Rental car terms and conditions

The following terms and conditions are part of your rental agreement:

${first_name} ${last_name}, hereafter known as the “Renter” and PELICAN RENTALS B.V., based in Willemstad Curacao, registered with the chamber of commerce with registration number 165227, referred to as the “Company”, collectively known as the “parties”, agree to the following:

ARTICLE 1    SUBJECT OF THE AGREEMENT 

  1. The company rents Renter a passenger car, hereafter referred to as the “rental car”.
  2. Renter accepts the state of the rental car at the moment of signing the agreement.

ARTICLE 2    PURPOSE

  1. The rental car is to be used solely as recreational vehicle for drivers that are known to the company and that are in the possession of a valid driver’s license.
  2. It is not allowed to go off-road (although a regular dirt roads are fine).

ARTICLE 3    DURATION OF THE AGREEMENT

  1. Renting the vehicle is allowed during the period between the start and end dates and times described above.
  2. Renter is not allowed to end the agreement earlier than the agreed end date/time described above, unless both parties agree otherwise. 

ARTICLE 4    RENTAL FEES / FINANCIAL CONSEQUENCES

  1. Parties agree to the rental fee, as shown when the reservation was made, unless it is obvious there is an error in the price calculation.
  2. The full amount of the rental fee has to be paid upon pickup of the rental car, unless both parties agree otherwise
  3. In case of damages as described in article 5 sub 2 and 3, the Company will send an invoice to Renter, and Renter agrees to pay the invoice within 7 days unless parties agree otherwise. If Renter does not fulfill this obligation, a collection agency will be hired to retrieve the damages. All costs related to the collecting will be paid by Renter.

ARTICLE 5    COSTS / DAMAGE

  1. The Company offers an ‘all-risk policy’. This means the costs of all damages to the rental car, including damages to windows, tires, keys, etc., are paid for by the Company, with the exception of the causes mentioned in article 5.2.
  2. Renter is fully responsible for the costs to repair damages directly or indirectly caused by gross negligence or driving under the influence of alcohol or other substances that may impair driving ability
  3. Renter is fully responsible for the costs to replace a lost or damaged car key, exceeding normal wear and tear. (E.g. losing it, dropping it in the ocean or pool, driving over it, etc.)
  4. In case of theft or vandalism of the Rental car, the company will NOT hold Renter liable. Renter will be responsible for the cost of his/her own items that were stolen or damages inside the vehicle.
  5. The Company has a PAI (personal accident injury) insurance on every Rental car for up to XCG 30.000 on damages to persons. (This covers personal injury damages to people in the rental car, people in other vehicles or other people hurt by an accident). Renter is responsible for costs exceeding this coverage. (Usually the Renter has its own liability insurance). 
  6. Renter should report all damages to the Company immediately, so an effort can be made to repair damages as soon as possible, or plan repairs to minimize the impact on other clients.

ARTICLE 6    MAINTENANCE AND REPAIRS

  1. The Company will do its best to keep the rental car in good condition and to do all maintenance and repairs as soon as possible.
  2. Renter will use the car as a ‘good family father’ (bonus pater familias) and with the purpose described in article 2.

ARTICLE 7    RETURN OF THE RENTAL CAR

  1. Renter will return the car at the end of the rental agreement. If for whatever reason Renter does not return the car, Renter will be invoiced a fee identical to the daily fee.
  2. Renter can return the rental car before the end of the agreement, but the Company will not refund paid fees unless both parties agree otherwise.
  3. The rental car will be returned in the same state by Renter as the state in which Renter received it, although the Company will take the car through the car wash (inside and outside).
  4. The rental car must be returned with the same fuel level as it was delivered to the renter. If the car is returned with too little fuel, the Company will invoice the Renter the costs of the fuel with an additional ‘fill up fee’ identical to the fuel costs. If the car is returned with more fuel than it was delivered to Renter, the costs for this fuel will not be reimbursed to Renter. The company tries to maintain a ‘full tank out’ and ‘full tank in’ policy, unless agreed to otherwise.

ARTICLE 8    EXPRESS TERMINATION CLAUSE

  1. This rental agreement will be terminated in case of loss of the rental car. Renter will be refunded rental fees, unless the loss is caused by reasons mentioned in article 5.2. 
  2. This rental agreement will be terminated in case any of the parties does not fulfill his/her obligations as stated in this agreement. 

ARTICLE 9    SUB-RENTING AND TRANSFER

  1. Renter is not allowed to transfer this contract to others.
  2. The rental car may not be sub-rented to others without approval from the Company.

ARTICLE 10  GENERAL RULES

  1. Smoking in the rental car is not allowed. (deep anti-allergenic cleaning fee 500 XCG).
  2. It is not allowed to transport pets in the rental car, unless parties agree otherwise and precautions have been taken (deep anti-allergenic cleaning fee 500 XCG).
  3. The Renter is responsible for changing the tire in case of a flat tire and/or having the tire repaired at a local tire shop. Road side assistance (24×7 Wegenwacht) can help, payed by the Company. A spare tire is always available in the vehicle. Any costs will be payed for by the Company.
  4. The Renter is not allowed to drive on with a ‘check engine’ or other warning light on the dashboard without consulting the Company or a mechanic.
  5. The Renter is not allowed to drive on with a temperature gauge that is reaching the warning level.
  6. Renter is responsible to arm any alarm systems present and to minimize the risk of theft in all fairness.
  7. The rental car has to be returned to the Company before the end of the rental period on the last rental day. Later returns will be invoiced extra rental day(s).
  8. Renter needs to return the rental car in a fairly clean state. The company will put the car through the car wash, but if the car is so dirty that extra cleaning is needed beyond the car wash, those cleaning costs will be invoiced to the client. 
  9. If the Company finds white salt stains in the chairs, and extra 85 XCG cleaning fee will be invoiced per seat.

ARTICLE 11  APPLICABLE LAW


Local Curacao law applies, and all disputes concerning validity, interpretation, execution or termination of the contract will be upheld before the court in Willemstad, Curaçao.

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