1: Rental Terms and Conditions:
These rental terms and conditions apply to car rental agreements between Drive Away Rental Car as lessor and a renter of a vehicle.
2: Rent
Payment of rent is to be made in cash in Nafl or USD or by bank transfer. The prepayment of the deposit and rent includes payment of the full rental amount due, deductible excess, and all expenses to which the lessor is liable. The deposit of the deductible excess will only be settled once the vehicle is returned to the rental company.
The rental dates predetermined during the final reservation are binding. The renter is obliged to pay the agreed number of rental days in advance, even if the car is picked up later or returned earlier than previously determined.
The car rental is per day (not per 24 hours). The car will be available from 9:00 am the morning of pick up. The car must be returned no later than 10:00 pm on the night of return. The car can be returned to the rental company at a predetermined location, including but not limited to the airport or the resort the client is staying at. For everywhere west of the neighborhood Grote Berg, towards west point, will be charged extra in consultation with the rental company.
3: Insurance
The car has liability insurance. In case of costs due to damage to the rental car originating from an accident, collision, theft, burglary, vandalism, or otherwise, an additional 500 USD will be recovered from the renter, this will be assessed per claim. The renter hereby explicitly indemnifies the rental company for these costs. If, based on policy conditions, no coverage can be offered as the damage is caused by the renter, all costs will be fully recovered from the renter. The renter consents to fully compensating these damages by signing these terms and conditions. This is the case, among others, in case of violation of traffic rules by the driver, unresponsive/ reckless driving behavior, driving under the influence of alcohol, drugs, or medication that influences driving behavior. Damage incurred without the knowledge of the renter is also the responsibility of the renter.
4: deposit
A deposit of 500 USD or its equivalent must be paid in advance by the renter.
The deposit can never be used as an advance payment of rent, or be used to cover any other expenses other than those for which the deposit is intended. Deductible excess of 500 USD per claim. If the security deposit is addressed before the agreed upon rental period ends, the deposit must be immediately replenished to 500 USD.
5: General
5.1: Only those mentioned on the rental contract with name and driving license number may drive the car.
5.2: The renter indemnifies the lessor for all damages of and to occupants or third parties for which the driver may be liable.
5.3: During the time that the renter has the vehicle at his disposal, costs related to the vehicle, such as motor fuel and parking fees, are at the expense of the renter.
5.4: The renter indemnifies the rental company for all fines imposed on the rental company during the rental period for criminal offenses committed by the driver and/or occupant.
5.5: The renter must ensure that the coolant and oil levels and tire pressure are checked regularly. In case of damage due to negligence of this, costs will be recovered from the renter. Punctures and damage to tires are the responsibility of the renter. The renter can go to a tire repair shop. Changing and repairing a tire (+9 USD) or replacing a tire - if the tire cannot be repaired (+ 45 - 55 USD) - has to be arranged and paid for by the renter himself. Renter must notify the lessor immediately if work has been done on tires. If the vehicle is returned with a flat (spare) tire, an additional 200 USD will be charged.
5.6: If driving the rented vehicle is impossible due to a defect in the vehicle, the renter is only entitled to replacement transportation if another car is available within the company. Other costs or (consequential) damages will not be reimbursed. In all other cases where further driving is impossible, the renter is not entitled to replacement transportation. The lessor shall never be liable for damage to cargo, regardless of how this was caused. The renter is entitled to replacement transportation (if available at the company), if the renter is found not guilty in case of a collision.
5.7: The renter declares, subject to proof to the contrary, to have received the vehicle without visible defects and/or damage, unless otherwise indicated in the damage report. In the event of a defect to the vehicle/interior and/or damage occurring to or caused by the rented vehicle, the renter is obliged to notify the rental company immediately.
5.8: The renter undertakes not to overload or cause overload to the vehicle with passengers, luggage, cargo, etc.
5.9: Super motor fuel/ Premium-grade gasoline (US) must be filled at the pump (yellow hose at the pump). When the vehicle is delivered, it should have the same tank capacity as when received. Difference per 1/8 tank is Nafl 15 (empty, 1/8, 1/4, 3/8, 1/2, 5/8, 3/4, 7/8, full). Costs resulting from wrong use of fuel are fully for the account of the renter.
5.10: It is not allowed to park the car overnight at Hato Airport.
5.11: Parking in Otrabanda and Punda after 6 p.m. is at your own risk. Visiting Watamula National Park, Shete Boca National Park and unguarded beaches (beaches without guarded parking facilities) is entirely at your own risk. In the event of theft and damage in these cases, all costs will be recovered from the renter.
5.16: The car must be parked in an enclosed area at the renter’s home or vacation address at all times, as far as possible out of sight of the public road and in no case on the public road. If the renter does not have this possibility, the renter should indicate this in advance. Damage to the car due to burglary or due to parking in a location other than as mentioned above will be the full responsibility of the lessee.
5.17: The car must be returned in the same condition, including accessories, spare tire and tools. The car has to be left clean and tidy. If the rental company deems it necessary, cleaning costs may be charged (25 USD).
5.18: The car is insured for use on public roads. Damage and pollution caused by off-road use of the vehicle are always and completely the responsibility of the renter and at least the full deposit will be retained. If an investigation shows that the damage exceeds the deposit, an additional charge will be made.
5.19: Do not leave belongings in the car. This prevents damage to the car and theft of belongings. In addition, it prevents
5.20: The rental company is not responsible for personal possessions left in the car.
5.21: In case of damage and/or glass damage and therefore loss of rental days for repair, replacement transportation can be obtained only if a car is available. In case of damage to the car, for which the security deposit is addressed, the security deposit remains under the management of the lessor until the damage is paid.
5.22: The renter is fully liable for damage caused by ignoring dashboard warning lights and temperature gauges and damage caused intentionally, contingently or with the approval of the lessor.
5.23: It is strictly forbidden to carry out modifications or repairs (or have them carried out) without the permission of the lessor.
5.24: If the car is left unattended, the renter must remove the key and lock the car and activate the anti-theft device. In case of malfunction or damage, contact the lessor as soon as possible, malfunctions of the car that were solved by the renter cannot be charged.
5.25: Smoking in the vehicle is prohibited, if there is any smoking in the car, a cleaning fee of 170 USD will be charged.
6: Breakdown on the road.
In case of breakdown on the road, or at your residence/ apartment/hotel, you can call roadside assistance at +5999 465 0896. The roadside assistance does not come to Christoffel Park and on unpaved and/or terrains that are difficult to reach; in these cases the renter must pay any towing and repair costs themselves.
7: Damage or collision.
In case of an accident or collision, the renter is obliged to the following:
1. Inform the rental company immediately and call the Curacao Road Service, phone 199.
2. If necessary, notify the traffic police, telephone 911.
3. Before arrival of the Curaçao Road Service the vehicle may NOT be moved, and after arrival of the 'Curaçao Road Service' the vehicle may only be moved with their permission.
4. Follow instructions from the rental company, such as submitting a witness statement and/or other documents related to the event.
5. At all times, within 24 hours, unless otherwise agreed upon in writing, the renter must submit a fully completed and signed Curaçao Road Service damage report form to the rental company.
6. Refrain from acknowledging guilt in any form whatsoever.
7. Never leave the vehicle behind without having made proper use of all safety measures against accidents, theft and burglary fitted to the vehicle.
8. To lend the lessor and any persons appointed by the lessor all requested assistance in defending against third-party claims or in obtaining compensation from third parties, and to hand over to the lessor all documents and letters etc. received by the hirer/driver or served to them in connection with the accident.
If the car needs to be towed, the roadside assistance service should be called. +5999 465 0896
8: Failure to comply with the above will void the insurer's right to compensation and all damages will be recovered from the renter.
The vehicle may not be used or driven:
1. By a person who does not hold a valid driver's license, whose correct name and address is not stated on the rental agreement, or by those of whom an incorrect name, address or age is given.
2. By a person under the influence of alcoholic beverages or of narcotic or stimulant substances, or by a person suffering from any mental and physical defect which impairs their ability to drive a vehicle and/or their attentiveness.
3. For transporting passengers or goods for compensation, for a purpose contrary to law (such as theft, smuggling, etc.), in speed tests, for driving instruction, competitions or rallies or for pushing or towing another vehicle or trailer.
The lessor is entitled to terminate the rental agreement immediately without notice of default or judicial intervention, without sacrifice of his right to compensation for costs, damages and interest, if it appears that during the rental period the renter does not, or does not on time or does not fully comply with the obligations of the rental agreement; upon death, receivership, application for suspension of payment or bankruptcy of the renter; or if circumstances arise in the interim, of which the rental company was not aware at the start of the rental period, which are of such a nature that if the rental company had been aware of them, it would not have entered into the rental agreement.
The renter is then obliged to return the vehicle with accessories immediately, in default of which the rental company is entitled to regain possession of the vehicle with accessories. The renter hereby authorizes the rental company or a person designated by the rental company to check where the vehicle is located or to repossess the vehicle. There is GPS equipment in the vehicle to locate the vehicle if necessary and the renter declares to be familiar with and agree to this by signing these terms and conditions.
In the event that the vehicle is recovered by the rental company, it retains all rights to recover from the renter the costs incurred in this regard or damages suffered due to the breach of contract.
Any nullity or invalidity of one or more provisions of this agreement shall not affect the validity and applicability of the others. Any costs resulting from non-compliance with these terms shall be borne entirely by the renter.
The rental agreement and any resulting agreements shall be governed by the laws of the country of Curaçao. Disputes arising from these conditions and/or rights and obligations of those involved in agreements to which these conditions apply, shall be settled by the President of the Court in Willemstad.