M&N Dutch Car Rental: Noëmi Thielman

E-mail address: info@mndutchcarrental.nl

Telephone number: +5999 670 3080 (also on WhatsApp)

Chamber of Commerce number: 149443

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Traffic rules in Curaçao

The most important priority rule is that at the T-junction the through traffic always has priority (unless indicated otherwise by priority signs), here one has no priority from a side road coming from left and right. On equal crossings, where it is not arranged with priority signs, the right does indeed have priority.

 

Every roundabout has its own rules, which are usually not indicated. On one roundabout everything coming from the right has priority, on the other traffic on the roundabout itself and there are roundabouts where one half from the right has priority and the other half the traffic on the roundabout. If a car comes crashing fast you can assume that it has priority.

 

The system needs some getting used to but you will experience that driving on Curaçao is pretty good. It is important to keep your distance! because it can sometimes be stopped abruptly and then e.g. to stop in the “roadside” or in response to crossing animals.

 

A maximum speed of 40-45 kilometers per hour applies in cities and villages. On the roads outside the city you can (depending on the signs) 60-80 kilometers per hour. This speed also applies to the ring road around Willemstad. That is a dual carriageway, where you officially have to overtake on the right. In practice, motorists often overtake both left and right, so be aware of that!

 

Parking in the parking spaces along the road in the city (which are usually numbered) is often not free. You must then visit a parking meter. Don’t be too lax about that, because Willemstad controls pretty well! Before you know it you have a wheel clamp on your rental car.

 

Whether you are guarded or not, it is always important to remove all valuables from the car. Or basically all your stuff. Of course you should not leave anything on the dashboard. But, of course, that also applies in the Netherlands.

 

Do you have to refuel? Please note that it is customary at most gas stations in Curaçao to pay in advance.

 

It is usually quite busy in and around Willemstad. You can even get stuck in a traffic jam in the morning. But most of the time it runs smoothly and the roads are in good order. Traffic jams are rare outside the city and you can drive on. But always keep an eye on the road! From nowhere gaping holes can suddenly pop up that can seriously damage your rental car.

The general terms and conditions

ARTICLE 1 – Applicability
1.1. These terms and conditions apply to any offer, quotation and agreement between
M&N DCR Curaçao and a tenant, or legal successors, on which M&N DCR Curaçao has declared these conditions applicable, provided that these terms and conditions have not been expressly waived by the parties in writing.
1.2. Any general terms and conditions of the tenant shall not apply even if it is expressly referred to by the tenant in his correspondence and documents, except after separate written acceptance thereof by M&N DCR Curaçao.
1.3. Derogations from these conditions shall be binding on M&N DCR Curaçao only to the extent that they have been expressly accepted in writing, and shall apply only to the case in question. At no time can rights be derived from legal relationships that have been entered into at a later date.

 

ARTICLE 2 – The offer
2.1. M&N DCR Curaçao brings an offer in writing or oral to the tenant’s choice.
2.2. The offer is irrevocable for 7 days except in the case of insufficient availability.
2.3. The offer contains a complete and precise description of the rental period, the rent and the possible additional cost elements. It shall also indicate the level of the deductible, the possible redemption of the excess and the possible deposit or other means of guarantee.
2.4. The offer shall indicate the opening hours of the company and the telephone number to which the company is to be reached.
2.5. The offer shall specify the method of payment and the method of guarantee.

 

ARTICLE 3 – Conclusion of the Agreement
3.1. The agreement consists of these general terms and conditions and the order confirmation. The conclusion of the agreement is only at the moment that the lease agreement signed by the tenant has been received by M&N DCR Curaçao return.
3.2. If the rent has been agreed orally, or if the lease has not (yet) been signed returned, the rental shall nevertheless be deemed to have been established at the time when M&N DCR Curaçao at the request of the tenant with the execution of The rental agreement has been started.
3.3. The agreement supersedes and replaces previous correspondence, appointments, documentation and/or other information.
3.4. The tenant has to sign one time for these general terms and conditions. Tenant signs only for the first lease that is valid for all future tenancy agreements.

 

ARTICLE 4 – The rental period and the overrun of the rental period
4.1. The tenant is obliged to return the vehicle at the latest on the day and at the time when the rental period ends, to the company and address specified in the rental agreement or to the agreed address. M&N DCR Curaçao is obliged to take delivery of the vehicle during opening hours.
4.2. The vehicle may be returned only with the consent of the M&N DCR Curaçao outside opening hours and/or at another place.
4.3. If the vehicle is not surrendered at the end of any extended lease agreement in the agreed manner, M&N DCR Curaçao is entitled to take the vehicle back immediately. The obligations of the tenant arising from this Agreement shall remain in force until the moment that the vehicle is in possession of M&N DCR Curaçao.
4.4. If the tenant has not surrendered the vehicle in time, M&N DCR Curaçao shall be entitled to
Tenant to charge a daghuur price for each 24 hours with which the rental period is exceeded. If it is actually impossible to return the vehicle due to M&N DCR Curaçao’s fault, then no increased rental price will be charged.

 

ARTICLE 5 – Cancellation
If the tenant decides to cancel the agreement or to terminate it in the interim, M&N DCR Curaçao shall be entitled to reimbursement of the costs incurred as a result of the premature termination and/or cancellation of the agreement Reasonably have to make, unless there are facts or circumstances underlying the cancellation or termination which are attributable to M&N DCR Curaçao. In all cases of (interim) termination, M&N DCR Curaçao retains the right to reimbursement of the rental price owed until then.

 

ARTICLE 6 – Payment
6.1. The deposit to M&N DCR Curaçao must be received by M&N DCR Curaçao within 7 days of the invoice/quotation date.
6.2. M&N DCR Curaçao is entitled to terminate the rental agreement without notice of default or judicial intervention and to re-establish itself in the possession of the vehicle, notwithstanding its right to reimbursement of costs, damages and interest, if it appears that The tenant does not, during the rental period, fulfils one or more obligations arising from the tenancy agreement, does not meet or will comply, in a timely or incomplete manner, if the tenant dies, is placed under the guardianship, he requests moratorium of payment, he in State of bankruptcy is declared, in respect of him the law on debt remediation natural persons is declared applicable, he displaces his domicile or seat abroad, the seizure of the vehicle is laid. The same applies if during the rental period it appears that there were circumstances of such nature that, as a M&N DCR Curaçao thereof before it had been informed, it had not entered into the lease agreement. In the event of termination on any of the aforementioned grounds, the tenant shall cooperate in order to make M&N DCR Curaçao again in the possession of the vehicle. M&N DCR Curaçao is not liable for any damages which the tenant suffers as a result of the dissolution of the tenancy agreement.
6.3. Any right of the other party to settlement of its claims on M&N DCR Curaçao with any claim whatsoever of M&N DCR Curaçao on the other party is expressly excluded,
M&N DCR Curaçao has at all times the right and the power to offset claims it has on the other party with any claims that the other party has on M&N DCR Curaçao.
6.4. The tenant authorizes the landlord to charge the rental costs and all related to make claims for all rental items from the means of payment that was provided when the lease was concluded.

 

ARTICLE 7 – Obligations Tenant
7.1. Without prejudice to the following, tenant must deal with the vehicle as befits a good tenant and ensure that the vehicle is used in accordance with its destination. For example, the tenant is prohibited from using the vehicle on a circuit or in an area for which the vehicle is not suitable or in an area of which the tenant or driver has been notified that their entry is at his own risk.
7.2. The tenant is obliged to return the vehicle in its original condition at M&N DCR Curaçao.
7.3. At the time of the conclusion of the tenancy agreement, the tenant is obliged to provide a valid driving licence. The licence must be written in the Western language. If this is not the case, the tenant is obliged to present an international driver’s license combination with the original.
7.4. The vehicle may be governed solely by the drivers indicated in the rental agreement. The tenant has to check whether the drivers have a valid driving licence. The tenant accepts that all acts of the relevant director are considered as acts of himself. The tenant must ensure that none of the persons referred to in the rental agreement as a driver controls the vehicle if it is unauthorised or appears to be mentally or physically unfit for that purpose. All special provisions of this Agreement in favour and at the expense of the tenant shall also be payable to the benefit of the relevant driver.
7.5. The tenant is obliged to carefully guarantee the loading of the vehicle.
7.6. The tenant is not allowed to rent the vehicle unless otherwise agreed in writing.
7.7. The tenant is not allowed to use the vehicle for riding lesson or for transporting persons for payment other than for the purpose of ‘ carpooling ‘, or to hold the vehicle competitions, speed, driving skills or reliability tests, Transport of animals or hazardous substances.
7.8. Journeys outside the territory of the Curaçao are not permitted. External developments can lead to an altered policy. These restrictions may therefore be subject to change. The Master Agreement shows at all times the current provisions that tenant is obliged to adhere to.
7.9. Where rules on cross-border rent are infringed, the validity of all insurances shall lapse.
7.10. In case of For tenant knowable or observable damage or defects to the vehicle, the tenant is not allowed to use the vehicle if that can cause aggravation of the damage or of the defects, or to reduce the traffic safety .
7.11. The tenant is obliged to impose the obligations and prohibitions of this article on the driver, passengers and other users of the vehicle and to monitor compliance with them.
7.12. Tenant must, inter alia, deal with the keys accompanying the vehicle, the operation of the alarm system and the documents accompanying the vehicle (such as the registration certificate and the border documents).

 

ARTICLE 8 – Instructions for the tenant
8.1. The tenant shall ensure that all liquids and tyre pressures remain at the required level and must offer the vehicle at M&N DCR Curaçao’s first request for regular maintenance, unless it is not reasonably possible to comply with the call of M&N DCR Curaçao. In the latter case, after consultation with M&N DCR Curaçao, the vehicle will be offered on the first possible date for maintenance.
8.2. The tenant is obliged to return the vehicle clean. In the case of breach of this obligation, the cleaning fee may be charged, with a minimum of €25.00
8.3. The tenant must refuel the fuel suitable for the vehicle by M&N DCR Curaçao.
8.4.In case of For tenant knowable or observable defects, damage to or with the vehicle inflicted or missing of the vehicle is obliged tenant:
– To make a direct notification;
– Follow the instructions of M&N DCR Curaçao;
– Requested and unsolicited to provide any information and documents relating to the event to M&N DCR Curaçao or to its insurer;
– not to leave the vehicle without being properly protected from the risk of damage or loss;
– M&N DCR Curaçao and persons designated by the M&N DCR Curaçao to provide any cooperation required to obtain compensation from third parties or as a counter-claim against third-party claims.
8.5. In the case of accidents, damage or loss, the tenant is obliged:
– Contact Forensys by phone number 199.  All insurance companies on Curaçao require a Forensys report. They make a situation sketch, hear the witnesses and make pictures. This they add together in a report and get a voucher from here. Call this number immediately and do not wait until you are back in your hotel, it is too late. You need to inform Forensys really immediately.
– Direct notification to the local police;
– immediately submit a fully completed and signed damage report to M&N DCR Curaçao;
– Refrain from acknowledging debt in any form.
8.6. The tenant is obliged to impose the obligations and prohibitions of this article on the driver, passengers and other users of the vehicle and to monitor compliance with them.
8.7. The tenant must inform M&N DCR Curaçao directly about:
– The occurrence of an event which causes or can reasonably result in damage to or by the vehicle;
– Failure of the vehicle;
– Loss of or otherwise losses of power over the vehicle, parts and accessories thereof;
– Seizure of the vehicle; and other circumstances over which M&N DCR Curaçao should be reasonably informed.
8.8. If M&N DCR Curaçao is required to provide information to authorities on the identity of the person who has operated or used the vehicle at any time, the tenant shall, in connection with the questions of M&N DCR Curaçao as soon as possible, Answer.

 

ARTICLE 9 – Obligations M&N DCR Curaçao
9.1. If no vehicle can be delivered from the agreed category, M&N DCR Curaçao will deliver a replacement vehicle.
9.2. M&N DCR Curaçao hands the tenant the required documents prior to the rental period.
9.3. M&N DCR Curaçao must ensure that there is a Dutch instruction in the vehicle as well as an overview of telephone numbers where the tenant can report within and outside the opening hours.
9.4. M&N DCR Curaçao is responsible for adequate breakdown assistance. Breakdown Assistance abroad applies only if it has been agreed that the vehicle may also be used in the country concerned.
9.5. In any event, adequate assistance shall mean that replacement transport is offered by the M&N DCR Curaçao if the vehicle is to be offered for repair due to a shortcoming. If bad luck is the result of his own fault, the costs of the aid will not be reimbursed by M&N DCR Curaçao.
9.6. M&N DCR Curaçao inspects the vehicle immediately upon delivery by the tenant for any damage. This applies both to the surrender of the vehicle at its own establishment and to the vehicle’s surrender at another establishment.

 

ARTICLE 10 – Liability of the tenant for damages
10.1. If no damage description of the vehicle is made between the parties, the tenant is presumed to have received the vehicle in undamaged condition of M&N DCR Curaçao.
10.2. The tenant shall be liable for all damages which M&N DCR Curaçao suffer as a result of any event during the rental period as well as any damage which is in any way related to the rental of the vehicle, subject to the following.
10.3. All vehicles rented by M&N DCR Curaçao are at least WA insured.
10.4. The tenant is liable for damage resulting from conduct and omission of the driver, user and passenger of the vehicle, whether or not the aforementioned persons have controlled or used the vehicle with the permission of M&N DCR Curaçao.
10.5. If an own risk has been agreed in the tenancy agreement, the tenant’s liability for damage per case is limited to the amount of the deductible, unless:
* The damage arose during or as a result of action or omission contrary to article 7 of these general terms and conditions;
* The damage has arisen as a result of the use of the vehicle on unpaved terrain, or use of the vehicle in the field for which the vehicle is manifestly inappropriate, or the tenant or driver has been notified that the entry at his own risk shall be
* The damage has arisen with good finding, or by intentional or gross negligence of the tenant;
* The damage has arisen while the vehicle is rehireded by the tenant to a third party, even if M&N DCR Curaçao has agreed to it;
* The damage is due to any disadvantage caused by or with the vehicle to third parties, and the statutory liability insurance that has been concluded for the vehicle for reasons of violation of any provision from the policy conditions no cover Offers.
* The damage has been caused by the loss of the vehicle and/or the vehicle keys or the operation of the alarm system and/or the documents accompanying the vehicle.
* The damage is caused by the achievement of the danger associated with the transport, storage, loading and unloading of hazardous, explosive, flammable, oxidizing or toxic substances.
10.6. If, under an insurance contract concluded by M&N DCR Curaçao or not, a benefit is paid to M&N DCR Curaçao or to a third party against the risk of hull damage or against the risk of civil liability, the Liability of the tenant.
10.7. If the damage is the result of any disadvantage caused by or by the vehicle, the extent of the damage shall be determined by the amount of damages provided to the directly injured party, with any other damage from M&N DCR Curaçao
10.8. The damage suffered by M&N DCR Curaçao as a result of the impossibility of hiring the vehicle during the period of recovery or replacement shall be determined in advance by the number of days involved in the repair or replacement of the vehicle.
10.9. If the vehicle is returned by the M&N DCR Curaçao with the permission of M&N DCR Curaçao outside the opening hours or at an agreed place, other than the company location of M&N DCR Curaçao, to M&N DCR Curaçao at disposal , the tenant shall remain liable for any damage to the moment M&N DCR Curaçao has actually inspected the vehicle or has been inspected. In case of return at a different location, M&N DCR Curaçao will inspect the vehicle at first possible opportunity and will inform the tenant immediately if the damage is ascertained.
10.10. Is the driver under 23 years of age or his/her driver’s license has been issued within the past 5 years, then the deductible increases, depending on the type of car.

 

ARTICLE 11 – Liability of M&N DCR Curaçao and vehicle defects
11.1. If M&N DCR Curaçao is liable, then this liability is limited to what is regulated in this provision.
11.2. The liability of M&N DCR Curaçao is in any case always limited to the amount of the benefit by its insurer where appropriate.
11.3. Between parties, a lack of the vehicle that is not related to careless maintenance may not be a shortcoming of M&N DCR Curaçao.
11.4. M&N DCR Curaçao is only obliged to rectify defects in the vehicle if it knew or belonged to these defects when entering into the agreement, recovery is reasonably possible and does not require any expenditure in the given Circumstances cannot reasonably be taken of M&N DCR Curaçao.

 

ARTICLE 12 – Government-imposed measures and penalties
12.1. All government-imposed penalties and effects of measures relating to the disposal or use of the vehicle shall be borne by the tenant, unless such penalties or measures are related to a defect To the vehicle which was already present at the start of the rent.
12.2. The tenant agrees that the means of payment mentioned by him in the tenancy agreement are used by M&N DCR Curaçao for the checking of a sanction or measure imposed by the government.
12.3. If, as a result of a breach of the tenant, a sanction or measure is imposed on M&N DCR Curaçao, the tenant is obliged to indemnify M&N DCR Curaçao on his first request. This damage also consists of an amount of ad €27.50 per infringement in this respect the reimbursement of the administration costs as well as the possible additional costs of collection in and out of court.
12.4. In the event of a crime committed by the tenant with the vehicle, M&N DCR Curaçao will cooperate with personal ascription at the request of the public prosecutor.
12.5. Penalties for traffic offences are for tenant.

 

ARTICLE 13 – Seizure of the vehicle
13.1. In the case of administrative, civil or criminal seizures on the vehicle, the tenant shall continue to comply with the obligations of the lease, including the payment of the rental fee, until the time when the vehicle is free from Herds in the possession of M&N DCR Curaçao is, unless the seizure relates to circumstances that lie in the risk atmosphere of the M&N DCR Curaçao.
13.2. Tenant is obliged to indemnify M&N DCR Curaçao for all costs resulting from the seizure unless otherwise agreed in writing.

 

ARTICLE 14 – Dissolution of the rent
14.1. M&N DCR Curaçao is entitled to terminate the rental agreement without notice of default or judicial intervention and to re-establish itself in the possession of the vehicle notwithstanding its right to reimbursement of costs, damages and interest if:
* Tenant during the rental period does not fulfil one or more of his obligations, not in a timely or incomplete manner unless the shortcoming does not justify the termination
* Tenant dies, is placed under guardianship, moratorium of payment request, is declared bankrupt, in respect of him the law of debt remediation natural persons applies.
14.2. The tenant will give all cooperation to M&N DCR Curaçao in order to re-enter the possession of the vehicle.
14.3. If the tenant dies before the rental period commences, the lease is terminated without notice of default or judicial intervention.
14.4. M&N DCR Curaçao is not liable for damages resulting from dissolution under this article.

 

ARTICLE 15 – Theft
Tenant is not insured by default against theft. Vehicle must be locked with car key and car alarm. As a tenant is negligent in this whole deposit will be withheld. Vehicles of M&N DCR Curaçao are WA assured. Tenant shall in the case of theft contact directly with the police and with M&N DCR Curaçao.

 

ARTICLE 16 – Unsubscribe procedure
If the tenant chooses a remote termination, the tenant is obliged to terminate the rental agreement by telephone or in writing. Tenant remains liable until M&N DCR Curaçao has physically taken the vehicle. Tenant must ensure that the vehicle is protected against risk of damage or loss. The tenant is also responsible for parking taxes until the moment of transfer.

 

ARTICLE 17 – Extension of the rental period
Tenant must inform M&N DCR Curaçao in good time that the agreed rental period must be changed. M&N DCR Curaçao gives instructions that tenant must adhere to. At a negative
Creditworthiness of the means of payment in the rental contract is an extension of the rental period not allowed.

 

ARTICLE 18 – Complaints and mediation arrangements
Complaints about the implementation of the agreement must be fully and clearly defined at M&N DCR Curaçao in good time after the tenant has discovered the claimed shortcomings. Failure to submit the complaint in good time may result in the tenant losing his rights in the matter.