Terms & Agreement
Terms & Condition
The car tenant (renter) declares that he agrees with the general terms and conditions of ES Car Rental.
•car rental company in terms and conditions is ES Car Rental.
Article 1: General rental information
The renter and the second driver described in the rental contract must be 21 years or older and have a valid driver’s license. Only the renter and, if indicated, a second driver may drive the car, additional drivers are not
permitted.
In the event of an accident, arrest or violations, where it is concluded that there is a driver other than the one described in the rental contract, all resulting costs are borne by the renter. No claim can be made against the
insurance or the rental company.
Article 2: Use of the car
The rental car is for private use only It is not permitted to sublet the car or transfer the contract
It is not permitted to use the car as a taxi, freight transport and/or lesson car. The renter must handle the vehicle as a good renter should and ensure that the vehicle is returned in its original condition.
The renter may not drive the vehicle on a circuit, or an area for which the vehicle is not suitable, or an area where the renter or driver has been informed that entry is at his own risk. Smoking in the car is not allowed; We reserve the right to withhold or charge a cleaning fee of $200 as soon as we notice that somebody smoked in the
car.
The car may not carry more passengers than there are seats/belts.
Article 3 Fuel
Return of the vehicle with the same fuel level: We will provide you with a vehicle with a full tank of fuel at a specific fuel level as stated in the Rental Agreement. You return the vehicle with an identical fuel level.
3.1 Return of the vehicle with a different fuel tank level than the fuel tank level stated at pick-up (fuel costs):
If the vehicle is not returned with the same fuel level as that declared at pick-up, you will be charged the cost of the missing fuel plus refueling costs The renter is responsible for checking what fuel goes into the car (This is
indicated in the papers). If damage occurs after filling up with the wrong fuel, the renter is liable for the damage caused.
Article 4 Vehicle inspection
Restrictions on use: The vehicle may only be used on normal asphalt roads. Off-road use is prohibited with the exception of Cas About Shete boka and Cristoffel national park Off-road spots such as San Pedro & round cliff are not allowed, if this is the case, the contract can be immediately terminated without refund of deposit
and remaining payment.
Article S Child seat
Do you have a child who needs a child seat in the car? No problem! When you rent a car, you can also reserve a child seat. The child seat is an accessory that you must reserve in advance. The renter must install the child seat himself/herself As a car rental company, we cannot be held liable in any way for any
consequences of an incorrectly installed car seat or the child seat itself.
Article 6 Cancellation
Termination of the rental agreement is assessed by us on a case-by-case basis. In case of cancellation the following rules apply.
- If you cancel the rental agreement 30 days or more before the reserved date, you will receive of the amount back.
- If you cancel the rental agreement 30 to IS days before the reserved date, you will receive of the amount back.
- If you cancel the rental agreement IS to 7 days before the reserved date, you will receive 2S% of the amount back.
- Cancellation of the rental agreement within 7 days before the reserved date is not possible
Article 7 Inspection of the car
Please inspect the car upon delivery. If you see damage or defects that are not indicated in the rental contract, you must contact us immediately the same day. If you do not do this and later report damage or defects, we will recover this from you. The car must be returned in the same condition as we delivered the car to you. We check the car after delivery. In the event of damage and/or defects outside the damage/defects indicated on the form, we will hold you liable and will pass on the costs for repairs to the tenant (renter). If we receive the car back from the renter , heavily soiled, we will invoice you (renter) for the cleaning costs of S25O.
Article 8 What to do in the event of an accident
Unfortunately, accidents can always happen. The renter is obliged to immediately inform E.S Car rental of any damage or accident; If an accident has happened, the most important thing is: DO NOT MOVE THE CAR!
Whatever you do, as soon as you move the car the insurance expires and you are fully liable.
Even if you are standing perpendicular to the road donot move the car after an accident!
In the event of an accident, always call Curagao Road Service (CRS) first on telephone number 9233 or (00599) 9 7671610. They will record the damage before it goes to the insurance company. Also call the car rental company immediately. The car rental company must be notified immediately in the event of an accident. If a tow truck is needed, the car rental company will indicate the tow truck that should be used. As a tenant/renter, you are obliged to complete a damage form at the Curaçao Road Service (CRS) and hand it over to the car rental company the
same day.
If you do not contact CAS and/or do not hand over the form to the car rental company, you are fully liable for the damage.
•call the general emergency number (police) 911.
You can also call the ambulance service directly at number 912.
In case of accidents that do not require emergency care, contact the police
at 917.
In case of car trouble:
Contact the car rental company directly on the telephone number indicated on the rental agreement.
In case of theft:
Do not move the car and contact the rental company directly on the telephone number indicated on the rental agreement, police on 911 and politur (00599) 9 864 00 00 (Police for tourists)
Article 9 Malfunctions and repairs
In the event of a breakdown, the renter must immediately contact the car rental company for assistance. Repairs may only be carried out with the car rental company’s permission.
In the event of damage caused by continuing to drive with malfunctions/defects without notification from the tenant(renter), the tenant(renter) is fully liable. The tenant(renter) is obliged to inform the car rental company in the event of malfunctions/damage and defects. Damages resulting from failure to report on time are at the expense of the tenant(renter). This also applies, for example, to driving with a punctured or flat tire.
The renter is fully liable for damage caused by ignoring the warning lights and meters in the vehicle (dashboard).
Sanctions and costs:
Fines and fees may apply if the lease is violated. Such as smoking in the vehicle or returning the vehicle in extremely dirty condition. During the period that the renter has access to the vehicle, all costs
associated with the use of the vehicle, including but not limited to fuel, cleaning costs, tire repairs and parking costs, will be borne by the renter. The renter undertakes to pay or reimburse these costs to the car rental company
within the period set by the car rental company. If the tenant/renter has not transferred the (full) amount after the payment term for the costs has expired, he will owe contractual interest on the principal amount of per
month until the day of full payment.
Article 10 Burglaries or lost property
As a car rental company, we cannot be held liable in any way for burglary or lost items.
The renter is obliged to lock the car at all times while parking. The vehicle should never be left unattended if the vehicle is unlocked. The renter is liable for damage resulting from failure to lock the vehicle or damage resulting
because the renter visibly leaving valuables in the car.
The vehicle may not be parked in dark, unattended places. The tenant/renter is liable for all damage resulting from theft as well as all other damage caused or incurred to the rented car, regardless of whether the damage was caused by actions or omissions of the tenant or third parties.
In the event of damage, the car rental company must be informed at all times and a damage form must be completed by the Curaçao Road Service 099). The car may not be moved from the place where the accident
occurred.
If the above is not met, all rights to compensation from the insurer will lapse and the entire damage will be paid by the tenant/renter.
Article 11 Insurance
The cars of E.S Car Rental are insured with third party liability essential and extra Coverage.
The tenant agrees to this insurance coverage and the insurance conditions when entering into the rental agreement.
WA-essential and extra Covers your legal liability for damage, loss and/or injury resulting to a third party from the policyholder’s actions while using his/her vehicle.
In addition to your WA-Essential, you are insured up to a Max. from Naf. 30,000.00 for damage, losses and/or injuries caused by the error of an uninsured driver.
•The company will reimburse material damage to the policyholder’s motor vehicle insured under this insurance, up to a maximum of the amount stated in the policy, exclusively and insofar as this was caused by an uninsured
motor vehicle.
Within the context of this insurance, an uninsured motor vehicle is defined as a motor vehicle that, at the time of the damage-causing event:
- was not insured in accordance with the National Ordinance on Motor Vehicle Liability Insurance CLAM);
- was insured in accordance with the LAM, but the liability limits did not meet the stated obligations;
- was insured in accordance with the LAM, but the insurance company refuses to pay compensation for justified reasons;
- was insured in accordance with the LAM, but the insurance company did not pay her due to insolvency
can meet payment obligations; - (immediately) continued, so-called “hit and run-. An uninsured motor vehicle is never understood to mean a motor vehicle that:
- belongs to or is available for regular use by the policyholder; is owned by any government institution;
- is moved along caterpillar tracks;
- is primarily intended for carrying out work in any form;
The damage caused by the uninsured motor vehicle is only eligible for compensation under this insurance if and insofar as the damage:
a. was demonstrably caused by a collision with a motor vehicle and
b. can be blamed on the owner, holder and/or driver of the motor vehicle causing damage
c. can be recovered from the owner, holder and/or driver of the uninsured motor vehicle causing damage and
d. has been determined by an expert appointed by the company without the possibility of counter-expertise.
This coverage excludes damage caused by
- injury;
- loss and/or miss of income of any kind;
- a collision with an uninsured motor vehicle of which the driver was not entitled to use the vehicle
- a ‘hit and run’ event involving a motor vehicle of which the owner, keeper or driver cannot be identified The company will not compensate any damage if the damage has been repaired without:
a. that this has been determined by an expert to be appointed by the company and reported to the insurance company
b. permission from the insurance company.
The insurance expires immediately as soon as:
- There are drivers other than those described in the rental contract.
- The driver is under the influence of medication, alcohol or drugs.
- The driver does not have a valid driver’s license
- The driver uses a mobile phone while driving
- The driver started driving off-road If no coverage can be provided based on the policy conditions because the damage is attributable to you, the damage will be fully recovered from the tenant and the tenant agrees to compensate this damage by signing these general terms and conditions. This is the case, among other things, in the event of violation of traffic rules by the driver, irresponsible/reckless driving behavior, driving under the influence of alcohol, drugs or medication that affects driving behavior, etc.
Renting a car is at your own risk. The tenant is liable for any kind of damage to the tenant/third parties and goods during the rental period. As a car rental company, we cannot be held liable in any way for damage to
the renter/third parties and goods.
Article 12 Key /Remote
If a key is lost/damaged or water damaged, an amount of $250 must be paid. The key/remote is functioning at the time of delivery. The tenant is not liable if the key does not function due to normal wear and tear or if the battery is empty.
Article 13 Vehicle Security Tracking System
In our commitment to providing a secure and reliable car rental experience, E.S Car Rental Curacao utilizes advanced security technology to protect both our vehicles and our valued customers As part of our security measures, we employ Apple tracking devices to enhance theft prevention and vehicle
recovery efforts. The primary purpose of utilizing Apple trackers is to enhance the security of
our rental vehicles protect against theft, and expedite the recovery process in the unfortunate event of a theft.
The Apple trackers may collect and transmit location data for the sole purpose of vehicle security. This information will only be accessed in the event of a reported theft or suspected unauthorized use of the rental vehicle.
Rest assured, customer privacy is of utmost importance to us. The collected data is solely used for security purposes, and under no circumstances will it be shared or used for any other purpose. In the event of suspected theft, unauthorized use, or any concerns related to the vehicle’s security. please promptly notify E-S Car Rental Curaçao Any attempt to tamper, remove, or disable the Apple tracker is strictly prohibited and may result in additional charges, fees, and legal action.
Article 14 Deposit
At the conclusion of the lease, the tenant pays a deposit of SSOO. (unless otherwise agreed) which, provided there is no damage, will be reimbursed by the the car rental company. The deposit can be paid in cash or by bank transfer. The car rental company is entitled to offset the amount of any damages against the deposit. If it appears that there is no damage to the rented car and the fuel level is as in this agreement, the tenant will receive the full deposit back in cash or by bank transfer.
Article 15 Termination of rental agreement
•e upon termination of the rental agreement, the renter is obliged to return the vehicle to the location indicated by the rental company. The renter is obliged to deliver the vehicle in the condition in which the vehicle was when
entering into this rental agreement The car rental company reserves the right to terminate the rental agreement
at any time and without judicial intervention The renter accepts the condition of the vehicle at the time he signs the rental agreement If the renter returns the car too late (later than the agreed time), we have the right to immediately take back the rental car. If you return it late, we will charge an amount per hour. After 3 hours we will charge extra day(s). If the vehicle is returned early, the renter remains liable to pay the full agreed rental amount to the lessor. No refund of the agreed rental amount will be given. If we have reason to invoice you additionally, such as one of the above points, you must pay the amount due within week. Otherwise we reserve
the right to add interest of per week to the bill.
At last:
Curacao law applies to this agreement. Any dispute relating to this agreement or anything related to or arising from it will be submitted exclusively to the competent court in Curacao.
By signing the contract, the tenant acknowledges that he has read, understood and agrees to the terms and conditions contained in this rental
agreement.
Thank you for renting from ES Carrental. If you have any questions about this rental, you can call or WhatsApp us on 00599 9 Sl 7S 614 or send an email to escarrentalcuracao@outlook.com
Your payment serves as confirmation of your acceptance of our latest terms and conditions.