovery of a missing person; (7) the renter(s) fails to submit a fully completed collision and damage report from CRS to the owner; (8) the damage is the result of loss and not all original vehicle keys are returned to you; (9) the damage is the result of non-compliance with any provision of the agreement. Damages, repairs and valuations are only carried out by a repairer / appraiser appointed by the owner. The owner reserves the right to have the insurer investigate an alleged breach of the exclusions mentioned in this article. In case of police and / or witness statements, statement of CRS or otherwise legally acceptable burden of proof, the renter(s) is/are fully liable for damage to third parties and damage in accordance with art. 9 and 11 of these General Terms and Conditions.

Article 11. Overhead damage, damage to horizontal body parts and interior.

For all damage to the horizontal body parts of the vehicle (bonnet, roof and tailgate), the renter(s) accepts a non-deductible excess of 500.00 euros, without prejudice to the provisions in Articles 9, 12 and 13. Glass damage and / or breakage and interior damage are excluded from any cover, without prejudice to the provisions of Articles 9, 12 and 13.

Article 12. Insurance against Legal Liability.

This seperate insurance offers coverage for the risk of liability for damage to third parties. However, the liability insurance section does not provide cover for damage to and/or total loss/theft damage of the rented vehicle. A copy of the policy is available for inspection at the owner. The renter(s) agrees to fully compensate the owner for the damage that is not covered by this policy. In addition, the renter(s) indemnifies the owner for any claim of the liability insurer of renter(s). If the Renter(s) has/have taken out a comprehensive coverage cover for the entire period, the provisions of Art. 9 sub C of the General Terms and Conditions.

Article 13. Occupational insurance.

Any right to said occupant insurance shall lapse if in accordance with and according to art. 10 these regulations are not complied with in these General Terms and Conditions. The renter(s) indemnifies the owner from any legal, moral and / or material liability with regard to injury and/or liability damages in relation to the occupants, subject to the conditions included in these occupants insurance policy and provided that all articles included in these General Terms and Conditions have been complied with.

Article 14. Traffic fines and related costs.

The renter(s) acknowledges his/her liability for traffic fines and traffic violations regarding the rented vehicle for the duration of this rental agreement. If certain traffic fines or related costs are to be paid by the owner, the renter(s) will compensate the owner for these fines and costs. Traffic fines and related costs can never be settled with the deposits placed.

Article 15. Costs during the rental time.

During the time the renter(s) rents the vehicle, the operating costs are as follows; fuel, storage, washing and such on behalf of the renter(s).

Article 16. Debt collection.

The owner is entitled to correct the settlement on the basis of your administrative control. The renter(s) will pay all amounts due, including those for loss and/or damage to the vehicle, to the owner. Either, if expressly agreed otherwise with the owner in writing, or within the terms of payment included in these General Provisions and rental agreement. In the event of late payment, the renter(s) is obliged to pay interest amounting to 1% per month, as well as compensation for all costs in connection with the collection activities including legal costs of both the owner and third parties, which costs of collection are set at 20%. of the amount due, but at least at 75.00 euros.

Article 17. Loss of my property.

The owner is not responsible for damage to/or loss of items that the renter(s) would leave in the vehicle.

Article 18. Use area of ​​the vehicle.

The vehicle may only be used on the public road of the island area. Any damage and/or loss related to the vehicle and/or occupants or their property outside the public road are entirely at the renter(s) own risk. If the use of the vehicle on the ‘Hato vlakte’ or similar off-road sites is detected, 150 euro cleaning and cleaning costs of the motor will be charged immediately.

Article 19. Dissolution of the rent.

The owner is entitled to dissolve the rental agreement without prior notice, notice of default or judicial intervention and to return to possession of the vehicle, without prejudice to renter(s) right to compensation of costs, damage and interest, if the owner believes that a risk could arise regarding art. 8, 9 and 10 of these General Terms and Conditions, or the owner suspects that the renter(s) does not comply with all the conditions of this rental agreement, or will be held in the future.

Article 20. Complaints.

Owner will only handle the renter(s) inquiry or complaint until 3 months after the termination of the rental period. If the renter(s) would like to inquire afterwards, or want to have a complaint dealt with, the renter(s) will pay administration costs amounting to 35.00 euros.

Article 21. Applicable law.

The lease is governed at all times by Antillean law with island territory Curaçao. If a case is submitted to the court, then only the court in the owners jurisdiction registered office has jurisdiction . All obligations of the renter(s) towards the owner related to the present renter(s) agreement and the General Terms and Conditions must be met at the moment that the renter(s) leaves the island territory of Curaçao. All legal and/or collection costs that the owner must make in the country, residence and/or residence of the renter(s), after leaving the island territory of Curaçao, in order to fulfill the obligations in these General Terms and Conditions and rental agreement to the owner, will be fully charged to the renter(s).

Article 22. Payments and conditions.

Before the start of the rental agreement must be met; the rent and the deposit in the amount as indicated on the rental agreement. At the owner’s request, proof of payment must be provided. Deposits will be refunded by the owner after checking and collecting the vehicle only by banking, unless explicitly agreed otherwise in writing. Payment must only be made by (digital) bank transfer or otherwise with the consent of the owner. The owner is entitled to pass on indexations, increases of the island territory of Curaçao, insurance or price falls more than 10% to tenant. Rental agreement and ensuing obligations towards the owner (or if explicitly stated otherwise) is expressed in euros. In case of settlement of euros to Antillean Guilders, a fixed average exchange rate of 2.3 is maintained. In case of settlement of euros to US Dollars, a fixed average exchange rate of 1.35 is maintained.

Article 23. Reference date.

All rental agreements, with an initial date of 1 January 2018 or later, are fully and unconditionally bound to the terms and conditions of these General Terms and Conditions pertaining to the rental agreement. No rights can be derived from all previous published and/or provided provisions, regulations, agreements and/or agreements, whether or not recorded in writing, with regard to the regulations of the General Terms and Conditions and are not legally valid after the aforementioned date.

A payment in accordance with the rental agreement to the owner is considered as read, approved and signed by the renter(s)