Article 1

Definitions

 

1. In this Agreement, unless otherwise stated, the following definitions will be used and adhered to:

• Claims Administration Fee: A fee charged in all cases where the rental vehicle is returned to the Owner damaged

• Damages: Includes the expenditure in towing, transporting storing the rental vehicle, repairing any damage to the rental vehicle (including tires), replacing parts and/or  accessories, the cost of an expert to inspect the collision damage and to report thereon. Damage is any change to the rental vehicle during the period from renting from the Owner and the moment of return to the Owner by the Renter or the moment of an accident in which the Renter was involved, either directly or indirectly.

• Driver: Any person who physically operates the rental vehicle. This can, but not necessarily, be somebody other than the Renter

• Rental Vehicle: That what has been rented by the Renter from the Owner in accordance with this Agreement and which can also include a bicycle

• The Renter: Is the person who is legally bound to this Agreement and who is legally liable towards the Owner, for any and all costs related to the Agreement irrespective if the Renter was a driver or not

• Total Loss: Total Loss includes, (a) damage such that the estimated cost of repairs is in the opinion of the Owner uneconomical in relations to the rental vehicle and the condition of the rental vehicle or (b) damage that has been declared to be a total loss by the Owner or any expert appointed by the Owner or (c) theft or total loss of the rental vehicle

• Traffic Fine Administration Fee: An amount levied to administer any traffic fine(s) received by the  Renter while renting the vehicle

Article 2

Rental Period

1. This Agreement shall commence on the day the Renter takes possession of the rental vehicle and shall remain in full force and effect until such time that the rental vehicle is returned to the Owner at which time the Agreement ends.

2. The period under articles 2.2 and 2.3 here before shall jointly be referred to as “the Rental Period”.

Article 3

Termination

1. The Owner may, at its sole discretion, terminate this Agreement at any time by notice (verbal or in writing) to the Renter, not withstanding anything to the contrary in this Agreement, where upon the Renter shall return the rental vehicle to the Owner forthwith.

2. The obligations of the Renter and the rights of the Owner under this Agreement shall continue in effect until the rental vehicle has been returned to the Owner and the Renter has complied with all his/her obligations.

Article 4

Delivery and Return

 

1. The rental vehicle shall be regarded to have been delivered in good order and repair and without any damage. Any damage not reflected on the rental vehicle inspection sheet, and which rental vehicle inspection sheet is part of this Agreement, and not initialed by both Parties, will be regarded as new damage. Said damage will be for the sole account of the Renter as per this Agreement and its terms and conditions, irrespective if the Renter physically operated the rental vehicle or not.

2. Pursuant to the previous article, the Renter is also responsible for any and all damage even if this is caused by an authorized driver who the Renter has allowed to physically operate the rental vehicle.

3. If applicable with regards to the rental vehicle rented, the Renter shall ensure that this rental vehicle is returned to the owner with the same amount of fuel the Renter received with rental vehicle with at the start of the rental period. The amount of fuel that the Renter received with the rental vehicle shall be registered on the rental vehicle inspection sheet initials

4. The rental vehicle shall be returned to the Owner in the same condition as received; fair wear and tear expected and at the location where the rental vehicle was collected.

5. The Owner, shall at its sole discretion, on the expiry of this Agreement be entitled to take possession of the rental vehicle at any location or from who so ever may be in possession. Any and all cost incurred by the Owner to retrieve the rental vehicle shall be for the sole account of the Renter.

6. For each hour after the time that the rental vehicle needs to be returned by the Renter to the Owner, the Renter returns the rental vehicle to the Owner, the Owner is entitled to charge the Renter a penalty of US$ 100,00 per hour with a maximum up to the daily rate.

Article 5

Payment

1. The Renter shall pay the total amount per rental period as stated on the first page of this rental agreement (hereafter to be referred to as the: “rate”) and authorizes the Owner to charge the debit or credit card of the Renter that is on file with the Owner.  The amount that the Renter authorizes the Owner to charge to the debit or credit card will equal all costs, fees and expenses that are related to and are due under this Agreement. The aforementioned rate is excluding any taxes.

2. The total rate shall be calculated for the whole of the rental period in advance.

3. There will be no cash refunds on rental vehicles returned during the rental period. Should the Renter be dissatisfied with the rental vehicle, the rental vehicle may be exchanged for another should the Owner have another vehicle available and there is just cause. This is subject to an administration fee of US$ 25,00.

4. The Renter shall also pay other charges in accordance with this Agreement due upon return of the rental vehicle, to the fullest extent allowed by law, including but not limited to:

• taxes               
• loss of, or damage or repair to the rental vehicle, loss of use, diminution of the rental vehicle value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses               
• a US$ 100,00 charge for hour for late return of the rental vehicle or the highest amount allowable under the law 
• unless due to the fault of the Owner, all fines, penalties, traffic and/or parking violations, court costs, towing charges and other expenses relating the rental vehicle assessed against the Owner of the rental vehicle during the rental period                                         
• all expenses the Owner incurs due to the Renter’s failure to return the rental vehicle including costs in locating and recovering the rental vehicle
• 18% interest, or the maximum amount allowed by law for monies owed and are 14 days past due
• all costs incurred to collect unpaid monies due

Article 6

Security Deposit

 

1. In addition to the total rate to be paid as stated on the first page of this Agreement and under article 5, the Renter shall pay a deposit as stated on the first page of this Rental Agreement at the time this Agreement is signed. The Owner may use the deposit to cover any amounts due under this Agreement and which are not covered by the amount charges as stipulated under article 5.2.

2. The Renter’s deposit shall only be returned by the Owner once the rental vehicle has been dropped off, all amounts due have been paid and the rental vehicle undergone a full inspection and it has been determined that the rental vehicle has been returned in satisfactory condition.

Article 7

Authorized Drivers

 

1. Only those persons whose names appear on the form “Authorized Drivers” and which form is attached this Agreement may operate the rental vehicle. Any person not appearing on this form is prohibited from operating the rental vehicle.

2. Only those persons who are 23 years of age and who have a valid driver’s license will be considered an authorized driver.

3. If the Renter intends on operating the rental vehicle, then his/her name must also appear on the form mentioned here before.
4. For each additional authorized driver, besides the Renter, the Renter agrees to pay the amount of US$ 25.00 per driver, per day.

 

Article 8

Use of Rental Vehicle

 

1. The Renter and the authorized drivers will at all times obey all traffic rules and regulations of Aruba. It is the responsibility of the Renter and the authorized drivers to be familiar with these traffic rules and regulations.

2. The fact that the Owner and/or any of the Owner’s representatives and/or employees did not inform the Renter and/or the authorized drivers of the traffic rules and regulations of Aruba, does not dismiss the responsibility of the Renter and the authorized drivers under article 8.1 and cannot be  held against the Owner in the case of any traffic accident, injury or fine. The Renter and the authorized drivers explicitly indemnify the Owner and the Owner’s representatives and/or employees in this regard.

3. The rental vehicle shall not be used:

• by an unauthorized driver
• in violation of any law of Aruba Initials      Initials
• whilst any authorized driver is intoxicated and/or under the influence of alcohol and/or any substance (including prescribed medication)

• in any race, test and/or contest Initials
• to carry more passengers or goods than the maximal allowable for the rental vehicle
• to transport any explosive materials
• to transport any illegal cargo
• to perform any illegal action(s)
• on any roads, beaches, driveways or surface likely to cause damage to the rental vehicle
• to push and/or tow any other kind of vehicle

• to transport any kind of animal
• for commercial purposes

4. The Renter and the authorized drivers will at all times wear a helmet when operating the rental vehicle and wear a safety belt.
5. The Renter and the authorized drivers may under no circumstances smoke, drink any kind of alcoholic beverages and/or make use of any communication device whilst operating the rental vehicle.

Article 9

Report or Loss and Reporting to Police

 

1. The rental vehicle shall not be serviced or repaired and parts and accessories shall not be replaced without the Owner’s prior written consent.
2. The Renter shall alert the Owner to any damage to the motor vehicle.
3. The Renter shall be responsible for any loss or damage to the rental vehicle and for loss of use, diminution of the rental vehicle’s value caused by damage to it or repair to it and missing equipment.
4. In the event the Renter is in an accident, has an incident in the rental vehicle of if the rental vehicle is subject to theft or vandalism, the Renter shall report the accident or incident to the police by calling 911 or by going to the nearest police station and shall report this to the Owner.
5. It is understood by the Renter that the rental vehicle is only third-party insured.

Article 10

Liability

 

1. It is understood by the Renter that the rental vehicle is only third-party insured. Initials
2. It is understood by the Renter that no coverage is extended to unauthorized drivers.
3. It is understood by the Renter that there is an US$ 300.00 deductible
4. The rental vehicle shall be for the sole risk of the Renter until such time that the Owner has the free use of the rental vehicle.
5. Irrespective how damage is caused to the rental vehicle, the Renter will solely be responsible for this damage (in the broadest sense of the word) as the Renter and authorized drivers are not covered for this.

Article 11

Ownership

 

1. The Owner will at all times retain ownership and title of the rented vehicle. The Renter will at all times notify the Owner if the rented vehicle is threatened with any action whereby the ownership of the Owner may be compromised.

Article 12

Other

1. No failure of the Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. The Owner’s acceptance of payment with knowledge of a default by the Renter shall not constitute a waiver of any breach.
2. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The Parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
3. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
4. The Renter may not, without the prior written consent of the Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.
5. Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.
6. This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.

Article 13

Applicable Law

1. The Renter acknowledges and accepts the fact that this Agreement is governed exclusively by the laws of Aruba. Initials
2. The Renter acknowledges and accepts that any and all claims from this Agreement will be submitted solely to the competent court in Aruba and no other court. Initials
3. The Renter acknowledges that should it be necessary, he/she can be subpoenaed in Aruba and that any verdict may be executed and enforced in the Renter’s country of residence. Initials

Article 14

Responsibility of the Authorized Driver(s)

1. The Renter remains responsible and liable for any and all actions of the authorized driver(s), in addition to any and all damages that the authorized driver(s) have caused, which includes but is not limited to any traffic offenses

Waiver, Release, Indemnification and Liability

 

The Renter and the authorized driver(s) shall indemnify, defend and hold harmless the Owner, its agents, its employees, and its directors from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage and/or personal injury arising from the Renter’s and the (authorized) driver(s)’s use of the rental vehicle by any cause. In no event shall the Owner be responsible for any indirect, special or consequential loss or damages arising from Renter’s and the authorized driver(s)’s use of the rental vehicle, including but not limited to loss profits and loss revenue, even if informed of such damages. The provisions of this appendix shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination.

The Renter and the authorized driver(s) do hereby affirm and acknowledge that they have been fully informed of the foreseen and/or unforeseen inherent hazards, dangers and/or risks associated with the rental vehicle. It is understood that the hazard(s), danger(s) and/or risk(s) associated with the renting of the rental vehicle are amongst others but not limited to: (property) damage, (personal) injury, (personal) disability, (personal) impairment and/or (wrongful) death.  Having been told of these hazards, dangers and/or risks, the Renter and the authorized driver(s) knowingly accept the aforementioned hazard(s), danger(s) and/or risk(s) out of their own free will and will for now and forever (i) hold harmless, (ii) discharge from any and all liability, (iii) waive their right to sue, (iv) waive their right to engage in any legal action against and/or (v) waive their right to make a claim of any kind and/or any amount against: the OFFROAD EVOLUTION ARUBA RENTAL & TOURS its officers, its stockholders, its directors, its managers, its founders, its employees, its former employees, its affiliates, its subsidiaries, its agents, any other company and/or person that works with and/or promotes OFFROAD EVOLUTION ARUBA RENTAL & TOURS., and/or any third party affiliated with OFFROAD EVOLUTION ARUBA RENTAL & TOURS and/or any other entity promoting OFFROAD EVOLUTION ARUBA RENTAL & TOURS together with their affiliates, subsidiaries, officers, directors, employees and/or agents.

The Renter and the authorized driver(s) hereby understand that any hazard(s), dangers(s) and/or risk(s) that they are the victim of and/or that they cause, are solely for their expense and nobody else.  They are solely responsible for any (property) damage(s), (personal) injury(ies), (personal) disability, (personal) impairment,  even if this has as consequence their individual (wrongful) death and/or the (wrongful) death of other(s).

The Renter and the authorized driver(s) also state that this appendix is binding for their heirs, executors, administrators, family members and/or any other person and/or company that would have some interest.

The Renter and the authorized driver(s) fully understand that they individually as well as collectively forever give up any right to sue or make a claim against OFFROAD EVOLUTION ARUBA RENTAL & TOURS and other if they suffer injury(ies) and/or damage(s) even though they do not know what or how extensive the injury(ies) and/or damage(s) may be.  Each driver hereby personally assumes all hazard(s), danger(s) and/or risk(s) whether foreseen or unforeseen in connection with rental of the rental vehicle.

Each driver fully understands and agrees that these terms are contractual and binding and not a mere recitation and that each driver has voluntarily read and signed this document.

Each driver has read this appendix and hereby acknowledges that he/she has read the waiver and release in full, that each driver completely understand the waiver and release, that each driver completely understand the legal effects of this waiver and release and each driver signing forever constitutes the release of valuable rights