Terms and Conditions
Laatst bijgewerkt: 28 April 2025
Terms and Conditions
Viva La Diva Curaçao, registered under Chamber of Commerce number 168898. These Terms and Conditions ("T&C") form part of the rental agreement between the renter of the car and Viva La Diva Curaçao as the car rental provider. The car is defined as the vehicle rented by the renter, as specified in the rental agreement, including key(s)/remote control, wheels, tools, accessories, and car papers. The renter and any additional driver(s) named in the rental agreement must each be at least 23 years old, have held a valid driver’s license for at least 3 years, be physically and mentally fit, and capable of driving the car. Only these individuals are permitted to drive the car. Additional drivers are NOT allowed unless they have been added to the rental agreement.
Article 1. Use of the Car
The car may only be used by the renter for normal personal use. The renter must handle the car with care. The car may not be used for:
- Illegal or commercial activities.
- Giving driving lessons.
- Pushing or towing vehicles/trailers.
- Transport that violates the laws of Curaçao.
- Participation in car races, rallies, etc.
- Driving by someone who is physically or mentally unfit.
- Driving by someone without a valid driver’s license.
- Driving by someone not registered with Viva La Diva Curaçao.
- Off-road driving (except at the specified locations: Watamula, San Juan, San Pedro flat, Bullenbaai, Koraal Tabak, Shut); driving on the access road to Cas-Abou beach and in the Shete Boka National Park is allowed.
- Consumption of alcohol/drugs/medication before or while driving. If alcohol use is suspected before or during driving, Viva La Diva Curaçao has permission to perform an alcohol test.
- Use of a mobile phone while driving.
- Smoking in the car.
- Leaving items in the car (visible or invisible).
The car should not be overloaded, and no passengers should be transported in areas other than the designated seats, nor should there be more passengers than there are seats.
The car is equipped with a GPS tracking system. This system notifies Viva La Diva Curaçao when the car is in prohibited off-road locations or significantly exceeds the maximum speed. Viva La Diva Curaçao reserves the right to consult the data recorded by this system in cases of emergencies or when deemed necessary for other reasons.
Article 2. Fuel
Fuel is not included in the rental price. The car must be returned with the same amount of fuel as it had at the time of delivery to the renter. In principle, the car is delivered with a full tank of fuel. The fuel level at the time of delivery is indicated in the rental agreement. If the fuel level upon return is significantly lower than at the time of delivery, an additional charge of XCG 25 will be applied, in addition to the cost of the refueled fuel. The renter is not entitled to a refund for excess fuel purchased.
The renter must verify in advance which type of fuel should be used. In the event of incorrect fueling, the renter is fully liable for any damage caused to the car (including the engine). Viva La Diva Curaçao is not liable to the renter for any damage resulting from fueling with unsuitable fuel for the car.
Article 3. Rentalperiod
The minimum rental period is 4 days (unless otherwise stated in the rental agreement).
The rental agreement is entered into for the rental period and total rental amount as specified in the rental agreement or otherwise agreed upon in writing. If the car is returned for any reason before the end of the rental period indicated in the rental agreement, the renter is not entitled to a refund of the paid rental amount (unless otherwise agreed).
A reserved rental period can only be shortened up to 24 hours before the start of the rental period.
Extension of the rental period is possible in consultation with Viva La Diva Curaçao. The terms and conditions in the rental agreement and these T&C will continue to apply during the extended rental period and will be automatically extended.
If the car is not returned by the renter within 1 hour after the end of the rental period specified in the rental agreement, an additional fee of XCG 15 per hour (including VAT) will be charged for each of the next 3 hours of delay. After these 3 hours, the full daily rate (plus any excess insurance buyout) will be charged per calendar day.
In case of late return of the car, Viva La Diva Curaçao also has the right to immediately reclaim the car. If the renter breaches the contract or acts in violation of these terms, Viva La Diva Curaçao also has the right to immediately reclaim the car without refunding any paid rental amount. Any related costs and/or damages will be at the renter's expense.
Article 4. Payment
The total rental amount for the agreed rental period, including any excess insurance buyout, additional fees, any rented accessories, and VAT, as well as the security deposit, must be paid in full by the renter in advance or at the time of delivery/receipt of the car.
No additional rental fee will be charged for a second driver.
oor een reservering is een aanbetaling vereist van XCG 150,- Dit bedrag dient direct na reservering te worden voldaan, tenzij anders vermeld. Bij een annulering zonder gegronde rede is huurder de aanbetaling van de huursom voor de auto kwijt.
The renter is also obligated to pay any additional costs incurred within 1 week after the rental period ends. If the renter fails to meet this obligation, a 25% annual interest rate will be charged on the outstanding amount starting from 1 week after the rental period ends. Additionally, any collection costs will always be borne by the renter.
Article 5. lnspection of the Car
Upon delivery of the car at the start of the rental period, the rental provider and the renter must inspect the car together and immediately report any existing damage and/or defects to Viva La Diva Curaçao. All damages (larger than a 1-guilder coin) and/or defects will be noted in the rental agreement. Damage and/or defects reported by the renter after the fact will be charged to the renter.
The car must be returned by the renter in the same condition (except for normal wear and tear) and not excessively dirty inside (under normal use). Upon return, the car will be inspected by Viva La Diva Curaçao. Any damage and/or defects found that were not listed in the rental agreement will be charged to the renter. If the car is returned after 6:00 PM or is excessively dirty, the renter will be responsible for any damage, up to a maximum of 24 hours after the return. If the car is returned excessively dirty (in Viva La Diva Curaçao's judgment), a cleaning fee of XCG 50 will be charged
Smoking in the car is NOT allowed. If it is found that smoking has occurred in the car, a cleaning fee of XCG 250 will be charged.
Artikel 6. Verzekering
The car rental includes comprehensive (all-risk) insurance with a deductible of XCG 1,000 per event, and Personal Accident Insurance (PAI) coverage of up to XCG 30,000 per event (for all occupants of the car combined). The deductible can be reduced to XCG 300 per event for an additional fee of XCG 20 per day.
The insurance coverage is extensive (up to XCG 150,000 per event). Any costs for damage/injury to a third party exceeding this insured amount will be the renter's responsibility.
The insurance coverage is void in all the situations mentioned in Article 1 and/or when false information is provided regarding the validity and/or issue date of the driver’s license of an authorized driver, when the driver has had their driving privileges revoked, or when the driver is physically or mentally unfit to drive the car.
If the key/remote control is lost or damaged, the full cost will be charged to the renter.
Any damage caused to the car, passengers, third parties, and/or financial losses incurred by Viva La Diva Curaçao in these cases will be fully at the renter’s expense.
In case of a collision or theft of the car, the car must not be moved. The renter must first call Forensys (9233), wait for them to arrive, and follow their instructions. Forensys may also involve the police. In the case of theft, the renter must contact the police directly (tel. +5 999 911 or +5 999 917). A Forensys report and, if applicable, a police report must be submitted to Viva La Diva Curaçao. Without the involvement of Forensys and/or if the car is moved before Forensys arrives, the insurance coverage is void, and all costs, including any fines, will be the renter's responsibility.
If the car has a convertible roof or sunroof, it must be closed as soon as possible during rain. For off-road driving (only at the two permitted locations), the roof/roof system should preferably also be closed. Any significant water damage to the car and/or damage to the roof system will be fully at the renter’s expense. The renter is also fully responsible for any damage not covered by the insurance. Viva La Diva Curaçao reserves the right to change the terms of the insurance during the rental period.
Article 7. Parking
When parking or leaving the car unattended, the renter must always remove the key, engage the steering lock, lock the car, and activate the alarm (if available). If these conditions are not met, the insurance coverage will be void in case of theft or burglary of the car.
The car must not be parked in dark and/or remote locations. Additionally, the car should preferably be parked in a secure or guarded area at night (if possible). The renter should never leave items visible inside the car, and valuable items should not be left in the car. Any damage caused by break-ins due to this will be entirely the renter’s responsibility.
Article 8. Fines
The renter is fully responsible for all fines and costs resulting from traffic or parking violations or any criminal offenses committed during the rental period.
Article 9. Breakdown/Roadside Assistance
Viva La Diva Curaçao maintains its cars with care. The car is also covered by a local 24/7 roadside assistance subscription. In the event of a breakdown, the renter must first call +5 999 9247. Viva La Diva Curaçao must always provide prior approval for any repairs by the roadside assistance that involve costs.
A flat tire must be repaired or replaced immediately at NAPA (or, with prior consultation with Viva La Diva Curaçao, at another party). The renter is fully responsible for any damage caused by failing to do so. Roadside assistance will also assist with changing or inflating a tire. However, the cost of repairing or replacing a flat tire will be borne by the renter, even if the flat tire cannot be repaired. In such cases, the renter will be charged for a new tire.
Roadside assistance does not provide services on unpaved roads. The renter must arrange for the repair and/or towing of the car independently in such cases, and Viva La Diva Curaçao has no obligation to assist in this.
The renter is also fully responsible for any damage caused by ignoring warning lights and gauges in the car.
Article 10. Replacement Car
If a car reserved by the renter is unexpectedly unavailable at the start of or during the rental period, Viva La Diva Curaçao will provide a comparable replacement car, either from their own fleet or from another rental company within the same price range. In such a case, the renter is not entitled to any refund of the rental amount already paid. Any additional costs for the replacement car will be fully covered by Viva La Diva Curaçao.
If the replacement car is provided by another rental company, the renter must comply with the rental terms of that company.
The potential invalidity or unenforceability of any provisions in these General Terms and Conditions does not affect the applicability and validity of the remaining provisions.
The renter indemnifies Viva La Diva Curaçao from all liability for injury and other health issues caused to persons transported in the car and/or damage to or loss of goods/personal belongings transported in the car. Furthermore, the renter fully indemnifies Viva La Diva Curaçao from any claims that could be made against Viva La Diva Curaçao for reimbursement of costs and compensations that could arise in any way from or be related to the ownership or rental of the car.
In cases not provided for in these General Terms and Conditions, the decision-making authority lies with Viva La Diva Curaçao.
The rental agreement and these General Terms and Conditions are governed by the laws of Curaçao. Any disputes will be submitted to the competent court in Curaçao.