General terms and conditions
Article 1: Definitions
In these terms and conditions the following definitions apply:
Driver: the person(s) named in the rental agreement as driver of the vehicle;
Renter: the natural or legal person who, as renter, concludes the rental agreement;
Lessor: Royal Car Rental Bonaire;
Vehicle: the vehicle which is the subject of the rental agreement;
Article 2: Determination of the rent and the duration of the lease
1. The rental agreement is entered into for a period and a rate as stated on the rental agreement or otherwise agreed in writing. The renter shall only be allowed to return the vehicle at a different time with the permission of the lessor. In that case, the renter remains liable for all damages incurred up until the time the lessor has actually received and inspected the vehicle.
2. The renter shall be obliged to return the vehicle to the address stated in the rental agreement on the day and at the time the rental agreement ends, unless an extension of the rental agreement has been agreed.
3. If the vehicle has not been returned to the lessor, or to a third party with the permission of the lessor, within the period stated in the rental agreement, which may have been extended, the lessor shall be entitled to repossess the vehicle immediately. The renter’s obligations under the rental agreement shall remain in force until the vehicle is once again in the possession of the lessor, on the understanding that, until that moment, the renter shall owe the lessor an amount of $50 per day in addition to the rental fee, whereby a part of a day shall be deemed to be a day, without prejudice to the renter’s obligation to compensate the lessor for any loss or damage. This increase of $50 per day shall not apply if the renter proves that the exceeding of the rental period is the result of force majeure.
Article 3: Cancellation
1. A reservation can be cancelled free of charge up to 24 hours before the start of the rental period.
2. If a reservation is cancelled within 24 hours before the start of the rental period, 50% of the rental amount will be charged.
3. If the vehicle is not collected (no show), the entire rental amount will be charged.
Article 4: Payment
1. Simultaneously with the reservation, 50% of the rent must be paid. Only after payment of this amount is the reservation final. The remainder of the rental price must be paid at least 24 hours before collection of the vehicle.
2. When collecting the vehicle, the renter must pay the lessor an amount corresponding to the excess chosen by the renter, as specified in the rental agreement, by way of a deposit or issue a credit card order.
3. If, at the end of the rental agreement, it is established that no damage has been caused to the vehicle or otherwise, this deposit shall be refunded to the renter.
4. In the event of damage, the deposit in respect of the excess shall not be returned until it is clear that the extent of the damage exceeds the amount of the excess, after which at most the deposit in respect of the excess less the amount of the damage shall be returned.
Article 5: Costs related to the use of the vehicle
During the rental period, costs related to the use of the vehicle, such as the cost of fuel, cleaning and parking, are at the expense of the renter. Any fines are also at the expense of the renter. Settlement of fuel costs shall take place at the then current rates.
Article 6: Conditions driver
When concluding the rental agreement, the driver or drivers of the vehicle shall be named. Each driver must have had a valid driver’s license for at least three years, to be presented at the time of registration of the driver(s). The renter must ensure that all drivers are competent and physically and mentally fit to drive the vehicle.
Article 7: Use of vehicle
1. The renter must handle the vehicle with care and use it only in accordance with its purpose.
2. The renter is obliged to return the vehicle to the lessor in its original state.
3. Only those persons named as drivers in the rental agreement – possibly also in the capacity of renter – may drive the vehicle. The renter shall not be allowed to make the vehicle available to any person not named as a driver in the rental agreement.
4. The renter must fill up the vehicle with fuel suitable for the vehicle.
5. The renter/driver is not allowed to use the vehicle for street racing or off-road driving, to drive the vehicle under the influence of alcohol or to use a mobile (smart) phone in the car without hands-free access. If it appears that the renter or driver acted contrary to the provisions of the previous sentence at any time, the renter shall be legally and financially responsible for all damage to the vehicle, third parties and possible consequential damage, regardless of the excess agreed in the rental agreement.
6. In the event of any incident which may result in damage, the renter shall be obliged to:
a. notify the lessor immediately by telephone;
b. follow the lessor’s instructions;
c. provide the lessor or its insurer, upon request or without being requested to do so, with all information and documents relating to the event;
d. not to leave the vehicle behind without having adequately protected it against the risk of damage or loss.
Article 8: Insurances
The lessor offers the vehicles as standard with third-party liability insurance in accordance with the Motor Insurance Liability Act BES. Renter has the option to extend this insurance to an all-risk insurance.
Article 9: Liability of the renter for damage
1. If no damage description of the vehicle has been drawn up between the parties, the renter shall be presumed to have received the vehicle in undamaged condition.
2. The renter shall be liable for all damages of the lessor as a result of any event during the rental period or otherwise related to the rental of the vehicle, subject to the following. If an excess has been agreed in the rental agreement, the renter’s liability for damage per incident shall be limited to the amount of the excess, unless:
– the damage occurred during or as a result of acts or omissions in contravention of article 7, section 5;
– the damage is caused as a result of using the vehicle on unpaved terrain, or using the vehicle on terrain the vehicle is clearly not suited for, or where the renter or driver has been informed that accessing the terrain is at their own risk;
– the damage occurred with the consent of, or due to intent or gross negligence by the renter;
– the vehicle has been re-rented to a third party;
– the damage has been caused by the loss of the vehicle and/or the car keys or the controls for the vehicle have not all been returned to the rental agency;
– the damage is the result of the realisation of the danger involved in the transport, storage, loading and unloading of dangerous, explosive, flammable, oxidising or toxic substances.
3. If, pursuant to an insurance contract taken out by the lessor, mandatory or otherwise, against the risk of hull damage or against the risk of third-party liability, a payment is made to the lessor or to a third party, this shall not affect the liability of the renter.
Article 10: Vehicle defects and lessor liability
1. Between the parties, a defect in the vehicle that is not related to careless maintenance cannot be considered a defect.
2. The lessor shall only be obliged to remedy defects if it was or should have been aware of them at the time of concluding the rental agreement, if it is reasonably possible to do so and no expenditure is reasonably required of the lessor in the given circumstances.
3. In the case of defects, the renter shall only be entitled to a reduction in the rental if the lessor was or should have been aware of the defects at the time of entering into the Lease Contract or if they are the result of careless maintenance.
Article 11: Applicable Law
The lease is governed by the laws of the BES Islands.