Rental Agreement

The following conditions form part of the agreement between Move it Car Rental, established in Curacao, hereinafter referred to as: MICR, and the tenant named on the rental contract.

Minimum age tenant and / or driver 25 years!

1. The tenant is obliged to return the car at the return date and return address stated on the rental contract in the condition in which it was received (with the exception of the consequences of normal wear and tear) with all accessories, tools (if provided) supplied with the car, (license plate) papers and other documents and the keys. If after permission from MICR the car is returned elsewhere outside the opening hours of MICR, or - within or outside the aforementioned opening hours - the renter's liability for damage to the car or loss thereof, for the costs of parking and for the costs mentioned in art. 4 of these conditions, until MICR has received the car and inspected it. If the tenant does not deliver the car at the agreed location after the end of the rental agreement, the obligation to pay rent will continue unabated, and the renter will also be charged a surcharge of Dollar $75.00 per day. Furthermore, in that case all contractual limitations of the tenant's liability lapse. The provisions also apply if the car is not issued by the lessee in connection with judicial and / or other legal seizure and MICR can’t be accused of such seizure.

2. The tenant is not allowed to use the car or have it used:
a. for a purpose contrary to the law;
b. for teaching;
c. for pushing or pulling any vehicle or trailer;
d. for the transport of persons and / or goods in violation of any statutory provision of the country where the car is used by the lessee;
e. for participating in car races, rallies or other sport rides or puzzle rides;
f. by a driver who does not possess the physical and mental condition required for driving the vehicle. The absence of this condition is presumed in any case if the driver has used substances that can influence his driving skills;
h. by a driver whose age is not at least 25 years;
i. by a driver who does not have a valid driver's license;
j. by a driver who is not mentioned as a tenant or as a driver on the rental contract.

3. The tenant is liable for the actions and omissions of the driver, the passengers and all others who use the vehicle or actually have access to it. This also applies if this act resp. failure to act did not have the tenant's consent.

4. The tenant must carefully handle the car. Renter is liable for all costs, fines imposed plus a contribution to the administration costs and further (financial) consequences of violation of the Road Traffic and other legislation with the car, plus a contribution to the administration costs.

5. The tenant must close the car properly if not used. Furthermore, the lessee must at all times ensure that the car is provided with sufficient oil and coolant and that the tire pressure is correct. The tenant is fully responsible for fueling fuel suitable for the car. Costs of any maintenance are at the expense of MICR, if MICR has given permission to the lessee for maintenance. The Lessee is entitled to carry out urgent maintenance, in which MICR can’t reasonably be expected to execute in advance, on behalf of MICR, up to a maximum of Dollar $ 150.00. Any maintenance costs will only be reimbursed by MICR if the Tenant-specified accounts and proof of payment are submitted to MICR.

6. In the event of loss and / or damage or the occurrence of a defect in the car and / or seizure by judicial authorities or civil seizure, the tenant is obliged to inform MICR immediately of this. If any damage or lack of further use of the car entails the risk that the damage or the defect worsens or further use can lead to a reduction of safety on the road, the tenant is prohibited to use the car until recovery (and after permission) of MICR.

7. In connection with the insurance policy, the lessee is obliged:
a. notify MICR as soon as possible of any accident;
b. immediately notify Curacao Road Service and / or police;
c. to fill in the damage form immediately and to collect all data from the persons and vehicles involved in the accident, as well as to record the details of any witnesses;
d. to refrain from recognizing guilt in any form;
e. leave the car behind only after the car has been adequately secured against accident, theft and burglary;
f. MICR as well as the insurance company to provide the requested cooperation to defend with regard to possible third-party claims.

If the obligations described in this article are not followed, the tenant will, in addition to possible compensation, pay a fee for extra administration costs.

8. If “no All risk” has been agreed, the lessee is liable for all damage resulting from damage or loss of the car (which also means loss of business) arisen or caused, in any way whatsoever, between the moment of delivery of the car to the tenant or director and the moment of the return by MICR.

If All Risk has been agreed, the liability of the lessee for the damage to which the surrender relates, per claim, is limited to the applicable excess.

9. No accident-occupant insurance has been taken out with respect to the car.

10. If the odometer becomes defective, the renter must inform MICR of this immediately.

11. The lessee is obliged to take care of any necessary permits, authorizations and declarations to transport goods in the car at his own expense and risk.

12. MICR is only obliged to remedy defects if, at the conclusion of the rental agreement, it knew or ought to have known these defects, this is reasonably possible and does not require any expenditure which, in the circumstances, can’t be required of it. In other cases of defectiveness MICR can terminate the rental agreement.

In the event of defects, the tenant is only entitled to a reduction of the rent if MICR knew or ought to know this defect when entering into the lease.

In the event of a defect, the lessee is only entitled to compensation for the damage suffered as a result, if MICR knew or ought to know this defect when entering into the rental agreement.

Only a technical defect to the car itself can be considered as a defect between MICR and the lessee.

13. The tenant is obliged, without compensation for a counterclaim, to immediately pay the following amounts at the first request of MICR:
a. the compensation for the duration of the rental, where a rental day equals 24 hours, any insurance policies and surcharges.
b. the costs of fuel and possibly fuel surcharge for refilling the fuel if the fuel tank of the car with less capacity than that provided to the lessee is reduced.
c. all other costs / fees resulting from this rental agreement and the law.

14. MICR is at all times entitled to demand payment security and / or authorization on the credit card before entering into a rental agreement or to extend it. If payment of the amount owed to MICR is made by credit card, the tenant authorizes MICR, by signing the rental agreement, to collect all payments as referred to in Article 13 via the credit card organization in question. If settlement takes place in foreign currency, this will be done by MICR on the basis of the conversion rate fixed by MICR.

15. The tenant is legally in default if one of the payment obligation (s) mentioned in article 13 is not met. In that case, the lessee shall owe interest without further notice of default which is equal to the statutory interest on an annual basis increased by 2%, whereby part of the month is calculated for a whole month. The tenant will then also owe extrajudicial costs amounting to 15% on the principal sum with a minimum of Dollar $ 125, - without prejudice to the right of MICR to claim several, actually incurred, costs.

16. MICR is entitled to terminate the rental agreement without notice of default or judicial intervention and to return to possession of the vehicle, without prejudice to its right to compensation of costs, damage and interest, if it appears that the tenant does not lose any of his obligations during the rental period. not completely, not in time, or not properly fulfilled; upon death, under guardianship, application for suspension of payment or bankruptcy of the tenant; when the tenant is located abroad; in the event of a claim by the government of the car, or in the event of seizure of the car, or if there are circumstances in which MICR was unaware at the start of the rental, which of these are such, were the MICR aware of this, she had not entered into the lease. The Hirer authorizes the MICR or persons designated by MICR to check where the vehicle is or to return to possession of the vehicle. In the event that the car has been taken back by MICR, MICR will retain all rights to recover the costs incurred or damage suffered as a result of the termination of the agreement.

17. Except in the case of intent or gross negligence of subordinates of MICR, liability of MICR for other shortcomings than described in Article 12 is limited to the amount of rent that the tenant would have to pay if MICR were to comply correctly.

18. Only with written permission from MICR can the provisions of this agreement be deviated from.

19. In the event that one or more provisions of this agreement should prove invalid, the other provisions will remain in full force.

20.
a. MICR keeps and uses personal data of the tenant for the execution of the agreement.
b. The Lessee can request at reasonable intervals to send the data such as MICR that has registered or to be allowed to inspect it. The tenant can request MICR to supplement, change or delete certain data. MICR will respond to such a request in accordance with legal requirements.
c. MICR may use the data of the tenant for the purpose of sending information about products and services from MICR and other companies. MICR can also make the data available to other companies for that purpose. The tenant can lodge opposition against the aforementioned use or against the aforementioned posting to others, which opposition will be honored.

21. In the event of an extension of the rental agreement, all conditions of the agreement remain in force, unless agreed otherwise in writing between the parties. If the total rental period is longer than 30 consecutive days, a separate rental agreement will be drawn up for every 30 days, which the tenant does not need to sign, but which is based on the conditions of the original lease.

Disputes ensuing from or related to this agreement are subject to Antillean law and will only be tried by the court in Curacao, unless the tenant, if he is a natural person and has not rented the car in the course of a profession or business, within one month after MICR has invoked this article in writing, declare in writing that it is elected by the competent court according to the law.

22. Unless the tenant has notified the change of his place of residence, the tenant is deemed to have chosen domicile at the address stated by the tenant at the conclusion of the contract. 23. The tenant is obliged to undo changes and additions made to the vehicle by or on behalf of him; tenant can’t assert any right to compensation in this matter.

24. The tenant is prohibited from making the car available to a driver other than the driver named on the rental contract.

25. Flat tires or damage to tires are in all cases directly at the expense of the lessee as this is directly dependent on the driving behavior of the driver. This is not covered by All-Risk insurance. The replacement of tires must be done with the owner.

26. Jeep Rental:

Renter may detach removable plastic parts of the hood connected to a zipper but damage due to loss of 1 or more plastic parts is not covered by the All-Risk insurance. The whole roof can be folded up but should be closed always when the car is parked. Water damage caused by rain (or other) by not (timely) closing of the hood and the resulting damage is not covered by the All-Risk insurance and will be recovered from the tenant.

27. Payment conditions:

Upon arrival (so when signing the rental contract) we ask Dollar 300, - deposit and the agreed (remaining) rent amount in cash. We accept Euro's US dollars and Antillean guilders. You can also pay by check if you do not want to travel with cash. You can also pay cash at airport Hato by using the ATM machine.