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The Terms and Conditions form part of the Rental
Agreement ("Agreement"), which consists of
the following parts: the Terms and Conditions, an individualized
Rental document signed by Renter, a Return document
with final charges, and any amendments. This Agreement
is for the rental of the Vehicle described on the Rental
document. This Agreement is between the Renter signing
it ("I", "Me", or "My")
and Caribe Car Rental N.V. or an independent Alamo Car
Rental licensee identified on the Rental document ("Company",
"You"). I, the Renter agree to all Terms and
Conditions of this Agreement, including the Rental and
Return documents.
I understand I may not rent if I do not satisfy your
current standard rental qualifications.
1. Vehicle
I understand that you own the Vehicle. The Vehicle includes
tires, tools, equipment, accessories, keys and Vehicle
documents. The vehicle is delivered to me in good operating
condition solely for rental purposes.
I understand no one but you can transfer the Vehicle.
Attempted transfer by me or anyone else is void. No
one may service or repair the Vehicle without your prior
approval.
I AGREE THAT YOU MAKE 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
a. I represent that I am a capable and validly licensed
driver, 23 years of age or older.
b. The Vehicle shall NOT be operated by anyone except
me, and the following Additional Authorized Drivers
who are capable and validly licensed drivers, 23 years
of age or older and have my prior permission to drive
the Vehicle. In addition, an Additional Driver must
be:
(I) a person who has signed the Rental document of of
this Agreement as an Additional Authorized Driver after
qualification by the Company;
These are the only Additional Authorized Drivers who
may drive the Vehicle, except as otherwise required
by applicable law. I and Additional Drivers shall be
referred to in this Agreement as Authorized Driver(s)
3. Vehicle Returns
I agree to return the Vehicle to you in the same condition
in which I received it, except for ordinary wear and
tear. I agree to return the Vehicle to you location,
either on the due date and time specified on the Rental
document or upon you demand. If for any reason I cannot
return the Vehicle at the time and location required
by this Agreement including the reason that I gave the
Vehicle to another Authorized Driver or any other person,
who has failed to return the Vehicle to me, I will pay
for all loss, or estimated damages to Vehicle including
loss of use, claim processing fees and administrative
charges, as permitted by law.
4. Vehicle Repossession
You 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,
or for a Prohibited Use.
5. Prohibited Uses Of The Vehicle
I agree 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;
b. by any driver under the influence of intoxicants,
drugs, or any other substance known to impair driving
ability;
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 of if convicted
of careless driving;
f. to carry persons or property for hire;
g. to tow or push anything
h. in any race, rest, contest, or training activity;
i. on unpaved roads;
j. leaving the vehicle and failing to remove the keys
and the vehicle is stolen.
I UNDERSTAND THAT IF THE VEHICLE IS OBTAINED OR USED
FOR ANY PROHIBITED USE OR IN VIOLATION OF THIS AGREEMENT
SHALL BE VOID AND I 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 OPTION SHALL
BE VOID AND THE LIABILITY, PAI, PEC, AND SLI INSURANCE
SHALL BE VOID.
6. Payment
a. Minimum Charges - I understand the minimum rental
charge is for one day (24 hours), beginning at the time
of rental.
b. I agree to pay you upon demand:
1. All rates, charges, taxes, airport fees, including
charges for miscellaneous service and equipment, including
a service charge for lost keys locked in the Vehicle,
and all other amounts incurred as a result of this rental
transaction.
2. 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. If loss or damage
to Vehicle are covered by insurance, payment by the
insurer within the time limits prescribed by applicable
law is acceptable and prior payment be me may not be
required. This potential cost is eliminated if I accept
the CDW Option and comply with the Terms and Conditions
of the Rental Agreement.
3. Collection and Vehicle Recovery Expenses. All expenses
of any kind incurred as a result of collecting amounts
due recovery of Vehicle, including reasonable attorney's
fees.
4. Fines and Penalties. Fines and Penalties arising
out of the use of the Vehicle.
c. Credit car - I authorize you to reserve credit with
the card issuer in an amount equal to all estimated
charges. You may bill my card issuer at time of reservation
or upon delivery of the vehicle.
d. Payment Guarantee - If I have directed you to bill
charges to someone else who fails to make payment promptly
when due, I will promptly pay you on demand. If I direct
charges to be billed to another person, I represent
that I am authorized to give you such direction. I understand
that I remain individually responsible for all rental
charges, even if I direct you to bill another person.
e. Final Audit - I UNDERSTAND THAT ALL CHARGES ARE SUBJECT
TO FINAL AUDIT. I authorize any credits or additional
charges to be made and paid by the method used at the
time of rental or return.
7. Collision Damage Waiver Option (CDW) Responsibility
For Loss Of or Damage To The Vehicle
If I am involved in an accident or the car sustains
damage, even from unknown causes, or the Vehicle suffers
loss or is stolen, I am responsible for the resulting
loss or damages, other than accidental fire, or acts
of nature, as permitted by law. This includes estimated
cost of repairs, towing, storage, impound fees, loss
of use, claims processing fees, and administrative charges,
regardless of fault. This financial responsibility is
eliminated if I accept the CDW Option, pay for it, and
comply with this Agreement, including all Terms and
Conditions.
I UNDERSTAND THAT CDW IS NOT INSURANCE.
I Understand that my personal automobile insurance policy
may cover loss and damages to the rental vehicle as
well as fire, theft and personal injury incurred while
using a rental vehicle; that National cannot interpret
the terms of my insurance policy; and that it is my
responsibility to check with my insurance company and
my insurance agent. I further understand that National
cannot interpret the terms of my credit cards and it
is my responsibility to learn if my credit cards cover
loss or damage to the vehicle. If I accept the CDW Option,
I agree to pay the charge per day shown on the Rental
document for each full or partial day.
8. Refueling Service Charge
If I return the Vehicle with at least the same amount
of fuel as when I received it, then I will not pay a
refueling service charge. I understand that if I choose
not to refuel the Vehicle, you provide the service of
refueling the Vehicle. You will charge me for this refueling
service at the applicable rate specified in the Agreement.
I understand that this rate may be higher than what
I would pay to purchase fuel from a service station
in the area. The refueling service charge will be determined
as follows: If I buy fuel during the term of the Rental
but the tank is not full at return, this charge will
be the per litre rate specified on the front of the
Rental document multiplied by your estimate of the number
of litres required to refill the tank. This estimate
is arrived at by using the manufacturer's specified
tank capacity for the Vehicle and then determining the
capacity of the portion of the tank that is empty as
indicated by the Vehicle's fuel gauge.
9. Liability insurance or Qualified Self-Insurance
An automobile liability insurance policy or qualified
self insurance arrangement protects the Authorized Driver
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 fls. 150.000,- but
in no event in excess of, the minimum limits required
by the automobile financial responsibility or compulsory
insurance laws of the country in which the accident
occurs, unless other limits are provided pursuant to
a separate account Agreement. This coverage excludes
an claim made by a person who has signed the rental
document of this agreement as an additional authorized
driver after qualification by the Company;
I understand that if a claim is made or a lawsuit filed,
the Company may defend the claim, or lawsuit at its
sole discretion even if the claim or lawsuit, the Company
may, at its sole discretion make any settlements which
the Company considers advisable. However, the Company
is not obligated to pay any claim or judgment or to
defend any claim or lawsuit when the company's payments
have reached the limit of coverage.
I understand that this provision is intended to give
me clear notice of the Company's intent to relieve itself
of the duty to defend me upon exhausting of the minimum
limits required by the automobile financial responsibility
or compulsory insurance laws of the state in which the
accident occurs. 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 11. I understand that coverage does not apply
to:
a. Any obligations assumed by an Authorized Driver under
any contract of whatever nature;
b. Any fines, penalties, punitive damages or exemplary
damages which an Authorized Driver may become legally
obligated you pay;
c. Injury to or destruction of personal property owned
by or in the possession, custody or control of an Authorized
Driver or passengers;
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 the state or other jurisdiction in which the accident
occurred.
10. Personal Accident Insurance (PAI) (where available)
Personal Effects Insurance (PEC) (where available)
Supplemental Liability Insurance (SLI) (where available)
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I have read and understand the material which describes
these benefits and conditions which is available at
your location. I accept at rate shown on Rental document,
or decline PAI, PEC, and/or SLI. I understand that I
will be charged the rate per day for each full or partial
day. Acceptance is proof of coverage.
11. Accident, Theft and Claims Reporting
Authorized Drivers will immediately report any accident
or theft to the law enforcement authority for the jurisdiction
where the accident or theft occurred and to the Company
at the location where the Vehicle was rented. Authorized
Drivers must inform National as to what jurisdiction
the report was made to law enforcement authorities and
also deliver to the Company at the renting location
every summons, complaint or paper of any kind received
by any Authorized Driver in any way relating to an accident
or theft involving the Vehicle while rented under this
Agreement. Authorized Drivers will not aid or encourage
the filing of any claim against the Company as a result
of any accident and will cooperate fully with you and
your insurer, if any, in investigating and defending
any claim or lawsuit.
12. Responsibility for personal Property
I understand that you are not responsible for loss of
or damage to my property or the property of others left
at any time in or on your Vehicle or on your premises,
even if it is in your possession, regardless of who
is at fault. I will be responsible to you for all claims
made by others for such loss of damage.
13. Fines and Penalties
I will pay all fines, penalties and costs imposed for
parking or traffic violations with respect to the Vehicle
while rented under this Agreement. I will promptly report
such violations to you and will indemnify and hold you
harmless from all claims and costs arising out of such
violations, including expenses in connection with the
handling of such matters. I agree that all fines, penalties
and costs arising from parking or traffic violations
may be billed to the credit card I use at the time of
rental.
14. General Provisions
I agree that I will be responsible for unauthorized
repairs. I understand that you will not reimburse me
for authorized repairs without receipts. I understand
that it is the responsibility of the Authorized Driver
to comply with all applicable seat belt and child restraint
laws. The Authorized Driver is responsible for the protection
of all children under the age of five (5) by properly
using a child passenger restraint system that complies
with the Federal Motor Vehicle Safety Standards. The
Authorized Driver must supply this child restraint system
or rent it from you. I understand that in no event shall
any Authorized Driver be deemed for any purpose whatsoever.
I understand that you do no waive any rights under this
Agreement except in writing signed by an officer of
the Company, or an Authorized Representative of the
Company.
15. Law applicable
With relevance to the present agreement exclusively
Netherlands Antillean laws shall be applicable.
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