TERMS AND CONDITIONS
Conditions for the rental, sale, and purchase of products from Parental Rental, located in Curaçao. These general terms and conditions are in effect between you, hereinafter referred to as the 'lessee', and Parental Rental, hereinafter referred to as the 'lessor', once the order has been confirmed.
General
1.1 These general terms and conditions apply to and are binding on all agreements for the rental of goods/products for temporary use.
1.2 Agreements deviating from these general terms and conditions are only binding on the lessor if they have been explicitly accepted and confirmed by the lessor in writing.
1.3 General terms and conditions of the client/lessee do not apply, unless explicitly accepted and confirmed by the lessor in writing.
1.4 The lessee acknowledges that the baby or children's products rented from Parental Rental will be used exclusively for personal use. It is strictly forbidden to lend or sub-rent equipment to third parties.
1.5 By accepting the order or by signing and accepting the terms of this rental agreement, the lessee acknowledges that they have read, understood, and agree to the entire general terms and conditions.
Offers
2.1 All offers from the lessor are without obligation and based on the information provided by the lessor at the start. Unless otherwise agreed, offers remain valid for a maximum of 2 months after signing.
2.2 Unless otherwise indicated, all prices are in ANG (Netherlands Antillean Guilder) including sales tax.
2.3 Deviations from offers made only bind the lessor if they have been agreed upon and confirmed in writing by the lessor.
2.4 Daily and weekly rates are based on the use of a calendar day.
2.5 The lessor can never be held liable for inaccuracies or deviations regarding images, descriptions, dimensions, capacity, and weight.
Rental period
3.1 Rental agreements are entered into for a minimum period of four days and for a maximum of the reservation period. The lessor is not obliged to extend the rental period if requested.
3.2 When determining the rental period, unless otherwise agreed, all days are included, including idle days, Saturdays, Sundays, public holidays, and other days off, and a portion of a day counts as a full day.
3.3 The lessee must return the products by the last day of the rental period at the latest, unless a written agreement to extend the rental period was made in a timely manner beforehand.
3.4 If the rented product(s) are not returned within the agreed period, the lessor has the right to charge the rental price until the moment the rented product(s) are returned. The lessor will contact the lessee regarding the day and time when the rented product(s) can be collected from the lessee's accommodation.
3.5 The rental period ends after the lessor has taken back the rented product(s) through inspection and approval. Unattended check-outs or leaving the rented product(s) behind will not be accepted by the lessor as the end of the rental period.
Delivery, collection, and delivery time
4.1 Unless otherwise agreed, the delivery and collection of the rented product(s) is carried out by the lessor at the address provided by the lessee and at the lessee's expense.
4.2 The stated delivery time is only an approximation. The lessor can never be held liable for exceeding and/or deviating from the delivery time.
4.3 The rented product(s) must be checked by the lessee immediately upon receipt.
4.4 If delivery is postponed at the request of the lessee, the lessor is authorized to charge the agreed rent or to terminate the agreement.
4.5 If the rented product(s) are to be returned via the lessor's transport or that of third parties, the rented product(s) will be checked upon return.
The collection of rented product(s) by the lessor or their carrier is not to be considered as such a check. If damage, loss, lack of cleaning, or incorrect packaging or securing is established, the lessor will inform the lessee within 10 working days. After notification, the lessor can proceed immediately with replacement or repair and charge the costs to the lessee.
Risk
5.1 Rented product(s) are at the lessee's risk from the moment they are made available to the lessee. The lessee must arrange for any insurance.
5.2 If damage/malfunction to the rented product(s) occurs through no fault of the lessee, the lessee is entitled to a replacement with equivalent equipment for the remainder of the agreement, provided it is available. Expenses or damage due to the failure of the rented product(s) cannot be recovered from the lessor.
5.3 In the event of theft, damage, breakage, or shortage, the replacement value will be charged. This includes all costs for importing to Curaçao where applicable.
Obligations of the lessee
6.1 The lessee must return the rented product(s) in the same condition as they were received, meaning maintained (except for normal wear and tear), cleaned, and sorted and packaged in the same way as upon delivery. Any extra labor time resulting from the failure to meet this obligation, in whole or in part, will be charged to the lessee.
6.2 Unless otherwise agreed, the lessee is obliged to pay a security deposit determined by the lessor before taking receipt of the rented product(s). After the rented product(s) have been returned, this deposit will be refunded to the lessee after deducting any rent, compensation, and/or costs still owed to the lessor.
If at any time during the term of the agreement the amount of rent owed by the lessee exceeds the amount of the deposit, the lessor is entitled to demand an addition to the deposit of an amount to be determined by the lessor.
6.3 The lessee is obliged to use the rental item according to its intended purpose and to maintain and care for it accordingly, observing any operating instructions provided to the lessee. The lessee is not permitted to make changes to the rented product(s) or to carry out repairs themselves, except with explicit permission given by the lessor. The lessee is obliged to report any damage and/or defect in the rented product(s) to the lessor immediately.
6.4 The lessee may not take and/or use the rented product(s) outside of Curaçao without prior written approval from the lessor.
Ownership and inspection
7.1 The lessor retains ownership of the rented product(s) at all times, and the lessor therefore reserves the right to check or have the rented product(s) checked at any time.
7.2 The lessee is obliged to provide full cooperation for this at all times.
Loss of equipment
8.1 Any alienation, encumbrance, or waiver of the rented product(s), whether for consideration or free of charge, for the benefit of a third party is prohibited without the explicit consent of the lessor. Paragraph 3 of this article applies accordingly.
8.2 The lessee must immediately notify the lessor of any seizure of their goods or part thereof, as well as of their bankruptcy or suspension of payments, and is always obliged to inform the seizing bailiff, the trustee, or the administrator of the existing rental agreement with the lessor and undertakes to return the rented product(s) to the lessor immediately.
8.3 If the rented product(s) become defective, are lost in whole or in part, or pass out of the lessee's control during the term of the agreement for any reason whatsoever, the lessee must inform the lessor immediately and is obliged to reimburse the costs within 8 days so that the lessor can immediately purchase an equivalent item.
Loss of rental income must also be paid from the first day that no rent can be received for the rented product(s). If a situation arises involving a criminal offense, the lessee is obliged to report this to the competent authorities immediately, providing a copy of the report to the lessor.
Termination, cancellation, and replacement
9.1 A rental agreement can always be terminated with immediate effect by returning the rented product(s) and their acceptance by the lessor.
9.2 If it has been agreed that the rented product(s) will be collected by the lessor, at least 24 hours' notice must always be given for the cancellation.
9.3 The lessor always has the right to replace the rented product(s) with equivalent equipment without this giving the lessee any right to compensation.
Force majeure
10.1 Force majeure is understood to mean: any circumstance independent of the lessor's will that temporarily or permanently prevents fulfillment of the agreement.
10.2 In particular, force majeure includes, insofar as not already included in paragraph 1, war, threat of war, civil war, riot, strike, transport difficulties, fire, natural disaster, and other serious disruptions in the lessor's business or that of its suppliers.
10.3 In the event of force majeure, the lessor has the choice to either extend the delivery period by the period of force majeure or to terminate the agreement without the lessor being held to pay any compensation in any form whatsoever.
Payment
11.1 Unless explicitly agreed otherwise, the rental of products takes place exclusively on the basis of a prior deposit.
Payments for the deposit must be made within 30 days of the quote date to an account designated by the lessor without any deduction, settlement, or discount. Any international transaction costs are for the account of the lessee.
11.2 The remaining amount must be paid at the start of the rental period or in advance to an account designated by the lessor without any deduction, settlement, or discount (any international transaction costs are for the account of the lessee) or can be paid at the start of the rental period on-site by means of a cash payment.
11.3 If the agreed payment term is exceeded, any discounts will lapse and the lessor has the right to charge the full rental price.
11.4 If the lessee has not paid within the agreed term, the lessee is deemed to be in default by operation of law and the lessor is entitled to interest equal to 1.5% per month from the due date, without any notice of default being required.
11.5 All reasonably incurred costs related to the collection of the claim, both judicial and extrajudicial, are for the account of the defaulting lessee.
11.6 Extrajudicial costs are always equal to 15% of the outstanding amount with a minimum of ANG 150.00. 600,00. The costs as mentioned under 11.5 and 11.6 are increased by ANG 80.00 in administration costs.
Liability
12.1 The lessee and the person who accepts the rented product(s) or signs the rental agreement remain liable at all times for the rented product(s) and the payment of the rent and additional costs.
12.2 Except in cases of intent or gross negligence on the part of the lessor, all liability towards the lessor for damage resulting from defects in or to rented goods or work performed, both for the lessee and for third parties, is explicitly excluded.
12.3 Except for intent or gross negligence, the lessor is also not liable for errors made by the lessor's staff or by persons engaged by the lessor in the context of the execution of the rental agreement.
12.4 Except for explicit written confirmation, the lessor is in no way bound by agreements with subordinate members of the lessee's staff.
12.5 The lessor accepts no liability for errors or defects in data provided by third parties or the lessee.
12.6 The lessor accepts no liability for external calamities.
12.7 Liability for damage during or after repair, (dis)assembly, storage, stay, or maintenance of equipment for third parties is explicitly excluded.
12.8 The lessor accepts no liability regarding the delivered and/or consumed fresh or formula food. For the fresh vegetable and fruit snacks, the lessor uses fresh daily products from a local supermarket. Products that are not fresh daily are also boiled, fried, or steamed. Intolerances and allergens for all products and non-fresh products must also be reported in advance. All fresh vegetable snacks are prepared by heating through frying, boiling, or steaming and do not contain raw or unheated products.
Cancellation
13.1 In the event of cancellation of the agreement by the client for any reason whatsoever, the lessor reserves the right to demand fulfillment.
13.2 If the lessor accepts a cancellation, the lessor is entitled to charge the lessee for all costs incurred up to that point, as well as a percentage of 50% of the amount involved in the agreement, in respect of loss of profit.
13.3 The lessee owes no compensation if the lessee has given at least 7 days' notice for the cancellation.
Suspension and termination
14.1 If the lessee does not, not timely, or not properly fulfill the obligations arising for them from the concluded agreement, or if there is a well-founded fear of this, as well as in the event of bankruptcy or suspension of payments of the lessee or in the event of shutdown, sale, or liquidation of their business, the lessor is entitled to suspend the execution of the agreement for a reasonable period or to terminate the agreement without any liability in the broadest sense of the word.
14.2 The claim regarding the part of the agreement already executed, as well as the damage resulting from the suspension or termination, including lost profit, is immediately due and payable.
Applicable law/disputes
15.1 All agreements concluded by the lessor are exclusively governed by Curaçao law.
15.2 All disputes arising from or related to agreements concluded with the lessor will be submitted to the competent court in the place of the lessor's business or a court in the Netherlands to be designated by the lessor, under the application of Dutch law.
Car rental supplement
16.1 The deposit is ANG 500.00 and must be paid in advance.
16.2 The car must be returned clean (meaning car wash inside and out). This is also how the car is delivered at the start of the rental period.
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