DATSUN SURINAME N.V.-
GENERAL CAR LEASE TERMS
In these terms, the following is understood by:
The agreement: The agreement of lease and rental of a vehicle from the lessor by the lessor to the lessee.
The vehicle: A vehicle with liability insurance, which is subject of the agreement;
The lessee: The natural person or legal body who enters into the agreement as lessee;
The lessor: DATSUN SURINAME N.V. conducting business under the name of
NISSAN SURINAME CAR RENTAL;
The driver: the actual driver of the vehicle
Damage: the property damage which the lessor suffers directly or indirectly as a result of:
a) damage, among which is understood a state of the vehicle or of its parts that does not apply to normal wear, or loss of the vehicle or its accessories or its parts or of another matter of the lessor. This damage includes among other things the costs replacement of the vehicle and the loss of rental income;
b) damage inflicted upon person or property with or by the vehicle, for which the lessor, the license plate owner, or the liability insurer of the vehicle is liable.
ARTICLE 1: RENT AND RENTAL PRICE
1.1 The agreement is concluded for the period and the daily rate as is stated in the agreement or has otherwise been agreed upon in writing. The maximum rental period is 30 (thirty) days with a minimum of one (1) day. The possibility for extension of this period is possible, if the vehicle has not already been rented out. The vehicle is returned in a clean state by the lessee. If it turns out during check-in that extra cleaning costs, which fall outside regular cleaning, must be made, these will be charged separately. Only after having been granted permission by the lessor, the lessee is allowed to return the vehicle at a time which is beyond business hours of the lessor. In that case, the lessee remains to be liable for all arising damage until the time when the lessor has actually received the vehicle and has inspected or has had it inspected.
1.2 Up to a maximum of 150 KM per day, no extra costs per driven kilometer will be charged to the lessee. The lessee is also not bound by a maximum amount of kilometers to be driven, but makes no claim to restitution of part of the rental price in case less than 150 KM was driven per day.
1.3 Costs for preparing to drive, costs for picking up and bringing, fuel costs and contract costs can be charged.
1.4 Included in the rental price are services, namely: changing oil, renewing filters, lubricating, insurance.
1.5 Not included in the rental price are any towing- and transport costs of the vehicle and/or passengers.
1.6 All other costs that are connected to the use of the vehicle, are to be paid by the lessee.
1.7 The lessee (or the authorized driver) must frequently check the engine level, the level of brake fluid, as well as the gearbox (if dip-stick is present).
1.8 Data of the lessees are confidential.
ARTICLE 2: DURATION
2.1 The lessee is contracted to return the vehicle to DATSUN SURINAME N.V. conducting business under the name of NISSAN SURINAME CAR RENTAL at Wagenwegstraat no. 53 in Paramaribo, not later than the day and at the time the agreement terminates, unless written extension of the agreement had been agreed upon beforehand.
2.2 When the reserved vehicle is not available, the lessee will get a vehicle of the hereupon following higher class, without additional costs.
2.3 In case the vehicle is returned earlier (so-called “early return”), a refund on the rental amount will take place, which is 30% on the period that the vehicle has been returned earlier.
2.4 If the vehicle has not been handed in at the lessor within the period stated in the agreement or possibly written extended period, or has been handed in at a third party with permission of the lessor, the lessor is authorized to take back the vehicle immediately. The obligations of the lessee which result from this agreement remain effective up to the moment the vehicle is in lessor’s possession again, on the understanding that when the vehicle has not been returned by the lessee within a half hour after the hand-in time stated by the lessor, the daily rate will be charged to the lessee, on the understanding that also the extra kilometer rate will apply when exceeding the permitted amount of day-kilometers. However, if the vehicle is returned within a half hour after the hand-in time, which is stated by the lessor, has lapsed, then the lessee can be considered for cancellation of extra costs for late return of the vehicle.
2.5 Annulment of the agreement is not possible, unless an annulment arrangement was made in writing.
2.6 If a concluded rent has been cancelled without annulment arrangement, then that will be considered a “no show” (not showing up) and the lessee is not entitled to restitution of rental price that has already been paid.
ARTICLE 3: PAYMENT DEPOSIT AND DAMAGE
3.1 The payment of the total rental price by the lessee takes place immediately after signing the agreement, unless parties have agreed otherwise.
3.2 When signing the agreement, the lessee pays a deposit of US$ 500.- to the lessor as well.
3.3 Furthermore, at all times the lessor is entitled to recoup his claims on the lessee with regard to possible compensation immediately after concluding the agreement.
3.4 The deposit will be returned only when the vehicle has been handed in.
In the event of damage, the deposit will be returned only when it has become evident that it does not exceed the extent of the damage, after which not more than the deposit minus the damage amount is returned.
3.5 If after notice, the lessee also fails to pay the money due, he will furthermore have to compensate collection charges.
With Collection charges is meant all legal and non-legal costs made by the lessor for the collection of the amount due.
3.6 All expenses to be made in case of loss or damage settlement are immediate due by DATSUN SURINAME N.V. conducting business under the name of NISSAN SURINAME CAR RENTAL. In case of negligence, 2% interest fine per month will be charged. Parts of a month will be considered one month.
3.7 Legal taxes and other costs, which change during the rental period and which occur outside the range of influence of DATSUN SURINAME N.V. conducting business under the name of NISSAN SURINAME CAR RENTAL, can later on be charged to the lessee.
3.8 The payments by the lessee can take place in cash at the counter or in a manner to be indicated by the lessor.
ARTICLE 4: USE OF THE VEHICLE
4.1 The lessee must handle the vehicle carefully and see to it that the vehicle is used according to its purpose. The lessee is completely responsible for the vehicle at all times.
4.2 During the rental period, the costs in connection with the use of the vehicle e.g. costs for fuel, cleaning and parking, are for the lessee.
4.3 The vehicle can be used for no other objectives than for own transport. The lessee is not allowed to set in the vehicle “commercially”; so the lessee can not rent out the vehicle, not use it for rally-race and test activities (in advertisement and media program), not use it for pulling or towing activities, not use it in an irresponsible manner, as a result of which unnecessary damage is brought upon the vehicle (vehicles with automatic transmission must, in case of car trouble etc. never be towed, but must be carried on a so-called “carrier-wagon”). The vehicle can not be used for other activities which are in breach of the statutory laws and stipulations.
4.4 The lessee is obliged to return the vehicle in its original state to the lessor. The lessee is obliged to rectify changes or additions made by him or on his behalf; in this matter the lessee can not have any right exerted on compensation.
4.5 Only persons who have been indicated as driver in the agreement are allowed to drive the vehicle. In case more drivers have been reported, an additional compensation of $ 5.- per day can be charged. The lessee is not allowed to place the vehicle at a person’s disposal whose name is not mentioned as driver on the front of the agreement.
4.6 The lessee must see to it that all drivers have a valid driver’s license, are older than 21 years and have the physical and mental constitution, which are required for driving a particular vehicle. DATSUN SURINAME N.V. conducting business under the name of NISSAN SURINAME CAR RENTAL may at all times, without prior permission of the lessee investigate the historical driving manners of the reported drivers.
4.7 If the lessee lost control of the vehicle, he must notify the lessor immediately. In case of foul play suspicion, notify the police first.
4.8 The lessee should refuel the vehicle with proper fuel. Vehicles are delivered with a fuel tank and should also be returned with a full tank by the lessee, otherwise refueling costs will be charged by DATSUN SURINAME N.V. conducting business under the name of NISSAN SURINAME CAR RENTAL. The lessee can also pay in advance for the full tank that had been delivered by the lessor. However, no compensation of the remaining fuel will take place.
4.9 In case of damage or defects on the vehicle, the lessee is not allowed to use the vehicle if it can lead to worsening of the damage or of the defects, or to decrease of traffic safety.
4.10 The lessor is entitled to take back the vehicle immediately, if in lessor’s opinion the lessee acts contrary to the regulations of this agreement. This is not considered an “early return”, returning the vehicle early.
4.11 The lessee is prohibited:
* to transport persons in the loading platform of the vehicle;
* to rent out the vehicle to third parties or have passengers transported with it on payment of money;
* to leave the vehicle without closing off;
* to drive the vehicle under the influence of drink and/or other drugs;
* to have persons driving the vehicle other than the persons appointed by the lessor;
* to overload the vehicle.
4.12 The vehicle may only be used on Surinamese territory, unless agreed otherwise.
ARTICLE 5: REPAIR
Defects, damage and incidents on the vehicle must be reported as soon as possible to the lessor and the police, in case of foul play suspicion. Repairs performed on the vehicle without prior permission of the lessor are for the account and risk of the lessee. After the rental period has been terminated, the vehicle must be returned in a clean state. If this does not happen, the lessee will have to pay the cleaning costs. These amount to US$ 20.00 for coarse dirt (e.g. bauxite, mud) and US$ 10.00 for city-dirt (e.g. dust, sand), the things mentioned at the discretion of the lessor.
ARTICLE 6: RESPONSIBILITY OF THE LESSEE
6.1 The lessee is responsible for all damage that has been inflicted on the vehicle and/or parts thereof during the rental period, notwithstanding whether this is caused through fault of the lessee or not, or whether such case took place in or outside superior forces. If desired, the damage can be determined by an expert, to be appointed by lessee and lessor together.
6.2 As long as the lessee has not returned the supplemented documents (car papers) completely and undamaged to lessor after having returned the car into the garage of the lessor, the lessor suffers loss of profits, for which the lessee is liable as well.
6.3 The lessee indemnifies lessor against all damage of passengers or third parties, for which lessor on the ground of the law could be liable and indemnifies lessor against all fines and transactions and the like, which could be imposed on the lessor with regard to criminal offences and traffic offences committed by the driver and/or passengers during the rental period.
6.4 Liability Damage Waiver (LDW). When not entering into the LDW, lessee is fully responsible for the total value of damage to the vehicle. The lessee can shift some risk by entering into a LDW, which indemnifies him for costs up to US$. 500.00 in case of damage to the vehicle. LDW premium is US$. 10.00 extra per day. Other costs that are not covered under LDW in case of damage are: theft, accidents, illegal use, towing costs, claim costs imposed by insurance companies, irresponsible driving behavior, driving under the influence of drugs, medicaments or alcohol, not reporting and producing a police accident report immediately, negligence (leaving the car open).
6.5 The lessee must also sign any possible damage report (drawn up in triplicate), before the lessee leaves the check-in location.
6.6 In case of “total loss”, the lessee is liable, without regard to whose fault it was, and the total costs to be made for replacing the vehicle can be passed on to the lessee.
6.7 The lessee is responsible for all other costs that are not covered by the Liability Damage Waiver (LDW) in case of damage, e.g.: theft, accidents, illegal use of the vehicle, towing costs, claim costs imposed by insurance companies, irresponsible driving behavior or driving under the influence of drugs, medicaments or alcohol, not reporting and producing a police accident report immediately, negligence (leaving the car open), etc., etc.
6.8 The lessee is responsible for behaviors and negligence of the driver, the passengers, and other users of the vehicle, also when they did not have the approval of the lessee.
6.9 All costs of legal and non-legal measures as well as of legal aid that lessor have to make in order to exercise his rights by virtue of this contract are for the account of lessee.
All other agreements outside this contract are invalid.
ARTICLE 7: RESPONSIBILITY OF THE LESSOR
7.1 Lessor is not responsible for possible costs and/or damage that came into existence for the lessee as a consequence of any damage and/or defect inflicted on the vehicle or on third parties.
7.2 If during the rental period, the lessee can not use the vehicle due to whichever circumstances, the lessor does not bear responsibility for its resulting damage and costs. Lessor will nevertheless provide substitute transportation. However, the lessee must still pay the agreed rental price, unless the lessee proves that all this is the consequence of a defect of the vehicle that had already been present when the rent started.
7.3 DATSUN SURINAME N.V. conducting business under the name of NISSAN SURINAME CAR RENTAL is not responsible for the loss of personal possessions which were left behind in the vehicle.
ARTICLE 8: ANNULMENT
The lessor is authorized to terminate the agreement without proof of default or judicial intervention, and to have the vehicle placed back into lessor’s possession, without prejudice to lessor’s right to compensation of costs, damages and interest, if it becomes evident that during the lease period, one or more of the obligations of the agreement are not being observed, not being observed in time, not being observed completely, or will not be observed by the lessee, if the lessee passes away, is placed under legal restraint, lessee applies for a moratorium, is declared in a state of bankruptcy, the vehicle is taken into possession, or if it becomes evident that during the rental period, circumstances exist, which are of that nature that if the lessor would have been informed hereof, lessor would not have entered into the lease agreement. The lessee will render all assistance to the lessor to have the vehicle placed back into lessor’s possession. The lessor is not liable for damage as a consequence of the annulment of the agreement.
ARTICLE 9: LAW AND JURISDICTION
At all times, the agreement is ruled by the Surinamese law, and the Surinamese Judge is authorized to settle disputes that have risen between the lessee and lessor.
Paramaribo, May 09, 2007
DATSUN SURINAME N.V.
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