The following conditions are part of the agreement between SCOOTER RENTAL CURAÇAO part of SUNNY MOTION BV, established in Curacao, and the tenant named on the rental contract.
- The 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 (with the exception of the consequences of normal wear and tear) with all accessories, tools (if provided), (registration) papers and other documents and the keys. If the scooter is returned elsewhere, the renter’s liability for damage to the scooter or its loss, for the costs of parking and for the costs referred to in art. 4 of these conditions, until RENTAL SCOOTER CURAÇAO has received the scooter and inspected it. If the renter does not return the scooter to the agreed place after the end of the rental agreement, the obligation to pay rent will continue unabated, and the renter will also owe a surcharge of Euro 75.00 per day. Furthermore, in that case all contractual limitations of liability of the renter will lapse. The provisions here also apply if the scooter is not handed over by the renter in connection with judicial and/or other judicial seizure and RENTAL SCOOTER CURAÇAO cannot be blamed for such a seizure.
- The dates set at the time of the final reservation (after the lessor has received the down payment) are binding. The renter undertakes to pay for the agreed number of rental days, even if the scooter is picked up later or returned earlier.
- The renter is not allowed to use the scooter (or have it used):
A. for a purpose contrary to the law;
B. for teaching;
C. for pushing or pulling any vehicle or trailer;
D. for the transport of persons and/or goods in violation of any legal provision of the country where the scooter is used by the renter;
E. for participating in scooter races, rallies or other sports rides or puzzle rides;
F. by a driver who does not have the physical and mental condition required for driving the vehicle. The absence of this condition is in any case presumed if the driver has used substances that may affect his driving ability;
G. by a driver who does not have a valid driver’s license if the type of vehicle requires it (up to 50cc excluded).
H. by a driver who is not named as a renter or driver on the rental contract.
- The renter is liable for the acts and omissions of the driver, the passengers and all others who use the vehicle or who actually have access to it. This also applies if this action did not have the tenant’s consent.
- The maximum permitted weight on the scooter is 140 kg, this in connection with the carrying capacity of the scooter, but also the possible reduction of braking force due to weight.
- The renter must handle the scooter with care. The renter is liable for all costs, imposed fines plus a contribution to the administration costs and further (financial) consequences of violation of the Road Traffic and other legislation with the scooter, plus a contribution to the administration costs.
a. In case of loss or theft of the scooter keys, the costs applicable to that scooter (read brand and type) will be deducted from the deposit. If this is not sufficient, the remainder will have to be paid in cash.
- The renter must properly park the scooter with the chain lock when not in use. The renter is fully responsible for refueling with fuel suitable for the scooter. Maintenance on the scooter may only be done by SCOOTER RENTAL CURACAO. The tenant must also make himself available for this.
- In the event of loss and/or damage or defect to the scooter and/or seizure by judicial authorities or civil law seizure, the renter is obliged to immediately inform SCOOTER RENTAL CURAÇAO of this. If any damage or defect with further use of the scooter entails the risk that the damage or defect will worsen or that further use may lead to a reduction in road safety, the renter is prohibited from using the scooter until repair (after permission has been obtained). of SCOOTER RENTALS CURAÇAO ) has taken place.
- Partly in connection with the insurance policy (W.A. insurance), the tenant is obliged:
a. to inform CURAÇAO of every accident as soon as possible on the number that is handed over with each delivery;
b. immediately warn Curacao Road Service and/or police;
c. to immediately fill in the claim form and to collect all the details of the person involved in the accident and and vehicles, as well as to record the details of any witnesses;
- d. to refrain from acknowledging guilt in any form;
- e. to only leave the scooter behind after the scooter has been adequately secured against accident, theft and burglary;
- f. RENTAL SCOOTER CURAÇAO as well as the insurance company to provide the requested cooperation in defense with regard to any claims from third parties.
- If the odometer becomes defective, the hirer must immediately inform RENTAL SCOOTER CURAÇAO thereof.
- Renter and passenger are required to wear a helmet while driving.
- RENTAL A SCOOTER CURAÇAO is only obliged to remedy defects if it knew or should have known about these defects when entering into the rental agreement, this is reasonably possible and no expenditure is required that cannot be demanded of it in the given circumstances. In other cases of defects, RENTAL SCOOTER CURAÇAO can dissolve the rental agreement.
In the event of defects, the renter is only entitled to a reduction of the rental price if RENTAL SCOOTER CURAÇAO knew or should have known of this defect when entering into the rental agreement.
In the event of a defect, the renter is only entitled to compensation for the damage suffered as a result, if RENTAL SCOOTER CURAÇAO knew or should have known of this defect when entering into the rental agreement.
Only a defect in a technical sense of the scooter itself can be regarded as a defect between a SCOOTER RENTAL CURAÇAO and the renter.
- The renter is obliged, without compensation with a counterclaim being permitted, to immediately pay the following amounts at the first request of SCOOTER RENTAL CURAÇAO:
a. the compensation for the duration of the rental, where a rental day is equal to 24 hours, any insurance and surcharges.
b. the cost of fuel and possibly. fuel surcharge for replenishing the fuel, if the scooter’s fuel tank is returned with less content than the amount provided to the renter.
c. all other costs/fees arising from this rental agreement and from the law.
- RENTAL A SCOOTER CURAÇAO is at all times entitled to demand payment security and/or authorization on the credit card before concluding or extending a rental agreement. If payment of the amount due to RENTAL SCOOTER CURAÇAO is made by credit card, the lessee authorizes RENTAL SCOOTER CURAÇAO, by signing the rental agreement, to collect all fees as referred to in Article 13 via the credit card organization in question. If settlement takes place in foreign currency, this will be done by SCOOTER REN CURAÇAO on the basis of the conversion rate set by SCOOTER REN CURAÇAO.
- The tenant is legally in default if (one of) the payment obligation(s) referred to in Article 12 is not met. In that case, the tenant will owe interest without further notice of default, which is equal to the statutory interest on an annual basis plus 2%, whereby part of the month is counted as a whole month. In that case, the renter will also owe extrajudicial costs amounting to 15% of the principal sum with a minimum of EUR 65, without prejudice to the right of SCOOTER RENTAL CURAÇAO to claim several costs actually incurred.
- RENTAL A SCOOTER CURAÇAO is entitled to terminate the rental agreement without notice of default or judicial intervention and to take possession of the vehicle again, without prejudice to its right to compensation for costs, damage and interest, if it appears that the renter has lost one of his does not, not fully, not timely or not properly fulfill its obligations; in the event of death, placing under guardianship, application for suspension of payment or bankruptcy of the tenant; when the tenant is established abroad; in the event of a claim by the government of the scooter, or in the event of seizure of the scooter, or if circumstances arise in the meantime of which RENTAL SCOOTER CURAÇAO was not aware at the start of the rental, which are of such a nature that, if RENTAL SCOOTER CURAÇAO were aware of this, been informed that she had not entered into the lease. The renter authorizes this SCOOTER RENTAL CURAÇAO or persons designated by SCOOTER RENTAL CURAÇAO to check where the vehicle is located or to take possession of the vehicle again. In the event that the scooter is taken back by RENTAL SCOOTER CURAÇAO, RENTAL SCOOTER CURAÇAO retains all rights to recover the costs incurred or damage suffered as a result of the breach of the agreement from the renter.
- Except in the case of intent or gross negligence on the part of subordinates of SCOOTER REN CURAÇAO, liability of SCOOTER REN CURAÇAO for shortcomings other than those described in Article 11 is limited to the amount of rent that the tenant should pay if the SCOOTER REN CURAÇAO complies correctly. Pay Unless the tenant has given notice of a change of residence, the tenant is deemed to have elected domicile at the address stated by the tenant when entering into the agreement.
- The renter is obliged to undo changes and additions made to the vehicle by or on behalf of him; the hirer cannot assert any right to compensation in this respect.
- The renter is prohibited from making the scooter available to anyone other than the driver or co-driver stated on the rental contract.
- Terms of payment:
For online bookings we ask for a deposit. This can be transferred to our bank account.
On arrival (i.e. when signing the rental contract) we ask to pay € 250,-/$ 350,- deductible/deposit and the agreed (remaining) rental amount. The deductible/deposit can be paid by cash or credit card. In case of credit card payment you give us an authorization. We accept Euros, US dollars and Antillean guilders for the remainder of the rent. The amount will be converted by an exchange rate set by SCOOTER RENTAL CURAÇAO. You can also transfer the rental amount and the deposit to our bank account in advance if you do not want to travel with cash, we will then immediately send you a confirmation by e-mail.
In the event of defects to the scooter, return of an unfueled scooter or damage that exceeds the deposit, we are authorized by your credit card and signed rental contract to debit the remaining amount from your credit card.
- Theft, Burglary and Damage:
The renter is obliged to report immediately to RENTAL SCOOTER CURAÇAO if the vehicle is stolen or if it has been broken into. In the event of theft and burglary (provided there is damage), the tenant has lost his own risk. If it appears that the vehicle has been broken into, the renter is responsible for all damage and/or costs.
Damage to the engine and/or bodywork (or the entire scooter) caused by driving on unpaved terrain, by deep puddles of water, too hard by holes in the road or by theft due to parking on abandoned or unauthorized parts of the island is also entirely at the expense of the tenant.
The scooter must be parked in a secure place at night. The list of prohibited parking facilities includes the following locations: unsupervised public car parks, the boulevard, Pietermaai, etc… When parked, the supplied chain lock must always be used.
Flat tires or damage to tires are in all cases directly at the expense of the renter, as this directly depends on the driving behavior of the driver. This is not covered by the insurance (W.A. insurance).
- The provisions of this agreement can only be deviated from with written permission from SCOOTER RENTAL CURAÇAO.
- In the event that 1 or more provisions of this agreement should prove to be null and void, the other provisions will remain in full force.
a. SCOOTER RENTAL CURAÇAO stores and uses personal data of the renter for the implementation of the agreement.
b. The renter can request at reasonable intervals to send the data as registered by SCOOTER RENTAL CURAÇAO or to be allowed to inspect it. The renter can request SCOOTER RENTAL CURAÇAO to supplement, change or delete certain data. RENTAL SCOOTER CURAÇAO will respond to such a request in accordance with legal requirements
- In the event of an extension of the rental agreement, all conditions of the agreement remain in force, unless otherwise agreed in writing between the parties. If the total rental period is longer than 30 consecutive days, a separate rental agreement will be drawn up for every 30 days, which does not need to be signed by the tenant, but which is based on the conditions of the original rental agreement. The notice period for such grant agreements is therefore 30 days. Disputes arising from or related to this agreement are subject to Antillean law and will be settled exclusively by the court in Curacao, 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 CURAÇAO invokes this article in writing, makes it known in writing that it prefers settlement by the competent court according to the law.