Article 1.

1. These general terms and conditions form part of the car rental agreement between the rental company Fox Bonaire Car Rental and the renter of the vehicle.
2. This agreement can only be amended in writing to be signed by both the renter and Fox Bonaire Car Rental.
3. The 'Check Out Report' of this agreement, specifying details with respect to (the condition of) the vehicle, the rental period, the rent, insurance options etc. forms part of the rental agreement.
4. In this agreement the word 'vehicle' means a car, bus, truck, pick-up or any other vehicle as specified in the rental agreement. Furthermore, where applicable, it also implies wheels, tools, equipment, accessories and vehicle documentation.
5. Fuel is not included in the rent. Returned vehicles must contain the same amount of fuel as when they were handed over to the renter. If this is not the case, there will be a refill charge for each shortage of 1/8 fuel tank. The renter is not entitled to any refund for over-tanking.
6. Before tanking the renter must ascertain which kind of fuel the vehicle requires. Fox Bonaire Car Rental can never be held liable by the renter for any damage caused by usage of the wrong kind of fuel for the rented vehicle.
7. The renter will be held fully liable for any and all damage caused to the vehicle engine, in case he/she has used the wrong kind of fuel.
8. The renter is not bound to any minimum or maximum mileage (free mileage).
9. Vehicles are only rented out to persons who have been in the possession of a valid driver's license for at least 2 years.
   

   It is only possible to rent including CDW insurance

   20 years - CDW premium of US$ 30.00 per day 21 years - CDW premium of US$ 26.00 per day 22 years - CDW premium of US$ 22.00 per day 23 years - CDW premium of US$ 18.00 per day 24 years - CDW premium of US$ 14.00 per day

   From age 25 onwards the normal premium of US$ 11.00 per day

   Full Coverage Plan US$ 8.00 per day on top of the premium.

   Vehicles are not rented out to persons under 20 years of age.

Article 2.

1. The rental agreement is concluded for the time period and at the rate as mentioned therein or as has been otherwise agreed upon in writing. In the event that, for any reason, the rental vehicle is returned prior to the due date, no refund is given. Unless the rental company has given permission to return the vehicle at a later time, the renter remains liable for any and all damage caused to or with the vehicle until the moment the vehicle has in fact been returned to the rental company and the rental company has inspected it or has engaged a third party to inspect it.
2. Upon conclusion of the rental agreement the renter must inspect the vehicle and report any damage and/or defects immediately to Fox Bonaire Car Rental, of which a written report will be drawn up. Any damage or defects reported at any moment thereafter is not admissible and the renter will be held responsible therefor.
3. If the renter wishes to extend the rental period, Fox Bonaire Car Rental must be informed thereof in advance, i.e. before expiry of the agreed rental period. The rental period thus extended will remain subject to these general terms and conditions. All vehicle insurances taken out for the initial rental period shall be automatically renewed for the period of extension.
4. If without prior notice to Fox Bonaire Car Rental the vehicle is not returned to the rental company within the agreed rental period, Fox Bonaire Car Rental has the right to repossess the vehicle forthwith. In such an event the renter shall owe the rent as specified in section 5 up until the moment the vehicle has in fact been repossessed by Fox Bonaire Car Rental. Furthermore, all vehicle insurances taken out for the initially agreed rental period shall be automatically renewed up until the moment the vehicle has in fact been repossessed by the rental company.
5. If the vehicle is returned later than stated in the rental agreement, the renter will be charged a fee of US$ 6.00 per hour + insurance for the additional day(s) if the renter has purchased insurance for the previous rental days. After 4 hours the full daily rental price is charged.
6. The vehicle must be returned in good condition at the location designated and at the time specified in the 'Check Out Report'.
7. When the vehicle is returned, it will be inspected by Fox Bonaire Car Rental report will be drawn up of any damage/defects found, which will be charged to the renter.

Article 3.

• The renter is not allowed to remove the vehicle in any way whatsoever from the island of Bonaire. In case of removal from the island by ferry, cargo-ship or whatever other means of transport, a report of theft will be filed with the police, as the rental agreement and all rights consequent thereon shall be null and void as of the moment of removal. A fine equal to the current market value or book value of the vehicle (at the discretion of the rental company), increased by collection and interest charges of at least 15% of the selected value, shall be imposed. In addition, the renter shall be liable for any and all legal and extrajudicial expenses incurred.

Article 4.

1. The insurance conditions are available for inspection and form part of this rental agreement. Upon request a copy will be given to the renter.
2. The renter is fully liable for any and all losses not covered by the insurance.
3. Only if an official police report of the accident is submitted to Fox Bonaire Car Rental proving that the damage was not due to the renter's intent, fault or negligence and that the damages can be recovered from the other (known) party to the accident, will the own risk deductible charged for damage to the rented vehicle not be applicable. Until such moment that all damages have in actual fact been recovered from the known other party to the accident, the renter will be held liable and responsible for all damage. There will be no refund to the renter until all damages have been fully recovered from the other party.
4. Fox Bonaire Car Rental has the right to change the insurance conditions. If this is done, Fox Bonaire Car Rental will make sure that any such changes are indicated clearly and are available for inspection at the check-in counters.
5. No insurance
   When renting a car without insurance, the renter is fully responsible for:
   
   1. any and all damage to the rented vehicle, caused either by the renter and/or by an unknown third party, irrespective of the extent of the damage;
   2. any and all damage to the rented vehicle, due to burglary and/or theft;
   3. any and all damage inflicted upon any third partie(s) resulting from a collision due to the renter's fault;
   4. the rental income that is lost as a result of Fox Bonaire Car Rental not being able to rent out the rental vehicle due to damage and/or damage repair;
   5. claim settlements with the police, third parties and insurance companies.
   When renting a vehicle without insurance, the renter will be charged for the expected rental costs when picking up the rental car. Additionally, a deposit of US$ 2,500.00 shall be reserved by means of an authorisation on the credit card issued by the renter.
6. CDW (Collision Damage Waiver)
   
   1. The own risk deductible amounts to US$ 550.00 excl. 8% sales tax for any and all damage to the rented vehicle resulting from a collision/accident caused by the renter or an unknown third party. The renter is fully liable for any and all damage to the rented vehicle amounting to less than aforementioned amount.
   2. Damage due to burglary and theft is not covered by the insurance.
   3. The own risk deductible amounts to US$ 550.00 excl. 8% sales tax for any and all damage inflicted upon any third parties resulting from a collision due to the renter's fault.
7. Full Coverage Plan.
   
   1. The own risk deductible amounts to US$ 150.00 excl. 8% sales tax for any damage to the vehicle resulting from a collision/accident caused by the renter or an unknown third party. The renter is fully liable for any damage to the rented vehicle amounting to less than aforementioned amount.
   2. Only if a police report can be submitted proving that the renter had not left any valuables in the vehicle and had put the key away in a safe place, will the renter not be liable for any damage to the rented vehicle resulting from theft of (parts of) the vehicle or from burglary. In all other cases the own risk deductible amounting to US$ 150.00 excl. 8% sales tax shall be applicable. The word 'valuables' includes items such as: mobile phones and/or accessories, cameras and/or accessories, diving gear and diver's watches, jewels, wallets, instruments of payment such as credit cards, checks and cash money, computers and palmtops and/or accessories, visible bottles of liquor, cigarettes, car or hotel keys, designer clothing and/or branded articles and accessories.
   3. IMPORTANT: only if he/she has submitted a police report as referred to sub 2, will the renter not be liable for any damage to the rented vehicle in the event of theft. Therefore the renter is advised before turning in the vehicle to carefully inspect it for damage himself and to make sure that the spare tire and car tools are still in the vehicle. If upon returning the vehicle the renter has no time left to report any damage to the police, Fox Bonaire Car Rental will nevertheless recover all damages from the renter up to the amount of the own risk deductible amounting to US$ 150.00 excl. 8% sales tax.
   4. The own risk deductible amounts to US$ 150.00 excl. 8% sales tax for any and all damage inflicted upon any third parties resulting from a collision due to the renter's fault.

Article 5.

1. When the rental car is picked up, the renter will be charged for the expected rental costs and the applicable own risk deductible shall be reserved by means of an authorisation on the credit card issued by the renter. Only renters who have taken out the Full Coverage Plan will be allowed, upon their explicit request, to pay their own risk deductible deposit in cash.
2. The following credit cards are accepted Mastercard, Visa and Discover.

Article 6.

• The renter is obligated and undertakes to pay any and all amounts due before leaving Bonaire. If necessary, all legal and/or extra judicial collection and interest charges amounting to at least 15% plus legal fees will be charged to the renter.

Article 7.

• Only the renter of the vehicle, as specified in the rental agreement, and persons specifically mentioned in the rental agreement as 'additional drivers' are authorized to drive the vehicle. There is a surcharge of Naf 17.80 (US$ 10.00) for each additional driver mentioned in the rental agreement. Any damage caused by an additional driver will be recovered from the main driver, i.e. the renter.
• If the renter has allowed another person not mentioned in the rental agreement to drive or move the vehicle, or if the renter has been negligent in preventing third parties from driving or moving the vehicle, the renter shall be fully liable for any and all damage caused to the rented vehicle, the passengers or any other third parties. In such a case the renter shall not be entitled to any insurance coverage.
• The renter must make sure that, apart from the drivers mentioned in the rental agreement, no one else will be given the keys to the vehicle.
• Each and every occurrence (harmful event), irrespective of whether third parties or possessions of third parties are involved, must be reported immediately to the police (tel.: 717-8000) and to Fox Bonaire Car Rental (tel. main office: 717-8980). Failure to do so will result in cancellation of the insurance coverage making the renter responsible for any and all damage caused.
• The renter is not allowed to drive on unpaved roads, nor in the National Park, unless he has rented a pick-up truck, a two-wheel or a four-wheel drive car. Damage to cars and buses due to driving on unpaved roads is not covered by the insurance. If cars or buses are found to have been used in the National Park, Fox Bonaire Car Rental shall have the right to charge the renter a fine of US$ 150.00 The renter himself shall be responsible for salvaging the car, if this should be necessary, and any and all expenses involved therewith shall be for his account. Fox Bonaire Car Rental is not in any way obligated to provide assistance in such cases.
• The renter shall be fully liable for any and all damage caused by or to the vehicle whilst driving under the influence of alcohol, drugs or medication.
• If any misrepresentation has been made with respect to the validity of the driving-license or if the driver has been disqualified from driving, damage caused to or by the vehicle will not be covered by the insurance.
• The renter is fully liable for any and all costs resulting from traffic or parking violations or from any other offences committed during the rental period.
• Whenever the renter leaves the vehicle behind, the key and all valuables must be removed and we do advice: don't lock the car.
• If the vehicle has to be towed away, all costs involved shall be for the account of the renter, unless a mechanical defect caused its malfunctioning.
• It is not allowed to use the vehicle to transport passengers or goods for hire or reward, nor to tow or push other vehicles. Violation of this provision will make the renter fully liable for any and all losses of or damage to passengers, goods or the vehicle.
• The vehicle should not be overloaded and should be handled carefully. It is not permitted to transport more passengers than can be seated in the vehicle, including the driver.
• Flat tires should be changed instantly. Failure to do so will make the renter fully liable for any and all damage caused. Naf. 25.00 (US$ 14.04) will be charged for repairing a flat tire. If the tire cannot be repaired the cost of a new tire will be charged.
• Naf. 44.50 (US$ 25.00) is charged for changing a tire, unless Fox Bonaire Car Rental had failed to provide a spare tire and tools for changing tires. In the renter has purchased the Fox Bonaire Car Rental Full Coverage Plan, flat tires are not charged.
• The renter is not allowed to participate in any road-test, race or contest with the vehicle. Violation of this provision will make the renter fully liable for any and all damage caused.
• In all above-mentioned instances where the renter is held fully liable, the insurance coverage is excluded.

Article 8. Night depository

1. After office-hours the renter may turn in the vehicle at the Fox Bonaire Car Rental night depository at the Rental Center, located just across the airport. This is only possible if the renter has notified Fox Bonaire Car Rental in advance that he wishes to do so. However, the renter remains fully liable for any and all damage to the vehicle found upon inspection by Fox Bonaire Car Rental, which will take place immediately upon opening the office the following morning. This inspection will be carried out on the basis of the damage report drawn up by the rental company upon conclusion of the rental agreement.
2. Use of the night depository is only possible, if the renter has paid the deposit by means of credit card authorisation upon conclusion of the rental agreement, so that Fox Bonaire Car Rental can use the credit card to obtain payment.

Article 9.

1. Fox Bonaire Car Rental shall not be liable for any misuse or loss of personal belongings, goods or luggage belonging to the renter, the authorized (additional) driver(s) or any other users or passengers of the vehicle. The insurance does not cover any such losses either.
2. Fox Bonaire Car Rental shall not be liable for any damage or personal injury resulting from a collision or any other accident and inflicted upon any passengers (including the renter and/or any additional drivers) transported in the rented vehicle. Only possible if a liability form has been signed in advance.

Article 10.

• We charge US$ 75.00 at confirmation.
  At "no show" and with a cancellation by client less than 1 week prior to arrival there is no refund of this amount.

Article 11.

• Fox Bonaire Car Rental is authorized to repossess the vehicle before expiry of the rental agreement, without any prior warning or judicial intervention and without prejudice to its right to full compensation for any and all costs and losses, if it appears that the renter has made any misrepresentation with respect to the purpose of renting or obtaining the vehicle, which is of such a nature that if Fox Bonaire Car Rental would have known this purpose in advance, it would not have concluded the rental agreement, or if it appears that the vehicle has been used to violate the law or has clearly been abandoned, or if the renter is in breach of any article of this rental agreement.

Article 12.

1. If any provision of this rental agreement should be null and void or invalid, this does not affect the applicability and validity of the remainder of the agreement.
2. In case of any difference in interpretation of the Dutch and the English text of this agreement, the Dutch text shall prevail.

Article 13.

• Netherlands Antillean law shall be applicable to this rental agreement.