Terms & Conditions

General Terms and Conditions

General Terms and Conditions Definitions:

In these general terms and conditions:

by ‘vehicle’ is meant: the vehicle or any other object being subject of the rental agreement;

by ‘Renter’ is meant: the natural individual or legal entity concluding the rental agreement in the capacity of Renter;

by ‘Rekwest Car Rental & Services’ (the company/lesser): the natural individual who signs the rental agreement as a representative of the renting party;

by ‘consumer’ is meant: the client, being a natural individual, who has concluded the rental agreement while not acting in the course of his/her business or profession;

by ‘rental fee’ is meant: the amount due to be paid by the Renter to Rekwest Car Rental & Services, including fees for additional services and administration.

by ‘damage’ is meant: any financial loss directly or indirectly suffered by Rekwest Car Rental & Services due to

1. damage to or loss of the vehicle, accessories or parts, or any other object belonging to Rekwest Car Rental & Services. This damage includes all costs of repairing or replacing the vehicle, as well as any loss of rental fees;

2. harm or injury inflicted to any individual or object with or by means of the vehicle, for which Rekwest Car Rental & Services, the vehicle license-holder or the liability insurer of the vehicle is liable;

3. harm or injury inflicted by the authorized driver to the Rekwest Car Rental & Services, for which Rekwest Car Rental & Services, the vehicle license-holder or the liability insurer of the vehicle, is liable; especially those traffic tickets inflicted by the authorized driver, or fines that are enforced by the judiciary authorities By ‘driver’ is meant: the Renter or the (authorized) individual actually driving the vehicle.

Article 1: Determination of the rental price, the rental period and other costs

1. The rental agreement is entered into for the period and at the rate noted in the rental agreement or otherwise agreed in writing. Solely after permission granted by Rekwest Car Rental & Services, is the Renter permitted to return the vehicle at a time outside openings hours of Rekwest Car Rental & Services. In that event, the Renter remains liable for all damage occurring until the point in time that Rekwest Car Rental & Services has received the vehicle, inspects it or has it inspected during regular office hours;

2. The exact kilometer reading is noted upon commencement of the rental agreement. Establishment of the number of kilometers driven will take place using the odometer. Should this odometer become a defect, Rekwest Car Rental & Services must immediately be made aware of this by the Renter.

3. Costs may be charged to the Renter for drafting the rental agreement, for ensuring the vehicle is ready to drive, is ready to be picked up, is ready to be delivered, and that it has a full tank.

Article 2: Extension of the rental period

The Renter takes it upon himself to return the vehicle to the company at the address mentioned in the rental agreement at the latest on the day and at the time stipulated for the termination of the agreement, unless an extension of the rental agreement has been agreed ahead of time. In case the vehicle is returned at a later time than was agreed, the Renter will pay NAF 50,- per day (excl. VAT) above the rental fee owed. In case the vehicle is returned at an early time than was agreed, no rental fee will be refunded.

Article 3: Exceeding of the rental period

1. If the vehicle has not been returned to Rekwest Car Rental & Services or to a third party approved by Rekwest Car Rental & Services within the period specified in the rental agreement or any approved prolongation, Rekwest Car Rental & Services has the right to immediately reclaim the vehicle.

2. The Renter's obligations arising from this agreement remain in full force until the moment the vehicle is once again in Rekwest Car Rental & Services possession, with the understanding that the Renter must pay an amount of NAF. 50,- per day (excluding VAT) in excess of the rental amount until the moment of retrieval, in which a portion of a day counts as a day, without prejudice to the Renter's obligation to reimburse Rekwest Car Rental & Services for damage incurred.

3. Any judicial costs incurred to reclaim the rental vehicle will be paid by the Renter.

Article 4: Cancellation

1. Reservations may be cancelled at any time.

2. Payment must, unless agreed otherwise, take place immediately following expiry of the term of the rental period. Should the Renter not pay on time, he is in default by operation of law. From the date of default, the Renter must pay the statutory interest on the outstanding amount, increased by 2% annually, in which a portion of a month counts as a month.

3. Should the Renter remain in default, despite being warned to pay the debt, he is additionally obliged to pay the collection costs. Collection costs include all in-and-out of court costs incurred by Rekwest Car Rental & Services for the collection of the amount owing, at a minimum of 15% of the amount due.

Article 6: Costs incurred while using the vehicle

The Renter is fully responsible during the rental period for costs such as road tolls and the costs of fuel, cleaning and parking.

Article 7: Use of the vehicle

1. The Renter is obligated to handle the vehicle properly and to ensure that the vehicle is used in accordance with its intended use. The Renter needs to command the necessary driver’s proficiency.

2. The Renter must return the vehicle to Rekwest Car Rental & Services in its original condition. Any changes and additions to the vehicle are prohibited.

3. The Renter is required to sufficiently secure any cargo.

4. Only the individual(s) authorized as driver in the rental agreement is (are) allowed to drive the vehicle. The Renter is not permitted to allow the vehicle to be used by any individual who is not authorized as driver in the rental agreement. The Renter is fully liable for all damages that Rekwest Car Rental & Services may incur because of negligence of this obligation.

5. The Renter must make sure that all authorized drivers have a valid driving license and that all drivers are in good physical and mental condition as required to drive save.

6. The Renter is not allowed to rent out the vehicle to any third parties, unless he has received written permission from Rekwest Car Rental & Services to do so.

7. The Renter is not allowed to bind Rekwest Car Rental & Services to any third parties or to create any appearance to that effect.

8. If the Renter loses control of the vehicle, he must inform Rekwest Car Rental & Services immediately

9. The Renter is neither allowed to transport hitchhikers or animals in the vehicle nor to use the vehicle for contest or performance test of any kind.

10. The Renter is not allowed to take the vehicle across the Curaçao border.

11. The Renter must ensure to not carry a greater load than that for which the vehicle was built.

12. The Renter must maintain all of the vehicle’s engine oils and tire levels to the manufacturer’s specifications and needs to present the vehicle to Rekwest Car Rental & Services for regular maintenance.

13. The Renter is responsible for returning the vehicle back not excessively dirty for example wet seats and any stains on the seat or any part of the vehicle. If not, the costs for cleaning the vehicle (a minimum of $.50,- excl. VAT) may be charged.

14. The Renter is responsible for using the right kind of fuel.

15. The Renter must not use the vehicle when it is damaged or unsafe to use.

16. In case any event occurs which may cause damage, the Renter must:

inform Rekwest Car Rental & Services by telephone immediately;

follow Rekwest Car Rental & Services;

warn the local police;

inform Curaçao Forensys (Telephone #: 9233 or +5999 461-3282);

volunteer to Rekwest Car Rental & Services or his insurer all information and documents relating to the event; submit a completed and signed claim form to Rekwest Car Rental & Services within 48 hours;

refrain from accepting blame in any way;

make sure never to leave the vehicle behind without having properly protected it against any (more) damage or the risk of loss or;

cooperate fully with Rekwest Car Rental & Services or any individuals authorized by Rekwest Car Rental & Services to enable Rekwest Car Rental & Services to collect damages from any third parties or to fend off any third party claims.

17. The Renter must propose the obligations and prohibitions of this article to all authorized drivers, passengers and other users of the vehicle and to make sure that they comply.

Article 8: Renter’s liability for damage

18. The Renter must pay up to $350 $ in case they are found at fault or any other damages are made to the vehicle.

Article 8: Renter’s liability for damage

1. Unless the rental documents made up at the start of the rental period shows otherwise, the Renter is considered to have received the vehicle without any visible defects or damage.

2. Renter is responsible for all damages of Rekwest Car Rental & Services which are caused by any event during the rental period or that is connected otherwise with the rental of the vehicle with due regard for the below-mentioned.

3. Should an excess have been agreed in the rental agreement, the Renter’s liability for damage per damage case is limited to the amount of the excess, unless:

• the damage was caused during or as a result of any act or omission in violation of article 7;

• The damage has arisen as a consequence of using the vehicle on unpaved terrain, or use of the vehicle on terrain for which the vehicle apparently is unsuited, or about which the Renter or the authorized driver has been informed that entering the terrain takes place at one's own risk;

• the damage has arisen with the approval of, or through intentional act or gross negligence of the Renter;

• the vehicle has been rented to a third party, also if Rekwest Car Rental & Services has agreed to this;

• the damage concerned is third party damage as a consequence of any harm through or with the vehicle, and the Third-party Liability Insurance concluded for the vehicle does not cover this on the grounds that any stipulation in policy terms and conditions has been transgressed. Policy terms and conditions are available for perusal at Rekwest Car Rental & Services company address and will be sent to the Renter without cost at his first request. In case a stipulation in the policy terms regarding accidental damage is incompatible with those in the rental agreement, the stipulations of the rental agreement prevail;

• the damage has arisen through loss of the vehicle and/or the vehicle keys or the operation of the alarm installation and/or the documents belonging to the vehicle (such as the vehicle registration certificate and border documents) have not all been returned to Rekwest Car Rental & Services;

• the damage is the consequence of the realization of the danger connected with the transport, storage, loading and unloading of dangerous, explosive, flammable, oxidizable or poisonous substances; In all the abovementioned cases, the Renter will be fully liable for all damages including consequential damage/loss.

4. Should a payment be made to Rekwest Car Rental & Services or to a third party pursuant to an insurance agreement concluded obligatorily or non-obligatorily by Rekwest Car Rental & Services to cover the risk of accidental damage or against the risk of third-party liability, this has no effect on the Renter liability.

5. Deviating from the agreed excess, a high excess applies of

Vehicle Damage Waiver & Limitation

(Curaçao – Non-Insurance Contractual Protection)

IN-HOUSE VEHICLE DAMAGE WAIVER & RISK LIMITATION AGREEMENT

1. LEGAL NATURE AND QUALIFICATION

This In-House Vehicle Damage Waiver and Risk Limitation Agreement (“Agreement”) is a contractual arrangement between Rekwest Car Rental & Services BV . (“Company”) and the renter (“Renter”). This Agreement: does not constitute an insurance policy within the meaning of Curaçao insurance legislation; does not involve risk transfer to a licensed insurer. constitutes a contractual waiver and limitation of the Company’s right to recover vehicle damage from the Renter, subject to the terms and exclusions herein. Mandatory third-party liability insurance (WA) is provided separately and remains fully governed by mandatory Curaçao law.

2. SCOPE OF APPLICATION – AUTHORIZED DRIVERS

This Protection applies exclusively when the vehicle is operated by: the Renter; and any additional driver expressly listed in the Rental Agreement, provided each driver: holds a valid and legally recognized driver’s license in Curaçao; and complies with all qualification requirements of the Company. Any deviation results in full contractual liability of the Renter.

3. COVERED DAMAGE (SUBJECT TO EXCLUSIONS)

Subject to Section 4, the Company waives its right to recover damage costs for accidental physical damage or loss of the vehicle caused by: collision or rollover; fire, explosion, or lightning; theft or attempted theft;

4. EXCLUSIONS – NO WAIVER APPLIES IN CASE OF:

The Protection does not apply, and the Company retains full recovery rights, if damage or loss results from:

1. Driver Conduct:

2. driving under the influence of alcohol, drugs, or intoxicating substances;

3. driving without a valid license;

4. allowing unauthorized drivers;

5. gross negligence, recklessness, or intentional misconduct;

6. violation of traffic or criminal laws.

7. Improper or Prohibited Use:

8. racing, competitions, speed testing;

9. illegal use; use outside Curaçao or outside permitted areas;

10. subleasing or lending the vehicle.

11. Specific Damage Categories:

12. normal wear and tear; mechanical or electrical failure not caused by an accident;

13. tire or rim damage unless occurring simultaneously with other covered damage;

14. interior damage due to misuse, negligence, water, sand, animals, or smoking;

15. lost or damaged keys unless resulting from a reported theft;

16. personal property of the Renter or passengers.

17. Theft-Related Negligence:

18. vehicle left unlocked;

19. keys lost, abandoned, or negligently handled;

20. failure to take reasonable precautions against theft.

21. Excluded Losses:

22. bodily injury, medical costs, or death (covered solely under mandatory WA insurance where applicable);

23. fines, penalties, or administrative sanctions; loss of use, loss of rental income, or downtime, which shall remain contractually recoverable from the Renter;

24. war, civil unrest, nuclear risks, or terrorism.

5. DEDUCTIBLE (EXCESS)

Each covered incident is subject to a deductible of $ 350. The Company waives recovery of damage exceeding this amount, provided full compliance with this Agreement.

6. RENTER OBLIGATIONS

In the event of damage, accident, or theft, the Renter must: notify the Company immediately or within 24 hours; obtain a police report in cases of theft, injury, or third-party involvement; refrain from repairs without Company approval (except emergencies). Failure to comply entitles the Company to full recovery of damages.

7. DURATION

This Protection applies only during the rental period and only while the vehicle is used in full compliance with the Rental Agreement and this Agreement.

8. GOVERNING LAW AND JURISDICTION

This Agreement is governed by the laws of Curaçao. All disputes fall under the exclusive jurisdiction of the courts of Curaçao.

9. ACCEPTANCE

By signing the Rental Agreement, the Renter expressly confirms: receipt and understanding of this Agreement; acceptance of its contractual nature;

acknowledgment that this is not insurance. a maximum of NAF 1.500,- (excl. VAT) for the Renter who is the consumer;

a maximum of NAF 5,000,- (excl. VAT) for Renter who is not the consumer. for damage arising as a consequence of damage to, or inflicted by any part of the vehicle at a distance of more than two meters above the ground, or inflicted by any part of the load above this height.

6. the damage as a consequence of the inability to rent the vehicle during the periods of repair or replacement will be determined in advance to be the number of days it takes to repair or replace the vehicle, multiplied by the daily rental fee, minus 10% in connection with savings on variable expenses.

Article 9: Repairs of the vehicle

1. Any costs of necessary repair works and servicing of the vehicle during the rental period are for the account of Rekwest Car Rental & Services, unless by law or by virtue of any provision of this agreement these costs are for the account of the Renter.

2. Servicing and repair works are being done either at the location of Rekwest Car Rental & Services or by at another location appointed by Rekwest Car Rental & Services. If this is not possible, the work will be done by a garage of the vehicle’s dealer network. In such case the Renter must ask for a quote first and must request for Rekwest Car Rental & Services permission.

3. Upon request by Rekwest Car Rental & Services, the Renter will present the vehicle for periodic test and maintenance check-ups.

Article 10: Technical defects of the vehicle

1. In the event that the vehicle can not be fixed within five (5) hours because of technical damage, the Renter is entitled to alternative. The Renter must contact Rekwest Car Rental & Services immediately after taking notice of the defect.

2. Rekwest Car Rental & Services is not liable for any damage to objects transported by the vehicle. The Renter and/or the consumer are required to take out an insurance policy for such objects.

Article 11: Fines and measures imposed by the government

1. The Renter agrees to pay any fines or financial consequences of measures imposed by the government with respect to using the vehicle; unless such costs are related to a defect which was already present at the point the rental agreement was closed.

2. If such sanctions and measures be imposed on Rekwest Car Rental & Services, the Renter must indemnify Rekwest Car Rental & Services for these at his first request, whereby the Renter must in addition pay collection costs.

3. If Rekwest Car Rental & Services is obligated to provide information to the authorities about any act or omission on the part of the Renter, the Renter must pay any costs involved with a minimum of Nafl. 25,- (exclusive of VAT).

Article 12: Seizure of the vehicle

In the event of administrative, civil or criminal attachment of the vehicle, the Renter must continue to perform the obligations of the rental agreement, including those of paying the rental fee, until the moment at which the vehicle, unencumbered with attachments, is once more in the possession of Rekwest Car Rental & Services. The Renter must indemnify Rekwest Car Rental & Services for all costs arising from the attachment.

Article 13: Dissolution of the rental agreement

Rekwest Car Rental & Services is entitled to terminate the rental agreement without giving notice or prove of default and without any intervention of the court. Rekwest Car Rental & Services is entitled to reclaim the vehicle if the Renter fails to fulfill one or more of his obligations with respect to the rental agreement. The right to terminate the agreement also applies in case of Renter’s death, in case the Renter has been placed under custody, in case the Renter requests suspension of payment, and if the Renter has been declared bankrupt. Rekwest Car Rental & Services is also entitled to terminate the rental agreement if the Renter moves abroad, in case the vehicle has been seized or in case Rekwest Car Rental & Services becomes aware of circumstances during the rental period which are of such a nature that Rekwest Car Rental & Services would not have concluded the rental agreement if he had known about it. In case of one or more above mentioned cases, the Renter is bound to cooperate fully to return the vehicle to Rekwest Car Rental & Services. Rekwest Car Rental & Services is not liable for damages due to the annulment of the rental agreement.

Article 14: Renter’s liability for acts or omissions on the part of third parties

The Renter is liable for acts or omissions on the part of the authorized driver, the passengers and any other users of the vehicle, also if they acted without the Renter’s permission.

Article 15: ‘Force Majeure’

1. In case Rekwest Car Rental & Services, due to ‘Force Majeure’ (Act(s) of God), is not able to fulfill its obligation fully of parts thereof, he has the right to suspend or dissolve the rental agreement fully of parts thereof without judicial intervention, without any claim to damages. In such a case, the Renter will be refunded on a prorated basis.

2. Under ‘Force Majeure’ we understand: strikes, exclusion, fires, mechanical failure and other interruptions of operations whether with Rekwest Car Rental & Services contractor or his suppliers of goods and services, transportation interruptions and other extraordinary event or circumstance beyond the control of the parties such as wars, blockades, uproar, epidemic, devaluation, floods and storms, as well as a sudden increase in import-, taxes and duties, delays in the deliverance by suppliers, not receiving the necessary permits and other government measures.

Article 16: Renter’s liability

Should at the execution of the signed rental agreement between Rekwest Car Rental & Services and the Renter, circumstances arise (such as negligence on the part of Rekwest Car Rental & Services) that lead to the liability on the part of Rekwest Car Rental & Services, this liability is limited to the amount(s) Rekwest Car Rental & Services has agreed with her insurer. Rekwest Car Rental & Services is not obliged to pay out any further compensation.

Article 17: Registration of personal data of the Renter and the authorized driver

Personal data of the rental agreement will be registered in Rekwest Car Rental & Services administration. This registration will enable Rekwest Car Rental & Services to execute the rental agreement and to provide the Renter or the authorized driver with optimal service and current product information. This information can also be used to make the Renter or the authorized driver tailor-made offers. The Renter or the authorized driver can object to Rekwest Car Rental & Services using their personal data for direct mailings which Rekwest Car Rental & Services will honor.

Article 18: Track & Trace via GPS

Rekwest Car Rental & Services likes to refer to the fact that (a) all her vehicles have electronic immobilizers and/or Anti-theft warning system as well as that (b) a significant portion of her fleet will be provided with Track and Trace systems.

Article 19: Reference Check

Rekwest Car Rental & Services holds the right to conduct a reference check on the (private) rental. Rekwest Car Rental & Services may ask the Renter to leave behind a thumb-print during the rental period.

Article 20: Applicable law

All agreements between Rekwest Car Rental & Services and the Renter and the present general terms & conditions will at all times be governed by Curacao law. All disputes resulting from and are agreed in these Terms and Conditions and those resulting thereafter will be judged at the ‘Gerecht in Eerste Aanleg van de Nederlandse Antillen’, seated in Curacao.

Article 21

These Terms and Conditions are also applicable to supplementary rental agreements between Rekwest Car Rental & Services and the Renter as well as the existing rental agreement. The Terms and Conditions are in Dutch and translated in English. In case of a dispute in the content and context of these Terms and Conditions, the Dutch text is binding.