TERMS & CONDITIONS
These terms and conditions are valid between the Aruban limited liability company SAL ARUBA CAR RENTAL, hereinafter to be referred to as “SAL ARUBA CAR RENTAL”, and the Customer, according to the Car Rental Agreement as agreed between the SAL ARUBA CAR RENTAL and the Customer and forms an integral part thereof.
SAL ARUBA CAR RENTAL
- Saliña Cerca 9P, Noord, Aruba
- Website: www.salarubacarrental.com
- E-mail: info@salarubacarrental.com
- Phone / Whatsapp: (+297) 5635199
Article 1 Start and extension of the agreement
The Customer must be at least 23 years old. The rental starts and terminates on the date and the point in time as stated on the rental agreement. The customer is obligated to return the motor vehicle he/she has rented in good condition, together with the thereto pertinent documents, tools and spare tire, in the same good condition as received; normal wear and tear expected. An extension of the rental agreement shall only be possible with consent of the Company, and a renewed rental agreement has been paid for signed by the costumer, at the rate then in effect. For each hour or part of an hour that the Customer is in default of doing so, he/she shall owe to the Company the rental price per hour of US$.10, = per hour, for the first three (3) hours. After that one full day of rent will be charged.
Article 2 Entitlement to drive the rented motor vehicle
The Customer and any additional driver(s)” only, as specifically mentioned in the rental agreement, are authorized to drive the rented motor vehicle. The Customer and any additional driver(s) must be in the possession of a valid driver license. Both the Customer and the additional driver are separately as well as collectively liable towards the Company for any damage to and costs in reference to rented the motor vehicle, which is not covered by the applicable insurance. In any event of a traffic accident whereby the driver of the rented motor vehicle is not the Customer or additional driver(s), the insurance becomes invalid and the Customer will be held fully responsible for all direct and indirect damages/losses.
Article 3 Condition upon receipt of the rented motor vehicle
The Customer confirms that he/she has received the rented motor vehicle, as described in the rental agreement, in good condition from the Company. The Customer is obligated to return the rented motor vehicle in the same good condition to the Company at the end of the rental agreement. The rented motor vehicle is delivered with a full tank of gasoline and must be returned with the same quantity of gasoline. In case the rented motor vehicle is returned by the Customer with less gasoline, than the Company shall charge the Customer an amount according to the difference in gasoline, as to be determined by the Company. In the event the rented motor vehicle is delivered to the Customer with less than a full tank, the Customer must return the rented motor vehicle with the same amount of gasoline, as appears on the fuel gauge. If the rented motor vehicle is returned with more than the indicated amount of gasoline, the additional gasoline is non-refundable
Article 4 Manner of use of the rented motor vehicle
The Customer is obligated to use the rented motor vehicle in a judicious and reasonable manner. The Customer is obligated to stop the engine of the motor vehicle immediately in the event that a dashboard warning light goes on or the engine temperature indicator shows too high an engine temperature and inform the Company immediately. In the event of long-term rental the Customer must see to it that the rented motor vehicle is serviced in accordance to the maintenance and service specifications.
Article 5 Hold harmless clause
The Customer holds the Company harmless against any and all damage inflicted to passengers or third parties, for which the Company might be liable on the ground of any stipulation of law, insofar as such damage is not at all and/or not sufficiently covered by the insurance referred to hereinafter. The Customer further holds the Company harmless against any and all fines, that might be imposed upon the Company by reason of traffic or other violations and punishable acts committed during the rental period by the Customer and/or passenger.
Article 6 Third party insurance
The Customer hereby confirms that he/she is fully aware of the fact that with respect to the rented motor vehicle no other insurance has been contracted than an insurance against liability towards third parties (or burglary) which has an own risk of US $500, - exceeding $86.000, = and vandalism which own risk will be for full account of the customer. The Customer is fully liable for all the damages of any nature if the rented motor vehicle is operated in violation of any provision of this rental agreement. Insurance charges are mandatory. The Customer confirms that he/she will abide by the conditions of the policy, which reference in full is here being made and which are deemed to have been inserted here and form an integral part of the present agreement.
Article 7 Collision Damage Waiver
The Customer has the option to purchase a Collision Damage Waiver insurance with the Company. In such event the Company assumes responsibility for collision damage caused tot the rented motor vehicle and loss of use of the rented motor vehicle. The Collision Damage Waiver carries an own risk of US $500,- to be borne by the Customer. The Collision Damage Waiver only covers damages caused to the rented motor vehicle due to a collision with another vehicle. The Collision Damage Waiver does not cover damages caused by the vehicle by operating the vehicle in a grossly negligent manner, for example driving while intoxicated or if in violation of Aruban criminal and motor vehicle statutes. The Collision Damage Waiver insurance also does not cover damages caused where the Customer is prohibited to drive the rented motor vehicle, such as in Arikok Natural Park. When the Collision Damage Waiver insurance is not purchased, the customer automatically assumes the cost of all damages to the vehicle caused by a collision, as the Customer is only indemnified for damages caused to third parties under the policy referred to in article 6, while operating the rented motor vehicle. It is hereby emphasized that the Collision Damage Waiver is not an all risk insurance.
Article 8 Liability for injury
The Customer confirms to be fully aware of the risk of damages entailed with the operation of a motor vehicle, and the risk and/or dangers entailed by participating in traffic. The Company shall not in any way be liable for damage, harm, injury or death caused to third parties by proper or improper use of the rented motor vehicle. The Company is not any way liable for damage, harm, injury or death caused to the customer, additional driver or passengers by proper or improper use of the rented motor vehicle.
Article 9 Liability for property stored in the rented motor vehicle
The Company is not responsible or liable for any loss or damage to any property of the Customer and/or passengers, left in, stored in or transported at any time using or with the rented motor vehicle, either before or after the return thereof to the Company, whether or not said loss or damage was caused by or related to the negligence of the Company’s employees. The Customer hereby assumes all risk relating to the above incidents of loss or damage and waives all claims against the Company by reason thereof, and hereby agrees to hold harmless and to defend and indemnify the Company against all claims based upon or arising out of the loss or damage referred to therein.
Article 10 Accident reporting
The Customer shall immediately report any accident whereby the rented motor vehicle is involved, to the Police and to the Company and shall deliver to the Company or its insurers if so wanted by the Company, every process, pleading notice or paper of any kind received by the Customer or any driver of the rented motor vehicle relating to any claim, suit or proceeding connected with any accident or event involving the rented motor vehicle. Neither the Customer nor any driver of the rented motor vehicle shall aid or abet the assertion of any such claim, suit or proceeding and shall cooperate fully with the Company and its insurer in investigating and defending the same.
Article 11 Right to promptly terminate the rental agreement
The Company has the right to terminate this rental agreement at any time with immediate effect, and to take back the rented motor vehicle wherever it may be, in the event that the Customer is not in compliance with the provisions of these terms and condition, The Company shall in that event not be obligated to make a refund and/or pay any indemnification to the Customer.
Article 12 Collection fee, administration fee and interest
In the event that the Customer fails to make prompt payment of any kind to the Company for services rendered or damage caused to a vehicle or to the Company, the Customer agrees to pay a collection fee equal to 15% of the owned amount, to be paid separately. The Company will also charge the Customer a monthly administration fee of 2%, and a yearly interest of 18% in addition to the 15% collection charges.
Article 13 Credit Card charge authorization
In the event of damage caused to the rented motor vehicle, or any other costs of any kind caused by the Customer to the Company, the Customer hereby declares that the Company is empowered and authorized to charge these damages to the Customer’s credit card, as registered with the Company. The Customer further declares that he is fully aware of the fact that the empowerment and authorization as given to the Company in this provision is irrevocable.
Article 14 Cleaning fee
The Customer agrees to return the rented motor vehicle in the same condition as when it was picked-up and received by the Customer. In the event that the rented motor vehicle is not returned in such condition, the Customer will be charged a cleaning fee. Such cleaning fee shall be charged when the rented motor vehicle is returned with excessive sand on the carpets and/or the seat, with trash, dirt food and other disposable items, with cigarette or cigar smell or with cigarette or cigar burns. The cleaning fee shall be determined according to the cleaning to be performed. The Customer hereby irrevocably authorizes the Company to charge the Customer’s credit card as registered with the Company.
Article 15 Applicable law and jurisdiction
Aruban law is applicable on all disputes arising out of these terms and conditions and the rental agreement, with the Court of First Instance of Aruba being the exclusive appointed forum to decide on any dispute.
- ONLY 4X4 VEHICLES ARE ALLOWED TO ENTER THE ARIKOK NATIONAL PARK. YOU ARE ONLY ALLOWED TO DRIVE ON FLAT DIRT ROADS. YOU ARE NOT ALLOWED TO GO DOWN BY THE NATURAL POOL. ANY OTHER VEHICLES ARE PROHIBITED TO ENTER THE NATIONAL PARK OR DRIVE ON THE NORTH SIDE OF THE ISLAND.
- WHEN RAINING OR IT HAS RAINED PLEASE DRIVE CAREFULLY WHEN APPROACHING ANY WATER PUDDLES OR POTHOLES.
- ARUBAN LAW PROHIBITS DRIVING ON SAND DUNES AND BEACHES.
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