The Lessor declares that it has leased out and delivered the motor vehicle to the Customer, whereas the Customer declares that he/she has rented and received the motor vehicle from the Lessor, in good condition without any damage or failure to any part thereof – the foregoing as described on the reverse side hereof (hereinafter: the “motor vehicle”) –, including the related documents and appurtenances (hereinafter: the “Documents”), against payment of the rental price also indicated on the reverse side hereof for the duration of the period as agreed upon between the Parties, whereas the Customer declares that he/she accepts both the conditions of the rent as stated on the reverse side hereof as well as those following hereafter.
The rental starts and terminates on the date and the point of time as stated on the reverse side hereof (the “Rental Period”). Upon expiration of the Rental Period the Customer is under an obligation to return to the Lessor the motor vehicle that he/she has received in good condition, including the documents pertaining thereto as well as tools and spare tire, in the same condition as indicated on the reverse side hereof. An extension of the rental or lease will only be possible by entering into a new rental agreement relating to the motor vehicle, signed by the Customer, at the rate applicable at that time. In the meantime, for each hour or part of an hour exceeding the term of the rental as agreed without the Customer returning the motor vehicle to the Lessor (hereinafter referred to as the “Added Period”), the Customer shall owe the Lessor the then applicable rental price per hour for the motor vehicle.
In case during the term of this agreement any failure of- or damage to a component or other part of the motor vehicle – which includes car keys – is detected, the Customer shall report this immediately by taking the motor vehicle to the Lessor’s address and showing the failure or damage to the Lessor.
In the event that, upon termination of this agreement and the return of the motor vehicle:
(a) the motor vehicle is in a dirty state, the Customer shall pay to the Lessor an additional amount of US$ 25.00; or
(b) the motor vehicle has a flat tire, the Customer shall pay to the Lessor an additional amount of US$ 25.00; or
(c) the car key(s) is/are locked in the motor vehicle, the Customer shall pay all charges due to the Lessor or, as the case may be, the 24/7 company, due in connection with opening the motor vehicle and recovering the key(s); or
(d) it becomes clear that the Customer lost the car key(s) or damaged them, he/she shall pay to the Lessor an amount of US$ 100.00; or
(e) the motor vehicle’s fuel level is lower than it was when the motor vehicle was delivered to the Customer, he/she shall pay to the Lessor an amount of US$ 20.
Only the Customer and the additional driver, if any, whose name and possible other data are shown on the reverse side hereof, are allowed to drive the motor vehicle. Wherever hereinafter reference is made to the Customer, this shall be considered to include the additional driver. Both the Customer and the additional driver are severally liable for any damage to and/or costs directly or indirectly relating to the motor vehicle, incurred during the Rental Period as well as the Added Period, if any.
The Customer acknowledges the number of kilometers indicated on the motor vehicle’s odometer as being the actual mileage run by the motor vehicle.
1) During the time in which the Customer has the motor vehicle at his/her disposal, any and all costs incurred in connection with the use of the motor vehicle, including but not limited to those for gasoline, lubricating oil, storage, car tire(s) and repair work, shall be borne solely by the Customer, as shall any and all towing costs and transportation costs of the motor car and/or the additional driver or other passenger(s).
2) The Customer has the obligation to use the motor car in a judicious manner and take care of it with due diligence. In that connection, the Customer shall make sure that the motor vehicle is not overloaded at any time. The customer is under an obligation to check on a daily basis – or at least when refueling – the oil level and the cooling water in the engine, as well as the tire pressure of the tires. As soon as any of the warning lamps on the dashboard lights up or the temperature indicator shows an engine temperature that is too high, the Customer must stop the motor vehicle immediately. Failing to do so will cause the Customer to be held personally liable for any and all damages the Lessor may suffer as a result thereof. The motor vehicle must be serviced for maintenance as often as possible in accordance with the maintenance chart forming part of the Documents. For work activities for the purpose of repair and maintenance of the motor vehicle the Customer must deliver the motor car to the Lessor. Repairs to the motor vehicle without the consent of the Lessor, are for the account and risk of the Customer.
1) The Customer is liable for any and all damages which during the Rental Period may be caused to the motor vehicle.
2) The Customer shall holds the Lessor harmless against any and all damage inflicted to passengers or third parties, for which the lessor might be liable on the basis of any stipulation of the law, insofar as such damage is not at all or at least not sufficiently covered by the insurance referred to in paragraph 4 of this article VI.
3) The Customer holds the Lessor harmless against any and all fines that might be imposed upon the Lessor by reason of violations or punishable acts committed during the Rental Period by the Customer, the Additional driver or any passenger in the Rental Car.
4) As outlined on the reverse side hereof, the Customer and the Additional Driver, if any, hereby confirm that he/she/they is/are fully aware of the fact that, apart from an insurance against liability towards third parties, (the “liability insurance”) with a personal contribution of US$ 300.00 (ANG.525.00), the motor vehicle is not insured. The Parties agree that, in the event of damage to the motor cycle during the Rental Period for which the Customer or the Additional Driver or any other person driving the motor vehicle at that time is liable, the personal contribution will be solely for the account of the Customer. On the other hand, in the event that at any time during the Rental Period the motor vehicle gets involved in a car accident, causing damage to the motor vehicle and/or any other vehicle(s), movables or individuals, the Customer shall be fully liable for all such damages.
5) The liability insurance policy referred to under (4) hereinabove is available for perusal by the Customer at the head office of the Lessor. The Customer confirms that he/she will abide by the conditions of such policy, which conditions are deemed to have been inserted in this agreement and to constitute an integral part hereof.
6) If the Customer rents the motor vehicle with full coverage and causes an accident and/or any damage to the motor car, the Customer will as yet be held responsible for paying the deductible.
In case of damage caused to the motor vehicle or to third parties while driving the motor vehicle, the Customer is obligated to notify the Lessor of this immediately by telephone or in any other manner and to confirm such notification forthwith in writing. Said notification must be accompanied by (i) a layout of the situation; (ii) a clear description of the occurrence and the preceding facts and circumstances; (iii) time and place of the accident; (iv) a listing of witnesses, if any; and (v) any additional particulars concerning the accident. The Customer shall comply with any and all instructions from the Lessor in this regard and have Curaçao Road Services make an official report on the accident. Furthermore, the Customer must send any and all judicial and non-judicial documents related to the accident to the Lessor as soon as available. The Customer is obligated to refrain from making any and all statements, promises or acts that might contain an acknowledgement of guilt on his/her part or acknowledge an obligation to indemnify any third party, and shall refrain from accepting and/or settling any damage claim by such party/parties. Unless it becomes clear that the accident was in no way whatsoever caused by the Customer, any and all costs the Lessor may suffer – including cost due to actual damage – as a result of the accident shall be for the Customer’s account.
It is prohibited for the Customer:
- a) to transport more persons and/or luggage than the amount and weight which the motor vehicle is intended for, nor luggage which could cause damage to the motor vehicle or its upholstery; nor
- b) to use the motor vehicle for any other purpose than that which it is intended for, nor use it for the transportation against payment of any person and/or items; or
- c) to give – or have any third party give – driving lessons with the motor car, nor to tow other vehicles with it, participate with it in matches, tests, rallies or similar events, or allow the motor vehicle – irrespective of the circumstances – to be driven by a person whose name, address and signature are not stated on the reverse side hereof; or
- d) to transport the motor vehicle to a place outside Curaçao; or
- e) to drive the motor vehicle or have it driven by any third party while under the influence of alcohol, narcotics, or drugs; or
(f) to smoke in the motor vehicle.
The Lessor has the right to terminate this lease agreement in writing with immediate effect as soon an in case the Customer not complying with one or more rules and regulations under this agreement, the Lessor will not be obligated to make any refund or pay any indemnification to the Customer.
- a) If the Customer has instructed the Lessor to send its invoice(s) for payment under this agreement to a third party, who fails to make the payment on or before the due date, the Customer shall make such payment to Lessor upon
- b) In case of late payment, any and all collection charges will be for the Customer's account. All late payments will be subject to an interest rate of 13% per annum.
The Lessor will not be responsible nor liable for any loss or damage to any property left, stored, or transported, nor any person transported by the Lessor at any time in the motor vehicle at the request or with the consent of the Customer, unless such loss or damage was clearly caused by negligence on the Lessor’s part, or by Lessor’s fault.
This agreement has been drawn up in accordance with and is subject to the laws of Curaçao. Any and all disputes directly or indirectly arising from or in connection with this agreement shall be brought exclusively before the competent court of Curaçao.
Signed in duplicate In Curaçao on _____________ 2018.
Prudential Car Rental (name Customer)