Terms & Conditions
Terms & Conditions These Terms and Conditions form part of the Rental Agreement (“Agreement”), which consists of the following parts: 1) the Terms and Conditions, 2) an individualized rental document signed by the Renter, 3) a return document with final charges, and any amendments. This Agreement is for the rental of the Vehicle described on the rental document. This Agreement is between the Renter signing it (“I”, “Me”, or “My”) and Smart Wheels B.V., an independent Smart Wheels licensee identified on the rental document (“Company”, “You”,”Your”). I, the Renter, agree to all Terms and Conditions of this Agreement, including the rental and return documents. I understand that I may not rent a Vehicle with You, if I do not comply with Your current rental qualifications as described, but not limited to, the Terms and Conditions of the Company.
I understand that You own the Vehicle. The Vehicle includes – inter alia – tires, tools, equipment, accessories, keys and Vehicle documents. The Vehicle is delivered to me in good operating condition solely for rental purposes. I understand only You can transfer the ownership title (“transfer”) of the Vehicle. Attempted transfer by me or anyone else other than the Company, is void and will be reported to the Curaçao Police Department as felony embezzlement. No one may service or repair the Vehicle without Your prior approval and consent. I am aware that damage(s) resulting from service or repair to Your Vehicle without prior approval and consent are not covered by Your optional Collision Damage Waiver as described in part 7 of these Terms and Conditions. I understand that I will be held financially responsible for such damage(s).
I AGREE THAT YOU MAKE NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE VEHICLE, ITS MERCHANTABILITY OR FITNESS FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE RENTAL OF THE VEHICLE TO ME.
2. WHO MAY DRIVE THE VEHICLE – AUTHORIZED DRIVER(S)
a. I represent that I am a capable and validly licensed driver, 19 years of age, or older.
b. The Vehicle shall NOT be operated by anyone except me, and qualified Additional Authorized Driver(s) who are capable and validly licensed drivers, 19 years of age or older and have my prior permission to drive the Vehicle. In addition, an Additional Driver must be: i. person(s) who has signed the Rental document of this Agreement as an Additional Authorized Driver(s) after being qualified by the Company; These are the only Additional Authorized Driver(s) who may drive the Vehicle, except as otherwise required by applicable law. Additional Driver(s) and I shall be referred to in this Agreement as Authorized Driver(s).
c. If I, or any Additional Authorized Driver(s), am/is 19 -23 years of age, I agree to an additional daily fee to be determined by the Company.
d. If I, or any Additional Authorized Driver(s), allow person(s) under the age of 19, to drive the Vehicle, all optional coverage options are void and I will be held personally financially responsible for any damages to the Vehicle.
3. VEHICLE RETURNS
I agree to return the Vehicle to You in the same condition in which I received it, except for ordinary wear and tear. I agree to return the Vehicle to Your location, either on the due date and time specified on the Rental document or upon Your demand. Smart Wheels charges a fee equivalent to a day of rental if the vehicle is returned late, after the agreed time. I understand that if I wish to extend the rental period beyond the return date and time shown on the rental document, I must go to Your rental location and sign a new Agreement to extend the rental period (Extension). An Extension is subject to availability and is not automatic. The Company, in its sole discretion, may refuse an Extension. Unless a new Agreement is properly obtained extending the rental period, all coverage products and protection options under the expired Agreement may be voided. Failure to obtain a new Rental Agreement to replace one which has expired may result in the Company filing a “stolen property” report with the Curaçao Police Department for the Vehicle and the person responsible. I understand that I will pay for all loss or estimated damages to the Vehicle including, but not limited to, loss of use, claims processing fees and administrative charges for the days I did not return the Vehicle according to the date and time agreed, as permitted by Curaçao law. In case of early termination of the rental agreement, no refund will be provided.
4. VEHICLE REPOSSESSION
You may repossess the Vehicle without demand at my expense if the Vehicle is found illegally parked, apparently abandoned, used in violation of law or of this Agreement, past the return due date, or for a Prohibited Use as described in this Agreement.
5. PROHIBITED USES OF THE VEHICLE
I agree that the Vehicle shall NOT be used by, or for, any of the following PROHIBITED USES, subject to applicable law:
a. By an unauthorized driver(s);
b. By any driver under the influence of alcohol, drugs, intoxicants or any other substance known to impair the ability to drive;
c. For any illegal purpose;
d. By anyone who gives the Company a false name, address, age or other false or misleading information;
e. In any abusive or reckless manner, including, but not limited to, careless driving or reckless actions at any time, including during fire, acts of God or acts of terrorism;
f. To carry persons, or property, for hire;
g. To tow or push other vehicles or objects; h. In any race, test, contest, or training activity;
i. On unpaved roads or off-road activity.
I UNDERSTAND THAT IF THE VEHICLE IS USED FOR ANY PROHIBITED USE OR IN VIOLATION OF THIS AGREEMENT, THE AGREEMENT SHALL BE VOID AND I SHALL BE FULLY RESPONSIBLE FOR ALL LOSS AND RESULTING DAMAGES, INCLUDING LOSS OF USE, CLAIMS PROCESSING FEES, ADMINISTRATIVE CHARGES AND ATTORNEY’S FEES. ALSO, THE CDW-TP AND DP OPTION SHALL BE VOID.
6. VEHICLE DATA
Your Vehicle may be equipped with functionalities that require me to share my data (e.g. Bluetoothoperated devices). I understand that you cannot guarantee the privacy or confidentiality of the data shared and that it is my responsibility to erase such data before return of the Vehicle to you. If I do not do this, the next user of the Vehicle will be able to access this information. I also understand that if your vehicle has been reported as “stolen property”, you may request access to the necessary Vehicle Telematics data from the relevant data supplier.
a. Minimum Charges – I understand the minimum rental charge is for one day (24 hours), beginning at the time of rental.
b. I agree to pay You upon demand:
i. All charges related to the rental of the Vehicle and optional equipment or services, which include, but are not limited to, rental rate, late fees, government taxes, airport fees, hotel fees, roadside assistance fees, recovery fees, and all other amounts incurred as a result of this rental transaction,
ii. Vehicle Damage – Regardless of fault, all loss or estimated damage to Vehicle, including loss of use, claims processing fees and administrative charges, as permitted by law, while renting under this Agreement. This potential cost is eliminated if I accept the Collision Damage Waiver & Deductible Protection Option and comply with the Terms and Conditions of the Agreement,
iii. Collection and Vehicle Recovery Expenses – All expenses of any kind incurred as a result of collecting amounts due to recovery of Vehicle, including reasonable attorney’s fees,
iv. Fines and Penalties – Fines and Penalties arising out of the use of the Vehicle during my rental.
c. I understand that the Company only accepts payment by major credit cards and I authorize You to reserve credit with the card issuer in an amount equal to the approximate cost of the vehicle rental, optional service(s), taxes/fees and additional credit up to US$ 1,000.00. You may bill my card issuer at the time of reservation or upon return of the Vehicle.
d. I understand that if I wish to pay the Company by an alternative method of payment, I should request written consent from the Company 72 hours before Vehicle pick-up.
I UNDERSTAND THAT ALL CHARGES ARE SUBJECT TO A FINAL AUDIT AND THEREFORE AUTHORIZE YOU TO APPLY CREDITS OR CHARGES RELATED TO THIS AGREEMENT AFTER VEHICLE RETURN TO THE CREDIT CARD USED AT THE TIME OF VEHICLE PICK-UP.
8. RESPONSIBILITY FOR LOSS OF, OR DAMAGE TO, THE VEHICLE
COLLISION DAMAGE WAIVER-THEFT PROTECTION OPTION (CDW-TP) In case of theft or attempted theft of the Vehicle, or if I am involved in an accident or the Vehicle sustains damage, even from unknown causes, I am responsible for the financial charges to repair the resulting damages to the Vehicle. Other costs related to the damage to the Vehicle may include towing, storage, impound fees, loss of use, claims processing fees, and administrative charges, regardless of fault.
This financial responsibility is reduced to a maximum of US$ 500.00 if I accept the CDW-TP Option on the rental document, pay the charge as shown on the rental document, and comply with this Agreement, including all the Terms and Conditions. I UNDERSTAND THAT CDW-TP IS NOT INSURANCE.
I understand that my personal automobile insurance policy or travel insurance policy (my insurance policy), may cover damages to the Vehicle as well as fire and personal injury incurred while using a rental Vehicle; I understand that the Company cannot interpret the terms and conditions of my insurance policy and that it is my responsibility to check with my insurance company and my insurance agent what the limitations and responsibilities are of my insurance policy. I further understand that the Company cannot interpret the terms and conditions of my credit card and it is my responsibility to learn if my credit card covers any damages to the Vehicle. The existence of aforementioned insurance coverage or credit card coverage does not release me from liability towards You for any damage(s) to the Vehicle while in my possession. The CDW-TP Option is only valid when opted during reservation or pick-up of the Vehicle. If the car sustains damages due to acts attributed to improper or irresponsible Vehicle usage as described, but not limited to, Section 5 of this Agreement, the Company, in its sole discretion, can declare the CDW-TP null and void and the CDW-TP option will not cover damages to the Vehicle. In case I decline the CDW-TP and the Vehicle is stolen and not recovered within 30 days, I will pay the Company the fair market value, which is the retail value of the Vehicle immediately preceding the theft of the Vehicle. If the Vehicle is recovered within 30 days, I will pay the Company the fair market value less proceeds of the sale of the salvaged vehicle.
9. DEDUCTIBLE PROTECTION (DP)
If I accept the CDW Option, I understand that my financial responsibility is reduced to US $ 500.00 in case of damage to, or (attempted) theft of the Vehicle. I can further reduce my financial responsibility to zero (US$ 0.00) if I accept the FCP Option on the rental document, pay the charge as shown on the rental document, and comply with this Agreement, including all Terms and Conditions. The DP Option is only valid when opted during reservation or pick-up of the Vehicle.
10. FULL COVERAGE PROTECTION (FCP)
I understand that you offer optional FCP coverage. APP is a package product that includes the CDW-TP, DP and RA options at a discount price. All conditions as stated in sections 8, 9 & 11 are applicable to the FCP.
11. 24/7 ROADSIDE ASSISTANCE (RA)
If I accept the RSP Option on the rental document, pay the charge as shown on the rental document, and comply with this Agreement, including the Terms and Conditions, You will provide roadside assistance without additional charge. RA includes towing (not related to an accident), flat tire service (if no inflated spare is available, the vehicle will be towed), lockout service (if keys are locked inside the vehicle), jumpstarts, and fuel delivery service for up to 5 liters of fuel. RA IS VOID IF I, OR ANY AUTHORIZED DRIVER(S), WERE USING THE VEHICLE IMPROPERLY OR IRRESPONSIBLY AS DESCRIBED IN SECTION 5 OF THE TERMS AND CONDITIONS.
I will return the Vehicle with at least the same amount of fuel as when I received it, unless I accept and pay for the ‘prepaid fuel’ option. If I return the Vehicle with less fuel than how I received it, I will pay the Company a refuel service charge per liter as shown on the rental document and determined by You to refuel the Vehicle for me. The refuel service charge will be determined by estimating the difference in fuel level shown on the fuel gauge from the time Vehicle is rented to the time it is returned. I understand that I shall not receive a refund or credit if the Vehicle is returned with more fuel than how I received it. I understand that the ‘prepaid fuel’ option is non-refundable.
13. TIRES AND KEY
I understand that, as stated in section 5, it is prohibited to drive the Vehicle on unpaved roads. Furthermore, I understand that I am responsible for the cost to repair damages to the tires that are not deemed normal wear and tear. I am aware that damages to the tires are not covered by the CDW-TP, DP or RA Options. I also understand that I am responsible for the cost of replacing or to repair damages to the key. I am aware that loss or damages to the key are not covered by the CDW-TP, DP or RA Options.
14. SMOKING AND EXCESSIVE DIRT
I understand that Your Vehicles are considered non-smoking cars. Additional cleaning fees of US $250 may apply if a vehicle is returned in a condition where it would have to be carefully cleaned and deodorized due to smoking. I also am aware that additional cleaning fees apply if I return your Vehicle with excessive dirt, to be determined at the Company’s sole discretion. Heavily sandy carpets and wet seats will result in a US $150 fee.
15. LIABILITY INSURANCE OR QUALIFIED SELF-INSURANCE
An automobile liability insurance policy or qualified self-insurance arrangement protects me and any Authorized Driver(s) on a primary basis in respect to other insurance, for third party bodily injury, death of another and for property damage other than to the rental vehicle on a per-occurrence basis as permitted by this Agreement, arising from the use of the Vehicle. The coverage is in an amount up to CMg. 250,000.00 but in no event in excess of, the minimum limits required by the automobile financial responsibility or compulsory insurance laws of Curaçao, unless other limits are provided pursuant to a separate account Agreement. This coverage excludes a claim made by a person who has signed the rental document of this agreement as an additional authorized driver after qualification by the Company; I understand that if a claim is made or a lawsuit filed, the Company may defend the claim, or lawsuit at its sole discretion. The Company may, at its sole discretion, offer settlements that the Company considers advisable. However, the Company is not obligated to pay any claim or judgment, or obligated to defend any claim or lawsuit when the Company’s payments have reached the limit of the coverage. I understand that this provision is intended to give me clear notice of the Company’s intent to relieve itself of the duty to defend me upon exhausting the minimum limits required by the automobile financial responsibility or compulsory insurance laws of the state in which the accident occurs. All Authorized Drivers protected under the above arrangement agree to comply with and be bound by all its terms, conditions, limitations and restrictions, which are made a part of this Agreement by reference. All Authorized Drivers shall comply with procedures on accident and claims reporting as set forth below in Section 16. I understand that coverage does not apply to:
a. Any obligations assumed by Me or an Authorized Driver under any contract of whatever nature;
b. Any fines, penalties, punitive damages or exemplary damages which I or an Authorized Driver may become legally obligated to pay;
c. Injury to, or destruction of, personal property owned by, or in the possession, custody or control of, Me or an Authorized Driver or passenger(s);
d. Any liability of a driver who is not an Authorized Driver and any liability for any accident which occurs while the vehicle is obtained or used in violation of this Agreement.
If the liability coverage is extended by operation of law to anyone not permitted by this Agreement to drive the Vehicle, the limits of coverage shall be the minimum required, by the automobile financial responsibility or compulsory insurance laws of Curaçao.
16. ACCIDENT, THEFT AND CLAIMS REPORTING
I understand that in case of damage to the Vehicle, theft of the Vehicle or if I am involved in an accident, I am to remain on the scene and call Forensys at 199, or in case of theft, the Curaçao Police Department at 911 immediately. I will receive a copy of the official damage, theft or accident report, which I will immediately file with the Company. Without this report, I can be held liable for all damages, even if I’m not at fault. After having notified Forensys or Curaçao Police Department, I will notify the Company at +5999-676-6666. As Authorized Driver(s), I (we) will not aid or encourage the filing of any claim against the Company as a result of any accident and will cooperate fully with You and Your insurer, if any, in investigating and defending any claim or lawsuit. Failure in cooperating with You or the authorities could result in invalidation of the optional CDW or DP coverages.
17. RESPONSIBILITY FOR PERSONAL PROPERTY
I understand that You are not responsible for loss of, or damage to, my property or the property of others left at any time in or on Your Vehicle or on Your premises, even if it is in Your possession, regardless of who is at fault. I will be responsible to You for all claims made by others for such loss of damage.
18. FINES AND PENALTIES
I will pay all fines, penalties and costs imposed for parking or traffic violations concerning the Vehicle while rented under this Agreement. I will promptly report any such violations to You and will indemnify and hold You harmless from all claims and costs arising out of such violations, including expenses in connection with the handling of such matters. I agree that all fines, penalties and costs arising from parking or traffic violations may be charged to me.
19. PROCESSING OF RENTER DATA
20. AIRPORT / HOTEL– IMPOSED FEES
An Airport or Hotel Concession Recovery fee applies to all rentals initiated at our Airport or Hotel rental locations.
21. GENERAL PROVISIONS
I agree that I will be held responsible for unauthorized repairs to the Vehicle. I understand that You will not reimburse me for authorized repairs without receipts by an officially licensed brand dealer. I understand that it is the responsibility of the Authorized Driver(s) to comply with all applicable seatbelt and child restraint laws for the protection of children under the age of nine (9). The Authorized Driver(s) must supply an approved child restraint system or rent it from You. I understand that in no event shall any Authorized Driver(s) be deemed an employee of yours in any manner or for any purpose whatsoever. I understand that You do not waive any rights under this Agreement except in writing signed by an officer of the Company, or an Authorized Representative of the Company.
22. CANCELLATION AND CHANGE POLICY
If I the Renter have already picked up the vehicle and wish to keep it longer; I must contact the location where I picked up the vehicle or call +59996766666 to check for availability. If I The Renter modify my pick-up or drop-off location, date or time, this may result in a change to my rates, taxes, surcharges, or underage fees. Possibly – rental rates can change on a daily basis so changing the dates or number of days may change the daily rate. If I The Renter cancel my booking at least 72 hours before my specified pick-up time, I will be refunded the booking. If I The Renter cancel my booking in less than 72 hours before my specified pick-up time, I will not be entitled to a refund. CANCELLATION POLICY applicable for Cruise port (only): Full refund if the cruise is canceled or if the ship misses the port. If I test positive for Covid-19 before or during my cruise, a full refund will be provided with valid proof of a Covid-19 test. Reservations booked on a third-party website or company must be canceled through the third-party website or company. Reservation agents cannot change reservations booked on these websites nor can they cancel them on the SmartWheelscuracao.com website. Please return to the website where you originally booked the reservation.
23. LAW APPLICABLE
With relevance to the present agreement exclusively Curaçao laws shall be applicable and any and all disputes arising in connection with the Agreement shall be exclusively submitted to the competent court in Curaçao, provided that the Company may initiate legal action against me in any court of competent jurisdiction, if such action be deemed necessary.