INCuracao Car Rental B.V. Terms and Conditions

Article 1: Definitions

1. Vehicle: The vehicle or any other object being the subject of the rental agreement.
2. Renter: The natural individual or legal entity concluding the rental agreement in the capacity of Renter.
3. INCuracao Car Rental B.V.: The company that signs the rental agreement as a representative of the renting party.
4. Consumer: The client being a natural individual who has concluded the rental agreement while not acting in the course of their business or profession.
5. Rental Fee: The amount due to be paid by the Renter to INCuracao Car Rental B.V., including fees for additional services and administration.
6. Damage: Any financial loss directly or indirectly suffered by INCuracao Car Rental B.V. due to:
   • Damage to or loss of the vehicle, accessories, or parts, or any other object belonging to INCuracao Car Rental B.V. This includes all costs of repairing or replacing the vehicle, as well as any loss of rental fees.
   • Harm or injury inflicted on any individual or object with or by means of the vehicle, for which INCuracao Car Rental B.V., the vehicle license-holder, or the liability insurer of the vehicle is liable.
   • Harm or injury inflicted by the authorized driver to INCuracao Car Rental B.V., for which INCuracao Car Rental B.V., the vehicle license-holder, or the liability insurer of the vehicle is liable; especially those traffic tickets inflicted by the authorized driver or fines enforced by the judiciary authorities.
7. Driver: The Renter or the (authorized) individual actually driving the vehicle.

Article 2: Rental Agreement and Vehicle Use

1. Property Ownership: The vehicle is the sole property of INCuracao Car Rental B.V.
2. Rental Agreement: This agreement is for rental purposes only and does not confer ownership.

Article 3: Insurance, Liability, and Vehicle Use

1. Full Coverage Insurance
   • If the renter opts for Full Coverage Insurance, the cost of vehicle repairs is limited to the deductible amount per event.
   • Deductibles: ANG 600 (incl. VAT) per incident, ANG 1800 (incl. VAT) for total loss.
2. Exclusions
   • The renter is fully responsible for damages resulting from:
     • Ignoring dashboard warning signs.
     • Failing to submit a CRS report in case of damage.
     • Driving under the influence of alcohol, drugs, or medication.
     • Damage to property or injury to persons in the vehicle.
3. No Insurance
   • If Full Coverage Insurance is not chosen, the renter is liable for repair costs up to ANG 15000 (incl. VAT).
4. Proper Use and Condition
   • The Renter must handle the vehicle properly, ensuring it is used in accordance with its intended purpose and with necessary driver proficiency. The Renter must return the vehicle to INCuracao Car Rental B.V. in its original condition. Any changes and additions to the vehicle are prohibited.
   • The vehicle must be returned with the same amount of fuel as at the start of the rental. A fee of ANG 40 (incl. VAT) per quart less will be charged if this condition is not met. The Renter is responsible for using the correct type of fuel.
   • The Renter is required to sufficiently secure any cargo and ensure not to carry a greater load than the vehicle is designed for.
5. Authorized Drivers
   • Only the individuals authorized in the rental agreement are allowed to drive the vehicle. The Renter must ensure that all authorized drivers have a valid driving license and are in good physical and mental condition to drive safely. The Renter is fully liable for all damages resulting from unauthorized use.
6. Prohibited Uses
   • The vehicle shall not be used:
     • To carry persons or property for hire.
     • To propel or tow any vehicle, trailer, or other object.
     • In any race, test, or contest.
     • By any person under the influence of alcohol, drugs, or other substances.
     • To transport hitchhikers or animals.
     • For contests or performance tests of any kind.
     • On unpaved terrain or terrains unsuitable for the vehicle.
7. Subletting and Representation
   • The Renter is not allowed to rent out the vehicle to any third parties unless written permission is received from INCuracao Car Rental B.V. The Renter cannot bind INCuracao Car Rental B.V. to any third parties.
8. Maintenance and Cleaning
   • The Renter must maintain the vehicle’s engine oils and tire levels according to the manufacturer’s specifications and present the vehicle for regular maintenance. Vehicles are rented clean and must be returned in a reasonably clean condition. A cleaning fee of ANG 40 (incl. VAT) or ANG 65 (incl. VAT) may be charged if not returned in such condition. Avoid sitting on seats with wet clothing to maintain the vehicle’s interior condition.
9. Keys and Security
   • If the vehicle key is lost, the Renter will be charged for the replacement of the ignition set, keys, and all locks. The cost depends on the vehicle type. If keys are locked inside the vehicle, a fee of ANG 45 (incl. VAT) will be charged to bring the spare key.
10. Control Loss and Damage Events
    • If the Renter loses control of the vehicle, they must inform INCuracao Car Rental B.V. immediately. In case of any event causing damage, the Renter must:
      • Inform INCuracao Car Rental B.V. by telephone immediately.
      • Follow INCuracao Car Rental B.V.’s instructions.
      • Warn the local police (Telephone #: 911).
      • Inform Curaçao Forensys (Telephone #: 9233).
      • Volunteer all information and documents relating to the event to INCuracao Car Rental B.V. or their insurer.
      • Submit a completed and signed claim form within 48 hours.
      • Refrain from accepting blame.
      • Protect the vehicle against further damage or loss.
      • Cooperate fully with INCuracao Car Rental B.V. to collect damages or fend off claims.
11. Border Crossing
    • The Renter is not allowed to take the vehicle across the Curaçao border.
12. Non-Return
    • If the vehicle is not returned within the agreed period, no refund will be given, and all costs related to the recovery of the vehicle will be at the Renter’s expense.

Article 4: Accidents and Theft

1. Reporting
   • Any accidents, theft, joyrides, or damage must be reported to INCuracao Car Rental B.V. immediately (Telephone: +5999 511-1100).
2. Theft and Joyride
   • In the event of theft or joyriding, the renter is fully responsible for all costs.
3. Malfunction and Damage
   • Any malfunction or damage must be reported as soon as possible. The renter is responsible for all costs arising from theft (e.g., broken windows).
4. Parking and Traffic Violations
   • The renter is responsible for and must pay for all parking and traffic violations.

Article 5: Prolongation and Early Return

1. Extension
   • Extensions must be requested at least two days before the return date. Failure to do so may result in the loss of extension rights.
2. Refunds
   • Refunds are only provided for urgent reasons and are at the discretion of INCuracao Car Rental B.V.

Article 6: Renter’s Liability for Damage

1. Initial Condition
   • Unless the rental documents (the images and videos) completed at the start of the rental period indicate otherwise, you are assumed to have received the vehicle without any visible defects or damage. The images and videos will document any damage to the car, including any existing damages prior to renting, and will be sent to you via email, WhatsApp, iMessage, or other social media. Please ensure you provide a valid email address.
2. Responsibility
   • The Renter is responsible for all damages to INCuracao Car Rental B.V. caused by any event during the rental period or that is connected otherwise with the rental of the vehicle, with due regard for the below-mentioned.
3. Excess
   • Should an excess have been agreed in the rental agreement, the Renter’s liability for damage per damage case is limited to the amount of the excess, unless:
     • The damage was caused during or as a result of any act or omission in violation of Article 3.
     • The damage has arisen as a consequence of using the vehicle on unpaved terrain, or use of the vehicle on terrain for which the vehicle apparently is unsuited, or about which the Renter or the authorized driver has been informed that entering the terrain takes place at one’s own risk.
     • The damage has arisen with the approval of, or through intentional act or gross negligence of the Renter.
     • The vehicle has been rented to a third party, also if INCuracao Car Rental B.V. has agreed to this.
     • The damage concerned is third-party damage as a consequence of any harm through or with the vehicle, and the Third-party Liability Insurance concluded for the vehicle does not cover this on the grounds that any stipulation in policy terms and conditions has been transgressed. Policy terms and conditions are available for perusal at INCuracao Car Rental B.V.’s company address and will be sent to the Renter without cost at his first request. In case a stipulation in the policy terms regarding accidental damage is incompatible with those in the rental agreement, the stipulations of the rental agreement prevail.
     • The damage has arisen through loss of the vehicle and/or the vehicle keys, or the operation of the alarm installation, and/or the documents belonging to the vehicle (such as the vehicle registration certificate and border documents) have not all been returned to INCuracao Car Rental B.V.
     • The damage is the consequence of the realization of the danger connected with the transport, storage, loading, and unloading of dangerous, explosive, flammable, oxidizable, or poisonous substances. In all the above-mentioned cases, the Renter will be fully liable for all damages, including consequential damage/loss.
4. Insurance Payments
   • Should a payment be made to INCuracao Car Rental B.V. or to a third party pursuant to an insurance agreement concluded obligatorily or non-obligatorily by INCuracao Car Rental B.V. to cover the risk of accidental damage or against the risk of third-party liability, this has no effect on the Renter’s liability.
5. High Excess
   • Deviating from the agreed excess, a high excess applies of:
     • A maximum of ANG 2000 (incl. VAT) for the Renter who is a consumer.
     • A maximum of ANG 5000 (incl. VAT) for the Renter who is not a consumer, for damage arising as a consequence of damage to or inflicted by any part of the vehicle at a distance of more than two meters above the ground or inflicted by any part of the load above this height.
6. Lost Income
   • The damage as a consequence of the inability to rent the vehicle during the periods of repair or replacement will be determined in advance to be the number of days it takes to repair or replace the vehicle multiplied by the daily rental fee minus 10% in connection with savings on variable expenses.

Article 7: Privacy

1. Personal Data
   • Personal data of the renter and any additional drivers will be used in accordance with applicable privacy laws. This data may be used for the execution of the rental agreement, customer relationship management, and for direct marketing purposes by INCuracao Car Rental B.V. and its partners.
2. Third Parties
   • Personal data will not be shared with third parties without the renter’s consent, except as required by law or necessary for the execution of the rental agreement.
3. Data Protection
   • INCuracao Car Rental B.V. will take appropriate technical and organizational measures to protect personal data against loss or any form of unlawful processing.

Article 8: Governing Law and Jurisdiction

1. Governing Law
   • These terms and conditions, as well as the rental agreement, are governed by the laws of Curaçao.
2. Dispute Resolution
   • Any disputes arising from or related to these terms and conditions, or the rental agreement shall be submitted to the competent court in Curaçao.

Article 9: Amendments and Updates

1. Amendments
   • INCuracao Car Rental B.V. reserves the right to amend these terms and conditions at any time. The amended terms will be effective upon publication on the INCuracao Car Rental B.V. website or other communication means.
2. Notification
   • Renters will be notified of any significant changes to these terms and conditions.

Article 10: Final Provisions

1. Severability
   • If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
2. Entire Agreement
   • These terms and conditions, together with the rental agreement, constitute the entire agreement between the parties and supersede all prior agreements, understandings, and arrangements, whether oral or written, relating to the subject matter hereof.
3. No Waiver
   • The failure of INCuracao Car Rental B.V. to enforce any provision of these terms and conditions shall not be considered a waiver of the right to enforce such provision.
4. Assignment
   • The Renter may not assign or transfer any of their rights or obligations under these terms and conditions or the rental agreement without the prior written consent of INCuracao Car Rental B.V.
5. Contact Information
   • For any questions or further information, please contact:
     • INCuracao Car Rental B.V.
     • Telephone: +5999 511-1100
     • Email:
     • Website:

Article 11: Termination of Rental Agreement

1. Termination by INCuracao Car Rental B.V.: INCuracao Car Rental B.V. reserves the right to terminate the rental agreement without notice or proof of default and without intervention of the court under the following circumstances:

• Non-Fulfillment of Obligations: If the Renter fails to fulfill one or more obligations under the rental agreement.
• Death or Incapacity: In the event of the Renter’s death, placement under custody, or declaration of bankruptcy.
• Financial Circumstances: If the Renter requests suspension of payment or if circumstances arise during the rental period that, if known, would have prevented the rental agreement from being entered into.
• Vehicle Seizure: If the rented vehicle is seized during the rental period.
• Change of Residence: If the Renter moves abroad during the rental period.

2. Renter’s Obligations: In any of the above cases, the Renter must cooperate fully to facilitate the prompt return of the vehicle to INCuracao Car Rental B.V.
3. Exclusion of Liability: INCuracao Car Rental B.V. shall not be liable for damages arising from the termination of the rental agreement under these circumstances.
4. Early Termination by the Renter: The Renter may terminate the rental agreement early by notifying INCuracao Car Rental B.V. in writing. Early termination fees may apply.

Article 12: Force Majeure

1. Definition
   • Neither party shall be liable for any failure to perform its obligations under this agreement if such failure results from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fires, explosions, earthquakes, floods, strikes, lockouts, labor disputes, or any other similar cause beyond the reasonable control of the party affected.

Article 13: Indemnification

1. Indemnity
   • The Renter agrees to indemnify and hold harmless INCuracao Car Rental B.V., its employees, agents, and affiliates, from and against any claims, liabilities, damages, losses, and expenses, including but not limited to legal fees and costs, arising out of or in connection with the Renter’s use or misuse of the vehicle.

Article 14: Entire Agreement

1. Modification
   • These terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, whether written or oral.
   • No modification, amendment, or waiver of any provision of this agreement shall be effective unless in writing and signed by both parties.

Article 15: Notices

1. Method of Notice
   • Any notices or communications required or permitted to be given under these terms and conditions shall be in writing and delivered to the parties at their addresses provided in the rental agreement or via electronic means (email).

Article 16: Language

1. Language of Agreement
   • These terms and conditions are originally drafted in English, and any translations are for convenience only. In case of discrepancies, the English version shall prevail.

Article 17: Acceptance of Terms

1. Acknowledgment
   • The Renter acknowledges having read, understood, and agreed to these terms and conditions, including any attached schedules and policies.

Article 18: Signature

1. Execution
   • This agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

INCuracao Car Rental B.V.