General conditions Hot Wheels Car Rental N.V.
Definitions:
In these conditions it is understood under:
Car: The car or the other matter which is the subject of the lease.
Tenant: The natural person or legal person who closes the lease as a tenant.
Landlord: Hot Wheels Car Rental N.V.
Damage of the landlord: capacity damage that landlord suffers directly or indirectly at impact of:
– damage (among which understood a situation of the car or of components of it that is not appropriate to bijnormale wear) or vermissing of the car or of belonging to toebehoren or components of it, or of another matter of the landlord. To this damage among others the costs ven replacement of the car and the derving of hiring income belong.
– dealt with or by the car to person or well disadvantage, for which the landlord or the liability insurer of the car is responsible c.q is kept, to the judgement of landlord.
Driver: The actual driver of the car
Article 1: provision of the rent, remaining costs, expensive of the agreement
1. The lease is contracted for the period and the tariff like in lease has been mentioned.
2. The car must be picked up c.q brought back within the visiting hours of landlord.
3. Only after authorisation of landlord it has been permitted bring back the car at a time to tenant lain outside the visiting hours of landlord. Tenant continues arise responsible for all damage to the time on which landlord has been actually put in the possession of the car and these have inspected or let inspect. The inspection takes place at the inlevering.
4. Beside the agreed tariff are possible other costs such as obtain – and to brengkosten, aftank to cost, aid calls upon of Hot Wheels Car Rental N.V, it on on the agreed time date do not hand in etc. are charged.
Article 2: damage recording
1. Tenant explains the car in good state, without visible lacks and/or damages to have received, unless it has been differently indicated in the damage recording.
2. If tenant uses does not take of the ´breng service´ (delivery) and the tenant the car immediate at delivery in reception, the car is left behind. At the car is himself an envelope in which a damage recording is himself form and sealed in a closed and part of the envelope the key of the car. If the tenant believes that on the damage recording form damage defined does not correspond to damage observed by him to the car, he must taking the key from the closed and sealed part of the envelope, inform landlord of it. The phone numbers have been mentioned on the envelope. If tenant has not done on the aforementioned wise communication of a difference between by him observed and on the damage recording form defined damage, the car is considered in on damage recording the form defined state to the tenant available to have made.
Article 3: extention of the hiring period
Tenant has been obliged the car at the latest on the day and on the time that the agreement finishes unless to hand in address mentioned on in the lease, voordien attribution of the lease has corresponded.
Article 4: overshooting of the hiring period
If the car on the agreed day and time have not been handed in, landlord has been entitled take back the car immediately. From this agreement the resulting obligations of tenant remain effective up to the moment that the car possesses landlord. Tenant is an amount of AWG. 25, – extra per day on top of the hiring sum chargeable where a part of a day is considered as a day. Tenant has been in addition loved to compensation by landlord suffering damage.
Article 5: use of the car
1. Tenant must in a careful manner with the car go and ensure that the car is used in conformity with the destination. The car does not have be overloaded with passengers and/or goods. Tenant must drive in addition cautious and carefully and must take into account the dimensions of the vehicle.
2. Tenant is obliged the car in the same state in which these have been received, with all standaardaccessoires, tools (as far as supplies), characterise papers and remaining hand in documents. Tenant can introduce nothing to the car.
3. Only persons who in the lease as a driver – among which can control also who has been indicated as a tenant in the agreement, the car. It has not been permitted tenant make the car available to a person who has not been mentioned as a driver in the agreement.
4. Tenant must take care that all drivers have the competence and the physical and mental gesteldheid which is required for controlling the car.
5. Tenant cannot link landlord towards third parties or appearance to this end to awake.
6. Tenant cannot let the car weder or otherwise to another one in use to give.
7. Tenant can no hitchhikers or animals in uses the car to take along, the car for rijles, or with the car take part in (speeds) games (car races, rally `s, sport at, at etc.), file skill or reliability tests.
8. Tenant must keep all fluids and tyre pressure at required the level at (leave). /Replaced or repairing a leak or broken link is for the costs of the tenant.
9. Tenant must suitable refuel fuel for the car.
10. Tenant must hand in the car.
11. Tenant cannot use the car (to leave) for transporting persons and/or goods against payment in which form thus.
12. It has not been permitted tenant at (leave) use the car for the transport of an aim contrary with the law.
13. It has not been permitted tenant at (leave) use the car for pushing or drawing some vehicle or trailer.
14. Tenant cannot use the car (to leave) for off- road to drive (North coast, natural pole, on strands etc.)
15. Tenant cannot control the car (to leave) which is under influence of alcohol or narcotics.
16. Tenant must the car always good close when the car is not used.
17. In case of damage or failures to the car, it has not been permitted tenant the car use if that can lead to worsening of damage or of the failures or to reduction of the road safety. Tenant must landlord of this damage or inform failures immediate.
18. Costs of possible maintenance are at the expense of landlord, if landlord authorisation has granted in writing to leaving performs of maintenance. Possible maintenance expenses are only then reimbursed landlord, if tenant submits specified accounts.
19. Tenant is obliged in case of only event from which damage can result (also when the car power of tenant has affected):
– landlord of this immediately telephone to inform;
– the instructions of landlord to follow;
– immediately the police force to call;
– to remember itself of recognition of debt, in which form thus;
– the car only after to leave behind the car in an adequate manner has been secured against accident, robber stable and burgling;
– landlord as well as by landlord persons designated (among which the insurance company), all collaboration to grant for acquisition of damages of third parties or as objection against revendications of third parties.
If under 19 said directives do not become has succeeded tenant, beside the damage concerning the event from which damage results, kept extra administrative costs is pay AWG 50.00.
Article 6: liability of tenant for damage
1. If no damage recording has taken place, tenant is assumed the car in onbeschadigde situation to have received.
2. Tenant has anyhow arisen responsible for all damage of the landlord during the hiring period, which in link stands with the hiring of the car or as a result of only event.
3. Landlord in accordance with the law w.a. have concluded insurance. The polisvoorwaarden lie for inspection at kantore of landlord. Cover of the insurance is impossible if tenant has not stuck to its obligations in pursuance of Article 5.
4. Tenant has in case that cover is granted, by claim /gebeurtenis his own risk for the amount which in the lease it has been mentioned. If no amount is mentions, its own risk AWG is 875, -/US$ 500, -/at persons under 21jaar and/or the persons who have shorter than a year the drivers license, become its own risk with AWG 200,– raised.
5. Tenant is responsible for behaviour and leaving behind the driver, the passengers and other users of the car, also if did not have this approval of tenant.
Article 7: liability of the landlord
1. Landlord is not responsible for damage, how also ontstaan and of which nature stores thus, concerning transporting, drawers and discharging dangerous, explosive, inflamable, oxidising or toxic goods. Tenant protects landlord to the point of possible damage of third parties.
2. Landlord is not responsible for damage, how also ontstaan, of whatever nature as a result of mechanical jammings to the car.
3. Subject to cases of set-up and grove debt comply with the liability of landlord for complying with the one or more of the obligations resulting from the lease has not been at any time restricted to the obligation lease still properly. If considerably compliance is not (more) possible, the liability of landlord has been limited at all time to an amount right to the total hiring amount like on the lease has been mentioned. The liability for consequence damage has been explicitly excluded.
Article 8: seizure/fines
1. All costs, fines and administrative costs concerning summary offence of the ways and movement regulation or other legislation are at the expense of tenant.
2. Tenant has been obliged landlord of by the government imposed sanctions and put measures.
3. At administrative, civil or criminal seizure on the car, tenant remains kept to compliance with the undertakings of the lease, as a result of which that to payment of the rent, until the moment on which the car possesses bay of landlord rather. Tenant is obliged compensate landlord for all from the seizure resulting costs.
Article 9: dissolution of the lease
1. In case tenant the lease has closed legal person on behalf of or at the expense of another natural or, explains he by being signature of the lease to this end competent. Tenant is beside these natural or legal person, severally responsible for all from the lease resulting obligations.
2. If one or more provisions of the lease or the general conditions should prove be null and void, the remaining provisions remain unabridged effective.
3. Exclusively with written authorisation of landlord is possible of the provisions in the lease or are deviated in the general conditions. Promises of the staff of landlord or oral appointments with the staff of landlord are for landlord not binding.
Article 10: dissolution of the lease
The lease is possible without ingebrekestelling or legal mediation landlord is cancelled. Landlord has been entitled to compensation of costs and damage and interest in case tenant does not comply with the obligations from the lease or swiftly or will comply with. The vorenstaande apply unabridged also in case of death, under trusteeship proposition, bankruptcy, seizure on the car or progress by the government of the car, or if circumstances with which landlord, occur there, if he would be been of it at contracting the lease, the lease will not have closed. _ tenant grant a irrevocable authorisation to landlord or by landlord or by landlord designate person the car check where these itself be. Tenant all collaboration will grant to landlord to do put itself in the possession of the car. Tenant is responsible for all costs which daarmede in link stand, including possible damage for landlord as a consequence of the dissolution of the lease. Landlord is not responsible for possible damage which results from dissolution of the lease.
Article 11: appropriate right
The lease becomes exclusively masters by the Arubaans right. Disputes between parties will be exclusively tried by the Arubaanse right.
__________________________________________________