General Terms & Conditions

GENERAL TERMS & CONDITIONS MARVIE CAR RENTAL

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Article 1.

- These General Terms and Conditions are part of the rental agreement between Marvie Car Rental as the lessor and you as the vehicle's lessee.

- Changes to this agreement are only valid if signed by both the lessee and Marvie Car Rental.

- This agreement's "car report" containing further details in connection with the vehicle ( and its physical condition ), the rental period, rental fee, insurance options, etc. is part of the lease contract.

- For the purpose of this agreement, "vehicle" refers to any car, van, truck, pick-up truck or other vehicle as specified in the rental agreement, and also includes any wheels, tools, equipment, accessories and vehicle documents.

-The rental fee does not include fuel. Vehicle must be returned with the same level of fuel as at pickup If at the time it is returned, a vehicle's fuel-gauge is not at the initial level, the lessee will be charged an additional $25 fuel surchargeand will not be able to claim restitution for any excess fuel purchased

- The lessee must ascertain in advance what type of fuel should be used. Marvie Car Rental will not be liable to the lessee for any damage due to the use of fuel that is unsuitable for the rented vehicle. The lessee will be fully liable for any damage to the vehicle's engine in case the wrong fuel is used.

- A sum of USD 280 (USD 200 with an all-risk insurance) will be charged if the key stops functioning after having come in contact with water

- Vehicles are rented out only to persons who have had a valid driver’s license for at least 2 years

- The minimum rental age is 23. The minimum age for additional drivers is also 23.

 

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Article 2.

- The rental agreement is entered into for the period and fee as stated on the rental agreement or as otherwise agreed in writing. No restitution of the rental fee is possible if, for any reason, the vehicle is returned before the agreed return date. In case the lessor has given his permission to return the vehicle at a later time, the lessee shall remain liable for any damage to or caused with the vehicle up to the moment when the lessor actually receives the vehicle in return and either inspects or has it inspected

- The lessee must inspect the vehicle at the time the rental agreement enters into effect and immediately notify Marvie Car Rental of any damage and/or defects discovered. A report shall be drawn up of any such damage and/or defects. Said notification cannot be made at a later time. Any unreported damage and/or defects will be attributed to the lessee.

- If the lessee wishes to extend the rental period, such an extension must be agreed with Marvie Car Rental in writing. The rental period thus extended shall remain subject to these General Terms and Conditions. Any and all car insurance policies applicable to the rented vehicle during the previous rental period will be mandatorily and automatically renewed for the extended rental period.

- If, without having entered into any agreement with Marvie Car Rental to that effect, the vehicle is not returned to the lessor within the time agreed, Marvie Car Rental will be entitled to take the vehicle back into its possession immediately, in which case the fee as referred to in the following item will be payable by the lessee, up to and including the time that the vehicle returns into the possession of Marvie Car Rental. Any and all car insurance policies applicable to the rented vehicle during the agreed rental period shall be mandatorily and automatically renewed for the period until the vehicle has returned into the possession of the lessor.

- If the rental car is returned later time than stated in the rental agreement, the lessee will be charged an additional USD 10.00 per hour, plus the insurance amount if the lessee had taken out insurance for the vehicle’s rental period up to that point

- The vehicle shall be returned in good condition, at the time and place as stated in the “auto report.”

- Smoking in the vehicle is not allowed. A USD 195.00 cleaning fee will be charged if smoking inside the vehicle is detected.

- Upon its return, the vehicle will be inspected by Marvie Car Rental. A report will then be drawn up of any damage/deficiencies found, and the damages will be settled with the lessee.

 

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Article 3.

– The car comes with a standard third-party liability insurance, which covers damages to third parties with a USD 400.00 deductible. Any damage to the rented vehicle is for account of the lessee.

 – With an additional payment of $ 7 per day or part thereof depending on the discount percentage of the number of days rented, you can buy off the deductible for the All-Risk insurance. . For All Risk, the deductible amount is USD 400.00 per claim. 

 - No deposit is required.

 - The lessee is fully liable for any damages not covered by the insurance.

- In case of damage, the vehicle may not be moved and the lessee must contact Forensys by calling telephone number 199. An official Forensys report of the accident must be provided to Marvie Car Rental. If said report cannot be provided, the lessee will be fully liable for the damage caused in connection with the accident.

 - If, in accordance with Marvie Car Rental’s General Terms and Conditions, the lessee is fully liable, the lessee will be charged in full for the damage to the rented property and by the rented-out property. The deductible will not apply if the damage is not due to the lessee’s intent or fault and can be recovered from the other party. The lessee will be held liable and charged for the damage until said damage has been recovered from an identifiable other party. Restitution of the costs to the lessee may only take place once the damage has been recovered from the other party in full.

- Marvie Car Rental may make interim modifications to the insurance terms and conditions from time to time. In such cases, Marvie Car Rental will display a clear notification of such changes at its front desk.

- The third-party insurance does not cover burglary and theft. These are fully at the lessee’s expense. The lessee must in both cases file a report with the police. The police report must be presented to Marvie Car Rental immediately.

 An insurance entered into will not be valid if it turns out that:

*           the driver is not yet 23 years old

*           the driver’s license is not valid or has been revoked

*           the rental car is driven over unpaved road

*           the driver is under the influence of a narcotic substance, such as alcohol, drugs and/or medications.

In any of the above cases, the damages will be fully for the account of the lessee.

 

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Article 4.

- The rental sum to be paid is charged at the time the vehicle is picked up. Payments can be made by credit card (+5%), debit card or cash: US$ , Euro's or Nafl. The accepted credit cards are MasterCard and Visa (+5%)

 

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Article 5.

- The lessee must and also undertakes to pay all costs due before leaving Curaçao. If necessary, the lessee will be charged any (extra)judicial collection and interest costs, with a minimum of 15%, as well as any legal expenses.

 

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Article 6.

- Only the vehicle’s lessee, as mentioned in the rental agreement, and any persons mentioned in the rental agreement as the “additional driver” or “second driver” are permitted to drive the vehicle. No surcharge is charged to designate such persons as “additional drivers” in the rental agreement.

- Any damage caused by an “additional driver” will in all cases be charged to the main contracting party: the lessee.

- If the lessee authorizes any other driver not mentioned in the rental agreement to drive or move the vehicle, or is negligent in preventing a third party from driving or moving the vehicle, the lessee will be held fully liable for any and all damage to the rented vehicle, its occupants or any third party. In such a case, the lessee will no longer be able to claim any insurance entered into.

- The lessee must ensure that the vehicle’s keys are not handed over to any person other than the “additional driver” mentioned in the agreement and acknowledged by Marvie Car Rental.

- The lessee may not drive the vehicle on unpaved roads unless the vehicle is a pick-up truck, and in the latter case, exclusively in order to reach or return from a dive site for diving purposes, doing so using the shortest route between the public road and said dive site.

- Damage to the car due to driving on unpaved roads is not covered by the insurance, leaving the lessee fully liable. The lessee, of course, will be responsible for the vehicle’s retrieval if necessary and will bear any ensuing costs. Marvie Car Rental has no obligation to provide you with any assistance in this regard.

- The lessee is fully liable for any damage caused to or by the vehicle as a result of driving under the influence of alcohol, drugs or medication.

- In case of any misrepresentation regarding the validity of the driver’s license, or in case the driver’s license is revoked, any damage caused to or by the vehicle will not be covered by the insurance and will be fully charged to the lessee.

- The lessee is fully liable for any fines and expenses arising from parking or traffic violations or any other offenses committed during the rental period.

- Any repairs must be previously authorized by the lessor. If repairs are carried out without the lessor’s prior authorization, any additional costs incurred for repairs by the mechanic shop of our choosing will be charged to the lessee.

- The vehicle may not be used to transport passengers or goods for a fee, or to tow or push any other vehicles. Violations of this prohibition will render the lessee fully liable for any loss or damage to passengers, goods or to the vehicle.

The vehicle may not be overloaded and must be used with due care. It is not allowed to carry more passengers, including the driver, than the number of seats in the vehicle.

- Flat tires must be repaired or replaced immediately. The lessee is fully liable for any damage caused by failing to do so. The cost of repairing flat tires is for the account of the lessor, also if the tire cannot be repaired and needs to be replaced. The lessee must contact the lessor for this purpose. If the lessee is far from our office, he or she must have any flat tires immediately repaired or replaced. The lessor will reimburse the repair/replacement of the flat tire to the lessee on presentation of the invoice for the repair/replacement. However, if—at the lessor’s exclusive discretion—it is considered that the flat tire was caused by the lessee’s driving behavior, the repair/replacement costs will be for the account of the lessee.

- The lessee may not use the vehicle to participate in any test, race or contest. Any violation of this provision will render the lessee fully liable for any ensuing damage.

 

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Article 7.

- Marvie Car Rental is not liable for the loss of any personal belongings, goods or luggage, either of the lessee, of another authorized driver or of other users. Such losses are not covered by the insurance.

 

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Article 8.

- Marvie Car Rental is authorized to take the vehicle back into its possession before the end of the rental agreement, without notice of default or judicial intervention and without prejudice to its right to compensation of costs and damages, if it becomes apparent that the purpose for renting or obtaining the vehicle was misrepresented in such a way that, had Marvie Car Rental been aware of such misrepresentation, it would not have entered into the rental agreement, such as if the vehicle was used to commit a law violation, if it was clearly abandoned or if the lessee otherwise violated any other article of this rental agreement.

- In case of any disagreements on the interpretation of the English text or Spanish text of this agreement, the Dutch version will prevail.

 

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Article 9.

- If any provision(s) of this agreement is/are declared null, annullable or invalid, that will not affect the applicability and validity of the other provisions.

 

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Article 10.

- This rental agreement is subject to the laws of the Netherlands Antilles. Any disputes will be settled by the competent court in Curaçao.