Car Rental Terms and Conditions Bonaire.
Terms & Conditions SAS Rentals (SAS Rentals B.V.)
Article 1: Conditions of the vehicle, repairs, fuel
1.1 The SAS Rentals will provide the Renter with a vehicle that meets the requirements to be imposed on it in reason. The SAS Rentals will inform the Renter about any already visible damage to the vehicle. The Renter must inspect the vehicle when it is made available and if he observes additional visible damage, he must communicate it to SAS Rentals in writing at the time of acceptance of the vehicle in conformity with the SAS Rentals’ checklist. New visible damage that has not been communicated by the Renter to SAS Rentals will be deemed to have been caused by the Renter and the Renter will be liable for it. Damages shall be calculated after the Renter returns the vehicle. An administrative fee to handle the damage calculation and to repair the damages shall be charged on top of the amount that you will be charged for due to the damages and will be withheld from your own risk deposit.
1.2 The Renter will treat the vehicle with care and as a good Renter and will comply with all relevant regulations and technical requirements for its use, in particular check regularly that the engine oil level and other fluids and tire pressure are sufficient and observe when maintenance is necessary, inform the SAS Rentals accordingly, and check regularly that the vehicle is in a roadworthy condition and always lock the vehicle well. Smoking is not allowed in SAS Rentals’ vehicles.
1.3 The vehicle shall be handed over to the Renter with a full tank of fuel. Correspondingly, the Renter must return the vehicle at the end of the rental period with a full tank of fuel. If the vehicle is not returned fully tanked, SAS Rentals shall charge the Renter the fees for filling the vehicle and fuel in accordance with the rates applicable at the time of rental, unless the Renter proves that no or significantly lower costs for filling incurred.
1.4 The vehicle shall be handed over clean to the Renter. Correspondingly, the Renter must return the vehicle cleaned at the end of the rental period. If the vehicle is not returned cleaned, SAS Rentals is not able to properly conduct a damage check to the car. Possible damages shall be communicated via email and whatsapp to the Renter after the vehicle is cleaned. If the Renter is liable, SAS Rentals shall withhold the fee to restore the damages on the car from the deposit.
1.5 With rentals having a term of more than 27 days the Renter must bear the cost of procuring replenishment liquids (particularly engine oil, windscreen cleaner as well as antifreeze) up to an amount of 8% of the respective month’s (net) rental fee in the event that said liquids need to be replenished during the rental period.
Article 2: Reservations, bookings made at prepaid rates
2.1Reservations are only binding for price-groups, not for vehicle types. If the Renter has not collected the vehicle by no later than 2 hours after the agreed time, there shall no longer be a binding reservation.
2.2 There is no right of revocation for bookings made exclusively by means of telecommunication (e.g. via a homepage, email, telephone, etc.) or outside of business premises.
2.3 Any prepayment already made towards the rental shall not be refunded; nor shall any differential amount be refunded when changing a booking. The Renter can also cancel a booking before the pick-up time stated in the reservation. In the event of cancellation, the prepayment shall not be refunded if the prepayment does not exceed the rental charge of three rental days (including any extras and charges according to Article 4.), unless the Renter proves that for cancellation no or significantly lower costs incurred in course of cancellation at SAS Rentals. The portion of the prepayment that exceeds the rental charge of three rental days including any extras and charges shall be refunded within ten working days of the cancellation. Cancellations can be made by means of telecommunication (e.g. via a homepage, email, telephone). In the event that the booked vehicle is not collected or not collected within two hours after the agreed time the rental charge already paid shall be withheld in full, unless the Renter proves that no or significantly lower costs were incurred by SAS Rentals due to no collection.
Article 3: Documents to be produced when collecting the vehicle, authorized drivers, permitted drivers, travel abroad.
3.1 During handover of the vehicle, the Renter must provide an identity card or passport, a valid driving license necessary for driving the vehicle, as well as a form of payment valid for at least 30 days from the return of the vehicle and accepted by SAS Rentals. If the Renter is unable to produce said documents when the vehicle is handed over, SAS Rentals will cancel the rental contract; in any such cases the Renter shall have no claim for non-performance. In addition, age and driving license restrictions apply to certain vehicle groups. These restrictions can be viewed on the SAS Rentals website, and/or can be requested by telephone.
3.2 If SAS Rentals has doubts about the Renter’s identity, the validity of his / her driving license or his / her creditworthiness, SAS Rentals is entitled to withhold vehicle handover until the existing doubts about identity, driving license and creditworthiness have been clarified by the hirer to SAS Rentals’ satisfaction.
3.3 The vehicle may be driven only by the drivers named in the rental contract. If the vehicle is to be driven by persons other than the above-named persons an additional charge shall be charged for each additional driver. When the vehicle is collected the original driving licenses of any additional drivers must be presented.
3.4 The vehicle may be used only on public roads, but not for driving school practice. The vehicle may not be used:
3.4.1 for motor sport purposes, in particular driving events where the important thing is to achieve maximum speeds, or for any associated practice drives,
3.4.2 for vehicle tests or for safety driving training, on racetracks (circuits),
3.4.3 for the commercial transportation of persons,
3.4.4 for renting to sublessees,
3.4.5 for committing criminal offences, even if said offences are punishable only under the law of the place where the offence is committed,
3.4.6 for transporting easily inflammable, toxic or other hazardous substances.
3.5 The Renter is obliged to properly secure any goods carried.
3.6 Any violation or non-performance of a provision under sub-clauses 1, 2, 3, 5 or 7 above shall entitle SAS Rentals to terminate the rental agreement without notice or to rescind the rental agreement.
Article 4: Rental charge
4.1 If the rental is extended or reduced by mutual agreement any modification of the rental price and/or the incurrence of other fees shall remain unaffected.
Article 5: Due date, electronic invoicing, payment terms, security (deposit), termination without notice because of default of payment, personal accident protection
5.1 The rental charge (plus any other charges agreed such as, e.g. exemptions from liability, delivery charges, airport charges, etc.) plus value added tax in the statutory amount applicable from time to time must, as a matter of principle, be paid in full for the agreed rental period, i.e. if the vehicle is collected late or returned early there shall be no refund. The rental charge shall be due at the beginning of the rental period, or in the case of bookings made at the prepaid rates already at the time of concluding the booking. If the rental period is more than 27 days, the rent is to be paid in advance for periods of 28 days. If the rental period ends before the additional 28-day period has elapsed, the remaining amount due since the last invoice shall be paid when the rental is terminated.
5.2 The Renter is obliged to pay a deposit in addition to the rental price at the beginning of the rental period as security for the fulfilment of his obligations.
5.3 The deposit will be charged on the payment method offered by SAS Rentals, possibly in cash, the credit card, payment card or Maestro card. SAS Rentals may reserve an amount on the Renter’s credit card for the deposit. This reservation will never last longer than necessary for the relevant rental agreement.
5.4 Unless otherwise agreed, the rent and all other agreed costs will be charged in the manner of payment offered by SAS Rentals.
Article 6: Insurance
6.1 The insurance cover for the rented vehicle is a third-party liability insurance with a maximum limit of liability of $83.000.00
6.2 The Renter/driver is obliged to prevent and mitigate the damage as much as possible in the event of an accident. Where reasonable, the Renter must follow the instructions of SAS Rentals and support the assessment and settlement of the damage
Article 7: Accidents, theft, obligation to notify
7.1 After an accident, theft, fire, damage by wild animals or other damage, the Renter or the driver must without undue delay notify and call in the police; in particular, the Renter or driver must report the damage to the nearest police station if the police cannot be reached by telephone. This also applies if the rental vehicle was damaged only slightly and also in the case of accidents, which are the driver’s own fault without third parties being involved.
7.2 If ever the vehicle is damaged during the rental period the Renter is obliged to notify SAS Rentals in writing and without undue delay of all of the details of the incident which led to the vehicle being damaged. This shall also apply in the event of theft of the vehicle or stolen vehicle parts. For this purpose the Renter should complete all of the points on the form for reporting an accident, which can be found with the vehicle papers, carefully and truthfully. The form can also be requested from SAS Rentals at any time by telephone.
7.3 The Renter or driver must take all measures, which are expedient or conducive to clearing up the case of damage. This particularly includes them having to answer the SAS Rentals questions concerning the circumstances of the case of damage truthfully and fully and them not being permitted to leave the scene of the accident until it has been possible to make the necessary findings and particularly the findings that are of importance to SAS Rentals for assessing the damaging event or without allowing SAS Rentals to make such findings.
Article 8: SAS Rentals Liability
8.1 The liability of the Renter is limited to the direct damage and the damage as a result of the intent or the gross negligence of its management. Only in case and insofar as the above exclusion is legally not permissible, the liability of SAS Rentals is limited to the amount of the rental agreement in the month the damage occurred. Only in case and insofar as the above exclusions are legally not permissible, the liability of SAS Rentals is limited to the amount (excluding VAT) that its insurance company pays out in the case concerned. If requested, information on the content of the policy conditions shall be provided.
8.2 SAS Rentals is not liable for goods that are left behind by the Renter or third parties when the vehicle is returned to the rental office; this does not apply in the event of willfulness or gross negligence of SAS Rentals.
Article 9: Renter Liability
9.1 In the event of damage to the vehicle, loss of the vehicle or breach of the rental contract, the Renter shall be liable, in principle, in accordance with the general rules governing liability. In particular, the Renter must return the vehicle in the condition in which he took possession of it. The Renter is liable to SAS Rentals for all damage resulting from any occurrence during the rental period and all damage that is related to the rental of the vehicle in any way, subject to the below.
9.2 The Renter shall be liable without limitation for all traffic and administrative offences, all breaches of legal provisions as well as for any interference with possession committed by him or third parties to whom the Renter has left the car. The Renter shall indemnify SAS Rentals against any and all penalty and warning fines, fees and other costs, levied by the authorities because of any such breaches. As compensation for SAS Rentals administrative costs incurred in handling enquiries put to it by the prosecution authorities or other third parties in order to investigate administrative offences, criminal offences or any nuisance committed during the rental period, a flat-rate fee for each such inquiry shall be paid and will be charged to the Renter’s credit card (if available) or will be invoiced to him/her, unless the Renter proves that SAS Rentals incurred no or significantly lower expense and/or damage without prejudice to the right of SAS Rentals to claim greater damages or loss.
9.3 An accident is defined as a sudden event with mechanical force which affects the exterior of the vehicle. Damage due to braking, usage, and simple breakage shall not be considered accidental damage; this applies, in particular, to damage caused by e.g. slipping loads, incorrect refueling, damage caused by wiring, twisting damage, mishandling, overloading the vehicle, as well as damage between towing and towed vehicle or trailer without an external impact.
Article 10: Return of the vehicle, data in navigation and communication systems, vehicle swap
10.1 The rental contract shall end upon the expiry of the agreed rental term. If the Renter continues to use the vehicle after expiry of the agreed rental term, the rental shall not be deemed to have been extended. Art. 7:230 Dutch Civil Code does not apply. Subject to the above, until the vehicle is back in the possession of the lessor all obligations of the Renter shall remain in effect, the vehicle and the use of the vehicle remains in the scope of risk of the Renter and the Renter remains fully liable for all damages and costs related to the vehicle.
10.2 The Renter is obliged to return the vehicle to SAS Rentals at the agreed location and at the agreed return time at the end of the rental period in the condition stipulated in the contract. In the event of excessive soiling of the vehicle, which requires special cleaning of the vehicle, or if the vehicle is returned with an odor impairment, the Renter shall pay damages to SAS Rentals. Special cleaning costs shall be charged on the basis of time and material consumed, but with a minimum special lump sum for cleaning, unless the Renter proves that SAS Rentals has no or significantly less damage.
10.3 As a result of using a navigation device, the navigation data entered during the rental period can be stored in the vehicle, if necessary. When coupling mobile phones or other devices with the vehicle, data from these devices may also be stored in the vehicle. If the Renter/driver wishes the aforementioned data to no longer be stored in the vehicle after the vehicle has been returned, he must ensure that it is deleted before the vehicle is returned. Deletion may be affected by resetting the navigation and communication systems of the vehicle to the factory settings. Instructions can be found in the operating instructions in the glove compartment. SAS Rentals is not obliged to delete the aforementioned data.
10.4 If the Renter does not return the vehicle or the vehicle key (even if not at fault) to SAS Rentals at the end of the agreed rental period, SAS Rentals shall be entitled to demand a compensation equal, at least, to the previously agreed rental rate for the duration of the withholding. In addition, the Renter shall be obliged to pay a flat-rate administrative charge as compensation for the associated processing costs, unless the Renter can prove that SAS Rentals incurred no or significantly less expenses and/or damages. The assertion of further damages is not excluded.
10.5 The Renter is obliged to return the vehicle to SAS Rentals when instructed even during the rental period, if a valid reason exists for this. Valid reasons are, in particular, the performance of inspection, maintenance or repair work, a manufacturer recall, reaching a certain mileage or a certain holding period.
Article 11: Termination
11.1 The parties shall be entitled to terminate the rental contract immediately for special cause without notice. Such cause shall be deemed to include in particular:
Causing willful damage to a rental vehicle,
Culpably concealing or trying to conceal damages to rental vehicles,
Causing willful damage to SAS Rentals,
If the Renter is in arrears with his payments of at least one week’s rental by more than five working days from the due date,
If the Renter uses a rental vehicle for or in conjunction with criminal actions.
Article 12: Bonaire national marine park
12.1 The renter is not allowed to drive on unpaved roads, nor in the National Park, unless he has rented a pick-up truck. In case of a mechanical or any other problem caused by the renter in the National Park and a tow truck or support is needed US $250.00 will be charged.
Damage to cars due to driving on unpaved roads is not covered by the insurance. If cars are found to have been used in the National Park, Sas Rentals shall have the right to charge the renter a fine of US$ 250.00 The renter himself shall be responsible for salvaging the car, if this should be necessary, and any and all expenses involved therewith shall be for his account. Sas Rentals is not in any way obligated to provide assistance in such cases.
Article 13 Written form, settlement of disputes, place of jurisdiction.
13.1 There are no verbal side agreements
13.2 Dutch law is applicable to all legal relations between parties
13.3 The place of jurisdiction is Bonaire.