TERMS AND CONDITIONS APPLICABLE TO RENTALS IN ARUBA
THESE TERMS AND CONDITIONS FORM A PART OF THE RENTAL AGREEMENT (“AGREEMENT”), WHICH CONSISTS OF THE FOLLOWING PARTS: TERMS AND CONDITIONS, AN INDIVIDUALIZED RENTAL DOCUMENT SIGNED BY THE RENTER, A VEHICLE INSPECTION SHEET USED UPON RENTAL AND RETURN, A RETURN DOCUMENT WITH FINAL CHARGES, AND ANY AMENDMENTS. THIS RENTAL AGREEMENT IS FOR THE RENTAL OF THE VEHICLE DESCRIBED ON THE RENTAL DOCUMENT. THIS AGREEMENT IS BETWEEN THE RENTER SIGNING IT (“YOU”) AND RENTCAR N.V., AN INDEPENDENT HERTZ, SYSTEM LICENSEE IDENTIFIED ON THE RENTAL DOCUMENTS AS HERTZ OR LICENSEE.
YOU, THE RENTER AGREE TO ALL TERMS AND CONDITIONS OF THIS ENTIRE AGREEMENT, INCLUDING THE RENTAL AND RETURN DOCUMENTS.
1. NATURE OF THIS AGREEMENT YOU ARE OBTAINING SOLELY A BAILMENT THAT ALLOWS YOU TO USE THE CAR AS PERMITTED BY THIS AGREEMENT. YOU ACKNOWLEDGE THAT THE CAR IS OWNED BY LICENSEE. NO ONE OTHER THAN LICENSEE MAY TRANSFER THE CAR OR ANY RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT. ANY ATTEMPTED TRANSFER OR SUBLEASE OF THE CAR BY ANYONE OTHER THAN LICENSEE IS VOID. NEITHER YOU NOR ANY AUTHORIZED OPERATORS ARE AGENTS OF LICENSEE. NO ONE MAY SERVICE OR REPAIR THE CAR WITHOUT LICENSEE’ PRIOR EXPRESS APPROVAL. LICENSEE MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE CAR IS FIT FOR ANY PARTICULAR PURPOSE. 2. WHO MAY OPERATE THE CAR ONLY YOU AND, WITH YOUR PERMISSION, THE FOLLOWING PERSONS, PROVIDED THAT THEY MEET THE QUALIFICATIONS SET FORTH IN THE FOLLOWING SENTENCE (“AUTHORIZED OPERATORS”), MAY OPERATE THE CAR: YOUR SPOUSE, YOUR DOMESTIC PARTNER (IF YOU ARE NOT MARRIED), AND ANY OTHER PERSON WHO MEETS LICENSEE’ QUALIFICATIONS AND WHO SIGNS AN ADDITIONAL AUTHORIZED OPERATOR FORM AT THE TIME OF RENTAL. EXCEPT AS PROVIDED IN THE FOLLOWING SENTENCE, ALL AUTHORIZED OPERATORS MUST BE AT LEAST 25 YEARS OLD AND HAVE A VALID DRIVER’S LICENSE FROM A JURISDICTION ACCEPTABLE TO LICENSEE. FOR RENTALS WHICH COMMENCE IN ARUBA, PERSONS BETWEEN THE AGES OF 18 AND 24 WHO MEET LICENSEE’ OTHER QUALIFICATIONS AND WHO SIGN AN ADDITIONAL AUTHORIZED OPERATOR FORM AT THE TIME OF RENTAL MAY BE AUTHORIZED OPERATORS; IN SUCH CASES, AN UNDERAGE DIFFERENTIAL CHARGE WILL BE ASSESSED. EXCEPT TO THE EXTENT NECESSARY FOR VALET PARKING OR IN AN EMERGENCY AS PERMITTED BY LAW, NO OTHER PERSONS ARE PERMITTED TO OPERATE THE CAR; FOR PURPOSES HEREOF, AN “EMERGENCY” SHALL MEAN URGENT CIRCUMSTANCES WHICH, UNDER THE LAWS OF THE JURISDICTION IN WHICH THE ALLEGED EMERGENCY OCCURRED, WOULD JUSTIFY THE OPERATION OF AN AUTOMOBILE BY AN UNLICENSED DRIVER. WITH RESPECT TO PERSONS WHO MUST SIGN AN ADDITIONAL AUTHORIZED OPERATOR FORM, OTHER QUALIFICATIONS MAY, AT LICENSEE’ DISCRETION, BE IN EFFECT AT THE TIME AND PLACE OF RENTAL; AND, WHERE PERMITTED BY LAW, LICENSEE MAY IMPOSE AN ADDITIONAL FEE FOR SUCH PERSONS. A “DOMESTIC PARTNER” IS AN UNMARRIED PARTNER OF THE SAME OR OPPOSITE SEX WHO IS NOT YOUR PARENT, GRANDPARENT, SIBLING, CHILD, GRANDCHILD, UNCLE, AUNT,
NIECE OR NEPHEW (IN EACH CASE BY BLOOD OR ADOPTION), WHO PERMANENTLY RESIDES AT THE SAME ADDRESS AS YOU, AND WHOSE DRIVER’S LICENSE SHOWS THE SAME RESIDENCE ADDRESS AS YOUR DRIVER’S LICENSE. BY OPERATING THE CAR (WHETHER OR NOT AN ADDITIONAL AUTHORIZED OPERATOR FORM IS COMPLETED), AN AUTHORIZED OPERATOR WILL BE DEEMED JOINTLY AND SEVERALLY RESPONSIBLE FOR YOUR OBLIGATIONS UNDER THIS AGREEMENT RELATED TO THE CAR, AS WELL AS FOR ANY OBLIGATIONS THAT THIS AGREEMENT DIRECTLY IMPOSES ON AN AUTHORIZED OPERATOR OF THE CAR.
3. RETURN ORDINARY WEAR DUE TO REASONABLE USE EXCEPTED, YOU MUST RETURN THE CAR TO LICENSEE IN THE SAME CONDITION IT IS IN WHEN YOU RECEIVE IT. YOU MUST RETURN THE CAR TO LICENSEE BY THE DUE DATE SPECIFIED ON THE RENTAL RECORD, OR SOONER IF DEMANDED BY LICENSEE. IN NO EVENT MAY YOU KEEP THE CAR FOR MORE THAN THIRTY (30) DAYS, UNLESS AUTHORIZED IN WRITING BY LICENSEE. THE CAR WILL REMAIN SUBJECT TO THESE TERMS AND CONDITIONS UNTIL LICENSEE HAS INSPECTED AND ACCEPTED IT; IF YOU RETURN THE CAR AFTER HOURS, (A) YOU ARE RESPONSIBLE FOR ANY DAMAGE TO THE CAR UNTIL LICENSEE HAS INSPECTED AND ACCEPTED IT WHEN THE RETURN LOCATION REOPENS FOR BUSINESS AND (B) TIME CHARGES, CHARGES FOR LDW, PAI AND ANY CHARGES FOR ADDITIONAL SERVICES OR OTHER CHARGES WHICH ARE STATED ON THE RENTAL AGREEMENT AS A PERIODIC RATE, MAY CONTINUE TO ACCRUE UNTIL THE RETURN LOCATION REOPENS FOR BUSINESS. IF YOU DO NOT RETURN THE CAR WHEN REQUIRED BY THIS AGREEMENT, THEN AFTER LICENSEE HAS MADE A REASONABLE EFFORT TO CONTACT YOU BY THE CONTACT METHODS PROVIDED BY YOU AT THE TIME OF RENTAL, LICENSEE MAY, AT YOUR EXPENSE, RECOVER THE CAR WHERE AND WHEN IT IS FOUND. IF THE CAR IS FOUND ILLEGALLY PARKED OR APPARENTLY ABANDONED, OR IF THE CAR IS USED OR OBTAINED AS PROHIBITED UNDER PARAGRAPH 5 OF THESE TERMS, THEN LICENSEE MAY RECOVER THE CAR WITHOUT DEMAND. TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A HEARING OR TO RECEIVE ANY NOTICE OR LEGAL PROCESS AS A PRE-CONDITION FOR LICENSEE RECOVERING THE CAR. IF THE CAR REQUIRES MORE THAN LICENSEE’ STANDARD CLEANING ON ITS RETURN, LICENSEE MAY CHARGE YOU FOR THE ACTUAL COSTS INCURRED BY LICENSEE TO HAVE THE CAR CLEANED WITH A MINIMUM FEE OF US$ 75. BY RENTING A CAR, FOLLOWING DELIVERY TO YOU OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND UNDERSTAND THIS NOTICE. 4. YOUR RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE CAR AND OPTIONAL LOSS DAMAGE WAIVER A. EXCEPT AS STATED BELOW, YOU ARE RESPONSIBLE FOR ANY AND ALL LOSS OF OR DAMAGE TO THE CAR RESULTING FROM ANY CAUSE INCLUDING BUT NOT LIMITED TO COLLISION OR COMPREHENSIVE LOSS, ROLLOVER, THEFT, VANDALISM, SEIZURE, FIRE, FLOOD, HAIL OR OTHER ACTS OF NATURE OR GOD REGARDLESS OF FAULT. YOUR RESPONSIBILITIES INCLUDE THE RETAIL ESTIMATE OF THE COST TO REPAIR THE VEHICLE TO ITS PRE-ACCIDENT CONDITION. B. EXCEPT AS STATED BELOW, IF THE VEHICLE IS A TOTAL LOSS, OR AT OUR DISCRETION WE MAKE A BUSINESS DECISION NOT TO REPAIR THE VEHICLE, YOUR RESPONSIBILITY WILL NOT EXCEED THE GREATER OF THE RETAIL FAIR MARKET VALUE OF THE CAR AT THE TIME THE CAR IS LOST OR DAMAGED, LESS ITS SALVAGE VALUE OR ANY PROCEEDS FROM THE SALE
OF THE UNREPAIRED VEHICLE , PLUS ACTUAL TOWING, STORAGE AND IMPOUND FEES, AS WELL AS LOSS OF USE FOR THE TIME THE VEHICLE IS OUT OF SERVICE AS DETERMINED BY THE RENTAL RATE ON THE RENTAL AGREEMENT TIMES THE NUMBER OF DAYS THE VEHICLE IS OUT OF SERVICE REGARDLESS OF OUR FLEET UTILIZATION. YOU ARE ALSO RESPONSIBLE FOR THE DIMINUTION OF VALUE, WHICH IS THE DIFFERENCE BETWEEN THE RETAIL MARKET VALUE OF THE VEHICLE BEFORE THE DAMAGE AND THE VALUE OF THE VEHICLE AFTER THE DAMAGE, WHETHER WE REPAIR THE VEHICLE OR NOT. YOU ARE RESPONSIBLE FOR AN ADMINISTRATIVE FEE FOR OUR HANDLING OF THE CLAIM, THE FEE IS 10% OF THE DAMAGE NOT TO EXCEED $500.0, LICENSEE MAY PROCESS ONE OR MORE VOUCHERS OR PAYMENT SLIPS AGAINST YOUR CREDIT, CHARGE OR DEBIT CARD FOR THESE LOSSES, COSTS AND CHARGES, TOGETHER WITH ANY OTHER APPLICABLE CHARGES, AT OR FOLLOWING THE COMPLETION OF THE RENTAL. C. IN CASE YOU HAVE ACCEPTED THEFT PROTECTION, YOUR RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE CAR RESULTING FROM VANDALISM UNRELATED TO THE THEFT OF THE CAR WILL NOT EXCEED THE APPLICABLE DEDUCTIBLE UNLESS IT RESULTS FROM FAILURE TO EXERCISE ORDINARY CARE BY YOU OR ANY AUTHORIZED OPERATOR, OR IF YOU OR ANY AUTHORIZED OPERATOR COMMITTED, OR AIDED AND ABETTED IN THE COMMISSION OF, THE THEFT OF THE CAR. D. YOU ARE NOT RESPONSIBLE FOR MECHANICAL DAMAGE UNRELATED TO AN ACCIDENT OR THAT COULD REASONABLY BE EXPECTED FROM NORMAL USE OF THE CAR EXCEPT IN INSTANCES WHERE ABUSE OR NEGLECT BY YOU OR AN AUTHORIZED OPERATOR IS SHOWN.
E. IF THE CAR IS RETURNED WITH DAMAGE, IT BECOMES YOUR OBLIGATION (OR THAT OF THE AUTHORIZED OPERATOR WHO WAS OPERATING THE CAR AT THE TIME THAT THE DAMAGE OCCURRED) BEFORE DEPARTURE FROM THE ISLAND, TO EXECUTE AND RETURN TO LICENSEE A COMPLETE AND ACCURATE INCIDENT REPORT DESCRIBING ANY PHYSICAL AND/OR MECHANICAL DAMAGE; THEN, WITHIN 72 HOURS AFTER THE CAR IS RETURNED, YOU, ANY AUTHORIZED OPERATOR OR YOUR OR HIS OR HER INSURER MUST NOTIFY LICENSEE IN WRITING THAT YOU, HE, SHE OR IT WISHES TO INSPECT THE DAMAGED CAR OR THE RIGHT TO INSPECT THE DAMAGED CAR WILL BE WAIVED. THE INSPECTION MUST BE COMPLETED WITHIN 7 DAYS OF THE RETURN DATE OF THE CAR. HOWEVER, IF LICENSEE DETERMINES THE CAR TO BE A TOTAL LOSS AND SUBJECT TO SALVAGE, THE 72-HOUR PERIOD SHALL NOT APPLY AND YOU, ANY AUTHORIZED OPERATOR OR YOUR, HIS OR HER INSURER SHALL HAVE 10 BUSINESS DAYS TO INSPECT THE CAR OR THE RIGHT TO INSPECT THE DAMAGED CAR WILL BE WAIVED.
F. IF YOU HAVE PURCHASED THE OPTIONAL LOSS DAMAGE WAIVER (“LDW”), WHICH IS NOT INSURANCE, LICENSEE WILL NOT HOLD YOU RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR EXCEPT AS DESCRIBED IN SUBPARAGRAPH 4(G) BELOW. LDW ENTAILS AN ADDITIONAL CHARGE FOR EACH FULL OR PARTIAL RENTAL DAY. ALL CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE. PURCHASE OF LDW IS NOT REQUIRED IN ORDER TO RENT A CAR AND MAY BE DECLINED. YOUR OWN INSURANCE (OR THAT OF AN AUTHORIZED OPERATOR) MAY COVER ALL OR PART OF YOUR FINANCIAL RESPONSIBILITY (OR THAT OF THE AUTHORIZED OPERATOR) FOR LOSS OF OR DAMAGE TO THE CAR. BEFORE DECIDING WHETHER TO PURCHASE LDW, YOU ARE ADVISED TO CONSULT WITH YOUR INSURER AND/OR
EXAMINE YOUR AUTOMOBILE INSURANCE POLICY AND THAT OF ANY AUTHORIZED OPERATOR TO DETERMINE WHETHER THE POLICY AFFORDS COVERAGE FOR LOSS OR DAMAGE TO A RENTED VEHICLE, AND, IF SO, THE TERMS AND SCOPE OF SUCH COVERAGE, INCLUDING THE AMOUNT OF THE DEDUCTIBLE AND ANY OTHER LIMITATIONS AND EXCESSES. YOU ARE ALSO ADVISED TO DETERMINE WHETHER SUCH COVERAGE IS PROVIDED UNDER THE AGREEMENT PERTAINING TO THE CREDIT CARD WHICH IS USED TO PAY AT THE TIME OF RENTAL OR FROM ANY OTHER SOURCE AND, IF SO, THE TERMS AND SCOPE OF SUCH COVERAGE. G. USE OF THE CAR IN A MANNER PROHIBITED IN PARAGRAPH 5 OF THESE TERMS AND CONDITIONS, OR FAILURE TO COMPLY WITH THE REQUIREMENTS FOR PROMPTLY REPORTING DAMAGE OR LOSS, WILL VOID LDW AND CAUSE YOU TO BE FULLY RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR RESULTING FROM THAT PROHIBITED USE. H. YOU MAY, AT THE COMMENCEMENT OF A RENTAL, BE GIVEN OR SHOWN ADDITIONAL DISCLOSURES PERTINENT TO YOUR DECISION WHETHER TO PURCHASE OR DECLINE LDW. THESE ADDITIONAL DISCLOSURES MAY APPEAR ON YOUR RENTAL AGREEMENT, ON AN ELECTRONIC SIGNATURE PAD OR IN A SEPARATE NOTICE. YOU SHOULD READ THESE DISCLOSURES CAREFULLY PRIOR TO COMMENCEMENT OF THE RENTAL. IF YOU HAVE DECLINED LDW AT THE COMMENCEMENT OF THE RENTAL YOU UNDERSTAND THAT BY DECLINING THE OPTIONAL LDW YOU ARE RESPONSIBLE FOR ANY AND ALL LOSS OF OR DAMAGE TO THE CAR AS DESCRIBED IN PARAGRAPH ABOVE. YOU FURTHERMORE UNDERSTAND THAT REGARDLESS OF ANY AGREEMENT YOU MAY HAVE WITH AMERICAN EXPRESS, DINERS, DISCOVER, VISA, MASTERCARD OR A THIRD PARTY (YOUR) INSURANCE COMPANY REGARDING THE COVERTURE FOR DAMAGES TO THE RENTED VEHICLE, YOUR PRIMARY FINANCIAL RESPONSIBILITY WILL CONTINUE TO BE PRIMARILY TO LICENSEE FOR ANY DAMAGE CHARGES AS DESCRIBED.
5. PROHIBITED USE OF THE CAR NEITHER YOU NOR ANY AUTHORIZED OPERATOR MAY: A. PERMIT THE USE OF THE CAR BY ANYONE OTHER THAN YOU OR AN AUTHORIZED OPERATOR; B. INTENTIONALLY DESTROY, DAMAGE OR AID IN THE THEFT OF THE CAR; C. TAKE OR ATTEMPT TO TAKE THE CAR ANYWHERE OFF THE ISLAND WHERE THE CAR WAS RENTED; D. ENGAGE IN ANY WILLFUL OR WANTON MISCONDUCT, WHICH, AMONG OTHER THINGS, MAY INCLUDE RECKLESS CONDUCT SUCH AS: THE FAILURE TO USE SEAT BELTS, THE FAILURE TO USE CHILD SEATS OR OTHER CHILD RESTRAINTS, USE WHEN OVERLOADED, USE OFF PAVED ROADS OR ON ROADS WHICH ARE NOT REGULARLY MAINTAINED, LEAVING THE CAR AND FAILING TO REMOVE THE KEYS, OR FAILING TO CLOSE AND LOCK ALL DOORS, CAR WINDOWS OR THE TRUNK; E. USE OR PERMIT THE USE OF THE CAR BY ANYONE: 1. WHILE LEGALLY INTOXICATED OR UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR OTHER ABSORBED ELEMENTS WHICH MAY ADVERSELY AFFECT A PERSON’S ABILITY TO DRIVE SAFELY; 2. FOR ANY PURPOSE THAT COULD PROPERLY BE CHARGED AS A CRIME, SUCH AS THE ILLEGAL TRANSPORTATION OF PERSONS, DRUGS OR CONTRABAND; 3. TO TOW OR PUSH ANYTHING; 4. IN A SPEED TEST, SPEED CONTEST, RACE, RALLY, SPEED ENDURANCE CONTEST OR DEMONSTRATION; 5. IN DRIVER TRAINING ACTIVITY; 6. TO CARRY PERSONS OR PROPERTY
FOR HIRE (I.E., FOR A CHARGE OR FEE); 7. IF THE CAR HAS BEEN OBTAINED FROM LICENSEE BY FRAUD OR MISREPRESENTATION; OR 8. TO CARRY HAZARDOUS MATERIALS (OTHER THAN CUSTOMARY QUANTITIES OF MATERIALS USED IN THE OPERATION OF THE CAR THAT ARE STORED WITHIN THE CONTAINERS PROVIDED FOR THEM), EXPLOSIVES, BIOLOGICALLY ACTIVE MATERIALS THAT ARE HAZARDOUS TO HUMAN HEALTH OR RADIOACTIVE MATERIAL INCLUDING, BUT NOT LIMITED TO, ANY BIOLOGICALLY ACTIVE OR RADIOACTIVE MATERIAL FOR RESEARCH, EDUCATION, DEVELOPMENT OR INDUSTRIAL PURPOSES, OR FOR PURPOSES
ANY USE OF THE CAR IN A MANNER PROHIBITED ABOVE: I. WILL CAUSE YOU TO LOSE THE BENEFIT OF ANY LIMITATION ON YOUR LIABILITY FOR LOSS OF OR DAMAGE TO THE CAR, EVEN IF YOU HAVE PURCHASED LDW; II. WILL CAUSE YOU TO LOSE THE BENEFIT OF ALL PERSONAL ACCIDENT INSURANCE (“PAI”), ADDITIONAL COVERAGES AND LIABILITY PROTECTION PROVIDED BY LICENSEE UNDER THIS AGREEMENT; AND III. WILL CONSTITUTE A BREACH OF THIS AGREEMENT, MAKING YOU RESPONSIBLE, TO THE FULLEST EXTENT PERMITTED BY LAW, FOR THE ACTUAL AND CONSEQUENTIAL DAMAGES TO LICENSEE CAUSED BY THE BREACH, TOGETHER WITH LICENSEE’ RELATED COSTS AND ATTORNEYS’ FEES. 6. PAYMENT OF CHARGES YOU AND ANY PERSON, CORPORATION OR OTHER ENTITY TO WHOM, WITH LICENSEE’ CONSENT, YOU EXPRESSLY DIRECT THE CHARGES IN ANY WAY INCURRED UNDER THIS AGREEMENT (“CHARGES”) TO BE BILLED, ARE JOINTLY AND SEVERALLY RESPONSIBLE FOR PAYMENT OF ALL CHARGES. IF YOU DIRECT CHARGES TO BE BILLED TO ANY PERSON, CORPORATION OR OTHER ENTITY, YOU REPRESENT THAT YOU ARE AUTHORIZED TO DO SO. CHARGES NOT PAID ON TIME AS REQUIRED BY THIS AGREEMENT MAY BE SUBJECT TO A LATE PAYMENT FEE. YOU MAY ALSO BE CHARGED A FEE FOR ANY CHECK (OR CHEQUE) USED FOR PAYMENT OF CHARGES THAT IS RETURNED TO LICENSEE UNPAID OR FOR ANY CREDIT, CHARGE, DEBIT OR STORED VALUE/PREPAID/GIFT CARD CHARGES WHICH ARE NOT HONORED BY THE CARD ISSUER. PAYMENT FOR ALL CHARGES IS DUE AT THE COMPLETION OF THE RENTAL IN CASH OR BY A CREDIT CARD, CHARGE CARD, DEBIT CARD OR OTHER DEVICE ACCEPTABLE TO LICENSEE; HOWEVER, SPECIAL RULES MAY APPLY FOR RENTALS WHICH ARE PAID FOR WITH PREPAID VOUCHERS OR COUPONS—SEE BELOW. STORED VALUE/PREPAID/GIFT CARDS ARE NOT, AND DEBIT CARDS MAY NOT BE, ACCEPTABLE TO QUALIFY FOR RENTAL, BUT DEBIT CARDS MAY BE USED FOR PAYMENT AT RETURN. CHARGES NOT KNOWN TO LICENSEE AT THE COMPLETION OF THE RENTAL ARE PAYABLE BY YOU, OR BY THE PERSON, CORPORATION OR OTHER ENTITY TO WHOM SUCH CHARGES ARE TO BE BILLED, IMMEDIATELY UPON RECEIPT OF AN INVOICE THEREFORE OR BY BILLING TO THE FIRST CREDIT, CHARGE OR DEBIT CARD SPECIFIED IN YOUR RENTAL AGREEMENT WHICH HAD AVAILABLE CREDIT OR FUNDS AT THE TIME OF RENTAL (OR AGAINST THE FIRST CREDIT, CHARGE OR DEBIT CARD SPECIFIED IN YOUR RENTAL AGREEMENT WHICH HAS SUFFICIENT AVAILABLE CREDIT OR FUNDS TO COVER ALL CHARGES AT THE TIME OF BILLING), EVEN IF CASH, ANOTHER CREDIT, CHARGE OR DEBIT CARD WAS USED TO PAY FOR CHARGES AT THE COMPLETION OF THE RENTAL. THE PAYMENT OF CHARGES BY USE OF A CREDIT, CHARGE OR DEBIT CARD IS GOVERNED BY THE TERMS OF YOUR AGREEMENT WITH THE CARD ISSUER. YOU AUTHORIZE LICENSEE TO (1) AT THE TIME OF RENTAL, RESERVE CREDIT WITH, OR OBTAIN AN
AUTHORIZATION FROM, THE ISSUER OF THE FIRST CREDIT, CHARGE OR DEBIT CARD SPECIFIED IN YOUR RENTAL AGREEMENT WHICH HAS AVAILABLE CREDIT OR FUNDS, IN A REASONABLE AMOUNT THAT MAY BE 50% GREATER THAN THE ESTIMATED CHARGES OR HIGHER, AND (2) PROCESS ONE OR MORE VOUCHERS OR PAYMENT SLIPS AGAINST THAT CARD (OR AGAINST THE FIRST CARD SPECIFIED IN YOUR RENTAL AGREEMENT WHICH HAS SUFFICIENT AVAILABLE CREDIT OR FUNDS TO COVER ALL CHARGES AT THE TIME OF BILLING) FOR ALL ACTUAL CHARGES (INCLUDING BUT NOT LIMITED TO CHARGES FOR DAMAGE TO THE CAR) AT OR FOLLOWING THE COMPLETION OF THE RENTAL. IF A DEBIT CARD IS SPECIFIED IN YOUR RENTAL AGREEMENT, LICENSEE WILL NOT BE LIABLE FOR OVERDRAFT CHARGES, OR FOR ANY OTHER LOSSES OR LIABILITIES WHICH YOU MAY INCUR, IN THE EVENT THAT YOU OVERDRAW YOUR ACCOUNT AFTER LICENSEE RECEIVES AN AUTHORIZATION AT THE COMMENCEMENT OF THE RENTAL, IF THE AUTHORIZATION EXCEEDS THE ACTUAL CHARGES INCURRED IN CONNECTION WITH THE RENTAL. THERE MAY BE A DELAY BETWEEN THE TIME THAT THE CHARGES ARE RECEIVED BY YOUR CARD ISSUER AND THE TIME THAT THE CARD ISSUER RELEASES THE EXCESS. LICENSEE MAY AUDIT ALL CHARGES. IF ANY ERRORS ARE FOUND, YOU WILL PAY THE CORRECTED CHARGES. IF PAYMENT WAS BY CREDIT, CHARGE OR DEBIT CARD, YOU AUTHORIZE LICENSEE TO CORRECT THE CHARGES WITH THE CARD ISSUER. LICENSEE WILL NOTIFY YOU OF ANY CORRECTION. THIRD PARTIES MAY FROM TIME TO TIME ISSUE PREPAID VOUCHERS, COUPONS OR CREDITS REPRESENTED EITHER BY DOCUMENTS OR BY ENTRIES IN LICENSEE’ RECORDS (“VOUCHERS”) WHICH MAY BE USED TO PAY RENTAL CHARGES SUBJECT TO THE TERMS AND CONDITIONS OF THE VOUCHERS. YOU MUST ADVISE LICENSEE WHEN YOU MAKE THE RESERVATION OF YOUR INTENDED USE OF A VOUCHER. VOUCHERS ARE TO BE SUBMITTED AT THE TIME THAT THE CAR IS RETURNED TO LICENSEE. CHARGES NOT COVERED BY THE VOUCHER, INCLUDING CHARGES FOR OPTIONAL SERVICES WHICH YOU HAVE ACCEPTED IN YOUR RENTAL AGREEMENT, WILL BE PROCESSED AGAINST THE FIRST CREDIT, CHARGE OR DEBIT CARD LISTED IN YOUR RENTAL AGREEMENT WHICH HAS AVAILABLE CREDIT OR FUNDS. 7. COMPUTATION OF CHARGES A. TIME CHARGES ARE COMPUTED AT THE RATES SPECIFIED ON THE RENTAL AGREEMENT FOR DAYS, WEEKS, MONTHS, EXTRA HOURS AND EXTRA DAYS (INCLUDING DAYS IN EXCESS OF ANY LONGER SPECIFIED TIME PERIOD). THE MINIMUM RENTAL CHARGE IS FOR ONE RENTAL DAY. RENTAL DAYS CONSIST OF CONSECUTIVE 24-HOUR PERIODS STARTING AT THE TIME THE RENTAL BEGINS, OR ANY PORTION OF A CALENDAR DAY, AS NOTED ON THE RENTAL RECORD. THE EXTRA HOURS RATE SHOWN ON THE RENTAL AGREEMENT IS CHARGED FOR EACH FULL OR PARTIAL HOUR IN EXCESS OF A RENTAL DAY UNTIL SUCH EXTRA HOURS’ CHARGES EQUAL THE DAILY RATE SPECIFIED ON THE RENTAL AGREEMENT FOR AN EXTRA DAY. EXTRA HOURS ARE ONLY CHARGED IF THE CAR IS RETURNED 60 MINUTES OR MORE BEYOND THE START OF A NEW RENTAL DAY; HOWEVER, AS STATED IN PARAGRAPH 3, IF THE CAR IS RETURNED AFTER HOURS, CHARGES MAY CONTINUE TO ACCRUE UNTIL THE RETURN LOCATION REOPENS FOR BUSINESS. IF YOU FAIL TO COMPLY WITH ANY CONDITIONS SPECIFIED ON THE RENTAL AGREEMENT APPLICABLE TO SPECIAL RATES, LICENSEE’ OTHERWISE APPLICABLE RENTAL RATES WILL BE CHARGED. B. MILEAGE/KILOMETERAGE CHARGES, INCLUDING THOSE FOR EXTRA MILES/KILOMETERS, IF ANY, ARE BASED ON THE PER
MILE/KILOMETER RATE SPECIFIED ON THE RENTAL AGREEMENT. THE NUMBER OF MILES/KILOMETERS DRIVEN IS DETERMINED BY SUBTRACTING THE CAR’S ODOMETER READING AT THE BEGINNING OF THE RENTAL FROM THE READING WHEN THE CAR IS RETURNED, EXCLUDING TENTHS OF MILES/KILOMETERS. THE PER MILE/KILOMETER RATE IS THEN MULTIPLIED BY THE NUMBER OF MILES/KILOMETERS DRIVEN OR, IN THE CASE OF EXTRA MILES/KILOMETERS, BY THE NUMBER OF MILES/KILOMETERS IN EXCESS OF THE NUMBER OF MILES/KILOMETERS ALLOWED, AS SPECIFIED ON THE RENTAL AGREEMENT. THE RESULT IS THE MILEAGE/KILOMETERAGE CHARGE. C. A DROP FEE MAY BE APPLIED IF YOU RETURN THE CAR TO ANY LOCATION OTHER THAN THE LOCATION FROM WHICH IT IS RENTED. D. LDW, PAI AND ADDITIONAL CHARGES, IF APPLICABLE, ARE DUE AND PAYABLE IN FULL FOR EACH FULL OR PARTIAL RENTAL DAY, AT THE RATES SPECIFIED ON THE RENTAL AGREEMENT. E. TAXES, TAX REIMBURSEMENTS, VEHICLE LICENSING FEES, AIRPORT AND/OR HOTEL RELATED FEES AND FEE RECOVERIES, GOVERNMENTAL OR OTHER SURCHARGES AND SIMILAR FEES ARE CHARGED/RECOVERED AT THE RATES SPECIFIED ON THE RENTAL AGREEMENT OR AS OTHERWISE REQUIRED BY APPLICABLE LAW. F. RECOVERY EXPENSE CONSISTS OF ALL COSTS OF ANY KIND INCURRED BY LICENSEE IN RECOVERING THE CAR EITHER UNDER THIS AGREEMENT, OR IF IT IS SEIZED BY GOVERNMENTAL AUTHORITIES AS A RESULT OF ITS USE BY YOU, ANY AUTHORIZED OPERATOR OR ANY OTHER OPERATOR WITH YOUR, HIS OR HER PERMISSION, INCLUDING, BUT NOT LIMITED TO, ALL ATTORNEYS’ FEES AND COURT COSTS. G. COLLECTION EXPENSE CONSISTS OF ALL COSTS OF ANY KIND INCURRED BY LICENSEE IN COLLECTING CHARGES FROM YOU OR THE PERSON TO WHOM THEY ARE BILLED, INCLUDING, BUT NOT LIMITED TO, ALL ATTORNEYS’ FEES AND COURT COSTS. H. LATE PAYMENT FEES MAY BE APPLIED TO ANY BALANCE DUE FOR CHARGES THAT ARE NOT PAID WITHIN 30 DAYS OF LICENSEE’ MAILING AN INVOICE FOR SUCH CHARGES TO YOU OR THE PERSON TO WHOM THEY ARE TO BE BILLED. SUCH INVOICE MAY BE MAILED EITHER TO YOUR OR THEIR ADDRESS SPECIFIED AT TIME OF RENTAL, OR YOUR OR THEIR BILLING ADDRESS ON FILE WITH LICENSEE. ALTERNATIVELY, SUCH INVOICE MAY BE E-MAILED TO THE E-MAIL ADDRESS SPECIFIED BY YOU AT THE TIME OF, OR PRIOR TO RENTAL AND ALL E-MAIL COMMUNICATIONS SENT BY LICENSEE WILL BE AUTOMATICALLY DEEMED AS HAVING BEEN RECEIVED BY YOU. I. FINES AND OTHER EXPENSES INCLUDE, BUT ARE NOT LIMITED TO, FINES, PENALTIES, ATTORNEYS’ FEES AND COURT COSTS ASSESSED AGAINST OR PAID BY LICENSEE RESULTING FROM THE USE OF THE CAR BY YOU, ANY AUTHORIZED OPERATOR OR ANY OTHER OPERATOR WITH YOUR, HIS OR HER PERMISSION. J. CHARGES FOR ADDITIONAL SERVICES, SUCH AS GPS NAVIGATION SYSTEM AND INFANT/TODDLER CAR SEATS, IF APPLICABLE, WILL BE CHARGED AT THE RATES SPECIFIED ON THE RENTAL AGREEMENT. CHARGES FOR ADDITIONAL SERVICES, IF STATED ON THE RENTAL AGREEMENT AS A DAILY RATE, ARE DUE AND PAYABLE FOR EACH FULL OR PARTIAL RENTAL DAY. K. ANY OTHER CHARGES SPECIFIED ON THE RENTAL AGREEMENT WILL BE CHARGED AT THE APPLICABLE RATES SPECIFIED ON THE RENTAL AGREEMENT. ANY SUCH CHARGES WHICH ARE STATED ON THE RENTAL AGREEMENT AS A DAILY RATE SHALL BE DUE AND PAYABLE FOR EACH FULL OR PARTIAL RENTAL DAY. L. CHARGES WILL CONTINUE TO ACCRUE UNTIL THE CAR IS RETURNED TO LICENSEE OR, IF THE CAR HAS BEEN STOLEN, UNTIL YOU REPORT THE THEFT BOTH TO THE POLICE IN
THE JURISDICTION IN WHICH THE THEFT OCCURS AND TO LICENSEE. 8. REFUELING OPTIONS MOST LICENSEE RENTALS COME WITH A FULL TANK OF GAS, BUT THAT IS NOT ALWAYS THE CASE. THE REFUELING OPTIONS ARE: A. IF YOU DO NOT PURCHASE FUEL FROM LICENSEE AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE CAR WITH AT LEAST AS MUCH FUEL AS WAS IN IT WHEN YOU RECEIVED IT, YOU WILL NOT PAY A CHARGE FOR FUEL. B. IF YOU DO NOT PURCHASE FUEL FROM LICENSEE AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE CAR WITH LESS FUEL THAN WAS IN IT WHEN YOU RECEIVED IT, LICENSEE WILL CHARGE YOU A FUEL AND SERVICE CHARGE AT THE APPLICABLE PER-MILE/KILOMETER OR PER-LITER RATE SPECIFIED ON THE RENTAL AGREEMENT. C. THE PER-MILE/KILOMETER RATE IS USED IF YOU DO NOT BUY FUEL DURING THE RENTAL. TO CALCULATE THIS AMOUNT, LICENSEE MULTIPLIES THE NUMBER OF MILES/KILOMETERS DRIVEN AS SHOWN ON THE CAR’S ODOMETER, TIMES THE PER-MILE/KILOMETER RATE SHOWN ON THE RENTAL AGREEMENT. D. THE PER-LITER RATE IS USED IF YOU BUY FUEL DURING THE RENTAL BUT THE TANK IS NOT AS FULL WHEN YOU RETURN THE CAR AS WHEN YOU RECEIVED IT. TO CALCULATE THIS AMOUNT LICENSEE MULTIPLIES THE NUMBER OF LITERS NEEDED TO REFILL THE FUEL TANK TO THE LEVEL IT WAS AT WHEN YOU RECEIVED THE CAR, TIMES THE PER-LITER RATE. ALTHOUGH TWO METHODS ARE USED FOR EASE OF CALCULATION, THE PER-MILE/KILOMETER AND PER-LITER RATES PRODUCE APPROXIMATELY THE SAME RESULT. E. IF YOU CHOOSE TO PURCHASE FUEL FROM LICENSEE AT THE BEGINNING OF YOUR RENTAL BY SELECTING THE PREPAID FUEL OPTION, YOU WILL BE CHARGED AS SHOWN ON THE RENTAL AGREEMENT FOR THAT PURCHASE. IF YOU CHOOSE THIS OPTION, YOU WILL NOT INCUR AN ADDITIONAL FUEL AND SERVICE CHARGE, BUT YOU WILL NOT RECEIVE ANY CREDIT FOR FUEL LEFT IN THE TANK AT THE TIME OF RETURN. EXCEPT FOR RENTALS AS TO WHICH CLAUSE (A) OR (B) OF SUBPARAGRAPH (3) BECOMES APPLICABLE, THE PER-LITER COST OF THE PREPAID FUEL OPTION WILL ALWAYS BE LOWER THAN FUEL AND SERVICE CHARGE, BUT IF YOU ELECT THE PREPAID FUEL OPTION YOU WILL NOT RECEIVE CREDIT FOR FUEL LEFT IN THE TANK AT THE TIME OF RETURN EXCEPT IN THE CASE DESCRIBED IN SUBPARAGRAPH (3) (I). THE COST OF REFUELING THE CAR YOURSELF AT THE LOCAL SERVICE STATION WILL GENERALLY BE LOWER THAN THE FUEL AND SERVICE CHARGE OR THE PREPAID FUEL OPTION. HOWEVER, THE FUEL AND SERVICE CHARGE AND THE PREPAID FUEL OPTION ALLOW FOR THE CONVENIENCE OF NOT HAVING TO STOP AND REFUEL THE CAR PRIOR TO RETURN. 9. RESPONSIBILITY FOR PROPERTY YOU AGREE THAT LICENSEE IS NOT RESPONSIBLE TO YOU, ANY AUTHORIZED OPERATORS OR ANYONE ELSE FOR ANY LOSS OF OR DAMAGE TO YOUR OR THEIR PERSONAL PROPERTY CAUSED BY YOUR OR THEIR ACTS OR OMISSIONS, THOSE OF ANY THIRD PARTY OR, TO THE EXTENT PERMITTED BY LAW, BY LICENSEE’ NEGLIGENCE. YOU AND ANY AUTHORIZED OPERATORS HEREBY WAIVE ANY CLAIM AGAINST LICENSEE, ITS AGENTS OR EMPLOYEES, FOR LOSS OF OR DAMAGE TO YOUR OR ANYONE ELSE’S PERSONAL PROPERTY, WHICH INCLUDES, WITHOUT LIMITATION, PROPERTY LEFT IN ANY LICENSEE VEHICLE OR BROUGHT ON LICENSEE’ PREMISES, CAUSED BY YOU OR ANY AUTHORIZED
OPERATOR, BY ANY THIRD PARTY OR, TO THE EXTENT PERMITTED BY LAW, BY LICENSEE’ NEGLIGENCE WHETHER IN WHOLE OR IN PART. YOU AND ANY AUTHORIZED OPERATORS AGREE TO INDEMNIFY AND HOLD LICENSEE HARMLESS FROM ANY CLAIM AGAINST LICENSEE FOR LOSS OF OR DAMAGE TO PERSONAL PROPERTY THAT IS CONNECTED WITH ANY RENTAL UNDER THIS AGREEMENT. 10. LIABILITY PROTECTION THE FOLLOWING SUBPARAGRAPH (A) APPLIES TO RENTALS COMMENCING IN ARUBA, WHICH HAVE LAWS THAT REQUIRE CAR RENTAL COMPANIES TO CARRY INSURANCE THAT PROVIDES PRIMARY LIABILITY PROTECTION; WITHIN THE LIMITS STATED IN THIS SUBPARAGRAPH, LICENSEE WILL INDEMNIFY, HOLD HARMLESS, AND DEFEND YOU AND ANY OTHER AUTHORIZED OPERATORS FROM AND AGAINST LIABILITY TO THIRD PARTIES, WHICH BY DEFINITION EXCLUDES ANY OF YOUR OR ANY AUTHORIZED OPERATORS’ FAMILY MEMBERS RELATED BY BLOOD, MARRIAGE OR ADOPTION RESIDING WITH YOU OR THEM, FOR BODILY INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE, IF THE ACCIDENT RESULTS FROM THE USE OF THE CAR AS PERMITTED BY THIS AGREEMENT. THE LIMITS OF THIS PROTECTION, INCLUDING OWNER’S LIABILITY, ARE THE SAME AS THE MINIMUM LIMITS REQUIRED BY THE AUTOMOBILE FINANCIAL RESPONSIBILITY LAW OF ARUBA. THESE LIMITS MAY NOT BE ADEQUATE TO FULLY COVER YOUR LIABILITY IN THE EVENT THAT YOU ARE INVOLVED IN AN ACCIDENT. THIS PROTECTION WILL CONFORM SOLELY TO THE BASIC REQUIREMENTS OF ANY APPLICABLE MANDATORY “NO FAULT” LAW, BUT DOES NOT INCLUDE “UNINSURED MOTORIST,” “UNDERINSURED MOTORIST,” “SUPPLEMENTARY NO FAULT” OR ANY OTHER OPTIONAL COVERAGE. TO THE EXTENT PERMITTED BY LAW, LICENSEE AND YOU HEREBY WAIVE AND REJECT THE INCLUSION OF ANY SUCH PROTECTION. IF SUCH PROTECTION IS IMPOSED BY OPERATION OF LAW, THEN THE LIMITS OF SUCH PROTECTION WILL BE THE MINIMUM REQUIRED FOR PRIMARY LIABILITY PROTECTION BY THE LAW OF ARUBA. LICENSEE WARRANTS THAT THE PROTECTION DESCRIBED IN THIS SUBPARAGRAPH IS PRIMARY WITH RESPECT TO ANY INSURANCE COVERAGE WHICH YOU OR AN AUTHORIZED OPERATOR MAY HAVE.
11. ACCIDENTS, THEFT AND VANDALISM YOU MUST PROMPTLY AND PROPERLY REPORT ANY ACCIDENT, THEFT OR VANDALISM INVOLVING THE CAR TO THE LICENSEE AND TO THE POLICE IN ARUBA. YOU SHOULD OBTAIN DETAILS OF WITNESSES AND OTHER VEHICLES INVOLVED AND THEIR DRIVERS, OWNERS AND RELEVANT INSURANCES WHEREVER POSSIBLE. IF YOU OR ANY AUTHORIZED OPERATOR RECEIVE ANY PAPERS RELATING TO SUCH AN INCIDENT, THOSE PAPERS MUST BE PROMPTLY GIVEN TO LICENSEE. YOU AND ANY AUTHORIZED OPERATORS MUST COOPERATE FULLY WITH LICENSEE’ INVESTIGATION OF SUCH INCIDENT AND DEFENSE OF ANY RESULTING CLAIM. FAILURE TO COOPERATE FULLY MAY VOID ALL THEFT PROTECTION, PAI AND DAMAGE WAIVERS, INCLUDING LDW. YOU AND ANY AUTHORIZED OPERATORS AUTHORIZE LICENSEE TO OBTAIN ANY RECORDS OR INFORMATION RELATING TO ANY INCIDENT, CONSENT TO THE JURISDICTION OF THE COURTS OF ARUBA AND WAIVE ANY RIGHT TO OBJECT TO SUCH JURISDICTION. IF THEFT PROTECTION COVERAGE WAS A MANDATORY CONDITION TO THE RENTAL OF THE CAR, AND THE CHARGES FOR THIS COVERAGE APPEAR ON YOUR RENTAL AGREEMENT, AND YOU HAVE FULLY COMPLIED WITH ALL CONDITIONS IN THIS RENTAL AGREEMENT, YOUR LIABILITY IN CASE OF THEFT OR VANDALISM TO THE CAR WILL BE
REDUCED TO THE AMOUNT OF THE APPLICABLE DEDUCTIBLE FOR THIS COVERAGE.
12. LIMITS ON LIABILITY LICENSEE WILL NOT BE LIABLE TO YOU OR ANY AUTHORIZED OPERATORS FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING IN ANY WAY OUT OF ANY MATTER COVERED BY THIS AGREEMENT. 13. PARKING AND TRAFFIC VIOLATIONS WAIVER YOU WILL BE RESPONSIBLE FOR AND PAY ALL PARKING OR TRAFFIC VIOLATION FEES, FINES AND PENALTIES, ALL TOWING, STORAGE AND IMPOUNDMENT FEES, CHARGED TO THE CAR, ARISING OUT OF USE, POSSESSION OR OPERATION OF THE CAR BY YOU OR WITH YOUR PERMISSION. YOU AGREE TO PAY SAME AND INDEMNIFY AND HOLD LICENSEE HARMLESS IF LICENSEE PAYS OR IS REQUIRED TO PAY SAME. YOU ALSO AGREE TO REIMBURSE LICENSEE FOR ALL ITS RELATED COLLECTION AND OTHER EXPENSES, INCLUDING AN ADMINISTRATIVE FEE RELATED TO THE COST OF COLLECTION OR TO THE COST OF PROVIDING INFORMATION ABOUT YOU TO A COURT OR GOVERNMENTAL AGENCY IN CONNECTION WITH ANY PARKING OR TRAFFIC VIOLATIONS. THE AMOUNT OF THE ADMINISTRATIVE FEE WHICH YOU WILL BE CHARGED IF LICENSEE IS REQUIRED TO PAY SUCH A PARKING CITATION IS AT LEAST US$ 10 PER CITATION; TO AVOID THIS, YOU ARE ENCOURAGED TO PAY ALL PARKING CITATIONS PROMPTLY AND DIRECTLY TO THE COURT. 14. OPTIONAL SERVICES; CAR CLASS THE AMOUNTS DISPLAYED ON YOUR RENTAL AGREEMENT FOR OPTIONAL SERVICES AND/OR ADDITIONAL CHARGES CONFIRM THAT YOU HAVE REQUESTED – AND SUBSEQUENTLY AGREE TO PAY FOR – THESE OPTIONAL SERVICES AND THIS CAR CLASS FOR THE DURATION OF THE RENTAL; IN ORDER TO SELECT DIFFERENT OPTIONAL SERVICES, YOU MUST ADVISE AN AUTHORIZED REPRESENTATIVE OF LICENSEE OF YOUR DECISION IN PERSON WITHIN 4 HOURS OF THE COMMENCEMENT OF THE RENTAL AND HAVE THE REPRESENTATIVE REVISE AND REPRINT THE RENTAL AGREEMENT TO REFLECT YOUR ELECTIONS. YOU MAY SELECT A DIFFERENT CAR CLASS THAN THE ONE LISTED IN YOUR RESERVATION AT THE TIME OF RENTAL FOR WHICH YOU WILL BE CHARGED AN UPSELL FEE AS SHOWN ON YOUR RENTAL AGREEMENT. THE CLASSES OF CARS WHICH ARE GENERALLY AVAILABLE (SUBJECT IN ALL CASES TO LOCAL AVAILABILITY) FOR RENTALS IN ARUBA INCLUDE COMPACT, MID-SIZE, FULL-SIZE 4-DOOR, PREMIUM, AND SUV. DEPENDING ON LOCAL AVAILABILITY, SPECIALTY VEHICLES SUCH AS MINIVANS, PICK UP TRUCKS AND EXTENDED PASSENGER VANS MAY BE RENTED FOR APPLICABLE UPSELL CHARGES IF AVAILABLE AT THE COMMENCEMENT OF YOUR RENTAL. ADDITIONAL AND MORE SPECIFIC INFORMATION, INCLUDING RATES AND CHARGES ARE AVAILABLE AT THE RENTAL COUNTER OR CAN BE OBTAINED BY SUBMITTING A WRITTEN REQUEST TO LICENSEE.
15. GOVERNING LAWS THE LAWS GOVERNING THIS AGREEMENT AND ANY DISPUTES ARISING FROM THIS AGREEMENT ARE EXCLUSIVELY GOVERNED BY THE LAWS OF ARUBA.
16. TRAFFIC LAWS AND ADDITIONAL REGULATIONS A. THE TRAFFIC LAWS AND REGULATIONS MAY BE DIFFERENT THAN THOSE OF YOUR COUNTRY. FAMILIARIZE YOURSELF WITH THE LOCAL TRAFFIC LAWS AND REGULATIONS. B. RIGHT TURN ON RED IS NOT PERMITTED AT ANY TIME. C. THE PASSENGER CAPACITY OF THE RENTAL VEHICLE IS DETERMINED BY
THE NUMBER OF AVAILABLE SEAT BELTS AND MUST NEVER BE EXCEEDED. WHILE IN THE VEHICLE THE LAWS OF ARUBA REQUIRE ALL PASSENGERS TO WEAR A SEAT BELT. YOU MUST SECURE INFANTS AND SMALL CHILDREN IN APPROVED CHILD SEATS. SHOULD YOUR PASSENGER CAPACITY REQUIRE A LARGER VEHICLE, PLEASE CHECK AT THE RENTAL COUNTER FOR AVAILABILITY. D. SMOKING IS STRICTLY PROHIBITED IN THE RENTAL VEHICLE. AN EXCESS CLEANING FEE OF US$ 250 WILL APPLY FOR VIOLATIONS. E. DO NOT LEAVE ANY VALUABLES IN THE CAR. PERSONAL EFFECTS AND BELONGINGS ARE NOT COVERED BY ANY PROTECTION PACKAGE. LICENSEE CANNOT BE HELD RESPONSIBLE FOR ANY LOSS AND/OR THEFT OF VALUABLES FROM THE RENTED VEHICLE. WHEN CAR IS ON RENT IS SHOULD BE LOCKED AT ALL TIMES WHEN UNATTENDED TO PREVENT THEFT. F. IF AN ACCIDENT HAS BEEN CAUSED DUE TO A TRAFFIC VIOLATION, I.E. DRIVING FASTER THAN THE LAW PERMITS, DRIVING THRU A RED TRAFFIC LIGHT ETC, THE INSURANCE WILL BE AUTOMATICALLY DECLINED (IF ACCEPTED) AND YOU WILL BE RESPONSIBLE FOR ALL COSTS OF THE DAMAGE CAUSED TO THE RENTED VEHICLE. . G. DRIVING ON UNPAVED AND/OR SANDY ROADS IS PROHIBITED. ALL RISKS AND COSTS OF DAMAGE AND TOWING ARE FOR RENTERS ACCOUNT. RENTERS RIGHTS TO INSURANCE COVERAGE (IF ACCEPTED) WILL BE DECLINED AUTOMATICALLY. H. EACH CAR IS PROVIDED WITH A SPARE TIRE AND THE NECESSARY TOOLS. IN CASE OF A FLAT TIRE THE RENTER IS RESPONSIBLE FOR REPLACING THIS TIRE AND ALSO THE COSTS OF REPAIRING THE TIRE. I. IN CASE OF JOYRIDING/THEFT THE RENTER NEEDS TO NOTIFY THE POLICE DEPARTMENT AT THE EMERGENCY TELEPHONE NUMBER. J. IN CASE OF AN ACCIDENT, THE RENTER SHOULD CONTACT THE ROAD SERVICE PROVIDER. THE INSURANCE COMPANIES REQUIRE A POLICE REPORT TOGETHER WITH A ROAD SERVICE REPORT. FAILURE TO CONTACT POLICE AND/OR ROAD SERVICE WILL RESULT IN AUTOMATIC DECLINE OF INSURANCE COVERAGE (IF ACCEPTED) AND RENTER WILL BE RESPONSIBLE FOR THE FULL VALUE OF THE DAMAGE. RENTER NEEDS TO NOTIFY LICENSEE IMMEDIATELY IN CASE OF AN ACCIDENT OR JOYRIDING. A DAMAGE REPORT NEEDS TO BE SUBMITTED WITHIN 24 HOURS OF THE ACCIDENT AT LICENSEE’S HEAD OFFICE. FAILURE TO PROVIDE A DAMAGE REPORT, WILL RESULT IN AUTOMATIC DECLINE OF INSURANCE COVERAGE (IF ACCEPTED) AND RENTER WILL BE RESPONSIBLE FOR THE FULL VALUE OF THE DAMAGE. K. LOST KEYS OF THE RENTED VEHICLE WILL INCUR A CHARGE OF US$ 300 TO THE RENTAL AGREEMENT. IF RENTER HAS LOCKED THE KEYS IN THE VEHICLE A FEE OF US$ 20 WILL BE CHARGED FOR UNLOCK SERVICE. L. NO REFUNDS ON OPTIONAL ITEMS AFTER 24 HOURS OF ACCEPTING THESE OPTIONAL ITEMS BY RENTER.