General conditions

The conditions below are part of the agreement between SCOOTER HUREN CURAÇAO part of SUNNY MOTION BV, based in Curaçao, and the renter named on the rental contract.

1. Renter is obliged to return the Scooter on the return date and return location stated on the rental contract in the condition in which it was received (except for the effects of normal wear and tear) with all accessories, tools (if any), (registration) papers and other documents and the keys. If the Scooter is returned elsewhere, the Renter's liability for damage to the Scooter or loss thereof, for the cost of parking and for the costs referred to in Clause 4 of these terms and conditions, until SCOOTER HUREN CURAÇAO has received and inspected the Scooter. If the Renter fails to return the Scooter at the agreed location after the end of the rental agreement, the obligation to pay rent will remain undiminished and the Renter will also owe a surcharge of € 75.00 per day. Furthermore, in that case, all contractual liability limitations of the renter expire. The foregoing also applies if the Scooter has not been surrendered by the Renter in connection with judicial and/or other legal attachment and such attachment cannot be attributed to SCOOTER HUREN CURAÇAO.
2. The dates set at the time of final reservation (after Lessor has received the deposit) are binding. Renter agrees to pay the agreed number of rental days, even if the scooter is picked up later or returned earlier. However, SCOOTER RENTAL CURACAO maintains the following as a policy in case of cancellation prior to the effective date of the rental period, the following conditions apply:

1. • More than 30 days before start of rental period: deposit is deposited as credit on customer's loyalty card for subsequent reservation. This credit may also be transferred by the customer to another person.
   • Less than 30 days to 24 hours before rental start: deposit is neither refunded nor processed as a credit.
   • Less than 24 hours before rental start: customer owes full rental amount. For long term rentals (more than 60 days), customer owes only the 2 first months.

3. Renter is not permitted to use or allow the scooter to be used:

1. • for a purpose contrary to law;
   • for education;
   • For pushing or pulling a vehicle or trailer;
   • for transporting persons and/or goods in violation of any legal provision of the country where the Scooter is used by the Renter;

1. • For participation in scooter races, rallies or other sporting rides or puzzle rides;
   • by a driver who is not in the physical and mental condition necessary to drive the vehicle. The absence of this condition is suspected in any case if the driver has used substances that may affect his ability to drive;
   • by a driver who does not hold a valid driver's license if the type of vehicle requires it (up to 50cc excepted).
   • by a driver who is not listed as a tenant or driver on the lease

4. The renter is liable for the acts and omissions of the driver, occupants and all others using or having actual access to the vehicle. This applies even if such action did not have the renter's consent.
5. The maximum allowable weight on the scooter is 140 kg, this is due to the carrying capacity of the scooter, but also the possible reduction of braking power due to weight.
6. Renter must handle the Scooter with care. Renter is liable for all costs, fines imposed plus a contribution to the administration costs and further (financial) consequences of violation of the Road Traffic Act and other legislation with the Scooter, plus a contribution to the

If the scooter keys are lost or stolen, the cost applicable to that scooter (read make and type) will be deducted from the deposit. If this is not sufficient, the remainder will have to be paid in cash.

7. Renter must properly park the scooter with the chain lock attached to a fixed object when not in use. Renter is fully responsible for fueling fuel suitable for the scooter. Maintenance of the scooter may only be performed by SCOOTER HUREN CURAÇAO. Renter must also make himself available for this purpose.
8. In case of loss and/or damage or defect of the Scooter and/or seizure by judicial or civil authorities, Renter is obliged to immediately notify SCOOTER HUREN CURAÇAO. If any damage or defect in further use of the Scooter carries the risk that the damage or defect may worsen or that further use may lead to a reduction in road safety, Renter is prohibited from using the Scooter until repairs (after obtaining permission) from SCOOTER HUREN CURAÇAO) have been made.
9. Also in connection with insurance (W.A. insurance), tenant is required:

1. • SCOOTER RENTAL CURAÇAO to notify any accident as soon as possible on the number provided with each delivery;
   • Alert Wegenwacht Curaçao and/or police immediately;
   • Fill out the claim form immediately and collect all details of the person and vehicles involved in the accident, as well as record the details of any witnesses;
   • refrain from acknowledging guilt in any form;
   • leaving the scooter only after the scooter has been adequately secured against accident, theft and burglary;
   • SCOOTER RENTAL CURAÇAO as well as the insurance company to provide the requested cooperation in defense with respect to any third party claims.

10. If the odometer breaks down, the renter must report it to SCOOTER HUREN CURAÇAO immediately.
11. Renter and passenger are required to wear a helmet while riding.
12. SCOOTER HUREN CURAÇAO is only obliged to remedy defects if at the time of entering into the rental agreement it was aware or ought to have been aware of these defects, this is reasonably possible and there are no costs involved that cannot be required of it in the given circumstances. In other cases of defects SCOOTER HUREN CURAÇAO may cancel the rental agreement. In case of defects, the hirer will only be entitled to a reduction of the hire price if SCOOTER HUREN CURAÇAO was aware or should have been aware of this defect at the time of entering into the hire agreement. In case of a defect, the hirer is only entitled to compensation for the damage suffered as a result thereof, if SCOOTER HUREN CURAÇAO was or should have been aware of this defect at the time of entering into the rental agreement. Only a defect in the technical sense of the scooter itself can be considered as a defect between a SCOOTER HUREN CURAÇAO and the hirer.
13. The Hirer shall be obliged, without compensation with counterclaim being allowed, at the first request of SCOOTER HUREN CURAÇAO to immediately pay the following amounts:

1. • the fee for the duration of the rental, where a rental day equals 24 hours, any insurance and surcharges.
   • the cost of fuel and any fuel surcharge for refilling the fuel, if the scooter's fuel tank is returned with less capacity than the amount provided to Renter.
   • any other charges/fees arising under this lease and under the law.

14. SCOOTER HUREN CURAÇAO is at all times entitled to require payment security and/or authorization on the credit card before entering into or renewing a rental agreement. If payment of the amount due to SCOOTER HUREN CURAÇAO is made by credit card, the hirer authorizes SCOOTER HUREN CURAÇAO, by signing the rental agreement, to collect all fees referred to in Article 13 through the relevant credit card organization. If settlement takes place in foreign currency, this will be done by SCOOTER HUREN CURAÇAO on the basis of the conversion rate determined by SCOOTER REN CURAÇAO.
15. The Tenant shall be in default by operation of law if any of the payment obligation(s) referred to in Article 12 are not met. In that case, without further notice of default, the Tenant shall owe interest equal to the statutory annual interest rate plus 2%, with part of a month counting as a whole month. In that case the Hirer shall also owe extrajudicial costs amounting to 15% of the principal amount with a minimum of € 65,-, without prejudice to the right of SCOOTER HUREN CURAÇAO to claim the additional costs actually incurred.
16. SCOOTER HUREN CURAÇAO shall be entitled to terminate the rental agreement without notice of default or judicial intervention and to repossess the vehicle, without prejudice to its right to compensation for costs, damages and interest, if it appears that the Hirer fails to comply with any of its obligations, or fails to do so in full, on time or properly; in the event of death, receivership, application for suspension of payments or bankruptcy of the Hirer if the Hirer is domiciled abroad; in the event of a claim by the government of the Scooter, or in the event of seizure of the Scooter, or if in the meantime circumstances arise of which SCOOTER HUREN CURAÇAO was not aware at the commencement of the rental, which are of such a nature that if SCOOTER HUREN CURAÇAO had been aware of them, it would have been told that it had not entered into the rental agreement. The renter authorizes this SCOOTER HUREN CURAÇAO or persons designated by SCOOTER HUREN CURAÇAO to check where the vehicle is located or to repossess the vehicle. In the event that the scooter is repossessed by SCOOTER HUREN CURAÇAO, SCOOTER HUREN CURAÇAO reserves all rights to recover from the renter any costs incurred or damages suffered as a result of the breach of contract.
17. Except in the case of intent or gross negligence of subordinates of SCOOTER HUREN CURAÇAO, the liability of SCOOTER HUREN CURAÇAO for shortcomings other than those described in Article 11 is limited to the amount of rent to be paid by the hirer if the SCOOTER HUREN CURAÇAO correctly complies. Payment Unless the renter has notified a change of residence, the renter shall be deemed to be domiciled at the address given by the renter at the time of entering into the agreement.
18. The renter is obliged to undo changes and additions made to the vehicle by him or on his behalf; the renter cannot assert any right to compensation in this regard.
19. Renter is prohibited from making the Scooter available to anyone other than the driver or co-driver listed on the rental contract.
20. Payment terms:

For online bookings, we require a deposit. This can be transferred to our bank account or paid online through a payment request. Upon receipt of the deposit, the reservation is final.

Upon arrival (i.e. when the rental contract is signed) we ask for €250/$280 excess/deposit and the agreed (remaining) rental amount to be paid. The excess/deposit can be paid in cash or by debit/credit card. For the balance of the rental, we accept U.S. dollars and Antillean guilders or card payments. The amount will be converted at an exchange rate determined by SCOOTER HUREN CURAÇAO. You can also transfer the rental amount and deposit to our bank account in advance if you do not want to travel with cash, we will send you a confirmation by e-mail immediately.

In case of scooter defects, return of empty scooter or damage exceeding the deposit, we are authorized by your credit card and signed rental contract to debit the remaining amount from your credit card.

21. Theft, burglary and damage:

The renter is obliged to report immediately to SCOOTER HUREN CURAÇAO any theft or break-in of the vehicle. In case of theft and burglary (provided there is damage), the renter will lose his deposit. If it appears that the vehicle has been broken into, the renter is responsible for all damages and/or costs.

Damage to the engine and/or body (or the entire scooter) caused by riding on unpaved terrain, through deep puddles of water, speeding in holes in the road or theft due to parking in abandoned or unauthorized parts of the island is also entirely the responsibility of the renter.

The scooter must be parked in a safe place at night. The list of prohibited parking places includes the following locations: unguarded public parking lots, the boulevard, Pietermaai, etc... When parking, always use the chain lock to a fixed object such as a pole, tree or fence. Preferably park the scooter out of sight of the street.

Flat tires or damage to tires are in all cases directly the responsibility of the renter as this is directly dependent on the driving behavior of the driver. This is not covered by the insurance (Third party liability and all-risk included)

If a phone holder is included, its use is at your own risk, we are not and cannot be held responsible for stolen or broken phones.

22. The provisions of this Agreement may be waived only with the written consent of SCOOTER HUREN CURAÇAO.
23. If 1 or more provisions of this agreement are found to be void, the remaining provisions will remain in full force and effect.
24. SCOOTER RENTAL CURAÇAO stores and uses personal data of the renter for the execution of the agreement.
25. The hirer may at reasonable intervals request to send or access the data recorded by SCOOTER HUREN CURAÇAO. The hirer may request SCOOTER HUREN CURAÇAO to complete, modify or delete certain data. SCOOTER HUREN CURAÇAO will respond to such a request in accordance with the legal requirements
26. Upon renewal of the rental agreement, all terms of the agreement will remain in effect unless otherwise agreed to in writing between the parties. If the total rental period exceeds 30 consecutive days, a separate rental agreement will be made for each 30 days, which need not be signed by the tenant, but is based on the terms of the original rental agreement. Thus, the notice period for such grant agreements is 30 days. Disputes arising out of or in connection with this agreement are subject to Antillean law and shall be exclusively settled by the court in Curaçao, unless the renter, if he is a natural person and has not rented the scooter in the exercise of a profession or business, within one month after renting a SCOOTER HUREN CURAÇAO invokes this article in writing, expresses in writing his preference for settlement by the court competent according to law.