General terms and conditions

These general terms and conditions are part of the rental agreement between Ruseler Car Rentals and the lessor and you as the renter of the rental car.

Changes in the rental agreement are only valid if they are signed by both the renter and Ruseler Car Rentals.

The ‘reservation confirmation’ of the rental agreement, specifies the details of (the condition of) the car, the rental period, rent, insurance options etc. are part of the rental agreement.

Vehicle in this agreement means a car, bus, truck, pickup or any other vehicle as specified on the rental contract. It further includes wheels, tools, equipment, accessories and vehicle papers.

Fuel is not included in the rental price. Returned vehicles must have the same amount of fuel as they had at the time of departure. If the fuel level is not at the same level upon return, the fuel cost and ANG 100 extra will be charged. Renter is not entitled to a refund for fuel overfilled.

The renter must ascertain in advance what type of fuel should be filled up. The lessor is not liable to the lessee if damage is caused by filling up with fuel unsuitable for the rented vehicle. If the wrong type of fuel is used, the renter will be held fully liable for any related damage to the vehicle.

If the key has come into contact with water and no longer works, a fee of $495 will be charged for this.

Vehicles are rented only to persons who have held a valid driver’s license for at least 1 year.

The minimum age for rentals is 21. The minimum age for additional drivers is also 21. Volkswagen Amarok, Volkswagen TIguan the minimum age is 23 years.

In general, the minimum rental period is 3 (consecutive) days (5 days during the Christmas period). A booking for a shorter period is possible by exception but is only valid when Ruseler Car Rentals has confirmed to agree with the requested shorter booking, for example when the request fits between 2 previously realized bookings. For a booking of one or two days there is a surcharge of $15.

Rental Agreement
The rental agreement is entered into for the time and rate as stated on the rental agreement or otherwise agreed upon in writing. If the vehicle is returned for any reason before the agreed return date, no refund of the rental amount is possible. If the rental company has given permission to return the vehicle at a later date, the renter remains liable for damage to or caused by the vehicle until the time the rental company actually receives the vehicle and has inspected it or had it inspected.

At the start of the rental agreement, the renter must inspect the vehicle and report any damage and/or defects found to the rental company immediately. A report will be drawn up. Subsequent reporting is not possible and will be charged to the renter.

If the lessee wishes to extend the rental period, this must be agreed upon with the lessor in writing. The rental period thus extended will remain subject to these General Terms and Conditions. All car insurance policies that applied to the rented vehicle during the earlier rental period shall be compulsorily and automatically renewed for the extended rental period.
If, without agreeing otherwise with the lessor, the vehicle is not returned to the lessor within the agreed period, the lessor shall be entitled to take possession of the vehicle immediately. The renter shall then owe the price as mentioned in Section 2.5 up to and including the time the vehicle is again in the possession of the rental company. All car insurance policies that were applicable to the rented vehicle during the agreed rental period shall be compulsorily and automatically renewed until the vehicle is again in the possession of the lessor.

If the rental vehicle is returned at a later time than indicated in the rental contract, a fee of ANG 50, – per hour will be charged + the insurance amount if the renter has purchased insurance for the previous rental days.

The vehicle must be returned in good condition at the place and time specified in the ‘car report’ .

Smoking is not permitted in the vehicle. If it is found that smoking has occurred in the vehicle, a $500 cleaning fee will be charged.

Upon return of the vehicle, it will be inspected by the lessor. A report will be made of any damage/defects found and the damage will be settled with the renter.

Insurance
The car is standardly insured on the basis of Third Party Liability (TPL) up to a maximum insured sum of ANG 150,000 per event. This insurance covers damage to the other party, with a deductible of $495. The deductible for the Chevrolet Tahoe and BAIC Jeep is $1,000. Damage to the rented vehicle is at your own expense.

For an additional fee of $ 15,- per day ($ 30,- per day for the Chevrolet Tahoe and BAIC Jeep) you can opt for All Risk Insurance (WA + Casco). For All Risk, the deductible per claim is $495.  The Chevrolet Tahoe and BAIC Jeep deductible is $1,000. 

For a fee of $15 per day ($30 per day for the Chevrolet Tahoe and BAIC Jeep) On top of the All-Risk premium, the lessee can reduce (buy out) the excess to $0, so-called Full Coverage. Surrender of the excess can only be done in combination with All-Risk.

If the renter has taken out an All-Risk- or Full Coverage policy with the rental company, the renter is only covered against theft of and/or burglary in the rented car in Punda and/or Otrobanda if the car is demonstrably parked in a parking lot in Punda and/or Otrobanda. and/or Otrobanda at the time the incident occurred.

Damage to the hood (system) of Convertible models is entirely the responsibility of the renter. Even when All Risk or Full Coverage insurance has been purchased.

No deposit is required.

The renter is fully liable for all damages not covered by the insurance.

In case of damage, the car may not be moved and lessee must contact Forensys at 199. If you move the car, you will be uninsured and liable for all damages yourself. An official Forensys report of the accident must be handed over to lessor. If this report cannot be handed over, the renter is fully liable for the damages caused in connection with the accident.

If it appears that the lessee is fully liable in accordance with the General Terms and Conditions of the lessor, the lessee will be fully charged for the damage to the leased property and by the leased property. Provided the damage is not caused by intent or fault of the lessee and the damage can be recovered from the other party, the excess shall not apply. Until such time as the damage is recovered from an identifiable other party, the lessee shall be held liable and charged for the damage. Only when the complete damage has been recovered from the other party will the costs be refunded to the renter.

The lessor has the right to change the conditions regarding the insurances. If this is the case, the lessor will communicate the changes visibly at the Ruseler Car Rentals B.V. office.

The third-party insurance does not cover burglary and theft, this risk is entirely the responsibility of the tenant. In both cases, the hirer is obliged to report to the police. The police report must be submitted directly to Ruseler Car Rentals.

A purchased insurance policy is not valid if it turns out that: 

-the driver is under 21 years of age
-The driver’s driver’s license is invalid or revoked
-The rental car is on an unpaved road.
-The driver is under the influence of narcotics, including alcohol, drugs and/or medicines.

If any of the above applies, the damage will be the full responsibility of the renter.

Payment
When picking up the rental car, you will be charged the expected rental amount. Payment can be made by credit card (+5%), by debit card with your debit card or cash. The following credit cards are accepted; Mastercard and Visa.

The renter is obliged and undertakes to pay all charges due before leaving Curacao. If necessary, any (extra)judicial collection and interest costs with a minimum of at least 15% and judicial costs will be charged to the renter.

LIABILITY
Only the renter of the vehicle, as mentioned in the contract and the persons mentioned as “additional driver or 2nd driver” in the rental agreement are authorized to drive the vehicle. No rental supplement will be charged for persons labeled as ‘additional driver’ in the rental agreement.

Any damages caused by an ‘additional driver’ will always be charged to the main contractor:
the renter.

If the renter authorizes another driver, not mentioned in the rental agreement, to drive or move the vehicle, or if the renter is careless in preventing a third party from driving or moving the vehicle, the renter is fully liable for any damage to the rented vehicle, its occupants or a third party. In such a case, the renter can no longer claim any insurance policies that may have been taken out.

The renter must ensure that the vehicle keys are not given to anyone other than the ‘additional driver’ named in the contract and accepted by the rental company.The renter is not allowed to drive with the car on unpaved roads other than with a pick-up truck and in the latter case only for the purpose of reaching or leaving the dive site and using the shortest route to and from the dive site respectively.

Damage to the car due to driving on unpaved roads is not covered by the insurance, making the renter fully liable. The renter is responsible for salvaging the car if necessary and bears the cost of this. Please note that the 24/7 Roadside Assistance (Road Service) will not assist the renter and the rental company has no obligation to assist the renter in this regard.

The renter is fully liable for damage to or caused by the vehicle as a result of driving under the influence of alcohol, drugs or medication.

If an incorrect representation has been made as to the validity of the driving license or if the driver has been disqualified from driving, the damage caused to or by the vehicle will not be covered by the insurance and will be entirely the responsibility of the renter.

The renter is fully liable for all fines and costs arising from parking or traffic violations or crimes committed during the rental period.

The landlord must always give permission before any repairs are made. If permission is not requested, the renter will have to pay all additional costs for repairs at the garage.

The vehicle may not be used to transport passengers or goods for a fee, or to tow or push other vehicles. Violation of this prohibition makes the renter fully liable for any loss or damage to passengers, goods or the vehicle.

The vehicle must not be overloaded and must be used in a careful manner. It is prohibited to transport more persons than there are seats in the vehicle, including the driver.

Flat tires must be repaired or replaced immediately. Renter may call 24/7 Roadside Assistance to help change the tire free of charge. The renter is fully liable for damage caused by failure to do so. The cost of repairing a flat tire is the responsibility of Lessor, even if the tire is not repairable and a new tire is required. Tenant will contact Landlord for this purpose. In case of a flat tire, the renter must have the flat tire repaired or replaced immediately. Upon presentation of a repair/replacement bill, Lessor will reimburse Lessee for the repair/replacement of a flat tire. However, if a flat tire is caused by the renter’s driving behavior, the repair/replacement costs will be the renter’s responsibility. This is solely at the discretion of the rental company.

The renter is prohibited from participating in any test, race, or competition with the vehicle. Violation of this prohibition makes the renter fully liable for all damages.

The rental company is not liable for the loss of personal belongings, goods, or luggage of the renter, any authorized driver, or other users. This is not covered by insurance.

MISREPRESENTATION
The rental company is entitled to reclaim the vehicle before the end of the rental agreement, without notice or judicial intervention, without prejudice to the right to compensation for costs and damages, if it is found that there has been a misrepresentation regarding the purpose of renting or obtaining the vehicle of such a nature that if the rental company had been aware of it, the rental agreement would not have been concluded. This includes situations where the vehicle has been used to break the law, is obviously abandoned, or if the renter has violated any article of this rental agreement.

In the event of any discrepancy in the interpretation of the English, Spanish, German, and Portuguese texts of this agreement, the Dutch text shall prevail.

POSSIBLE INVALIDITY
Any possible nullity or invalidity of one or more provisions of this agreement does not affect the applicability and validity of the other provisions.

APPLICABLE LAW / JURISDICTION
This rental agreement is governed by Dutch Antillean law. Any disputes shall be brought before the competent court in Curaçao.