Standard terms & general conditions of rental car status
The renter who declares hereby that he has received the car in good condition, except the apparent defeats mentioned in the car status report, must use it in good manner so as he can return it in the same above conditions. If this is not the case, he will be charged for any damage on the car, except the normal use of the car and if there is a mechanic breakdown, which must be immediately notified to the lessor.
Use of the vehicle
The renter is not allowed to lend the rented car to someone else
It is formally prohibited for the renter to:
- Carry illegal goods, explosives, radioactive products etc.
- Drive under the influence of intoxicants
- Drive on the beach
- Propel, tow any vehicle, trailer, etc.
- Transfer persons & goods subject to payment consideration
- Drive the car in any race or speed contest
- Renter is prohibited to repair vehicle
Delivery & Return
- The renter is granted a fixed durations as stated on the form
- In the event that the car is not returned on the agreed date and place, the lessor reserves the right to recover the vehicle from wherever it may be, The renter is liable for any rental fee until recover of the said vehicle. Past a certain time, if the vehicle is not recovered it may be considered and treated as a theft of said vehicle with all the legal and financial consequences of such a situation to the account of the renter.
- Vehicles must be returned during the lessors agencies opening hours and the keys must be returned to lessors staff only
Payment, prices & charges
The rates are those that are in force at the moment of the renting of the vehicle. The minimum rental period is 24 hours. A 59 minute deductible is granted. Beyond that 59 minute period a half-day or an additional full day will be charged.
Renter shall pay or reimburse the Lessor at it request the following amount representing:
- Rental charge according to the length of the rental at the rate indicated on the contract as agreed
- All rental cost in respect of the law, government taxes, optional insurance for an additional coverage, etc.
- Pick up and drop off fees indicated on the signed contract, when the car is not left at the pre-agreed place
- Fuel, if the car is not refueled as it was previously before renting
- The expenses incurred as a result of puncture or wrong choice of gasoline, which causes the tank to be drained completely and to service it and to refuel it again
- The cost of the key locked in the vehicle or lost, which incurs removal expenses or a cost to replace any additional components that may need to be replace and the labor and programming cost associated.
- The repair cost as the result of any damage cause to the car
- Rim tires car body damage, engines or any accident damage in accordance with the coverage of the type of insurance contracted by the renter. If a deductible is provided for, in the type of insurance like the “CDW” the amount of the deductible indicated on the contract will be payable, provisionally, in full to the lessor, until final estimate of the repair cost is met.
- All fines and other cost incurred in relation to any illegal action and other cost are to be borne by The renter for all offenses or violations committed during rental period by renter himself or any other user of the vehicle
- All the expenses incurred to be borne by the lessor as a result of the misuses of the vehicle e.g. driving with flat tires or the failure to check water and oil, after the fact that the renter has knowledge of this information provided by the alarm sound or warning displayed
- The renter agrees and understands that the renter waives and relinquishes the right, if any, to dispute any and all charges pertaining to rental and repair of the rented vehicle, with the renters credit card company. The renter hereby irrevocably for now and future, gives power of attorney to the lessor to notify and insofar as might be legally necessary instruct the credit card company of the renter, on behalf of the dispute by the renter, to the moneys made payable by the credit card company to the lessor or on the account of the latter. Netherland Antilles law applies on this agreement, shall be settled by the Court in First Instance on Sint Maarten, Netherlands Antilles. All the lessor legal and other expenses in order to seek recourse, included and not limited to debt collection fee in whatever amount necessary without limit but within reason are to be made at the expense of the renter. If any portion of this agreement is held invalid, the remaining provision shall continue to be valid.
Rental & damages
Non-payment of the amount due to us authorizes us to repossess the vehicle from you at any time or any place without your permission.
Insurance validity conditions of insurance
The insurance is limited to the duration of the rental agreement as stipulated in each contract. Coverage could be extended only when previously arranged and accepted by the lessor.
Exclusions
We exclude of the insurance coverage, the following conditions:
- If the renter misplaces the key for the vehicle or does not use the anti-theft devices, (e.g. alarm, locks, transmission lock, etc) the theft insurance become invalid
- Any person renting a vehicle and using said vehicle in the performance of his employment is not covered by this insurance contract during the performance of said employment and therefore should have separate policy covering his or her professional activities
- Any injury suffered by the driver and any passenger in the car
- Any damage to the vehicle when the vehicle is driven recklessly or unlawfully or having more passengers than stipulated by the vehicle registration (carte grise).
- If the accident happens while a person other than the renter or contractually accepted driver drives the vehicle. If the accident happens over the time, which the car was supposed to be returned as, mentioned on the contract. The client or the accepted additional driver if he or she does not take all necessary precautions to protect the interest of the lessor and the insurance company by failing to fill out properly the accident report available in the glove compartment of the vehicle
- Failing to declare an accident within 24 hours, theft or fire to the lessor and the authority
- Failing to complete legibly, even if there is only material damage, the accident report form, describing the detailed circumstances of the accident, (date, time, name of witnesses if any name, address and driver license number of the other third party, the number plate of the other vehicle, insurance company and policy number.
- Failing to get countersign by the driver of the other vehicle involved in the accident
- Failing to add to the accident report any Gendarmes or Police report in case of corporal damages
The warranty does not apply when:
- Traffic lights are not respected
- Failing to respect a stop sign
- Driving against traffic
- Driving under the influence of intoxicants, narcotics or medicines that alters mental state
- There are any other traffic violations. Using improper fuel or any improper material.
- If the car is driven on any other place than Sint Maarten/ Saint Martin
Coverage of the different insurances
- Collision damage waiver:
When you purchase collision damage waiver. The client and additional driver are covered against the financial consequences of their civil responsibility regarding the damages done to the car rented from the lessor. The passengers are not covered by this guarantee. The guarantee covers only the accident material damages caused only to said vehicle. With a deductible according to the type of vehicle. The lessor undertakes to refund to the renter the different between the amount of the said deductible and the cost of the repair of the damage.
Theft insurance:
When you purchase theft insurance from lessor. That insurance covers only the theft of the contracted vehicle and its part only, up to the level of deductible insurance purchased as long as the renter is not negligent in his or her responsibility for the proper security of the vehicle.
IE: Key left in the vehicle, doors left unlocked, vehicle parked in a dangerous place.
Theft insurance does not cover any personal property left in the vehicle and it does not apply when renter fails to file a timely Police Report and does not return all vehicle keys and documents. Loss or theft of the vehicle: Lessor will refund to the renter any money collected from them for the loss of the vehicle less the cost of any damages to the vehicle less the gross income the vehicle would have generated during the period of time the vehicle was lost, if the vehicle is recovered by the lessor. If the client loses the key or does not use the anti-theft devices set in place, such as transmission lock, alarm, door locks, etc. the theft insurance coverage will no longer apply.