Caribe Car Rental N.V. , independent Alamo Franchisee (Company), owns the Vehicle. The Vehicle includes tires, tools, equipment, accessories, keys and Vehicle documents. The Vehicle is delivered to the client in good operating condition solely for rental purposes. The Client understands that no one but the Company can transfer the ownership title (“transfer”) of the Vehicle. Attempted transfer by the Client or anyone else other than the Company is void and will be reported to the Curaçao Police Department as felony embezzlement. No one may service or repair the Vehicle without the Company’s prior approval and consent. The client is aware that damage(s) resulting from service or repair to the Company’s Vehicle without prior approval and consent are not covered by the optional Collision Damage Waiver as described in part 7 of these Terms and Conditions. The client understands that he/she will be held financially responsible for such damage(s).
THE CLIENT AGREES THAT THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE VEHICLE, ITS MERCHANTABILITY OR FITNESS FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE RENTAL OF THE VEHICLE TO ME.
2. WHO MAY DRIVE THE VEHICLE - AUTHORIZED DRIVER(S)
a. The Client represent that he/she is capable and validly licensed driver, 23 years of age, or older.
b. The Vehicle shall NOT be operated by anyone except the client, and qualified Additional Authorized Driver(s) who are capable and validly licensed drivers, 23 years of age or older and have the company’s prior permission to drive the Vehicle. In addition, an Additional Driver must be:
i. person(s) who has signed the Rental document of this Agreement as an Additional Authorized Driver(s) after being qualified by the Company;
These are the only Additional Authorized Driver(s) who may drive the Vehicle, except as otherwise required by applicable law. Additional Driver(s) and I shall be referred to in this Agreement as Authorized Driver(s).
c. If the client, or any Additional Authorized Driver(s), is 23 or 24 years of age, the client agrees to an additional daily fee to be determined by the Company.
d. If the client, or any Additional Authorized Driver(s), allows person(s) under the age of 23, to drive the Vehicle, all optional coverage options are void and the client will be held financially responsible for any damages to the Vehicle.
3. VEHICLE RETURNS
The client agrees to return the Vehicle to the company in the same condition in which the client received it, except for ordinary wear and tear. The client agrees to return the Vehicle to the company’s location, either on the due date and time specified on the Rental document or upon the company demands. The client understands that if he/she wishes to extend the rental period beyond the return date and time shown on the rental document, the client must go to company’s rental location and sign a new Agreement to extend the rental period (Extension). An Extension is subject to availability and is not automatic. The Company, in its sole discretion, may refuse an Extension. Unless a new Agreement is properly obtained extending the rental period, all coverage products and protection options under the expired Agreement may be voided. Failure to obtain a new Rental Agreement to replace one which has expired may result in the Company filing a “stolen property” report with the Curaçao Police Department for the Vehicle and the person responsible. The client understands that he/she will pay for all loss or estimated damages to the Vehicle including, but not limited to, loss of use, claim processing fees and administrative charges for the days the client did not return the Vehicle according to the date and time agreed, as permitted by Curaçao law.
4. VEHICLE REPOSSESSION
The company may repossess the Vehicle without demand at my expense if the Vehicle is found illegally parked, apparently abandoned, used in violation of law or of this Agreement, past the return due date, or for a Prohibited Use as described in this Agreement.
5. PROHIBITED USES OF THE VEHICLE
The client agrees that the Vehicle shall NOT be used by, or for, any of the following
PROHIBITED USES, subject to applicable law:
a. By an unauthorized driver(s);
b. By any driver under the influence of alcohol, drugs, intoxicants or any other substance known to impair the ability to drive;
c. For any illegal purpose;
d. By anyone who gives the Company a false name, address, age or other false or misleading information;
e. In any abusive or reckless manner or if convicted of careless driving;
f. To carry persons, or property, for hire;
g. To tow or push other vehicles or objects;
h. In any race, test, contest, or training activity;
i. On unpaved roads or off-road activity.
THE CLIENT UNDERSTANDS THAT IF THE VEHICLE IS OBTAINED OR USED FOR ANY PROHIBITED USE OR IN VIOLATION OF THIS AGREEMENT SHALL BE VOID AND HE/SHE SHALL BE FULLY RESPONSIBLE FOR ALL LOSS AND RESULTING DAMAGES, INCLUDING LOSS OF USE, CLAIMS PROCESSING FEES,
ADMINISTRATIVE CHARGES, COSTS AND ATTORNEY’S FEES ALSO, WHERE PERMITTED BY LAW, THE CDW AND DP OPTION SHALL BE VOID.
a. Minimum Charges – The client understands the minimum rental charge is for one day (24 hours), beginning at the time of rental.
b. The client agrees to pay the company upon demand:
i. All charges related to the rental of the Vehicle and optional equipment or services, which include, but are not limited to, rental rate, government taxes, airport fees, hotel fees, roadside assistance fees, recovery fees, and all other amounts incurred as a result of this rental transaction,
ii. Vehicle Damage - Regardless of fault, all loss or estimated damage to Vehicle, including loss of use, claims processing fees and administrative charges, as permitted by law, while renting under this Agreement. This potential cost is eliminated if the client accepts the Collision Damage Waiver & Deductible Protection Option and comply with the Terms and conditions of the Agreement,
iii. Collection and Vehicle Recovery Expenses - All expenses of any kind incurred as a result of collecting amounts due to recovery of Vehicle, including reasonable attorney’s fees,
iv. Fines and Penalties - Fines and Penalties arising out of the use of the Vehicle during my rental.
c. The client understands that the Company only accepts payment by major credit cards and the client authorizes the company to reserve credit with the card issuer in an amount equal to all estimated charges. If the client opts not to take the company’s optional coverages protecting him/her from charges related to damages to, or theft of, the Vehicle, the client authorizes the company to reserve the amount of the approximate cost of the vehicle rental, optional service(s), and additional credit up to US$ 1,000.00, with the card issuer. The company may bill the client’s card issuer at time of reservation or upon return of the Vehicle.
d. The client understands that if he/she wishes to pay the Company by alternative method of payment, the client shall request this to the company in writing and if agreed, receive written consent by the Company prior to Vehicle pick-up.
THE CLIENT UNDERSTANDS THAT ALL CHARGES ARE SUBJECT TO FINAL AUDIT AND THEFORE AUTHORIZES THE COMPANY TO APPLY CREDITS OR CHARGES RELATED TO THIS AGREEMENT AFTER VEHICLE RETURN TO THE CREDIT CARD USED AT TIME OF VEHICLE PICK-UP.
7. COLLISION DAMAGE WAIVER OPTION / THEFT PROTECTION (CDW/TP)
RESPONSIBILITY FOR LOSS OF, OR DAMAGE TO, OR THEFT OF, THE VEHICLE
If the client is involved in an accident, theft, or if the Vehicle sustains damage, even from unknown causes, the client is responsible for the financial charges to repair the resulting damages to the Vehicle. Other costs related to the damage to the Vehicle may include towing, storage, impound fees, loss of use, claims processing fees, and administrative charges, regardless of fault. This financial responsibility is reduced to a maximum of US$ 500.00 if the client accepts the CDW Option on the rental document, pays the charges as shown on the rental document, and complies with the Agreement, including all the Terms and Conditions.
THE CLIENT UNDERSTANDS THAT CDW / TP IS NOT INSURANCE.
The client understands that his/her personal automobile insurance policy or travel insurance policy (insurance policy), may cover damages to the Vehicle as well as fire and personal injury incurred while using a rental Vehicle; the client understands that the Company cannot interpret the terms and conditions of his/her insurance policy and that it is the client’s responsibility to check with his/her insurance company and the client’s insurance agent what the limitations and responsibilities are of his/her insurance policy. The client further understands that the Company cannot interpret the terms and conditions of his/her credit card and it is the client’s responsibility to learn if his/her credit card covers any damages to the Vehicle. The CDW Option is only valid when opted during reservation or pick-up of the Vehicle. In case the car sustains damages due to fire, events related to acts of God or acts of terrorism, the CDW option will not cover damages to the Vehicle.
CDW / TP provides coverage for theft, or attempted theft, of the Vehicle. The client understands that he/she may decline the CDW / TP Option. If the client declines the CDW / TP Option and the Vehicle is stolen and not recovered within 30 days, the client will pay the Company the fair market value, which is the retail value of the Vehicle immediately preceding the theft of the Vehicle. If the Vehicle is recovered within 30 days, the client will pay the Company the fair market value less proceeds of the sale of the salvaged Vehicle. The CDW / TP Option is only valid when the client accepts this Option on the rental document, pay for the charge as shown on the rental document, and complies with this Agreement, including all Terms and Conditions. The client understands that CDW / TP Option is only valid if he/she still has possession of the ignition key or if the Company establishes that the ignition key was not in Vehicle at the time of the theft. The client further understands that in case of Theft of Vehicle or damages resulting from the theft of the Vehicle during which the client failed to exercise ordinary care of Vehicle, the CDW / TP Option will be invalidated. The CDW / TP Option is only valid when opted during reservation or pick-up of the Vehicle.
9. DEDUCTIBLE PROTECTION (DP)
If client accepts the CDW / TP Option, he/she understands that the financial responsibility is reduced to US $ 500.00 in case of damage to the Vehicle. The client is able to further reduce the financial responsibility to zero (US$ 0.00) if he/she accepts the DP Option on the rental document, pay the charge as shown on the rental document, and complies with this Agreement, including all Terms and Conditions. The DP Option is only valid when opted during reservation or pick-up of the Vehicle.
10. ROADSIDE ASSISTANCE PROTECTION (RAP)
If client accepts the RAP Option on the rental document, pay the charge as shown on the rental document, and comply with this Agreement, including the Terms and Conditions, the company will provide roadside assistance without additional charge. RAP includes towing (not related to an accident), flat tire service (if no inflated spare is available, vehicle will be towed), lockout service (if keys are locked inside the vehicle), jumpstarts, and fuel delivery service for up to 5 liters of fuel. RAP IS VOID IF THE CLIENT, OR ANY AUTHORIZED DRIVER(S), WERE USING THE VEHICLE IN VIOLATION OF THE TERMS AND CONDITIONS.
11. REFUELING SERVICE CHARGE
The client will return the Vehicle with at least the same amount of fuel as when I received it. If the client returns the Vehicle with less fuel than how received, he/she will pay the Company a refuel service charge per liter as shown on the rental document and determined by the company to refuel the Vehicle for the client. The refuel service charge will be determined by estimating the difference in fuel level shown on the fuel gauge from the time Vehicle is rented to the time it is returned. The client understands that he/she shall not receive a refund or credit if Vehicle is returned with more fuel than how they received it.
The client understands that, as stated in section 5, it is prohibited to drive the Vehicle on unpaved roads. Furthermore, the client understands that he/she is responsible for the cost to repair damages to the tires that are not deemed normal wear and tear. The client is aware that damages to the tires are not covered by the CDW or DP Options.
13. SMOKING AND EXCESSIVE DIRT
The client understands that Your Vehicles are considered non-smoking cars. Additional cleaning fees may apply if a Vehicle is returned in a condition where it would have to be carefully cleaned and deodorized due to smoking. The client is also aware that additional cleaning fees apply if he/she returns the Vehicle with excessive dirt.
14. LIABILITY INSURANCE OR QUALIFIED SELF-INSURANCE
An automobile liability insurance policy or qualified self-insurance arrangement protects the client and any Authorized Driver(s) on a primary basis in respect to other insurance, for third party bodily injury, death of another and for property damage other than to the rental vehicle on a per-occurrence basis as permitted by this Agreement, arising from the use of the Vehicle. The coverage is in an amount up to CMg. 250,000.00 but in no event in excess of, the minimum limits required by the automobile financial responsibility or compulsory insurance laws of Curaçao, unless other limits are provided pursuant to a separate account Agreement. This coverage excludes a claim made by a person who has signed the rental document as an additional authorized driver after qualification by the Company; The client understand that if a claim is made or a lawsuit filed, the Company may defend the claim, or lawsuit at its sole discretion. The Company may, at its sole discretion, offer settlements that the Company considers advisable. However, the Company is not obligated to pay any claim or judgment, or obligated to defend any claim or lawsuit when the Company’s payments have reached the limit of the coverage. The client understands that this provision is intended to give him/her clear notice of the Company’s intent to relieve itself of the duty to defend the client upon exhausting of the minimum limits required by the automobile financial responsibility or compulsory insurance laws of Curaçao. All Authorized Drivers protected under the above arrangement agree to comply with and be bound by all its terms, conditions, limitations and restrictions, which are made a part of this Agreement by reference. All Authorized Drivers shall comply with procedures on accident and claims reporting as set forth below in Section 13.
The client understands that coverage does not apply to:
a. Any obligations assumed by the client or an Authorized Driver under any contract of whatever nature;
b. Any fines, penalties, punitive damages or exemplary damages which the client or an Authorized Driver may become legally obligated to pay;
c. Injury to, or destruction of, personal property owned by, or in the possession, custody or control of, the client or an Authorized Driver or passenger(s);
d. Any liability of a driver who is not an Authorized Driver and any liability for an accident which occurs while the vehicle is obtained or used in violation of this Agreement.
In the event that the liability coverage is extended by operation of law to anyone not permitted by this Agreement to drive the Vehicle, the limits of coverage shall be the minimum required, by the automobile financial responsibility or compulsory insurance laws of Curaçao.
15. ACCIDENT, THEFT AND CLAIMS REPORTING
The client understands that in case of damage to the Vehicle, Theft of the Vehicle or if the client is involved in an accident, he/she is to remain on the scene and call Forensys at 199, or in case of Theft, the Curaçao Police Department at 911 immediately. The client will receive a copy of the official damage, theft or accident report, which he/she will immediately file with the Company. Without this report the client can be held liable for all damages, even if the client is not at fault. After having notified Forensys or Curaçao Police Department, the client will notify the Company during office hours at 869-4433. As Authorized Driver(s), clients will not aid or encourage the filing of any claim against the Company as a result of any accident and will cooperate fully with the company and the company’s insurer, if any, in investigating and defending any claim or lawsuit. Failure in cooperating with the company or the authorities could result in invalidation of the optional CDW, TP or DP coverages.
16. RESPONSIBILITY FOR PERSONAL PROPERTY
The client understands that the company is not responsible for loss of, or damage to, his/her property or the property of others left at any time in or on the company’s Vehicle or on company premises, even if it is in the company’s possession, regardless of who is at fault. The client will be responsible to the company for all claims made by others for such loss of damage.
17. FINES AND PENALTIES
The client will pay all fines, penalties and costs imposed for parking or traffic violations with respect to the Vehicle while rented. The client will promptly report any such violations to the company and will indemnify and hold the company harmless from all claims and costs arising out of such violations, including expenses in connection with the handling of such matters. The client agrees that all fines, penalties and costs arising from parking or traffic violations may be charged to the client.
18. PROCESSING OF RENTER DATA
19. AIRPORT / HOTEL– IMPOSED FEES
An Airport or Hotel Concession Recovery fee applies to all rentals initiated at our Airport or Hotel rental locations.
20. GENERAL PROVISIONS
The client agrees that he/she will be responsible for unauthorized repairs to the Vehicle. The client understands that the Company will not reimburse him/her for authorized repairs without receipts by an officially licensed brand dealer. The client understands that it is the responsibility of the Authorized Driver to comply with all applicable seatbelt and child restraint laws for the protection of children under the age of nine (9). The Authorized Driver must supply an approved child restraint system or rent it from the Company. The client understands that in no event shall any Authorized Driver be deemed for any purpose whatsoever. The client understands that the Company does not waive any rights under this Agreement except in writing signed by an officer of the Company, or an Authorized Representative of the Company.
21. LAW APPLICABLE
With relevance to the present agreement exclusively Curaçao laws shall be applicable.