1. These general terms and conditions apply to and form an intrinsic part of every vehicle lease agreement (the ‘Agreement’) between AGF Drive a Car NV dba Payless Rent a Car (the ‘Lessor’), a limited liability company incorporated under the laws of Aruba, having its place of business at Barcadera 4 , listed in the Commercial Register of the Chamber of Commerce of Aruba under number H51031.0 and any party (the ‘Lessee’) that leases a vehicle (the ‘Vehicle’) from the Lessor (the ‘Lease’). The Lessor and the Lessee are hereinafter individually referred to as a ‘Party’ and collectively as ‘Parties’.
2. The Lessee confirms that the Vehicle was delivered in good condition and in accordance with the agreed specifications. The Lessee is entitled to a copy of the report generated by Record360, which the Lessor uses to record the condition of the Vehicle.
3. The Vehicle is and will remain the sole and exclusive property of the Lessor during the Lease. The Lessee is liable for the Vehicle during that time.
4. The Lessee’s credit card is charged at the beginning of the Lease. Charged rental is non-refundable.
5. The Vehicle will be engaged only in the transport of persons. The Lessee may not allow third parties to drive the Vehicle, nor sub-let or otherwise provide use of the Vehicle to third parties, without the Lessor’s prior written consent. An additional fee USD 5 per day is charged for each additional driver. To a maximum of 3 driver’s.
6. The Lessee and the Vehicle’s driver are obliged to use the Vehicle in a responsible and expert manner, in accordance with the nature and (technical) purpose, all legal regulations, the manufacturer’s guidelines, and the instructions given in the driver’s manual.
7. The Lessee will not use the Vehicle for speed, skill, or performance drives or races, nor for driving on race tracks, transporting hazardous substances, freight or explosives, or teaching driving lessons, taxi transport or dangerous or illicit operations.
8. The Vehicle’s maximum load and maximum tow weight may not be exceeded. Any form of loss or damage resulting from a failure to meet these requirements, or to meet them sufficiently, will be payable by the Lessee.
9. Costs caused by using the wrong type of fuel will at all times be payable by the Lessee.
10. The Lessee may not operate the Vehicle: (a) in a state of intoxication; (b) without a license issued by the competent authorities; (c) in violation of the traffic rules and regulations that apply. The Lessee must bear in mind that new residents arriving from abroad are required to change their foreign driving license to an Aruban license after having resided in Aruba for 6 months.
11. Whenever the Vehicle is left unattended, all windows must be closed, all doors must be locked, and all valuables should be placed in the trunk of the Vehicle. The Lessor is not responsible for loss or theft of any personal items left in the Vehicle.
12. Smoking inside the Vehicle is prohibited. A cleaning fee will be charged if any tobacco odor/residue is detected.
13. The Vehicle is fitted with the necessary tools and a spare tire. In the event of a flat tire, it is the Lessee’s responsibility to replace the tire and call the Lessor to bring a replacement tire. A service fee of USD 20 is charged for changing each tire.
14. At the expiration of the Lease, the Lessee must return the Vehicle in good and clean condition to the branch office designated by the Lessor. A one-time drop-off fee of USD 10 will be charged for returning the Vehicle to an alternative location.
15. The Vehicle must be returned with the same level of fuel as when the Lessee received it. If it holds less fuel, the difference will be charged. The Lessee must bring proof of purchase of fuel when returning the Vehicle. If the Lessee is unable to provide this proof, the fuel will be charged. Unused fuel is not refundable.
16. The Lessor reserves the right to pick up the Vehicle at any time, and from wherever the Vehicle is located. The Lessee authorizes the Lessor accordingly to pick up the Vehicle at any time, wherever it is located, if the Lessor is of the opinion that the Vehicle or third parties are at risk of damage, or that any law or regulation might be violated.
17. The Lessee must clean and empty the interior of the Vehicle before returning it. A service charge of USD 250 will be added if the Vehicle is returned with excessive amounts of sand, dirt, trash, debris, or other inappropriate matter inside. A cleaning fee of USD 100 will be charged if the Vehicle is returned ‘excessively dirty’ or with wet seats.
18. The Lessee will be charged USD 500 for changing the combinations for all locks if the key to the Vehicle is lost and cannot be returned. A replacement fee will be charged if the electronic car key/remote becomes wet.
19. If the Lessee does not return the Vehicle by the contractual deadline, the Lessor may retrieve the Vehicle. Any additional costs will be payable by the Lessee, without prejudice to the Lessor’s right to recover the actual damage and costs from the Lessee.
20. If the Vehicle is stolen or damaged, the Lessee must notify this to the Lessor by telephone without delay and provide the Lessor with a full and complete damage report form within 48 hours. The Lessee must ask the police to draw up an official report of the theft or damage incident.
21. A loss damage waiver (‘LDW’) gives the Lessee insurance coverage against theft, loss, and damage of/to the Vehicle. It is the Lessee’s responsibility to check with their insurer whether the LDW would overlap with their own vehicle insurance. If the Lessee declines LDW, they are liable for a maximum of AWG 500 for damage caused to third parties.
22. For the LDW to be accepted: (a) the police must be notified and visit the scene of the accident or theft; (b) an accident report must be completed in full; (c) the Vehicle may not have been used in conflict with these general terms and conditions; (d) the driver may not be under the influence of alcohol or drugs; (e) in the event of theft: the ignition keys must be returned to the Lessor. In addition, the LDW is not accepted for theft if the Lessee was negligent or if the Vehicle was obtained through fraud or misrepresentation. If the LDW is not accepted by the insurer, the Lessee is liable for all loss and damage.
23. The insurance does not cover damage to the underside of the Vehicle or damage that the Vehicle suffers while the driver operating it is intoxicated or otherwise in violation of the conditions of this contract or of applicable laws and regulations.
24. The Lessee agrees to abide strictly by the provisions stipulated in the Agreement and these general terms and conditions. Any violation will immediately activate the credit document signed by the Lessee.
25. The Lessor is not liable for loss or damage incurred by the Lessee due to or as a result of malfunctioning of the Vehicle.
26. The Lessee is liable towards the Lessor and third parties for any loss or damage not covered by insurance. The Lessee agrees to indemnify the Lessor and hold the Lessor harmless for any such loss or damage. If the insurance does not cover a particular event due to causes imputable to the Lessee, the Lessee expressly agrees to cover the resulting liability. If the Lessee so chooses, they may also obtain personal accident coverage by signing the appropriate space on the Agreement.
27. The following costs are payable by the Lessee; (a) damage to the Vehicle while it is legally or physically in the Lessee’s possession (unless covered by the LDW); (b) injuries to persons traveling in the Vehicle: (c) fines for violation of traffic laws: (d) the stipulated rental, until the Vehicle is returned to the Lessor’s satisfaction. The Lessee will pay these amounts at the Lessor’s offices, releasing the Lessor from any responsibility that might result by reason of any accident suffered by persons traveling in the Vehicle where the Lessee is responsible for the legal consequences. In the event of an accident, the Lessee must immediately report the accident to the Lessor, to the competent authorities, and to the insurance companies.
28. If the Vehicle is detained or damaged by reason of an accident or any other cause that is imputable to the Lessee, the Lessee must compensate the Lessor for the cost of the associated repairs to the Vehicle if the Lessee used the Vehicle in violation of any of the provisions of the Agreement or these general terms and conditions, and pay the daily rental fee plus the equivalent of 150 kilometers per day at the normal rate for the entire duration of those repairs and the legal processes to release the Vehicle, as well as whatever costs are incurred for recovering the Vehicle.
29. For the purposes of the Agreement and these general terms and conditions, the Lessee declares that they become the bailee of the Vehicle by reason of the Agreement and that they are bound in the same way as judicial bailees are bound. From the moment that the Lessee signs the Agreement, the Lessee assumes those responsibilities that are incurred by unfaithful judicial bailees.
30. In the event of an accident or injury to third parties, their persons, property, or possessions, the Lessee will assume full responsibility as set forth in the Civil Code of Aruba.
31. The validity, construction, and enforceability of the Agreement are governed in all respects by the laws of Aruba.
32. In the event of any dispute between the Parties in connection with the Agreement, the Parties will endeavor to settle the dispute by mutual consent. In the event that no consensus can be reached, each Party may refer the dispute to the courts of Aruba which will have exclusive jurisdiction.
33. All complaints must be submitted to the Lessor in writing within 30 days after these
have become known or could have become known, at the risk of forfeiture.