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Terms & Conditions Bonaire Rent a Car.
Definitions:
In these general terms and conditions:
by 'vehicle' is meant: the vehicle or any other object
being subject of the rental agreement;
by 'client' is meant: the natural individual or legal
entity concluding the rental agreement in the capacity of client;
by 'rental fee' is meant: the amount due to be paid
by the client to Bonaire Rent a Car, inclusive fees for additional services
and administration.
by 'Bonaire Rent a Car' is meant: Bonaire Rent a Car
nv.
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 'damage' is meant: any financial loss directly or
indirectly suffered by Bonaire Rent a Car due to:
* damage to or loss of the vehicle,
accessories or parts, or any other object belonging to Bonaire Rent
a Car. This damage includes all costs of repairing or replacing the
vehicle, as well as any loss of rental fees;
* harm or injury inflicted to any individual or object with or by means
of the vehicle, for which Bonaire Rent a Car, the vehicle license-holder
or the liability insurer of the vehicle is liable;
by 'driver' is meant:
the individual actually driving the vehicle.
Article 1. Determination of the rental price and the rental
period
The rental agreement is concluded for
the period and rental price as indicated in the rental agreement or as
otherwise agreed in writing.
Article 2. Return of the rental
vehicle
The client is bound to return the vehicle to Bonaire Rent a Car at the
address specified in the rental agreement not later than the specified
expiration date and hour, unless the rental agreement has been extended
before that time.
Article 3. Exceeding of the rental period
1. If the vehicle has not been returned
to Bonaire Rent a Car or to a third party approved by Bonaire Rent a
Car within the period specified in the rental agreement or any approved
prolongation, Bonaire Rent a Car has the right to immediately reclaim
the vehicle.
2. All obligations under this agreement remain in full force and effect
until the vehicle has been returned to Bonaire Rent a Car, and the client
will be obligated to pay an extra $ 50,- excl. VAT per day over the
extended period, without prejudice to clients obligation to pay compensation
for any loss or damage suffered by Bonaire Rent a Car.
3 . Any judicial costs incurred to reclaim the rental vehicle will be
paid by the client.
Article 4. Cancellation
Confirmed reservations can be cancelled seven days prior to pickup time
without any penalty charged. In case of no-show or cancellation within
seven days from pick-up time a penalty fee is charged of $ 50,- excl.
VAT. Booking amendments are free of charge.
Article 5. Payment
1. A credit card is required to process
security and insurance deposits. Payment is made in full when the vehicle
is collected.
2. Any cdw or scdw deposit will (partly) be reimbursed after the vehicle
has been returned to Bonaire Rent a Car and an inspection of the vehicle
has excluded any damage to the vehicle or the liability does not exceed
your deposit
3. A security deposit of US $572,00 is required at all times. Such authorisation
is irrevocable.
4. Unless agreed otherwise, payment is due immediately after the rental
period has ended.
5. If the client fails to pay with respect to issue 4 of this article,
prove of default will be adopted. In this event Bonaire Rent a Car is
entitled to charge legal interest plus 4% from the day after prove of
default has been adopted until full payment has been made. Interest
will be calculated on a monthly basis.
6. If the client fails fulfil payments even after prove of default has
been adopted, he is bound to pay recovery charges. By 'recovery charges'
are meant any costs incurred to Bonaire Rent a Car in order to recover
the amount due. These charges will be at least 15% of the amount due
with a minimum of $ 75,-.
Article 6. Costs incurred while
using the vehicle
The client is fully responsible for all fines or other consequences
of the violation of traffic regulations, parking orders or prohibitions,
or any other laws or regulations, during the rental. If Bonaire Rent
a Car is required to pay such fines, congestion charges or associated
costs, the client agrees that we may charge the client for the amount
of any fine plus a $ 10,- exc. administration charge for dealing with
these matters.
Article 7. Use of the vehicle
1. The client is obligated to handle the vehicle properly and to
ensure that the vehicle is used in accordance with its intended use.
2. The client must return the vehicle to Bonaire Rent a Car in its
original condition.
3. Only the individual(s) authorized as driver in the rental agreement
is (are) allowed to drive the vehicle. The client is not permitted
to allow the vehicle to be used by any individual who is not authorized
as a driver on the front page of the rental agreement.
4. The client must make sure that all drivers have a valid driving
license and that all drivers are in a good physical and mental condition
as required to drive safe.
5. The client is not allowed to rent out the vehicle to any third
parties, unless he has received written permission from Bonaire Rent
a Car to do so.
6. The client is not allowed to bind Bonaire Rent a Car to any third
parties
or to create any appearance to that effect.
7. If the client loses control of the vehicle, he must inform Bonaire
Rent a Car immediately.
8. The client and any authorized driver must:
1. not allow the vehicle to be used
for any illegal purpose, race contest or performance test of any kind;
2. not use the vehicle to transport animals
3. not allow the Vehicle to be used to carry passengers for payment
of any kind or hitchhikers
9. The client and any authorized driver must not carry more passengers
than may be properly accommodated by the seat belt restraints provided
in the Vehicle, or carry a greater load than that for which it was
built
10. The client and any authorized driver must maintain all of the
vehicle's engine oils and engine coolant levels to the manufacturer's
specifications.
11. The client is responsible for using the right kind of fuel.
12. The client or any authorized driver must not use the vehicle when
it is damaged or unsafe to use.
13. In case any event occurs which may cause damage, the client or
the authorized driver must:
1. inform Bonaire Rent a Car by telephone
immediately;
2. follow Bonaire Rent a Car's instructions;
3. warn the local police;
4. volunteer to Bonaire Rent a Car or his insurer all information
and documents relating to the event;
5. submit a completed and signed claim form to Bonaire Rent a Car
within 48 hours;
6. refrain from accepting blame in any way;
7. make sure never to leave the vehicle behind without having properly
protected it against the risk of loss or any (more) damage;
8. cooperate fully with Bonaire Rent a Car or any individuals authorized
by Bonaire Rent a Car to enable Bonaire Rent a Car to collect damages
from any third parties or to fend off any third party claims;
14. The client must propose the obligations and prohibitions of this
article to all drivers, passengers and other users of the vehicle
and to make sure that they comply.
Article 8. Client's liability
for damage
1. Unless the rental documents shows otherwise, the client is considered
to have received the vehicle without any visible defects or damage.
2. where applicable, the client pays the excess shown on the rental
documents for each separate event involving damage to or loss of the
Vehicle or for each separate event involving damage to the property
of any third party which is caused by the use of the Vehicle by the
client or an authorized driver.
3. Collision Damage Waiver reduces clients liability for damage for
each occurrence limited to the amount of the deductible, unless:
1. the damage was caused during or
as a result of any act or omission in violation of article 7;
2. the damage was caused with client's approval or was due to any
deliberate act or gross negligence on the part of the client;
3. it concerns damage resulting from any injury or harm inflicted
with or by means of the vehicle upon any third party, whereas the
legally required third party insurance does not cover the damage due
to any violation of the policy conditions. The policy conditions are
available free of charge on request.
4. car keys, remote controls of the vehicles anti-theft system or
vehicle documents such as the vehicle registration and customs documents.
4. Collision Damage Waiver and Super Collision Damage Waiver only
covers
financial liability.
5. In the event of damage to, or caused by the vehicle or the vehicles
cargo above 2 meters, CDW reduces liability to a maximum of $ 572,-
(excl. VAT)
for a consumer and to a maximum of $ 5,000,- (excl. VAT) for a corporate
customer.
6. A daily loss of rental fee based on the estimated downtime of the
vehicle is determined in advance by the following formula: the period
in days the vehicle is down times the rental price, less 10 % due
to variable costs
Article 9. Repairs and servicing
1. Any costs of necessary repair works
and servicing of the vehicle during the rental period are for the account
of Bonaire Rent a Car, unless by law or in virtue of any provision of
this agreement these costs are for the account of the client.
Article 10. Technical defects
of the vehicle
1. In the event that the vehicle can't
be fixed within 4 hours because of technical damage, the client is entitled
to alternative transportation in accordance with Bonaire Rent a Car's
terms and conditions..Bonaire Rent a Car rejects liability for any damage
to objects transported by the vehicle.
Article 11. Fines and measures
imposed by the government
1. The client 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 charges are made to Bonaire Rent a Car, the client must reimburse
these costs at Bonaire Rent a Car first request. If the client does
not reimburse these costs to Bonaire Rent a Car after its first request,
a surcharge will be made of at least $ 25,- (exclusive of VAT) for collection
fees.
3. If Bonaire Rent a Car is obligated to provide information to the
authorities about any act or omission on the part of the client, such
as a traffic violation, the client must pay any costs involved with
a minimum of $ 10,- (exclusive of VAT).
Article 12. Seizure of the vehicle
In the event the vehicle is seized by law, the client is bound to comply
with the obligations of the rental agreement until the vehicle is free
of burden. The client must pay any costs incurred as a consequence of
seizure, unless the seizure can be hold against Bonaire Rent a Car.
Article 13. Dissolution of the rental agreement
Bonaire Rent a Car is entitled to terminate the rental agreement without
giving notice of prove of default and without any intervention of the
court.Bonaire Rent a Car is entitled to reclaim the vehicle if the client
fails to fulfil one or more of his obligations with respect to the rental
agreement. The right to terminate the agreement also applies in case
of client's death, in case the client has been placed under custody,
in case the client requests suspension of payment. Bonaire Rent a Car
is also entitled to terminate the rental agreement if the client establishes
abroad, in case the vehicle has been seized or in case Bonaire Rent
a Car becomes aware of circumstances during the rental period which
are of such a nature that Bonaire Rent a Car would not have concluded
the rental agreement if she had known about it. In case of one or more
previous events the client is bound to cooperate fully to return the
vehicle to Bonaire Rent a Car.
Article 14. Client's liability for acts or omissions on the part of
third parties
The client is liable for acts or omissions on the part of the driver,
the passengers and any other users of the vehicle, also if they acted
without client's permission.
Article 15. Registration of personal
data of the client and the driver
Personal data of the rental agreement will be registered in Bonaire
Rent a Car's administration. This registration will enable Bonaire Rent
a Car to execute the agreement and to provide the client or the driver
with optimal and current product information. This information can also
be used to make the client or the driver personalised offers. The client
or the driver can object to Bonaire Rent a Car using their personal
data for direct mailings which we will honour.
Article 16. Applicable law
Agreements between Bonaire Rent a Car and the client and the present
general terms & conditions will at all times be governed by the
law of the Dutch Antilles.
This document is available in Dutch and English. In the event of any
discrepancy between the English-language and the Dutch-language versions
of the present general terms or the interpretation thereof, the Dutch
text will prevail.
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