Vehicle Damage Waiver & Limitation

(Curaçao – Non-Insurance Contractual Protection)

IN-HOUSE VEHICLE DAMAGE WAIVER & RISK LIMITATION AGREEMENT

1. LEGAL NATURE AND QUALIFICATION

This In-House Vehicle Damage Waiver and Risk Limitation Agreement (“Agreement”) is a contractual arrangement between Curmex Car Rental N.V. (“Company”) and the renter (“Renter”).

This Agreement:

• does not constitute an insurance policy within the meaning of Curaçao insurance legislation;
• does not involve risk transfer to a licensed insurer.
• constitutes a contractual waiver and limitation of the Company’s right to recover vehicle damage from the Renter, subject to the terms and exclusions herein.

Mandatory third-party liability insurance (WA) is provided separately and remains fully governed by mandatory Curaçao law.

2. SCOPE OF APPLICATION – AUTHORIZED DRIVERS

This Protection applies exclusively when the vehicle is operated by:

• the Renter; and
• any additional driver expressly listed in the Rental Agreement,

provided each driver:

• holds a valid and legally recognized driver’s license in Curaçao; and
• complies with all qualification requirements of the Company.

Any deviation results in full contractual liability of the Renter.

3. COVERED DAMAGE (SUBJECT TO EXCLUSIONS)

Subject to Section 4, the Company waives its right to recover damage costs for accidental physical damage or loss of the vehicle caused by:

• collision or rollover;
• fire, explosion, or lightning;
• theft or attempted theft;
• vandalism or malicious damage.

4. EXCLUSIONS – NO WAIVER APPLIES IN CASE OF:

The Protection does not apply, and the Company retains full recovery rights, if damage or loss results from:

1. Driver Conduct:
2. driving under the influence of alcohol, drugs, or intoxicating substances;
3. driving without a valid license;
4. allowing unauthorized drivers;
5. gross negligence, recklessness, or intentional misconduct;
6. violation of traffic or criminal laws.
7. Improper or Prohibited Use:
8. racing, competitions, speed testing;
9. illegal use; use outside Curaçao or outside permitted areas;
10. subleasing or lending the vehicle.
11. Specific Damage Categories:
12. normal wear and tear; mechanical or electrical failure not caused by an accident;
13. tire or rim damage unless occurring simultaneously with other covered damage;
14. interior damage due to misuse, negligence, water, sand, animals, or smoking;
15. lost or damaged keys unless resulting from a reported theft;
16. personal property of the Renter or passengers.
17. Theft-Related Negligence:
18. vehicle left unlocked;
19. keys lost, abandoned, or negligently handled;
20. failure to take reasonable precautions against theft.
21. Excluded Losses:
22. bodily injury, medical costs, or death (covered solely under mandatory WA insurance where applicable);
23. fines, penalties, or administrative sanctions; loss of use, loss of rental income, or downtime, which shall remain contractually recoverable from the Renter;
24. war, civil unrest, nuclear risks, or terrorism.

5. DEDUCTIBLE (EXCESS)

Each covered incident is subject to a deductible of USD 250.

The Company waives recovery of damage exceeding this amount, provided full compliance with this Agreement.

6. RENTER OBLIGATIONS

In the event of damage, accident, or theft, the Renter must:

• notify the Company immediately or within 24 hours;
• obtain a police report in cases of theft, injury, or third-party involvement;
• refrain from repairs without Company approval (except emergencies).

Failure to comply entitles the Company to full recovery of damages.

7. DURATION

This Protection applies only during the rental period and only while the vehicle is used in full compliance with the Rental Agreement and this Agreement.

8. COST

Optional Protection fee:

• USD 20 per day (economy/compact);
• USD 25 per day (all other classes).

 9. GOVERNING LAW AND JURISDICTION

This Agreement is governed by the laws of Curaçao.

All disputes fall under the exclusive jurisdiction of the courts of Curaçao.

10. ACCEPTANCE

By signing the Rental Agreement, the Renter expressly confirms:

• receipt and understanding of this Agreement;
• acceptance of its contractual nature;
• acknowledgment that this is not insurance.

          Customer Signature                                                                                 Checker-in Signature

Order number:

Date: