General Terms and Conditions Definitions:
In these general terms and conditions:
▪ by ‘vehicle’ is meant: the vehicle or any other object being subject of the rental agreement;
▪ by ‘Renter’ is meant: the natural individual or legal entity concluding the rental agreement in the capacity of Renter;
▪ by ‘Prins Car Rental’ (the company/lesser): the natural individual who signs the rental agreement as a representative of the renting party;
▪ by ‘consumer’ is meant: the client, being a natural individual, who has concluded the rental agreement while not acting in the course of his/her business or profession;
▪ by ‘rental fee’ is meant: the amount due to be paid by the Renter to Prins Car Rental, including fees for additional services and administration.
▪ by ‘damage’ is meant: any financial loss directly or indirectly suffered by Prins Car Rental due to
1. damage to or loss of the vehicle, accessories or parts, or any other object belonging to Prins Car Rental. This damage includes all costs of repairing or replacing the vehicle, as well as any loss of rental fees;
2. harm or injury inflicted to any individual or object with or by means of the vehicle, for which Prins Car Rental, the vehicle license-holder or the liability insurer of the vehicle is liable;
3. harm or injury inflicted by the authorized driver to the Prins Car rental, for which Prins Car Rental, the vehicle license-holder or the liability insurer of the vehicle, is liable; especially those traffic tickets inflicted by the authorized driver, or fines that are enforced by the judiciary authorities
By ‘driver’ is meant: the Renter or the (authorized) individual actually driving the vehicle.
Article 1: Determination of the rental price, the rental period and other costs
1. The rental agreement is entered into for the period and at the rate noted in the rental agreement or otherwise agreed in writing. Solely after permission granted by Prins Car Rental, is the Renter permitted to return the vehicle at a time outside openings hours of Prins Car Rental. In that event, the Renter remains liable for all damage occurring until the point in time that Prins Car Rental has received the vehicle, inspects it or has it inspected during regular office hours;
2. The exact kilometer reading is noted upon commencement of the rental agreement. Establishment of the number of kilometers driven will take place using the odometer. Should this odometer become a defect, Prins Car Rental must immediately be made aware of this by the Renter.
3. Costs may be charged to the Renter for drafting the rental agreement, for ensuring the vehicle is ready to drive, is ready to be picked up, is ready to be delivered, and that it has a full tank.
Article 2: Extension of the rental period
The Renter takes it upon himself to return the vehicle to the company at the address mentioned in the rental agreement at the latest on the day and at the time stipulated for the termination of the agreement, unless an extension of the rental agreement has been agreed ahead of time. In case the vehicle is returned at a later time than was agreed, the Renter will pay NAF 50,- per day (excl. VAT) above the rental fee owed. In case the vehicle is returned at an early time than was agreed, no rental fee will be refunded.
Article 3: Exceeding of the rental period
1. If the vehicle has not been returned to Prins Car Rental or to a third party approved by Prins Car Rental within the period specified in the rental agreement or any approved prolongation, Prins Car Rental has the right to immediately reclaim the vehicle.
2. The Renter's obligations arising from this agreement remain in full force until the moment the vehicle is once again in Prins Car Rental's possession, with the understanding that the Renter must pay an amount of NAF. 50,- per day (excluding VAT) in excess of the rental amount until the moment of retrieval, in which a portion of a day counts as a day, without prejudice to the Renter's obligation to reimburse Prins Car Rental for damage incurred.
3. Any judicial costs incurred to reclaim the rental vehicle will be paid by the Renter.
Article 4: Cancellation
1. Confirmed reservations can be cancelled at any time free of charge. We highly appreciate it if you could inform us of your cancellation in a timely fashion.
Article 5: Payment
1. In advance of the rental period, advance rental payment as well as a security deposit can be required. Should the amount paid in advance exceed the rental sum to be paid, this amount remaining will be used as payment for all other amounts the Renter possibly owes to Prins Car Rental.
2. The security deposit covering excess will not be returned any earlier than the point at which the vehicle is returned. In the event of damage, the deposit covering excess will not be returned any earlier than the point at which it is clear that the size of the damage does not exceed the amount set aside for excess, after which at the most the deposit covering excess minus the damage amount will be returned.
3. Prins Car Rental is, at all times, both on entering into the rental and by possible extension thereof, authorized to require a payment security or an instruction for payment by credit card from the Renter. Authorization of this sort is irrevocable.
4. Payment must, unless agreed otherwise, take place immediately following expiry of the term of the rental period. Should the Renter not pay on time, he is in default by operation of law. From the date of default, the Renter must pay the statutory interest on the outstanding amount, increased by 2% annually, in which a portion of a month counts as a month.
5. Should the Renter remain in default, despite being warned to pay the debt, he is additionally obliged to pay the collection costs. Collection costs include all in-and-out of court costs incurred by Prins Car Rental for the collection of the amount owing, at a minimum of 15% of the amount due.
Article 6: Costs incurred while using the vehicle
The Renter is fully responsible during the rental period for costs such as road tolls and the costs of fuel, cleaning and parking.
Article 7: Use of the vehicle
1. The Renter is obligated to handle the vehicle properly and to ensure that the vehicle is used in accordance with its intended use. The Renter needs to command the necessary driver’s proficiency.
2. The Renter must return the vehicle to Prins Car Rental in its original condition. Any changes and additions to the vehicle are prohibited.
3. The Renter is required to sufficiently secure any cargo.
4. Only the individual(s) authorized as driver in the rental agreement is (are) allowed to drive the vehicle. The Renter is not permitted to allow the vehicle to be used by any individual who is not authorized as driver in the rental agreement. The Renter is fully liable for all damages that Prins Car Rental may incur because of negligence of this obligation.
5. The Renter must make sure that all authorized drivers have a valid driving license and that all drivers are in good physical and mental condition as required to drive save.
6. The Renter is not allowed to rent out the vehicle to any third parties, unless he has received written permission from Prins Car Rental to do so.
7. The Renter is not allowed to bind Prins Car Rental to any third parties or to create any appearance to that effect.
8. If the Renter loses control of the vehicle, he must inform Prins Car Rental immediately
9. The Renter is neither allowed to transport hitchhikers or animals in the vehicle nor to use the vehicle for contest or performance test of any kind.
10. The Renter is not allowed to take the vehicle across the Curaçao border.
11. The Renter must ensure to not carry a greater load than that for which the vehicle was built.
12. The Renter must maintain all of the vehicle’s engine oils and tire levels to the manufacturer’s specifications and needs to present the vehicle to Prins Car Rental for regular maintenance.
13. The Renter is responsible for returning the vehicle clean. If not, the costs for cleaning the vehicle (a minimum of NAF.25,- excl. VAT) may be charged.
14. The Renter is responsible for using the right kind of fuel.
15. The Renter must not use the vehicle when it is damaged or unsafe to use.
16. In case any event occurs which may cause damage, the Renter must:
▪ inform Prins Car Rental by telephone immediately;
▪ follow Prins Car Rental’s instructions;
▪ warn the local police;
▪ inform Curaçao Forensys (Telephone #: 9233 or +5999 461-3282);
▪ volunteer to Prins Car Rental or his insurer all information and documents relating to the event; ▪ submit a completed and signed claim form to Prins Car Rental within 48 hours;
▪ refrain from accepting blame in any way;
▪ make sure never to leave the vehicle behind without having properly protected it against any (more) damage or the risk of loss or;
▪ cooperate fully with Prins Car Rental or any individuals authorized by Prins Car Rental to enable Prins Car Rental to collect damages from any third parties or to fend off any third party claims.
17. The Renter must propose the obligations and prohibitions of this article to all authorized drivers, passengers and other users of the vehicle and to make sure that they comply.
Article 8: Renter’s liability for damage
1. Unless the rental documents (Record 360, damage registration app) made up at the start of the rental period shows otherwise, the Renter is considered to have received the vehicle without any visible defects or damage. This damage registration app will document any and all damages to the car, and send them to you by email. Be sure to provide us with a valid email.
2. Renter is responsible for all damages of Prins Car Rental which are caused by any event during the rental period or that is connected otherwise with the rental of the vehicle with due regard for the below-mentioned.
3. Should an excess have been agreed in the rental agreement, the Renter’s liability for damage per damage case is limited to the amount of the excess, unless:
- the damage was caused during or as a result of any act or omission in violation of article 7;
- The damage has arisen as a consequence of using the vehicle on unpaved terrain, or use of the vehicle on terrain for which the vehicle apparently is unsuited, or about which the Renter or the authorized driver has been informed that entering the terrain takes place at one's own risk;
- the damage has arisen with the approval of, or through intentional act or gross negligence of the Renter;
- the vehicle has been rented to a third party, also if Prins Car Rental has agreed to this;
- the damage concerned is thirdparty damage as a consequence of any harm through or with the vehicle, and the Third-party Liability Insurance concluded for the vehicle does not cover this on the grounds that any stipulation in policy terms and conditions has been transgressed. Policy terms and conditions are available for perusal at Prins Car Rental's company address and will be sent to the Renter without cost at his first request. In case a stipulation in the policy terms regarding accidental damage is incompatible with those in the rental agreement, the stipulations of the rental agreement prevail;
- the damage has arisen through loss of the vehicle and/or the vehicle keys or the operation of the alarm installation and/or the documents belonging to the vehicle (such as the vehicle registration certificate and border documents) have not all been returned to Prins Car Rental;
- the damage is the consequence of the realization of the danger connected with the transport, storage, loading and unloading of dangerous, explosive, flammable, oxidizable or poisonous substances; In all the abovementioned cases, the Renter will be fully liable for all damages including consequential damage/loss.
4. Should a payment be made to Prins Car Rental or to a third party pursuant to an insurance agreement concluded obligatorily or non-obligatorily by Prins Car Rental to cover the risk of accidental damage or against the risk of third-party liability, this has no effect on the Renter liability.
5. Deviating from the agreed excess, a high excess applies of
▪ a maximum of NAF 1.500,- (excl. VAT) for the Renter who is the consumer;
▪ a maximum of NAF 5,000,- (excl. VAT) for Renter who is not the consumer. for damage arising as a consequence of damage to, or inflicted by any part of the vehicle at a distance of more than two meters above the ground, or inflicted by any part of the load above this height.
6. the damage as a consequence of the inability to rent the vehicle during the periods of repair or replacement will be determined in advance to be the number of days it takes to repair or replace the vehicle, multiplied by the daily rental fee, minus 10% in connection with savings on variable expenses.
Article 9: Repairs of the vehicle
1. Any costs of necessary repair works and servicing of the vehicle during the rental period are for the account of Prins Car Rental, unless by law or by virtue of any provision of this agreement these costs are for the account of the Renter.
2. Servicing and repair works are being done either at the location of Prins Car Rental or by at another location appointed by Prins Car Rental. If this is not possible, the work will be done by a garage of the vehicle’s dealer network. In such case the Renter must ask for a quote first and must request for Prins Car Rental’s permission.
3. Upon request by Prins Car Rental, the Renter will present the vehicle for periodic test and maintenance check-ups.
Article 10: Technical defects of the vehicle
1. In the event that the vehicle can not be fixed within five (5) hours because of technical damage, the Renter is entitled to alternative. The Renter must contact Prins Car Rental immediately after taking notice of the defect.
2. Prins Car Rental is not liable for any damage to objects transported by the vehicle. The Renter and/or the consumer are required to take out an insurance policy for such objects.
Article 11: Fines and measures imposed by the government
1. The Renter agrees to pay any fines or financial consequences of measures imposed by the government with respect to using the vehicle; unless such costs are related to a defect which was already present at the point the rental agreement was closed.
2. If such sanctions and measures be imposed on Prins Car Rental, the Renter must indemnify Prins Car Rental for these at his first request, whereby the Renter must in addition pay collection costs.
3. If Prins Car Rental is obligated to provide information to the authorities about any act or omission on the part of the Renter, the Renter must pay any costs involved with a minimum of Nafl. 25,- (exclusive of VAT).
Article 12: Seizure of the vehicle
In the event of administrative, civil or criminal attachment of the vehicle, the Renter must continue to perform the obligations of the rental agreement, including those of paying the rental fee, until the moment at which the vehicle, unencumbered with attachments, is once more in the possession of Prins Car Rental. The Renter must indemnify Prins Car Rental for all costs arising from the attachment.
Article 13: Dissolution of the rental agreement
Prins Car Rental is entitled to terminate the rental agreement without giving notice or prove of default and without any intervention of the court. Prins Car Rental is entitled to reclaim the vehicle if the Renter fails to fulfill one or more of his obligations with respect to the rental agreement. The right to terminate the agreement also applies in case of Renter’s death, in case the Renter has been placed under custody, in case the Renter requests suspension of payment, and if the Renter has been declared bankrupt. Prins Car Rental is also entitled to terminate the rental agreement if the Renter moves abroad, in case the vehicle has been seized or in case Prins Car Rental becomes aware of circumstances during the rental period which are of such a nature that Prins Car Rental would not have concluded the rental agreement if he had known about it. In case of one or more above mentioned cases, the Renter is bound to cooperate fully to return the vehicle to Prins Car Rental. Prins Car Rental is not liable for damages due to the annulment of the rental agreement.
Article 14: Renter’s liability for acts or omissions on the part of third parties
The Renter is liable for acts or omissions on the part of the authorized driver, the passengers and any other users of the vehicle, also if they acted without the Renter’s permission.
Article 15: ‘Force Majeure’
1. In case Prins Car Rental, due to ‘Force Majeure’ (Act(s) of God), is not able to fulfill its obligation fully of parts thereof, he has the right to suspend or dissolve the rental agreement fully of parts thereof without judicial intervention, without any claim to damages. In such a case, the Renter will be refunded on a prorated basis.
2. Under ‘Force Majeure’ we understand: strikes, exclusion, fires, mechanical failure and other interruptions of operations whether with Prins Car Rental’s contractor or his suppliers of goods and services, transportation interruptions and other extraordinary event or circumstance beyond the control of the parties such as wars, blockades, uproar, epidemic, devaluation, floods and storms, as well as a sudden increase in import-, taxes and duties, delays in the deliverance by suppliers, not receiving the necessary permits and other government measures.
Article 16: Renter’s liability
Should at the execution of the signed rental agreement between Prins Car Rental and the Renter, circumstances arise (such as negligence on the part of Prins Car Rental) that lead to the liability on the part of Prins Car Rental, this liability is limited to the amount(s) Prins Car Rental has agreed with her insurer. Prins Car Rental is not obliged to pay out any further compensation.
Article 17: Registration of personal data of the Renter and the authorized driver
Personal data of the rental agreement will be registered in Prins Car Rental’s administration. This registration will enable Prins Car Rental to execute the rental agreement and to provide the Renter or the authorized driver with optimal service and current product information. This information can also be used to make the Renter or the authorized driver tailor-made offers. The Renter or the authorized driver can object to Prins Car Rental using their personal data for direct mailings which Prins Car Rental will honor.
Article 18: Track & Trace via GPS
Prins Car Rental likes to refer to the fact that (a) all her vehicles have electronic immobilisers and/or Anti-theft warning system as well as that (b) a significant portion of her fleet will be provided with Track and Trace systems.
Article 19: Reference Check
Prins Car Rental holds the right to conduct a reference check on the (private) rental. Prins Car Rental may ask the Renter to leave behind a thumb-print during the rental period.
Article 20: Self Service Car Rental option
Clients who make use of our self service option will receive an email from our damage inspection app (record 360) with a video and pictures of their car prior to arrival showing all existing damages. Please make sure to provide us with a valid email address. When collecting your car, please make sure to review all the existing damages using the previously send video/pictures by mail. In case you see that there is an existing damage that is not marked on our damage inspection app (record 360) please be sure to notify Prins Car Rental immediately by making a picture of the damage you have seen, and send it via WhatApp or email, before you start driving. There is no need to wait for a reply on this email or WhatApp, the pictures send is enough evidence. If the car has been removed from Prins Car Rental property, Prins Car rental will no longer be responsible for any new damages that are not registered on the damage registration app.
Article 21: Applicable law
All agreements between Prins Car Rental and the Renter and the present general terms & conditions will at all times be governed by Dutch Antillean law. All disputes resulting from and are agreed in these Terms and Conditions and those resulting thereafter will be judged at the ‘Gerecht in Eerste Aanleg van de Nederlandse Antillen’, seated in Curacao.
Article 22
These Terms and Conditions are also applicable to supplementary rental agreements between Prins Car Rental and the Renter as well as the existing rental agreement. The Terms and Conditions are in Dutch and translated in English. In case of a dispute in the content and context of these Terms and Conditions, the Dutch text is binding.