Article 1: Renter and Drivers These general terms and conditions apply to every rental agreement between Macho! Car Rental as the lessor and the person named as the renter in the rental agreement. The renter is the person who enters into the rental agreement and is responsible for complying with the obligations arising from the rental agreement and these general terms and conditions. Only the renter and the additional driver(s) designated in writing in the rental agreement may drive the vehicle. Every driver must be at least 23 years old and must have held a valid driver's licence for at least two years. The renter may not make the vehicle available to, or allow it to be driven by, any other person without the prior consent of Macho! Car Rental. To the extent permitted by law, the renter is responsible for the acts and omissions of persons to whom the renter has permitted use of the vehicle. When entering into the rental agreement, the renter must present a valid driver's licence and, if requested, a valid identity document.
Article 2: Reservation, Rental Period and Cancellation The reservation becomes final once the agreed advance payment and/or first rental payment has been received by Macho! Car Rental. The agreed rental period and rental price are binding. In the event of cancellation by the renter, a cancellation fee of USD 75.00 will be charged. Any amounts already paid in excess of this amount will be refunded, unless otherwise agreed in writing. The full agreed rental amount remains payable if the vehicle is collected later than agreed or returned earlier. A late return fee of USD 20.00 will be charged for each hour or part thereof.
Article 3: Vehicle Condition, Return and Fuel The renter confirms that the vehicle has been inspected at the start of the rental and received in the condition stated in the inspection report and/or recorded by photographs. Any unreported damage or defects must be reported immediately at the start of the rental. Failure to report such damage or defects may be taken into account when assessing the damage claim. The renter must use the vehicle carefully and return it in the same condition, except for normal wear and tear. The vehicle, keys, documents and other items provided must be returned no later than the agreed date, time and location. The renter shall be liable for any damage, loss or missing items attributable to the renter. Macho! Car Rental may set off reasonable costs for repair, replacement, cleaning, recovery and transport for the return of the vehicle against the reserved security deposit. If the costs exceed the reserved security deposit, the renter must pay the difference, to the extent attributable to the renter. The vehicle is delivered with a full fuel tank and must be returned with a full fuel tank. If there is insufficient fuel, the cost of the missing fuel plus a USD 50.00 service charge will be charged. If the renter fuels the vehicle with the wrong type of fuel, a USD 300.00 misfuelling charge will be charged. Any demonstrable additional costs for draining, cleaning, repair or damage resulting from the misfuelling may also be charged to the renter, to the extent attributable to the renter and permitted by law.
Article 4: Payment and Late Payment The rental amount due must be paid no later than the agreed due date. This applies to the original rental period, every extension and long-term rental. If an amount due is not paid on time, the renter will owe USD 10.00 per day from the day after the due date, in addition to the outstanding rental amount, until full payment has been received. The renter remains obliged to pay the outstanding rental amount in full. To the extent permitted by law, reasonable costs directly resulting from the payment default may also be charged to the renter.
Article 5: Use of the Vehicle The renter must use the vehicle carefully and in accordance with its intended purpose. The vehicle may not be: • sublet or made available to non-registered drivers; • used for driving lessons, races or competitions; • used for commercial passenger transport without written permission; • used for criminal activities; • used to transport dangerous or prohibited substances; • modified or repaired without written permission; • used on unpaved roads or for off-road use, unless the vehicle has expressly been declared suitable for such use. For vehicles that are suitable for off-road use, this will be indicated by an off-road/unpaved-road sticker on the dashboard. Fuel, parking, traffic fines and other costs directly resulting from the renter's use of the vehicle are the renter's responsibility. If the vehicle becomes stuck, is improperly parked, or needs to be freed, recovered or transported as a result of the renter’s actions or omissions, the reasonable costs of freeing, recovery, transport and any resulting damage to the vehicle shall be borne by the renter, to the extent attributable to the renter and permitted by law. The renter must report any damage, defects and theft as soon as possible and may not use the vehicle if doing so could endanger safety or cause further damage. Smoking in the vehicle and bringing pets into the vehicle are not permitted. In the event of a violation, USD 250.00 will be charged for additional cleaning and odor removal. Any additional cleaning, repair, or other damage or costs may also be charged to the renter, to the extent attributable to the renter and permitted by law. It is prohibited to drive the vehicle under the influence of alcohol, narcotics or medication that may affect driving ability.
Article 6: Damage and Liability The renter is liable for damage to the vehicle resulting from a breach attributable to the renter. If the damage is covered by the insurance, the renter is liable for the damage up to a maximum of USD 750.00 per damage incident, in accordance with the excess specified in Article 7. If the total amount of covered damage is less than USD 750.00, the renter is liable only for the actual amount of the damage incurred. The portion of the covered damage exceeding USD 750.00 will, to the extent insured, be covered by the insurance in accordance with the applicable insurance policy and insurance terms and conditions. If the damage is not covered by the insurance as a result of alcohol or drug use, intentional acts, reckless driving, unauthorized use of the vehicle, use in violation of Article 5, or any other exclusion or breach of the insurance terms and conditions, the renter shall be liable for the full amount of the damage and all resulting costs. In such case, the USD 750.00 excess does not constitute a limitation of the renter’s liability . For off-road use of a vehicle that is not a pickup or SUV, a USD 125.00 cleaning charge may be imposed if engine cleaning is necessary. Police reports, statements from Caribbean Road Service (CRS), witness statements and other legally permitted evidence may be used when assessing a damage claim.
Article 7: Insurance, Excess and Security Deposit The vehicle is insured under an all-risk insurance policy, in accordance with the applicable insurance policy and insurance terms and conditions. An excess of USD 750.00 per damage incident applies to damage to the rented vehicle, unless otherwise agreed in writing. If the damage is covered by the insurance, the renter’s liability for such damage is limited to the applicable excess of USD 750.00 per damage incident. The portion of the covered damage exceeding the excess will, to the extent insured, be covered by the insurance in accordance with the applicable insurance policy and insurance terms and conditions. Insurance coverage applies only if and to the extent that the conditions of the applicable insurance policy are met. If the damage is not covered by the insurance as a result of alcohol or drug use, intentional acts, reckless driving, unauthorized use of the vehicle, use in violation of Article 5, or any other exclusion or breach of the insurance terms and conditions, the renter is liable for the full amount of the damage and all resulting costs. In such case, the USD 750.00 excess does not constitute a limitation of the renter’s liability. The maximum insured coverage is USD 140,000.00 per damage incident, to the extent and subject to the terms and conditions of the applicable insurance policy.
Security Deposit Upon collection of the vehicle, a USD 750.00 security deposit will be reserved on the renter’s credit card. This amount will not be actually charged to the renter’s credit card at that time, but will serve as security for the renter’s compliance with the renter’s obligations. The security deposit is separate from the insurance coverage and the excess and does not constitute a limitation of the renter’s liability. If, during or after the rental period, damage, loss, missing items, cleaning costs, repair costs or other amounts arise for which the renter is liable, Macho! Car Rental may, to the extent permitted by law, set off such amounts against the reserved security deposit. If the damage or costs exceed the reserved security deposit, the renter remains liable for the remaining amount, to the extent that such amount is attributable to the renter and may legally be recovered. If, after the rental period, no amounts need to be set off against the security deposit, the reservation on the renter’s credit card will be released. The actual processing of the release may depend on the renter’s credit card company or bank.
Damage to the Interior Damage to the interior of the vehicle, including stains, burn or scorch marks, tears, damage, excessive soiling or other damage beyond normal wear and tear, shall be borne by the renter, to the extent that such damage is not covered by the applicable insurance and to the extent permitted by law. Reasonable cleaning, repair or replacement costs may be charged to the renter.
Tire problem In the event of a tire problem, the renter must, if it is safe to do so, install the spare tire or replace the tire using the equipment available in the vehicle. If the renter is unable to replace the tire themselves and assistance from a third party is required, the costs incurred shall be borne by the renter, to the extent that such costs are attributable to the renter and may legally be recovered. A USD 35.00 service charge will be charged for a tire problem. If the renter continues driving with a damaged or flat tire and the tire is consequently damaged beyond repair and must be replaced, the cost of the replacement tire will additionally be charged to the renter.
Additional Charges The following additional charges may be applied, to the extent attributable to the renter and permitted by law: Situation: Cost Lost vehicle key: USD 250.00 Misfuelling: USD 300.00 Smoking or pets in the vehicle: USD 250.00 Tire problem: USD 35.00 service charge CRS not contacted immediately: USD 150.00 Missing fuel: Fuel cost + USD 50.00 Off-road use of passenger car requiring engine cleaning: USD 125.00
The above fixed charges are without prejudice to demonstrable additional damage, cleaning, repair or replacement costs, provided that such costs are not already included in the relevant fixed charge, are attributable to the renter and may legally be recovered from the renter.
Article 8: Security and Personal Belongings The renter must lock the vehicle when parked and take reasonable measures to prevent theft or damage. Valuables must not be left visible inside the vehicle. Any damage resulting from the renter’s failure to lock the vehicle or from other carelessness attributable to the renter may be charged to the renter. Macho! Car Rental is not liable for loss, theft or damage to personal belongings of the renter or passengers, unless Macho! Car Rental is legally liable for such loss, theft or damage.
Article 9: Accident, Damage and Theft In the event of any damage to the vehicle, collision, single-vehicle accident or theft, the renter must always contact Macho! Car Rental immediately. In the event of damage or an accident, a damage report must always be prepared by Caribbean Road Service (CRS), via +599 7179292, regardless of the extent of the damage. After an accident or other incident, the vehicle may not be moved unless this is necessary for safety or instructed by the police, CRS or Macho! Car Rental. If the renter fails to comply with these obligations, this may affect insurance coverage. Damage and costs that are therefore not covered by insurance may, to the extent permitted by law, be recovered from the renter. If CRS is not contacted immediately after the incident and must be called at a later time, a fee of USD 150.00 will be charged. In the event of theft, the renter must immediately report the theft to Macho! Car Rental and the police. If the vehicle key is still in the renter's possession, it must be handed over to Macho! Car Rental. If the renter cannot produce the vehicle key and this results in damage or costs that are not covered by insurance, such damage and costs may, to the extent attributable to the renter and permitted by law, be recovered from the renter. Any recovery and retrieval costs not covered by insurance shall be borne by the renter, to the extent attributable to the renter.
Article 10: Breakdown and Maintenance The renter must comply with reasonable requests from Macho! Car Rental regarding maintenance of the vehicle. In the event of a breakdown not caused by the renter, Macho! Car Rental will make reasonable efforts to provide a replacement vehicle, if possible. If no replacement vehicle is available and the vehicle is unavailable due to a cause not attributable to the renter, the rental amount will be refunded on a pro rata basis for the period during which the vehicle was unavailable.
Article 11: Early Return and Failure to Collect In the event of early return, the full agreed rental amount remains payable, unless otherwise agreed in writing. If the agreed rental period is exceeded, the late-return charges referred to in Article 2 shall apply. If the vehicle is not collected on the agreed date and the renter has not contacted Macho! Car Rental in a timely manner, Macho! Car Rental may terminate the reservation without refund of amounts already due, to the extent permitted by law.
Article 12: Cancellation by Macho! Car Rental and Force Majeure Macho! Car Rental may cancel or terminate the agreement if circumstances arise as a result of which the vehicle cannot safely or reasonably be made available, including severe weather conditions, natural disasters, government measures or other circumstances beyond the reasonable control of Macho! Car Rental. If the vehicle cannot be used as a result and the renter is not at fault, an appropriate refund will be made for the rental period that was not provided.
Article 13: Termination, Repossession and Security Deposit In the event of serious or repeated misuse, unauthorized use, use by an unauthorized driver, non-payment or a situation in which the safety of persons or the vehicle is seriously endangered, Macho! Car Rental is, to the extent permitted by law, entitled to terminate the rental agreement and repossess the vehicle. In such a case, the renter is not entitled to a refund of rental periods that have already elapsed or rental periods for which payment is due, to the extent permitted by law. Macho! Car Rental also retains the right to compensation for damage and reasonable costs attributable to the renter. Damage, missing items and other amounts for which the renter is liable may be set off against the reserved security deposit. If the costs exceed the reserved security deposit, the renter remains liable for the remaining amount.
Article 14: Governing Law and Competent Court The rental agreement and these general terms and conditions are governed by the law of Bonaire, to the extent not otherwise required by mandatory law. Disputes shall, to the extent permitted by law, be submitted to the competent court in Bonaire. The renter is requested to carefully read these general terms and conditions before making a reservation.
This rental agreement (“Agreement”) is entered into between Macho! Scooter Rentals (“Macho!”) and the Renter.
1. Authorized Drivers The Renter must be at least 18 years old at the start of the rental period and must hold a valid driving licence legally required to operate the rented scooter on Bonaire. The scooter may only be operated by the Renter and by any additional drivers who have been registered with and expressly approved by Macho! in advance. The Renter is responsible for providing accurate and complete information about all drivers and warrants that each driver remains legally authorized to operate the scooter throughout the entire rental period. The Renter may not make the scooter available to, or allow it to be operated by, any person who has not been previously registered and approved by Macho!. The Renter is liable for any damage, loss, costs, and other liability arising from the use of the scooter by an unauthorized or unregistered driver, to the extent that such liability can be attributed to the Renter and is permitted by law.
2. Liability for Damage and Loss The Renter is liable for damage to the rented scooter occurring during the rental period, to the extent such damage is attributable to the Renter. Damage to or loss of the rented scooter is not covered by the third-party liability insurance (WA) referred to in Article 4. The Renter's liability for theft of the scooter is governed separately by Article 5.
3. Condition of the Scooter at the Start of the Rental The Renter declares that, at the start of the rental, the scooter has been inspected and received in good condition, except for any existing damage or defects that were reported to Macho! before or at the start of the rental or that were recorded. The Renter must report any existing damage or defects to Macho! before departure. Damage or defects that were not reported before or at the start of the rental may be considered damage that occurred during the rental period.
4. Insurance Coverage The scooter is insured for statutory third-party liability (WA), in accordance with applicable law and the relevant insurance policy. The WA insurance covers damage and injury caused by the driver to third parties, within the limits and subject to the conditions of the applicable insurance policy. The maximum coverage for damage to third parties is USD 83,799 per accident or event, in accordance with the applicable policy conditions. A minimum excess of USD 100 applies to the Renter per accident. This excess is payable by the Renter. Any damage, liability, or costs not covered by the WA insurance remain the responsibility of the Renter, to the extent permitted by law. The WA insurance excess is entirely separate from the optional theft excess waiver referred to in Article 5.
5. Theft – Optional Theft Excess Waiver The Renter may choose an optional theft excess waiver for USD 6 per rental day. This option applies exclusively to theft of the rented scooter. It does not provide coverage for damage to the scooter, including damage caused by a fall, collision, improper use, or prohibited use. If the Renter has selected and paid for the optional waiver and has complied with all conditions of this Agreement, the Renter's liability in the event of theft is USD 300. If the Renter has not selected the optional waiver, the Renter's liability in the event of theft is USD 1,000. The optional waiver becomes void if the theft results from negligence or if the Renter has failed to comply with the terms of this Agreement, including failure to properly secure the scooter, use by an unauthorized driver, prohibited or improper use, or driving under the influence of alcohol, drugs, medication, or other substances that may impair driving ability. The optional waiver does not apply to third-party liability.
6. Reporting of Accidents and Incidents Every collision, accident, or other incident involving the scooter must be reported immediately, regardless of the severity of the incident and regardless of whether a third party is involved. Reports must be made to: Caribbean Road Service: +599 717 9292 Macho! Scooter Rentals: +599 701 1233 If the Renter fails to report an accident or incident promptly, the Renter is liable for any damage and costs resulting from the failure to report or the delay in reporting, to the extent that such damage or costs are not covered by the applicable insurance and to the extent permitted by law.
7. Road Restrictions The scooter may only be used on paved roads. Driving on unpaved, rough, or off-road roads or terrain is strictly prohibited. Damage resulting from driving on unpaved roads or off-road terrain is not covered by the applicable insurance and remains the responsibility of the Renter, to the extent permitted by law. If the scooter must be collected or recovered as a result of prohibited use on an unpaved road or terrain, a collection/recovery fee of USD 50 will be charged, in addition to any other applicable costs.
8. Alcohol and Drugs The Renter is prohibited from operating the scooter while under the influence of alcohol, drugs, medication, or other substances that may impair driving ability. If the driver is under the influence at the time of an accident or incident, the Renter is liable for any resulting damage, loss, and costs to the extent that these are not covered by the applicable insurance.
9. Personal Belongings Macho! Scooter Rentals is not responsible for the loss, theft, or damage of personal belongings left in or on the scooter. Personal belongings are not covered by the scooter's insurance.
10. Securing and Locking the Scooter When the scooter is left unattended, the Renter must properly secure the scooter. The chain lock provided by Macho! must be secured through the rear wheel of the scooter and through or to a fixed, immovable, and suitable object, so that the scooter cannot be taken without the lock. The steering lock must also be engaged. The Renter is responsible for correctly using the security equipment provided. If the scooter is not secured in accordance with this article, the optional theft excess waiver may become void.
11. Collection and Recovery The Renter is responsible for the costs of collecting or recovering the scooter if this is necessary for reasons other than a mechanical defect that cannot be attributed to the Renter. The standard collection/recovery fee is USD 50, unless a different amount is specified in this Agreement for a particular situation. Depending on the circumstances, additional reasonable costs may be charged.
12. Passenger Limit A scooter designed for two persons may carry a maximum of two persons, including the driver. A scooter designed for one person may only be operated by the driver and may not carry a passenger.
13. Fuel Policy The scooter is provided with a full tank and must be returned with a full tank. If the scooter is not returned with a full tank, the cost of the missing fuel, plus USD 50 refuelling/service costs, will be charged to the Renter. Only Super gasoline may be used. If the scooter runs out of fuel during the rental period because the Renter failed to refuel in time, a separate service fee of USD 75 will be charged. The USD 75 service fee for running out of fuel is charged separately and is independent of the cost of filling a tank that is not full upon return. No refund will be provided for unused fuel. If the Renter uses the wrong type of fuel, the Renter is responsible for all resulting costs. A minimum service fee of USD 150 applies for draining and cleaning the fuel system. In addition, reasonable and demonstrable additional costs, including transportation, repairs, parts, and other necessary work, may be charged to the Renter.
14. Extension of the Rental An extension of the rental period is only permitted following prior approval by Macho! and must be confirmed before the originally agreed rental period expires. If the Renter uses the scooter after the end of the agreed rental period without prior approval from Macho!, the Renter is liable for any damage, loss, and costs arising during this period. In addition, insurance coverage may be limited or excluded in accordance with the applicable policy conditions. One rental day consists of a period of 24 hours. In the event of a late return, Macho! may charge an additional full rental day.
15. Return of the Scooter The Renter must return the scooter on the agreed date, at the agreed time and location, unless otherwise agreed in writing with Macho! in advance. The scooter must be returned in the same condition as at the start of the rental, except for normal wear and tear and any damage reported or recorded at the start of the rental. If the Renter returns the scooter late, to a location other than the agreed location, or otherwise not in accordance with this Agreement, the Renter is liable for the resulting reasonable and demonstrable costs. These may include, where applicable, additional rental costs, administration costs, collection or recovery costs, repair costs, and costs resulting from the scooter not being available in time for a subsequent reservation, to the extent that such costs can be attributed to the Renter and are permitted by law.
16. Prohibited Use The scooter may not be used for: races, speed tests, competitions, activities related to racing, or any other prohibited use. Damage resulting from prohibited use may be excluded from insurance coverage and remains the responsibility of the Renter, to the extent permitted by law.
17. Repairs and Maintenance Without prior permission from Macho!, the Renter may not carry out or arrange for any repairs, maintenance, or modifications to the scooter, except where immediate action is reasonably necessary for safety reasons. Costs of unauthorized repairs or maintenance may be charged to the Renter.
18. Traffic and Parking Fines The Renter is responsible for all traffic and parking fines, charges, and other administrative penalties incurred during the rental period as a result of the use or parking of the scooter by the Renter or by an authorized driver. The Renter is also responsible for any administration and processing costs incurred by Macho! in connection with such fines, charges, or penalties. If Macho! is required to pay these amounts on behalf of the Renter, Macho! is entitled to charge these amounts and any related costs to the Renter.
19. Security Deposit The Renter must provide a security deposit of USD 300.00 before or at the start of the rental period. Depending on the selected payment method, the security deposit may be paid in cash or reserved on the Renter's credit card. When paying by credit card, the amount of USD 300.00 will be reserved as a security deposit on the credit card and will not actually be charged at that time, unless otherwise agreed. The security deposit is separate from the rental price and serves as security for the Renter's obligations under this Agreement. Upon return of the scooter, the scooter will be inspected for damage, missing parts, and excessive dirt or contamination. It will also be determined whether any other amounts are outstanding for which the Renter is liable under this Agreement. Macho! is entitled to set off the security deposit against outstanding rental charges, damage, collection or recovery costs, administration costs, fines, fuel costs, and any other amounts owed by the Renter to Macho! under this Agreement, to the extent permitted by law. If no amounts need to be set off against the security deposit, a cash security deposit will be returned to the Renter immediately after the inspection. If the security deposit was reserved on a credit card, the reservation will be released after the inspection. The actual processing time for releasing the reservation may depend on the Renter's credit card company or bank. If only part of the security deposit is used for set-off, the remaining amount of a cash security deposit will be returned to the Renter immediately after the inspection. In the case of a credit card reservation, the reservation will be reduced by the amount set off against the security deposit. If the amounts owed exceed the USD 300.00 security deposit, the Renter remains liable for the outstanding balance. The security deposit does not limit Macho!'s right to claim any additional amounts owed by the Renter under this Agreement.
20. Amendments Any amendments or additions to this Agreement must be recorded in writing and signed by both parties or expressly approved by both parties.
21. Governing Law This Agreement is governed by the laws of Bonaire, Caribbean Netherlands. Any disputes arising from or relating to this Agreement shall be submitted to the competent court in Bonaire, unless mandatory law provides otherwise.
22. Cancellation Policy A cancellation fee of USD 55 will be charged for the cancellation of a confirmed reservation. This cancellation fee is non-refundable, regardless of the reason for cancellation, to the extent permitted by law.
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