Rental Policy

Parties:

Diep Curacao, located at Kaya Panlefi 3, Willemstad, Chamber of Commerce number 147348, hereinafter referred to as: 'Diep Curacao';

and

Tenant;

Article 1 - Description of rented property

Diep Curacao rents out to the tenant and the tenant rents snorkeling products from Diep Curacao, hereinafter referred to as 'the rental snorkeling gear'.

Article 2 - Destination of rented property

1. The tenant will only use the rented property for snorkeling.

 Article 3 – Duration of the agreement

1. The rental agreement is entered into for a definite period of time as indicated in the placed order.
2. On expiry of the period specified in 3.1. At the time referred to, the tenancy agreement ends, without notice by Diep Curacao or tenant being required.

 Article 4 - State of repair

1. Diep Curacao ensures that the rental snorkeling gear is handed over in a well-maintained condition on the start date of the rental period. The parties will record the condition of the rented snorkeling gear.
2. When taking delivery of the rented snorkeling gear, the tenant must carefully inspect the rented snorkeling gear for completeness and defects. If the tenant discovers defects or shortcomings, he must report these to Diep Curacao without delay.

Article 5 - Rental price

1. The rent is charged by Diep Curacao to the tenant as indicated in the order.
2. The parties agree that Diep Curacao will charge turnover tax on the rent.
3. The tenant will pay the total rent amount upon delivery of the snorkeling products to the Diep Curacao. 

Article 6 – Rent increase

1. Diep Curacao has the right to increase the rent annually.
2. Diep Curacao can make an adjustment to the rent without having to notify the tenant of this in advance.

Article 7 – Deposit

1. There is no deposit on any rental product of Diep Curacao.
2. Before or on the start date of the rental agreement, Diep Curacao can ask for a deposit amounting to a maximum of 75% of the new price for the total number of rented snorkeling gear and other rental products.
3. Diep Curacao reserves the right to settle expired rental instalments against the deposit, as well as the costs for necessary repairs.
4. Payment is made by card or cash.

Article 8 - Taxes and other charges

1. All charges and taxes levied in respect of the rented snorkeling gear are for the account of the tenant, even if Diep Curacao is assessed for this.
2. The tenant pays the aforementioned charges that are charged to Diep Curacao and are for his account on Diep Curacao’s first request.

Article 9 – Instructions for use 

1. The tenant will handle the rented snorkeling gear with due care and ensure appropriate and safe storage.
2. The tenant must take appropriate measures to prevent damage to the rented snorkeling gear or damage caused by the rented snorkeling gear.
3. The tenant must immediately notify Diep Curacao in writing of any damage that has arisen or threatens to occur to the rented object.
4. The tenant immediately reports a defect or (imminent) damage to Diep Curacao, after which Diep Curacao will repair the defect or damage as soon as possible. The tenant will in turn take appropriate measures to prevent or limit damage to the rented snorkeling gear.
5. If the tenant acts in violation of this article, he will owe an immediately due and payable fine, as described in article 19.

Article 10 – Obligations of the tenant with regard to maintenance and repair

1. Repair of damage as a result of improper use of the rented snorkeling gear is at the expense of the tenant.
2. Minor repairs to the rented snorkeling gear are at the expense of the tenant. 

Article 12 – Changes to the rented snorkeling gear

1. The tenant may not make any changes to the rented snorkeling gear without written permission from Diep Curacao, unless the changes can be undone easily and without high costs at the end of the tenancy agreement.
2. If the tenant acts in violation of this article, he will owe an immediately due and payable fine, as described in article 19.

Article 13 - Subletting

1. The tenant is not permitted to sublet the rented snorkeling gear in whole or in part or to give it to third parties for use without written permission from Diep Curacao.
2. If the tenant acts in violation of this article, he will owe an immediately due and payable fine, as described in article 19.

Article 14 – Liability

1. The tenant is liable for all damage to the rented snorkeling gear, unless he proves that he and the persons for whom he is responsible and/or liable towards Diep Curacao are not at fault with regard to the occurrence of the damage.
2. In case of damage or loss of the rental snorkeling gear, Diep Curacao is entitled to charge the correct amount of the damage or the amount for
   • Snorkel mask tube broken or missing while the other part of the mask is still in good condition. Damage amount: The sale price of the snorkeling tube as on diepcuracao.com will be charged.
   • Snorkeling Mask or Fins: In the event of irreparable damage, the 75% of the sale price of the item on diepcuracao.com will be charged.
   • Snorkeling Mask or Fins: In the event of loss, the sale price of the item on diepcuracao.comwill be charged.
3. The provisions of the first paragraph do not affect the tenant's obligation under the law and this agreement to maintain certain matters relating to the rented snorkeling gear.
4. Diep Curacao is not liable for damage suffered by the tenant as a result of defects in the rented snorkeling gear unless:
   1. these defects were known to Diep Curacao at the start of the tenancy agreement
   2. the defects are attributable to Diep Curacao on the basis of a legal obligation
5. Diep Curacao is not liable for damage suffered by the tenant as a result of defects in changes or additions made to the rented snorkeling gear by the tenant.
6. Diep Curacao is not liable for damage caused by causes beyond the Diep Curacao's control, such as, but not limited to, frost, storm, lightning, riots, armed conflicts, natural disasters and other calamities.
7. Diep Curacao is not liable for the tenant's business damage, unless it concerns business damage as a result of intent or gross negligence on the part of Diep Curacao itself.

Article 15 - Permits

If the tenant is legally obliged to have certain permits, it is the tenant's responsibility that he meets the requirements. Permits also include approvals and exemptions.

Article 16 - Premature termination

Diep Curacao is entitled to prematurely terminate the rental agreement if the tenant is in default. The tenant is in any case in default if one of the following circumstances occurs:

• the tenant does not comply with a provision in this agreement;
• the tenant does not pay the rent at the agreed time;
• the tenant is granted a moratorium or is declared bankrupt. 

Article 17 - End of rental agreement and delivery

1. At the end of the lease, the tenant will return the rented snorkeling gear to Diep Curacao in the condition as described in the lease, taking into account normal wear and tear and aging. 

Article 18 - Delivery and return

1. Diep Curacao will deliver the rental snorkeling gear to the tenant, unless it has been expressly agreed between the parties that the tenant will be responsible for bringing and/or returning the rented goods, whereby Diep Curacao must ensure that the tenant selects the location where the rented property must be delivered/unloaded can be reached via a passable road.
2. The tenant is obliged, after the end of the agreement or after cancellation of the agreement, to return the rented snorkeling products by the date of cancellation or the last day of the agreement.
3. The costs for the delivery and return of the rented snorkeling gear are for the account of the tenant, unless the parties have expressly agreed otherwise.

Article 19 - Penalty provision

1. If the tenant violates the provisions mentioned in articles 9, 12, 13, he forfeits to Diep Curacao an immediately due and payable fine of $100 as well as an amount of 2% of the fine for each calendar day that the violation continues.
2. This fine does not affect Diep Curacao's right to claim full compensation.

Article 20 - Consequences of nullity or voidability

If part of the rental policy is void or voidable, this will not affect the other provisions in the policy. In that case, a provision that is void or annullable will be replaced by a provision that comes closest to what the parties had in mind when concluding the agreement on that point. 

Article 21 - Applicable law and competent court

1. Curaçao law applies to this agreement.
2. In the event of any disputes, the court in the district where Diep Curacao has his residence or place of business has jurisdiction.

Effective Date: 25 March 2024