These Terms and Conditions (the "Terms and Conditions") come into force on 18th of May 2015. The General Conditions of AB Car Rental NV are filed at the Court of First Instance in Bonaire dated 18th of May 2015 under number 1.
1. General provisions and applicability
- In the General Conditions:
- AB Car Rental: AB Car Rental NV is the party that rents the vehicle under lease to the renter and is based at Kaya Industria 31, Kralendijk, Bonaire and is registered with the Chamber of Commerce and Industry in Bonaire under number 1177 (0 );
- Renter: the natural or legal person who is leasing the vehicle;
- Vehicle: the vehicle or other property that is (partly) the subject of the Rental Agreement between AB Carrental and Renter;
- The General Conditions apply to all leases of vehicles, including any additional agreements that are entered into between AB Car Rental and Renter.
- Deviations from the General Conditions are only valid if and insofar as they have been explicitly agreed upon in writing between AB Car Rental and renter, with the understanding that the General Conditions remain applicable for any such deviations that are not explicity agreed upon in writing.
- Any Offer made by AB Car Rental is subject to conditions. The offer is valid for seven days, unless otherwise indicated. AB Car Rental is only bound by the offer if the acceptance thereof is confirmed by the Renter in writing within seven days, unless otherwise specified, or if there are not enough vehicles available.
- The offer does not apply automatically to any future hiring of a vehicle.
- AB Car Rental has the right to withdraw an offer immediately, meaning within three working days of receiving the acceptance.
- The prices in the offer include ABB, administrative costs, insurance, local fees, and other taxes, unless otherwise indicated (the "Rent").
- The fuel is not included in the Rent.
- The rental agreement is concluded by the acceptance of the offer (the "Lease"). An oral agreement should be confirmed in writing by AB Car Rental. The type of vehicle indicated is part of the Rental Agreement between AB Car Rental and the renter.
- The Lease (rental agreement) is entered into for the period, and at the rate specified in the Lease, or as otherwise agreed. The Lease (rental agreement) also indicates the time of the beginning and termination of the Lease (rental agreement) (the "Term").
- The Damage Report, which refers to (the condition of) the vehicle, also references the rental period, quantity of fuel, the insurance options, and any other rental considerations of the vehicle-related business, and is part of the Lease (rental agreement).
- AB Carrental will not enter into a Lease (rental agreement) with renters under the age of 23 years and 1 year in possession of a valid drivers licence.
4. The Delivery and Return of the Vehicle During the Term (Rental Period)
- The Renter is obligated to return the Vehicle to AB Car Rental on the day and at the time when the Term (rental period) ends and at the location specified in the "Check Out Report."
- The Vehicles that are returned must contain the same amount of fuel as they had at the time of pickup at AB Car Rental. If the Vehicle does not contain the same amount of fuel as at the start of the Term (vehicle rental), a U$25,00 fee + refill cost at the gasoline station will be charged. If Renter has returned the Vehicle with more fuel than at the time of pickup at AB Car Rental, the Renter is not entitled to a refund.
- Agreements about the early return of the Vehicle within the agreed Term (rental period) without obligation. If Renter desires to surrender the Vehicle prior to the agreed upon termination date and time of the Lease, then, no matter what the underlying reason might be, the Renter is not due any refund.
- The vehicle may be returned after hours with a Keydrop, only with permission of AB Car Rental. Use of the Keydrop is only possible if the Renter has signed permission that, at the conclusion of the Lease, that their intention is to pay any charges via a credit card authorization; payment via a credit card can be handled and the Renter must have signed a liability release.
- If the Renter wishes to extend the initial Term of the Lease, the Renter will request permission from AB Car Rental to do so, prior to any such extension. The extension of the initial Lease (rental agreement) comes about only through written confirmation by AB Car Rental. The extended Lease (rental agreement) remains subject to the Terms and Conditions. The insurance which was applicable to the vehicle under the initial Lease (rental agreement) shall be extended automatically for the extension of the lease.
- If, at the termination of the initial or extended Term, the Vehicle has not been surrendered in the agreed upon manner, AB Car Rental is entitled to take possession of the Vehicle immediately. The terms and conditions of the Lease, and any obligations of the Renter, remain in force until such time as the vehicle is in possession of AB Car Rental once again. The insurance which was applicable to the Vehicle under the initial Rental Agreement is extended automatically for any time that the vehicle is not in possession of AB Car Rental.
- Should the Renter not return the Vehicle at the agreed upon time, AB Car Rental is entitled to charge the Renter a USD $6.00 charge for each and every hour that the rental period is exceeded. After exceeding four hours per day, a charge of 1½ times the daily rate will be charged, subject to the obligation of the Renter to pay compensation for the damage suffered by AB Car Rental. If it is actually impossible to permanently return the vehicle, then no increased Rent will be charged.
5. Payment and Cancellation
- After the Renter has accepted the Offer, AB Car Rental collects the full Rent via the credit card of the Renter.
- If a deposit must be paid by the Renter, AB Car Rental then collects said deposit on the start date of the Term (rental period) via the Renter's credit card.
- The deposit is returned, net of any outstanding fees, once the Vehicle is returned to AB Car Rental, unless there is damage. In case of damage, the deposit is returned, less any portion for which the Renter is liable for the damage. Any return of the deposit, or portion thereof, will take place only after it has been determined that an excess is available to refund. If there is only damage to the vehicle, the return of the deposit, or any portion thereof, will least take place within two months; if there is (also) a case of damage to third parties, the return of the deposit, or any portion thereof, will take place within six months.
- If the damage was caused by third parties, and AB Car Rental has fully recovered compensation for damages from these third parties, the security deposit, or any portion thereof, will be returned within fourteen days after the damage compensation has been received. AB Car Rental will endeavor to recover damages caused by third parties as soon as possible. AB Car Rental will communicate with the Renter regarding any developments.
- The Renter is obligated and agrees to pay all amounts due to AB Car Rental within seven days after the rental period or before the Renter departs from Bonaire. If the required fees are not paid in time, then the Renter will be in default without notice and AB Car Rental is entitled to statutory interest to bring the extrajudicial costs, with a minimum of 15% of the total outstanding principal amount and any court fees, which are for the Renter's account.
- You can cancel the reservation or shorten the rental period prior to the pick-up time. You will incur a $75 processin fee if you choose to cancel. In the event that you do not pick up your rental car, or do not cancel your reservation prior to your pick-up time no portion of the prepaid amount will be refunded.
6. Obligations of the Renter
- The Renter must utilize the Vehicle and its associated accessories as befitting a good renter, and Renter must ensure that the vehicle is used solely for its intended purpose as specified in the Lease. Accordingly, the renter may not drive on unpaved roads, including those of Washington Slagbaai National Park, except while driving a pick-up truck, 2 wheel, or four-wheel drive vehicle. If the use of a car or bus is identified in the Washington Slagbaai National Park, AB Car Rental has the right to impose a fine of USD $169.00 on the Renter. The Renter also must not overburden or transport more passengers in the vehicle than there are seats provided by the vehicle, including the driver's seat.
- The Renter is obligated to return the Vehicle in the same condition as rented from AB Car Rental. This means that, among other considerations, the Renter is obligated to reverse any changes or additions that are made to the vehicle, so that the Vehicle is in its original state as rented when it is returned to AB Car Rental. The Renter is not allowed to claim any right to compensation.
- The Renter is obligated to secure (the charge of) the vehicle in a careful manner if towing is necessary, and to bear the cost thereof. The costs for towing will only be paid by AB Car Rental in the case of a mechanical defect, and not by act or omission caused by the Renter, or when the Renter has purchased the AB Car Rental Full Coverage Plan.
- Only persons indicated as drivers in the Lease (rental agreement) may drive the Vehicle. The Renter is not allowed to make the Vehicle available to any person who is not listed as a driver on the Lease (rental agreement). The Vehicle should not be driven by unauthorized persons who are mentally or physically unfit, for example, under the influence of alcohol or other drugs.
- The Renter is not allowed to rent the Vehicle or to use the Vehicle for driving lessons, or for carrying passengers for hire, or for participating in drag races, speed, driving skills, or other reliability tests, or to tow any other vehicles.
- The Renter is not allowed to transport the Vehicle outside of Bonaire, in any manner. If the Renter does transport the Vehicle from Bonaire, AB Car Rental will make a declaration of theft. Additionally, the Renter will immediately, and without notice, incur a penalty equal to the purchase value of the vehicle. Possible extrajudicial costs with a minimum of 15% of the total principal and the court costs are charged to the Renter.
- In the case where the Renter has knowledge of discernible damage or defects to the Vehicle, the Renter is not permitted to use the Vehicle if such use may lead to a worsening of the damage or defect, or reducing road safety.
- The Renter is responsible for these obligations and prohibitions of this article for the driver, passengers, and other users of the Vehicle and is to supervise adherence to such obligations and prohibitions.
Article 7: Instructions for the Renter
- The Renter must check the oil level and the tire pressure levels and must telephone AB Car Rental immediately if service is necessary and then present the vehicle for maintenance. AB Car Rental will react in a timely manner to such requests for service, with maintenance being completed within seven days. With Terms (rental periods) of two months or less, AB Carrental does not require the Renter to submit the Vehicle for regular maintenance.
- The Renter must repair flat tires immediately. If the Renter fails to make timely repairs, the Renter is liable for any damage that occurs to the Vehicle.
- USD $25.00 will be charged by AB Car Rental for the repair of a tire puncture. In the case that the tire cannot be repaired, then the price of a new tire will be charged.
- USD $55.00 will be charged by AB Car Rental if the Renter requests that AB Car Rental changes a tire. This amount will not be charged if AB Car Rental has not provided a spare tire and tools to change the tire with the Vehicle rental. AB Car Rental will not charge Renters, who have purchased an AB Car Rental Full Coverage Plan, with this fee.
- USD $100.00 will be charged by AB Car Rental should the Renter lose the key of the vehicle or it is damaged.
- The Renter is obligated to refuel the Vehicle with a suitable fuel as specified by AB Car Rental, and, if required, the necessary additives as indicated by AB Car Rental.
- In the case that the Renter has knowledge of discernible defects, defects, damage to the Vehicle, or inflicted or loss of the Vehicle, the Renter is required:
- To notify the Road Call division of AB Car Rental as soon as possible (telephone: 701-8764);
- To follow the instructions of AB Car Rental;
- Provide all information and documents, solicited and unsolicited, relating to the event to AB Car Rental to provide to their insurer;
- The Vehicle is not to be moved without protecting against the risk of damage or loss;
- To provide all requested assistance to AB Car Rental and persons designated
- In case of accidents, damage or loss, the Renter is also required:
- Report such events to the local police as soon as possible (telephone: 717-8000);
- Report such events to Bonaire Security Force as soon as possible (telephone: 717-9292);
- Report such events to AB Carrental as soon as possible (telephone: 717-8980);
- Submit a completed and signed claim form to AB Car Rental as soon as possible.
- The Renter is responsible for these obligations and prohibitions of this article for the driver, passengers, and other users of the Vehicle and is to supervise adherence to such obligations and prohibitions.
Article 8: Obligations of AB Car Rental
- AB Car Rental shall, together with the Renter prior to the Vehicle's hire, complete a Damage Report, on which any damage or defect that is already present on the Vehicle is documented.
- AB Car Rental provides the Renter with all required documents prior to the Term (rental period).
- AB Car Rental shall ensure that the Renter receives instruction in regard to the Vehicle, and a list of phone numbers which the Renter can use to report either during or outside of normal office hours.
- AB Car Rental shall clearly note in the Damage Report what fuel is to be used in the Vehicle, along with any fuel additives.
- AB Car Rental shall inspect the Vehicle immediately upon submission by the Renter for any damage and will make a report of the inspection. If the Renter uses the Keydrop, then AB Car Rental shall inspect the Vehicle immediately upon the Vehicle's return to the premises of AB Car Rental.
Article 9: Insurance and Renter's Liability for Damages
- AB Car Rental has vehicles insured for liability of the driver of the Vehicle, as well as those who are carried therein. In accordance with the Motor Insurance Liability Act BES, the insured sum is at least equal to the sum contained in the Decree on Motor Vehicle Liability Insurance BES, namely USD 140.000 per event. Damage that does not fall under the coverage of this insurance or which exceeds the sum insured is paid by the Renter.
- CDW insurance is mandatory.
- The CDW insurance offers the following additional coverage under the following conditions:
- The excess is US $550.00 plus sales tax. The insurance covers damage to the Vehicle from a collision or accident caused by the Renter or an unknown third party. Renter is fully liable for any damage to the Vehicle that is below this amount.
- The excess also amounts to US $550.00 excluding sales tax for damage to third parties resulting from a collision by fault of the Renter.
- The Renter, in the case of damage, is liable for the deductible specified, per incident, in the Lease (rental agreement) and in the insurance contract.
- Burglary and theft damages are not covered by insurance.
- Additional Full Insurance covers theft and burglary only when a police report can be submitted showing that the Renter did not leave any valuables in the car and the key was stowed in a safe place. In all other cases, the Renter is liable for the damage caused to the Vehicle. In any event, valuables are defined as items such as mobile phones and/or accessories, cameras and/or accessories, diving equipment and diver watches, jewelry, wallets, forms of payment such as credit cards, etc.
- AB Car Rental is in possession of a copy of the insurance terms and conditions, which are available for inspection at AB Car Rental. At the request of the Renter, AB Car Rental can provide a copy of the policy conditions to the Renter.
- If the insurance company changes the conditions in the interim, then AB Car Rental has the right to change the insurance conditions as set out in Article 9.3 of the General Conditions in a similar manner. If the insurance conditions are changed in the interim, AB Car Rental will advise the Renter of this in writing.
- If the damage, however, is caused as a result of acts or omissions in violation of Article 6 or 7, the Renter is fully liable for damages to AB Car Rental, unless the Renter proves that the act or omission is not attributable to the Renter or full compensation for the standards of reasonableness and fairness would be unacceptable.
- If the Vehicle rented by AB Car Rental is returned outside of the normal office hours of AB Car Rental, through Keydrop, in accordance with Article 9.6, the Renter remains liable for any losses to AB Car Rental that may arise until such time as AB Car Rental has actually recovered the Vehicle and inspected it.
- For damages consisting of financial loss resulting from or by the vehicle to a person or property, the registered or the liability insurer of the Vehicle to third parties under Article 9.6 is applicable only if, under the terms of the insurance contract, there is not coverage.
- The Renter is liable for damage to or caused by the Vehicle due to driving under the influence of alcohol, drugs, or medication.
- The Renter is liable for damages if and when there is a misrepresentation of the validity of the driving license or driving license of the driver was falsified.
- The Renter is liable for the damage to the Vehicle caused by the use of incorrect fuel and the Renter is liable for the theft of fuel.
- All the sanctions and consequences of actions associated with the rental of the Vehicle by the Renter - including, but not limited to, traffic violations and other crimes - are to be imposed and borne by the Renter.
- The Renter is liable for the actions and omissions of the driver, passengers, and other users of the Vehicle, even if they did not have the consent of the Renter.
Article 10: Liability of AB Car Rental
- AB Car Rental is obligated to require the Renter to address deficiencies, unless this is impossible or requires expenditures which are not reasonable by AB Car Rental when circumstances are considered. This obligation does not apply if the Renter, and not AB Car Rental, is liable for the existence of the defect and/or the result of the defect.
- AB Car Rental shall not be liable for damage to goods carried as a result of a defect in the Vehicle or as a result of a collision.
- AB Car Rental shall not be liable for personal damages as a result of a defect in the Vehicle or as a result of a collision.
- The provisions of Article 10.2 and 10.3 shall not apply in the case where AB Car Rental had knowledge of defects, or should have had knowledge of defects, when entering into the Lease, or in the case where intent or gross negligence by AB Car Rental is to blame.
- AB Car Rental shall not be liable for damages resulting from dissolution under this article.
- AB Car Rental shall not be liable for abuse or loss of personal property, goods, or baggage of the Renter, the authorized driver(s), or other users or occupants of the Vehicle.
Article 11: Termination of Lease
- AB Car Rental is entitled to terminate the Lease without notice or judicial intervention and to once again take possession of the Vehicle without prejudice to its right to compensation for costs, damages and interest if:
- The Renter, during the Term (rental period) has failed in one or more of its obligations, either not in a timely manner, or not fully complying with its obligations, unless the failure does not justify the dissolution;
- The Renter dies, is placed under guardianship, applies for a moratorium, or is in a state of bankruptcy;
- It is determined that circumstances of such a nature, that would have precluded AB Car Rental from entering into a Lease (rental agreement), are discovered.
- The Renter shall cooperate with AB Carrental to enable AB Car Rental to recover possession of the Vehicle.
- If the Renter dies before the Term (rental period) begins, the Lease is terminated without notice or judicial intervention.
Article 12: Final Provisions
- AB Car Rental has the right to change the content of the Terms and Conditions.
- Any voiding or invalidity (separately or together) of one or more provisions of the General Conditions leave the applicability and validity of the remaining provisions in force.
- When there is a difference in the interpretation between the Dutch and the English versions of the General Conditions, the Dutch text shall prevail.
- BES law is applicable to the General Conditions and all rental agreements between AB Carrental and the renter.
- All disputes arising out of or in connection with the Lease (rental agreement) and the General Conditions will be decided by the competent court in Bonaire.