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TERMS AND CONDITIONS

1.RENTAL AGREEMENT

By renting a vehicle from XS Car Rental, you agree to be bound by the terms and conditions outlined herein. 

2.PAYMENT 

  1. The rental agreement is entered into for the period and at the rate noted in the rental agreement. Prices are based on 24 hours and can be paid in cash or with (cedit)card. The amount has to be paid In advance of the rental period or upon arrival. 

A deposit of US$ / €342 is required. This deposit is to be used in the event of loss of or damage to the vehicle during the term of this Agreement. In absence of damage or loss, said deposit shall be returned to renter when the vehicle is returned. Deposit can be paid in cash or with creditcard. The deposit will never serve as an advance payment of the rent.

3. PERSONS WHO MAY DRIVE THE RENTAL VEHICLE

The vehicle may be driven during the term of the rental only by the persons named on the rental contract, and only if they hold a current full valid (co)driver’s license appropriate for the particular vehicle while they are using the vehicle. Renter must be 23 years or older.

4.USE OF THE VEHICLE

The renter shall not:

  1. Use or allow the vehicle to be used for the transport of passengers for hire or reward unless the vehicle is hired with the owner’s knowledge for use in a passenger service;
  2. Sublet or rent the vehicle to any other person or company;
  3. Allow the vehicle to be used outside his/her authority;
  4. Operate the vehicle or allow it to be operated in circumstances that constitute an offence against the law (which relates to driving under the influence of alcohol or drugs);
  5. Operate the vehicle or allow it to be operated in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker or testing in preparation for any of these;
  6. Operate the vehicle or allow it to be operated, in breach of rules and regulations or bylaws relating to road traffic;
  7. Allow the vehicle to be driven by any person who is not named or described in the rental contract as a person permitted to drive the vehicle;
  8. Operate the vehicle or allow it to be operated to propel or tow any other vehicle;
  9. Operate or allow the vehicle to be used in involvement with any illegal activity
    10.    Allow any person to smoke in the vehicle;

5.RENTER’S OBLIGATIONS

The renter shall insure that:

  1. All reasonable care is taken when driving and parking the vehicle;
  2. Only the fuel type specified for the vehicle will be used; (unleaded) 
  3. The tires are maintained at their proper pressure;
  4. The vehicle is locked and secure at all times when it is not in use and the keys kept under the renter’s personal control at all times;
  5. The distance recorder or speedometer are not interfered with;
  6. No part of the engine, transmission, braking or suspension systems are interfered with;
  7. Should a warning light be illuminated or the renter believes the vehicle requires mechanical attention, the renter will stop driving and advise the owner immediately;
  8. Any authorized driver always carries their driver’s license with them in the vehicle and will produce it on demand to any enforcement officer.

6.MECHANICAL REPAIRS AND ACCIDENTS

Renter is responsible for all damages of XS Car Rental which are caused by any event during the rental period.
If the Vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the Renter shall notify the Owner of the full circumstances by telephone immediately. By car accidents renter should also called Forensys Curacao 9233. The Renter shall not arrange or undertake any repairs or salvage without the Owners authority

7.DAMAGE AND THEFT

In case of theft of the car, parts, or accessories, these costs can amount up to the deductible for the renter. Any minor damages/glass damage and the loss of rental days due to repair will be deducted from the deposit. Damage caused without the knowledge of the renter is also at the renter’s expense. The renter is fully liable for damage caused by ignoring warning lights and (temperature) meters on the dashboard and damage caused intentionally, with conditional intent, or with the consent of the renter.

8.ALCOHOL & DRUG USE 

Damage incurred by driving under the influence of alcohol and/or drugs will be entirely at the expense of the renter.

9.TRAFFIC OFFENCES

All penalties related to traffic and/or parking offences are the responsibility of the Renter

10.RETURN OF VEHICLE

The Renter shall insure that: 

Returned the vehicle with the same amount of fuel as it was received. If this amount is less, you will be charged the difference at a rate of $15 for every quart tank (excl. sales tax).

Return the vehicle to the location mentioned in the rental agreement, on the day and time stated on the rental agreement or before, unless the rental agreement has been extended in advance. If the rental vehicle is returned after the submission date and time, additional costs will be charged.

Late return within 1 hour, renter will be charge the daily rate. Rental costs in case of an earlier return of the rental vehicle are not refundable.

11.TRACK & TRACE VIA GPS
XS 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.

12.INSURANCE

It is expressly understood and agreed that the renter will be insured against liability for bodily injury and/or property damage caused by the renter to a third party in accordance with an Automobile Liability Insurance Policy customary in Curacao up to Nafl. 150.000,- (One hundred and fifty thousand guilders) as stated by the law of Curacao. Upon request of renter, can obtain an all risk coverage for damages to the rented vehicle. The Third-Party Liability or All Risk Insurance does not cover any damage sustained by the renter or the occupants personally. The premiums for said insurance are mentioned above. It is expressly understood and agreed that a deductible of US $/ Euro € 342 will be applicated at all times, be it for a Third Party Liability Insurance, be it for an All Risk Insurance. If and when the renter is not at fault and the operator has recovered the deductible form the party at fault, the deductible will be refunded to the renter.

13.INDEMNITY

Regardless of insurance coverage, renter shall fully indemnify the owner for any loss, damage, and legal actions, including reasonable attorney’s fees that owner suffers due to renter’s use of vehicle during the term of this agreement, including but not limited to, damage to the vehicle, damage to the property of others, injury to renter, and injury to others. This provision survives the termination of this agreement.

14.CANCELLATION OF THE RENTAL AGREEMENT

  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.

    The owner has the right to terminate the rental and to take immediate possession of the vehicle if the renter fails to comply with any of the terms of the rental contract, or if the vehicle is damaged. The termination of a rental under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the renter under the rental contract or otherwise. There will be no refund of money to renter.


15.LIABILITY

  1. XS Car Rental Company is not liable for any loss or damage to personal belongings left in the vehicle.
  2. XS Car Rental Company is not liable for any accidents, injuries, or damages resulting from the renter’s use of the vehicle.

16.TRACK & TRACE VIA GPS
XS 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.

17.GOVERNING LAW
This agreement is governed by the laws of Curaçao. Any disputes arising under this agreement shall be resolved in the courts of Curaçao.

18.AMENDMENTS
XS Car Rental Company reserves the right to amend these terms and conditions at any time without prior notice.