General Terms and Conditions
Version 2.6.3.1
Article
1: The parties.
1.
LT
Carrental (LongTerm Car-rental Curaçao), established in Willemstad, Curaçao and
registered in the trade register of the Chamber of Commerce and Industry under
number 151222, hereinafter referred to as "the lessor".
2.
The
person / persons named on the contract / rental agreement, hereinafter referred
to as "the renter"
Article
2: Agreement.
1.
The
lessor rents out the specified car, as stated on the rental agreement, to the renter
for the specified period.
2.
These
terms and conditions, the rental agreement and the invoice / payment
arrangement with the applicable rate provided to the renter in advance, are to
be considered as inseparable parts of the agreement.
3.
By
signing the rental agreement, the renter also declares to agree and accept these
general terms and conditions.
4.
Renter
is also understood to be the driver(s).
Article
3: Down Payment.
1. Before
booking the car, the renter has made a down payment. The amount of the down
payment is at least the amount stated on the offer.
2. Upon
receipt of this down payment, the agreement between the renter and the rental
company is deemed to have been established and the reservation becomes final.
Article
4: Deposit / Deductible.
1. Upon
receiving the car, the renter must pay a deposit.
2. This
deposit serves to cover the mandatory insurance deductible and to pay all other
costs to which the renter is liable.
3. The
deposit will only be refunded after the car is returned to the rental company.
Article
5: Cancellation / reservation.
1.
If
the renter wishes to cancel the reservation within one month before the start
of the rental period, the down payment will not be refunded.
Article
6: Payment and commencement of the contract.
1.
The
rent must be paid in advance.
2.
The
prepayment of the rent serves to pay the rent due.
3.
The
agreement will commence no sooner than after the (first term of the) payment of
rent due has been made.
4.
Early
termination of the agreement (before the end of the agreed rental period) does
not entitle the renter to a refund of rent already paid, nor does it release
the renter from the obligation to pay the remaining rent. (Exceptions to this
are possible but only after prior consultation with and approval of the lessor)
Article
7: The condition of the car.
1.
The
lessor declares that the car is in good motor and mechanical order, the
bodywork and paint are in good condition and the car is equipped with car papers and (emergency) spare wheel with associated tools. Any deviations are
stated on the contract.
2.
The
car must be returned in the same condition as when it was issued.
Article
8: Rules of use.
1.
In,
or with, the car it is prohibited to;
1.
participate
or take part in speed races or road races;
2.
drive
"off-road";
3.
transport
animals;
4.
smoke;
5.
sit
on the seats with wet swimsuits;
6.
leave
bags and / or other items behind;
7.
park
elsewhere than on enclosed and / or monitored and illuminated areas at night;
8.
drive
with the provided "emergency wheel" (the spare tire) other than to
reach a place where the car is safe and / or a tire service where the flat tire can be repaired or replaced.
2.
It
is also prohibited to use the car or to have it used;
1.
for
a purpose contrary to the law;
2.
to
give driving lessons;
3.
to
push or tow any other vehicle or trailer;
4.
for
transport of persons or goods in violation of any law of the country of
Curaçao;
5.
by
a driver other than the one(s) contractually agreed with the lessor;
6.
by
a driver who is under the influence of alcoholic and / or narcotic drugs or who
may otherwise be deemed unable to drive the vehicle in a responsible manner.
7.
other
than for which the car is intended: passenger transport. (personal luggage is
included)
3.
You
must keep the car clean.
Article
9: Damages.
1.
All
damage, theft, vandalism, burglary, etc., regardless of how it occurred, and
damage caused as a result of a collision / accident in which the renter is to blame for the accident and / or when the damage cannot be claimed from a
counterparty, ( including the rent for the period that the car is in repair or until it is released by the authorities) is at the expense of the renter up to
the amount of the deposit / deductible.
2.
The
lessor will keep the deposit until the car is repaired and all bills have been
settled.
3.
If
the renter wishes to continue the rental agreement of the car after a collision
/ accident / damage, a new deposit / deductible must be paid.
4.
Whether
the rental agreement will be continued after a collision / accident / damage is
entirely and exclusively at the discretion of the lessor.
Article
10: Exclusions.
1.
If
damage is caused by one or more of the points below, all costs will be at the expense
of the renter without any limitations, including the rent for the period that
the car is being repaired or until it is released by the authorities;
1.
Damage
caused:
1.
by
gross negligence or improper use of the car by the renter or driver.
2.
If
the car is used for purposes other than normal passenger transport (speed
races, speed driven tour, transport of heavy goods, dangerous or illegal use).
3.
If
the damage occurred in places other than common and accessible by normal
transportation. (Among others, off-road locations, unpaved roads and paths /
tracks.)
Also, assistance for technical problems and
towing service within these places will be cancelled.
2.
Other
damage than of external causes:
1.
Damage
caused by ignoring warning lights and / or temperature, oil or other meters.
2.
Damage
or consequential damage caused or aggravated by driving with a boiling engine
or an engine without sufficient oil.
3.
Damage
to or loss of goods or injury to persons in the car.
4.
If
the driver drives the car unlawfully or without authorization from the lessor.
5.
Damages
that exceed the legal liability sum (ANG 150,000, say one hundred and fifty
thousand Dutch Antillean Guilder).
6.
If,
in case of damage, the renter has not reported to the lessor and has not
notified Forensys/Curaçao Road Service (telephone number 9233).
7.
If
the renter does not immediately report the theft of the car or parts thereof to
the authorities or cannot provide an original report of this.
8.
If
the driver was under the influence of alcohol, drugs, medication or was otherwise
in a state where it can be assumed that it has a negative effect on driving
ability or is contrary to the law.
9.
Damage
caused as a result of engaging in matters other than driving the car, including
activities on a mobile telephone, etc.
10. Damage
and/or consequential damage caused as a result of refueling with fuel other
than prescribed in article 12, under 2.
11. Damage
and/or consequential damage caused as a result of non-compliance with the stipulation
described in article 12 under 3.
Article
11: Obligations.
1.
In
the event of an accident / collision / damage, the renter is obliged;
1.
To
leave the car at the exact location where the accident / collision occurred
until the Forensys inspector indicates that it can be moved. (Failure to comply
with this provision will void the insurance entitlement and all resulting costs
will be recovered from the renter);
2.
Immediately
inform the lessor (+5999 687 5496).
3.
Call
Forensys, (telephone number 9233 / +5999 461 3282);
4.
If
necessary, alert the police, (telephone number 911/917)
5.
Follow
the instructions of the lessor, such as submitting witness statements and / or
other documents related to the event;
6.
To
refrain from acknowledging guilt in any form;
2.
The
car may never be left unattended unless proper use has been made of all safety
devices against accidents, theft and burglary that have been fitted and
supplied to and in the car;
3.
To
provide the lessor and any persons to be designated by him with all requested
cooperation in defense against claims from third parties or to obtain compensation from third parties.
4.
All
documents and letters etc. that are received by the renter / driver in
connection with an accident are to be handed over or made available to the
lessor.
Article
12: Fuel.
1.
The
car must be returned with a full tank, as it was delivered. If the gas tank is
not completely filled, the costs of the petrol increased bij ANG 50 will be charged.
2.
Only
super petrol / gasoline must be refueled (yellow at the pump).
3.
If
the fuel gauge indicates a fuel capacity of ¼ it is advisable to refuel. It is
not allowed to empty the tank of the car all the way to the reserve fuel; The quality of the gasoline on Curaçao is not always good. When the fuel tank is
completely emptied, it is possible that sediment will get into the engine and it can be damaged or break down.
Article
13: Security.
1.
When
leaving the car, it must be locked and all safety measures must be put into
effect.
2.
The
car must be parked within a closed area at night.
3.
The
car must be parked in full view as much as possible at all times. If that is
impossible, at least the front must be visible.
4.
Never
leave things behind in the car that may seem interesting to burglars.
(Note: this also applies to items that hardly
represent any or have no value for the renter!)
Article
14: Disruptions, breakdown etc.
1.
In
the event of a malfunction or breakdown, the lessor must be notified as soon as
possible.
2.
Self-resolved
disruptions to the car cannot be charged to the lessor.
3.
Costs
for resolving problems that could easily have been prevented by the renter
(empty battery as a result of the lights being forgotten to turn off, opening
of the car due to forgotten keys, changing a flat tire, etc.) are at the
expense of the renter.
1.
After
notification of a problem mentioned in previous sub, the lessor can choose
between
1. Hiring
external specialized help, if desirable or deemed necessary for operational or
technical
business
management. The resulting costs will be at the renters expense.
2. Solve
the problem with own resources.
Charges will apply and are;
1. ANG 25.- plus ANG 0,75 per kilometer
driven (back and forth) during opening hours.
2. ANG 50,- plus ANG 0,75 per kilometer driven (back and forth) non-office
hours
4.
Towing
costs by any other than the towing company of the lessor will never be
reimbursed.
5.
The
renter must fully cooperate with the lessor to resolve a malfunction.
6.
Lessor
cannot be held liable for consequential damage.
7.
The
renter must ensure that the coolant and oil level as well as the tire pressure
are checked regularly.
8.
The
renter must, in consultation with and at the request of the lessor, be given
the opportunity to have the car serviced, to have necessary repairs performed
and to have the mandatory periodic inspection made possible. In the event of
damage due to negligence of these terms, the (extra) costs are for the renter.
Article
15: Tires / rims.
1.
Change
and repair of flat tires must be done by the renter. This must be done within
24 hours after observation. The spare wheel supplied with the car is a so-called emergency homecoming wheel and is not suitable for large distances
and high speeds.
2.
If
no tire service is available (Sundays and public holidays), or when the tire
and/or rim are beyond repair, the renter must contact the lessor.
3.
If
the car is returned with one or more flat tires, ANG 75.- will be charged per
tire.
4.
If
damage is caused to the tires or speeded up (for example due to too high or too
low pressure or to continue driving with a flat tire), the damaged tires and
rims will be replaced by new ones at the expense of the renter.
5.
The
replacement of broken tires and rims must be done at and by a tire specialist /
car company to be determined by the lessor.
6.
Tires
and rims replaced by the renter without prior approval of the lessor will not
be accepted and replacement thereof will still be charged to the renter without
reimbursement of costs made.
Article
16: Additional terms and conditions for long-term rental.
1.
Long-term
rental is understood to be a rental period of more than 42 consecutive days.
2.
If
the rental period is two months or more, the car must be presented to the lessor
for inspection at least once a month.
3.
If
the rental period is more than two months, a payment arrangement can be offered
to the renter.
1.
Article
6.1 is thereby suspended but not excluded.
2.
Article
6.4 remains in full force
3.
By
accepting the payment arrangement offered by the lessor to the renter, the
latter also agrees to the terms and conditions stated below, in addition to
points 1 and 2 of this article.
1.
The
payment arrangement does not release the tenant from the obligation to pay the
full rent.
2.
Payments
must be made before or at the latest on the payment dates stated on the arrangement.
3.
In
the event of non-payment or late payment or if the rental period is terminated
early, the payment arrangement will be withdrawn and expire and the remaining
rent will become immediately due and payable.
4. Failure to comply with the provisions in this article may lead to dissolution
of the agreement without the right
to a
refund of rent and/or deposit already paid.
Article
17: Returning the car.
1.
The
renter must return the car in a controllable state. If the car is too dirty
from the inside and/or outside, renter may be charged an extra cleaning fee. With a heavily soiled interior, a professional cleaning company will take care
of the cleaning, and the costs are at the expense of the renter. (ANG 200.-)
2.
The
car must be returned on the date and time specified in the contract. If the
renter wishes to return the car at a different time, this must be agreed in advance with the lessor.
3.
When
returning the car before the end of the agreed rental period without prior
consultation with and consent of the lessor, no refund will be given. Exceptions may apply.
4.
If,
it has been agreed that after returning the car, the renter will be brought to
a location, the renter must return the car exactly to the agreed time as stated on the rental agreement. If the car is returned earlier or later, the lessor is
not obliged to transport the renter and the renter shall therefor arrange for
transport himself.
Article
18: Non-returning, late returning, reclaiming or repossessing.
1.
If
the car is returned later than reserved and paid for, ANG 25 will be charged
for the first hour or part thereof.
2.
If
the car is returned more than an hour later, a whole day (ANG 55) will be
charged.
3.
If
the car is not returned within 8 hours after the rental period has expired, a
report will be made to the authorities and all consequential costs will be recovered from the renter.
4.
The
lessor has the right to reclaim or retrieve the car at any time without notice
or judicial intervention.
5.
If
this recovery takes place due to what is stated in Article 10 or 16, costs will
be charged.
6.
The
renter must make every effort to ensure that the lessor can immediately access
the car and the keys.
7.
The
renter already gives the lessor permission in advance to enter the grounds or
buildings where the car is located or is needed to reclaim the car.
Article
19: Delivery obligation / refund.
1.
If
it is impossible to continue driving the rented vehicle as a result of a defect
in the car, the renter is entitled to replacement transport, provided that the terms
of Article 14 are met.
1.
In
this case, replacement transport will primarily come from the lessor's own
fleet.
2.
If
the lessor cannot provide replacement transport, an equivalent car will be
sought from fellow car-rental companies.
3.
If
replacement transport cannot be offered in any way, the renter is entitled to a
refund of the rent for the period that no car was available, starting on the first day after the vehicle was no longer usable.
2.
If
it is impossible to continue driving the vehicle as a result of an accident /
collision / damage that the renter is found guilty of, the renter is only
entitled to replacement transport if this is available within the company. If
this is not the case, the remaining rent will be reimbursed.
3.
Other
costs or (consequential) damage will not be reimbursed.
Article
20: Liability.
1.
The
lessor is never liable for damage to cargo, regardless of how it has occurred.
2.
The
renter is considered to have taken out an insurance policy for his possible
damage.
Article
21: Traffic- and other fines and costs.
1.
All
traffic fines, parking costs and other costs incurred with the rental car
during the rental period are at the expense of the renter.
1.
Fines
imposed as a result of default by the lessor are excepted. (For example,
because the car papers are not
up to date)
2.
Fines
imposed for minor technical defects which could easily have been resolved by
renter or have not
been reported to lessor are not excepted. (e.g.
defective lighting)
2.
Invoices
received by the lessor involving fines mentioned in sub 1 will be paid by the lessor
and subsequently invoiced to the renter.
3.
When
requested or deemed necessary, the lessor will pass on all available (personal)
data to the authority that has imposed the fine.
4.
The
lessor can also charge handling and/or administration costs.
Article
22: Changes.
1.
LT
Carrental reserves the right to change these terms and conditions at any time
without prior notice.
2.
If
these general terms and conditions deviate from those published on our website
(www.longtermcuracao.com), the latter apply.
3.
If
the general terms and conditions are changed during an existing lease, the
terms and conditions that apply at the start of the contract will remain unaffected.
Article
23: Disputes.
1.
If
in the event of a dispute these conditions do not provide for a definitive
answer, the laws and regulations of the country of Curaçao apply. The legal relationship between LT Carrental and the client is therefore subject to
Curaçao law to the exclusion of any other law.
2.
A
dispute in which the renter and the lessor cannot reach an agreement will be adjudicated
in the first instance exclusively by the Court of First Instance in Curaçao.
(‘Gerecht in Eerste Aanleg te Curacao’)
Article
24: Language inconsistencies.
1.
In
case of any inconsistencies between the Dutch and the English versions of these
General Terms & Conditions, the Dutch version will prevail at all times.
© 2023 LT Carrental Curaçao