ZEMMA Car Rental & Services ("Operator") hereby leases the above-mentioned vehicle ("vehicle") to the undersigned renter and/or drivers specified herein, on the following Terms and Conditions:
1. Renter acknowledges and agrees that the vehicle is the property of the Operator and is in good mechanical and physical condition. Renter agrees to inspect the vehicle for any damage and/or problems; notify the Operator; and ensure damage/problem is documented herein prior to departing the Operator's premises. Renter agrees that he/she is liable for any damage not specified in the rental agreement.
2. All renters/drivers of the vehicle are required to be of the age of 23 years or older. In case renter/driver is younger than the age of 23 years and is operating the vehicle, renter/driver is violating the rules set forth by the Operator and Insurance Company insuring the vehicle. Therefore, Operator reserves the right to terminate the rental agreement and seize the vehicle without a refund to the renter. In case of an accident caused by driver under the age of 23, insurance selected will be voided and will not cover any cost. Renter agrees that he/she is liable for any damage incurred.
3. Renter acknowledges and agrees that he/she understands how to operate the vehicle.
4. The vehicle must be returned in the same condition as when received to the location specified above. This includes all but not limited to tires/spare tire, tools, accessories, license plate, legal documents, vehicle manual, rented products, etc. In case any of these items are not returned, the Renter and/or Driver is liable for the cost to replace them.
5. The vehicle must be returned on the return date and time specified herein, or earlier if required by the Operator for any reason. Renter acknowledges and agrees that additional charges will be charged to them for any time exceeding the return date and time specified herein. No refunds will be given for rentals that ended early, late pickups, no-shows or cancellations made on or after the rental start date.
6. Renter agrees upon the end of the rental agreement to return the vehicle (including all other rented items) and/or keys to ZEMMA's agent. In case the renter does not return the vehicle and/or keys directly to ZEMMA's agent means that the renter is still liable for any damage to the vehicle or any cost incurred. In case renter leaves keys in the hands of others including the hotel they stayed at, renter is still fully liable for the vehicle for any cost incurred. (Please note that the deductible only applies in case of a collision/accident with a police report).
7. Renter acknowledges and agrees that the Renter and other drivers specified herein are solely allowed to operate the vehicle and are covered under the insurance selected only in case of a collision/accident and upon receipt of a valid police report. Any events other than a collision/accident, i.e., scratches, dents, etc., ZEMMA will keep the full deposit and charge the renter's credit card for any amount exceeding the cost of the damage to the vehicle.
8. Renter acknowledges and agrees that he/she is solely liable for any damage or cost incurred by authorized drivers and/or unauthorized drivers (not specified herein) and will pay all charges incurred to the Operator.
9. In case the vehicle is found driven by someone other than the drivers specified herein, the Operator holds the right to confiscate the vehicle without any refund.
10. Renter acknowledges and agrees to lock the vehicle at all times. Renter is liable for any damage or loss incurred due to not locking the vehicle.
11. Renter agrees not to use or permit the vehicle to be used to carry passengers or property for hire. Renter agrees not to remove the vehicle and/or accessories from Curaçao without a written consent from the Operator. The vehicle is not to be towed, sold, and/or traded. Renter and/or drivers agree not to operate the vehicle under the influence of alcohol, controlled substance, and/or illegal purposes. Renter acknowledges that he/she is liable for any cost incurred.
12. Renter agrees to operate the vehicle in accordance with all rules and regulations set forth by the Operator and/or the government of Curaçao.
13. Renter agrees not to participate in any kind of racing and/or competition, and to leave the vehicle unattended and/or in an unsafe area.
14. Renter acknowledges and agrees that the Operator is not liable for any loss, damage, cost or expenses incurred/paid by the Renter, other occupants of the vehicle, and/or their representatives (including Attorneys), due to injuries and/or damages sustained by any occupants of the vehicle.
15. Renter acknowledges and explicitly agrees to pay the Operator for all charges (including charges not specified above) incurred by the Renter and/or their occupants during the rental period. Charges are all but not limited to the following: rates or amounts specified herein, any cost incurred due to damages, etc. ZEMMA reserves the right to charge the renter's credit card for charges incurred by renter and/or driver without any prior notice.
16. Renter agrees that the Operator is not liable for any lost, damaged, or stolen property left or stored in the vehicle by the Renter or any other occupants. Renter waives all claims against the Operator and agrees to not hold the Operator accountable of any such claims.
17. Renter acknowledges and agrees that he/she is not the agent and/or employee of the Operator in any way and acknowledges that he/she won't rent the vehicle to someone else.
18. Renter acknowledges and agrees to return the vehicle with the same amount of gas as received upon the start of the rental (''original gas level''). Renter agrees to pay a fee ranging from $60 to $150, depending on the type of vehicle, for fuel if not returned with the original gas level (Note: rental rates do not include gas charges). ZEMMA reserves the right to charge the renter's credit card for charges incurred by renter and/or drivers without any prior notice.
19. Any violation of the terms and conditions set forth herein will automatically cancel the rental agreement and will require the Renter to return the vehicle immediately to the Operator without a refund.
20. It frequently happens that Renters drive through areas where they would normally not drive when operating their own vehicle, or even drive reckless. Insurance companies will not cover the Operator nor the Renter for such damages to the vehicle. Damages include but are not limited to the following: gearbox, oil pans, tires, windshield/windows, side mirrors, etc. Therefore, all damages incurred to the vehicle due to driving on bad roads, reckless driving, and/or theft will be the responsibility of the Renter and/or Driver. ZEMMA reserves the right to charge the renter's credit card for charges incurred without any prior notice.
Insurance Coverage:
Option 1 – Included in the rental rate: Third-party/Liability Insurance (LI): In case of an accident/collision, damage to third-party vehicle is covered after the deductible (out-of-pocket amount) in the amount of $400.00. All drivers as indicated on ZEMMA's rental agreement will be liable for all damages to the vehicle he/she is operating.
Option 2 - $15.00 per day: All-risk/Supplemental Liability Insurance (SLI) (In addition to Third-party Insurance): In case of an accident/collision with a valid accident report, all drivers as indicated on the rental agreement will be protected against any damage to the vehicle he/she is operating after the deductible (out-of-pocket amount) in the amount of $400.00.
It is required for the driver(s) indicated on the rental agreement to call CRS at 911 to obtain a detailed accident report and to immediately notify ZEMMA Car Rental and Services, B.V. of the accident/collision. The insurance will not cover the cost of the incident (after the deductible, if applicable) and therefore will be a charge to the Renter and/or Driver of the vehicle.
Deposit and Miscellaneous damage:
The insurance does not cover reckless driving and/or theft. Upon rental of a vehicle, ZEMMA requires a deposit in the amount of $400 for events other than a collision/accident, i.e., scratches, dents, damage to windshield/windows, tires, loss/damage of car keys, loss/damage of GPS, loss/damage of child seat, theft, etc. The deposit is only a hold (credit card/cash) and will be released upon return of the vehicle in the same condition as rented (Approximately 10 business days subject to your bank).
In case events occur, other than a collision/accident, that permit the cost of damages to exceed the $400 deposit, renter agrees for ZEMMA to charge renter and/or driver for the amount that exceeds the deposit.
Renter and/or drivers of the vehicle agree that ZEMMA Car Rental & Services, B.V. reserves the right to charge the Renter and/or Driver's credit card for the full cost incurred mentioned throughout this agreement without any prior notice to the Renter and/or Driver of the vehicle.
Vehicle maintains coverage against liability for bodily injury and/or property damage by the Renter to a third party in accordance with an Automobile Liability Insurance policy customary to Curaçao up to the minimum as stated by the law of Curaçao. Insurance coverage does not include tires, windshield/windows/doors, side mirrors, and/or other items rented. The complete cost is charged to the Renter's credit card or may be paid in cash.
Operator shall not in any case be liable for loss or damage to any property left behind, stored in the vehicle, or transported at any moment by Renter and/or Driver, or on request with or without the knowledge of Renter and/or Driver.
Operator is not liable for any loss or damage caused by or coming forth of the negligence of Renter and/or Driver or third parties. Renter and/or Driver hereby assumes all risk in case of any loss and/or damage and waves all claims against the Operator. Renter and/or Driver agrees to hold the Operator harmless from any claims arising from the loss and/or damage referred throughout this rental agreement.
In case one of the warning lights on the dashboard turns on or the engine temperature indicator shows that it is high, the Renter and/or Driver must stop the vehicle immediately. Should the Renter and/or Driver not comply with this requirement, the Renter and/or Driver shall then be liable for any cost incurred.
It is prohibited for the Renter and/or Drivers to overload the vehicle, transport luggage that can cause damage to the vehicle, exceed the usual maximum number of persons or luggage for the vehicle, use the vehicle for other purposes other than its intended use in accordance with its nature and equipment including transporting persons and goods for payment, provide driving lessons, tow and/or push other vehicles with this vehicle or to let the vehicle be towed or pushed without the expressed consent and/or indications of the Operator, participate in racing, rallies and other similar legal and/or illegal events, allow the vehicle to be driven by a person, whose data and/or signature does not appear anywhere of this rental agreement, drive the vehicle or allow this to be driven by others under the influence of alcoholic beverages, narcotics, medicine or other such legal and/or illegal substances which can impair the Renter and/or Driver's judgment and ability to drive, and cause damage or injury with the vehicle to goods and/or persons.
Renter and/or Driver shall not in any circumstances hand over the keys of the vehicle to anyone that is not authorized to operate the vehicle, including but not limited to third parties, car washers, hotel employees etc. Renter and/or driver are severally liable for any direct and indirect incidental damage or consequential damage arising out of the use of the vehicle. Renter and/or Driver holds Operator harmless of any and all liabilities entailed by the use of the vehicle.
Renter and/or Driver promptly pays in case of any incident/accident and/or theft all damages. In case the Renter is not at fault, the Renter still has to pay the deductible until the Operator has recovered the deductible from the party at fault. Once recovered, the deductible will be returned to the Renter.
A $50 cancellation fee is charged for reservations not cancelled 48 hours prior to rental date. Renter and/or drivers of the vehicle agree that ZEMMA Car Rental & Services reserves the right to charge the Renter and/or Driver's credit card for the full cost incurred without prior notice to the Renter and/or Driver of the vehicle.
Renter and/or drivers/occupants of the vehicle agree not to smoke, eat, drink and/or perform any activities that will damage and/or dirty the vehicle. Renter acknowledges and agrees that he/she will be charged a cleaning fee at a minimum of $250. Renter and/or drivers of the vehicle agree that ZEMMA Car Rental & Services reserves the right to charge the Renter and/or Driver's credit card for the full cost incurred without prior notice to the Renter and/or Driver of the vehicle.
At time of rental, Renter must have all of the following available:
a. valid driver's license in the Renter and/or driver's name
b. valid credit card in the Renter's name
The total rental rate is calculated based on the information provided at the time of the reservation. Quoted taxes and fees are subject to change which will affect the final total due at rental return.
All rentals are charged on a 24 hour basis. A full day is charged for any portion of a 24 hour period used. Renter is responsible for all taxes, fees, parking, traffic fines, and any early or late return fees. The Renter is responsible for replacement costs of additional products rented (e.g., GPS, child safety seat, child booster seat, cellular phones, etc.)
Credit card holds: The operator will need to put a hold on the Renter's credit card for the total estimated rental charges or $400, whichever is greater. While the hold is in place, the funds will not be available for the Renter's use. Once the Renter returns the vehicle, the Operator will process a release of the unused portion of the hold subject to each bank's policies and procedures (usually 10 business days after termination of rental agreement). Please note that a release of the hold is only released in case the vehicle is returned in the same condition as initially rented.
Renter and/or driver's acknowledges that he/she will ensure that proper fuel is entered into the vehicle. In case incorrect fuel is used, the Renter and/or driver agrees to pay all cost incurred related to the damage including the cleansing of the motor and related parts.
In case all keys and locks of the vehicle need to be replaced due to any event, Renter and/or driver agrees to be liable for all cost incurred. Events could be all but not limited to theft, loss of key, damage, etc.
