Terms and conditions

 

Use of the Vehicle

1. The Lessor undertakes that the Vehicle be driven only by itself or by person (s) that is Authorized Driver (s), that is, that is identified and accepted (s) by the Lessor in the Contract or in an attached document, and must be over 21 years of age and hold a Class B driving license (light vehicles) or international charter if they are not EU citizens. all the conditions of the Contract are applied.

a) The Lessee shall note and communicate to the Lessor the names and addresses of all drivers to whom the Vehicle transfers, even if it does so temporarily. The Lessee is responsible for the behavior of the driver as well as for his own behavior.

2. The Lessee is also obliged not to use the Vehicle or not to allow it to be used:

a) For the transportation of passengers or goods, in violation of the law or the Single Automobile Document;

b) For sporting events, official or not;

c) Outside Portuguese territory, except prior written permission of Lessor;

d) To carry out public transportation of passengers or goods or other, in exchange for any compensation or remuneration;

e) To push or pull any vehicle or trailer;

(f) a person holding a driving license for less than two years.

g) by persons under the influence of alcohol, narcotics or any other substance that directly or indirectly reduces their ability to react;

3. The Lessee undertakes to take care of the Vehicle, ensuring in particular that:

a) The Vehicle is properly closed and locked when not in use;

b) The coolant and oil levels are checked and compliant;

c) The fuel used is adequate, and in case of introduction of fuel other than that used in the Vehicle, the Lessee is responsible for the costs of full fuel replacement, dismantling and washing the tank, engine tuning and other damages caused to the vehicle. Vehicle, as well as the trailer necessary for the displacement of the Vehicle.

4. It is expressly forbidden to the Lessee:

a) Sell, sublet, mortgage or in any way, give warranty to the Vehicle, the documents, its tools or this Agreement, or to make use thereof in a way that harms the Lessor;

b) To make any modifications and / or changes in the Vehicle;

c) Proceed with the installation of accessories, advertising or commercial terms, without the prior written consent of the Company.

5. The Vehicle is equipped with an electronic toll device (Via Verde) that allows the determination of the value of the toll rates, obliging the Lessee to ensure its correct operation and conservation and accepting that the Lessor carries out the charge corresponding to the values tolls and parking fees, as well as to the value of the device in case of disappearance or damage.

6. The Vehicle may be equipped with a geolocation device (GPS), used in case of breach of contract and / or border crossing, and, to control consumption of the Vehicle, obliging the Lessee to ensure its correct operation and conserving and accepting that the Lessor will proceed to the debit corresponding to the value of the same in case of disappearance or damage.

7. The Vehicle is a non-smoking vehicle so it is prohibited to smoke throughout the Vehicle. The costs arising from the ventilation or the elimination of the contamination by smoking including the profit lost by the temporary impossibility of renting the Vehicle due to this situation, are the responsibility of the LESSEE

8. Pets are not allowed.

9. Without prejudice to the aforementioned penalties, the use of the Vehicle in violation of the provisions of the Contract, in particular the provisions of the preceding paragraphs, grants the Lessor the power to terminate the Contract and to remove the Vehicle to the Lessee, without prior notice, such as to institute the judicial or criminal proceedings to which it refers and to demand the indemnities to which, under the legal or contractual terms, it is entitled, and the optional insurance and any additional services contracted are still without effect.

a) If the Lessee, at the time of delivery of the Vehicle, does not comply with the conditions imposed in the first part of paragraph 1 of this Clause, the Lessor reserves the right to charge the full rental price;

b) If the LESSEE has deliberately provided false information, namely concerning his identity, address or driving license, LESSOR reserves the right to charge him with all costs and damages incurred with such declarations.

 Delivery and return of the Vehicle – Fuel, Cleaning and time

1. The Vehicle is delivered to the Lessee on the date of signature of the “Rental Agreement”.

2. The Lessee expressly declares that he has received the Clean Vehicle, with the fuel tank totally or partially attested, with the respective documents and accessories and under the conditions of use mentioned in the Contract, without apparent and / or visible defects, the conference of which is done jointly by the Lessee and the Lessor, at the moment of the celebration of the same, by means of signing of own document that is annexed.

3. The lessee undertakes to return the Vehicle, during office hours (from Monday to Saturday between 9 am and 7 pm), under the same conditions in which it received it, at the date and place provided, unless otherwise agreed, or in case of termination of the Agreement, on the date it occurs, being responsible for any and all losses or damages on accessories, equipment or parts, and shall indemnify Lessor from such losses, at the prices set forth in the table.

a) The Vehicle returned without being properly cleaned, inside and outside, as it was presented at the date of delivery to the Lessee, is responsible for the payment of a cleaning fee in the amount of € 100.00 (one hundred euros) .

4. The Vehicle must be returned with the fuel deposit attested, unless the LESSEE adheres to another option at the time of delivery.

b) If the Vehicle returned with the fuel level lower than the one presented at the time of delivery, the LESSEE shall be charged the corresponding amount of the missing fuel, plus a fee of € 30.00 (thirty euros) as payment for the service replacement.

5. The return of the Vehicle is only considered after the physical verification of the same by the Lessor, who must deliver to the Lessee a signed document stating that the Vehicle has been returned and accepted by the Lessor.

6. The Lessee is also responsible for the losses caused to the Lessor, granting the Lessee the right to be compensated, in the following situations:

a) Return of the Vehicle at a time, date and place not agreed, without prior agreement of the Lessor;

b) Return of the Vehicle that presents defects and damages revealing of an imprudent and abnormal use.

7. The compensation related to the situation described in sub-paragraph a) of the preceding paragraph corresponds to three times the rental value for each day on which the LESSOR stays with the Vehicle beyond the expiry of the refund period, unless it proves that it no longer is in the possession of the Vehicle or that failure to return it results in fact that it is not attributable to it.

8. In the event that the LESSOR delivers outside the agreed time, date and place, it is obliged to accept the report of the status of the Vehicle that was prepared during the physical verification of the same, made by the LESSEE

a) The LESSOR hereby expressly authorizes the payment of the amounts necessary to reimburse the Vehicle suffered, as well as the fuel used and not replaced, on the credit card used in the initial payment.

9. If there is a cause that makes it impossible for the Vehicle to be delivered to the LESSOR on the agreed date, for reasons unrelated to the Lessee, namely, late delivery by the previous LESSOR, accident, theft, damage or any other circumstance that makes it impossible to make available the Contracted Vehicle , the LESSEE undertakes to return the amount previously paid in simple, and there is no place to pay any amount as compensation for damages that the situation may cause the LESSOR.

 Duration of the Rental – Extension

1. The rental begins on the date and time of delivery of the Vehicle and ends on the date agreed in the particular clauses.

2. In the event that the Lessee wishes to stay with the Vehicle beyond the initially agreed period, you must contact Lessor by the most expeditious means, at least 48 hours before the end of the lease, to extend your Contract, with the agreement of the Lessor, proceeding immediately to pay the current rent and the prepayment of the extension.

a) If the Lessor does not authorize the extension, the Lessee undertakes to proceed with the delivery of the Vehicle on the date agreed in the particular clauses.

3. Failure to comply with the provisions of the previous number allows the Lessor to initiate appropriate judicial or criminal proceedings to obtain the immediate restitution of the Vehicle and to make reimbursement of the costs incurred with timely and agreed non-delivery, without prejudice to the lessee remaining bound by payment of the amounts provided for in the Contract, in addition to incurring legal and contractual penalties of their responsibility.

 Price- Guarantee and Reservation

1. At the time of entering into the Agreement, the Lessee pays the rental price and other contracted services and pays the Security in the amount of a deposit corresponding to the amount of the insurance deductible, according to the option chosen, pursuant to paragraphs 1 and 2 of Clause 6, of this Agreement.

a) The Security Deposit will always be, and preferably, provided by credit card (Visa or Mastercard), debit card, and may be still by means of cash;

b) The security amount will be captive to the Lessee, serving as security for the payment of the deductible, in case of theft, accident, damage and loss related to the Vehicle, occurring during the duration of the Contract.

c) Thus, the rental price consists of the base price of the rental and a service fee that will be charged on any rental. The amount of the basic price of the rental and the service fee shall be included in the price list in force at the time of conclusion of the Contract.

2. In case of extension of the rental, the respective value is determined by the rates in force at that time, and the initial prepayment can never serve as an extension of the rental.

3. If it is not authorized by the banking institution or credit card management entity, the withholding of the amount corresponding to the Security Deposit, the Contract is considered as not concluded and the delivery of the Vehicle is not effected.

a) In the event of the situation described, there is no refund of the amounts paid by the lessee at the time of reservation and the corresponding cancellation fee

4. The value of the Security Deposit shall be refunded to the Lessee within five business days of termination of the Contract, but only after technical verification and verification that there are no damages, anomalies or expenses associated with the use of the Vehicle.

b) The Lessee is not responsible for the delay in the refund.

5. The reservation will only be binding on both parties after confirmation from Lessor of the written confirmation by Lessee of the reservation and subsequent deposit (bank transfer) of 30% of the value of the total rental amount within a maximum period of 10 days. The termination of the reservation implies:

a) a cancellation fee of 30% of the total rental price if it is made between 29 and 15 days before the start of the rental.

b) a cancellation fee of 50% of the rental price if it is made between 14 and 10 days before the start of the rental.

c) a cancellation fee of 70% of the rental price if it is made between 9 and 5 days before the start of the rental.

d) a cancellation fee of 90% of the rental price if it is made between 4 days before the day of the rental or in case of not collecting the Vehicle.

e) The rental company will refund the reservation in full on cancellations of the same up to 30 days before the start of the rental

Payments

1. The Lessee expressly undertakes to pay to the Lessor, as soon as requested and by means of proof, the following amounts:

a) The price due for the rental of the Vehicle, corresponding to the rental period, calculated according to the tariff in force and specified in the Contract, plus the respective taxes.

b) The expenses corresponding to the costs of return of the Vehicle, in accordance with the tariffs in force, if this is left in a place different from the agreement and without the prior consent of the LESSOR;

c) The value of the optional insurance or supplementary services contracted under the terms of the following clause, as described in the Contract or in an attached document, as well as the minimum relief, when applicable, plus any taxes;

d) The value corresponding to the fuel in case the LESSEE does not return the Vehicle in the conditions set forth in nº 4 of Clause 2;

e) The value of cleaning and washing, in case the LESSEE does not return the Vehicle under the conditions set forth in paragraph a) of paragraph 3 of Clause 2;

(f) the amount corresponding to tolls, fines, fines and other pecuniary penalties, whatever their nature, as well as all costs, whether judicial or extrajudicial, including administrative costs of case management, up to a maximum of € 50, 00 (fifty euros) for each case, in which Lessor incurs as a consequence direct or indirect violation of any legal or regulatory rule attributable to the LESSEE or to the Vehicle while in possession thereof, even if the knowledge of such expenses or costs only occurs after the return of the Vehicle;

g) Late payment interest at the statutory rate in the event of non-payment of any invoice on the due date, as well as costs, including legal costs, lawyer’s or solicitor’s fees, in which Lessor has incurred to collect payment from amounts due by the Lessee under the Contract;

h) The amount of 20% on the amount of the invoice in debt, as a penal clause;

i) The amount corresponding to minor damages to the Vehicle that result from its use during the rental period, the type and amount of repair being made available to the LESSEE at the time of signing the Contract. For this purpose, the damages occurring at the time of the return of the Vehicle and which are not indicated in the Contract and whose conference is a joint obligation of the Lessee and the Lessor, without prejudice to the provisions of paragraph a) of paragraph 5 of Clause 2;

(j) Compensation for damage caused by a collision, collision, rollover, theft and / or theft of the Vehicle, corresponding to the cost of the repair, limited to the value of the maximum relief in force corresponding to the category of the Vehicle, as well as the cost of claims process;

k) The amount related to taxes and levies levied on the rental of the Vehicle or the amount set by the Lessor for reimbursement of such taxes;

l) The amount referring to administrative expenses with the respective case in case of an accident, in the amount of € 30.00 (thirty euros);

2. In the event of damage, theft or theft, whether of the Vehicle or the equipment that forms an integral part thereof, unpaid tolls or any rate of debt on the part of the Lessee under this Contract, the latter hereby expressly authorizes the Lessor to proceed to the debit of the amounts necessary to cover such occurrences through the credit card of which it holds, the number of which is indicated in the particular rental conditions.

 Insurance and Other Complementary Services – Damages

1. The Vehicle has compulsory insurance against civil liability, under the terms of the applicable legislation and in force, with a minimum security deposit of € 1500.00 (one thousand and five hundred euros).

a) If this is the option chosen by the LESSEE, this may subscribe as a service to complete, the coverage for glasses and / or additional driver, according to the table of the Rental Company.

2. In addition to the insurance referred to in the previous number, considered as Option 1, the Lessee may contract the following options:

a) Option 2 – Balanced: Through the addition of € 12.00 (twelve euros) in the daily rental rate, gives the Lessee the possibility of reducing the security deposit to € 900.00 (nine hundred euros), allowing it to circulate outside of the Portuguese territory.

b) Option 3 – VIP: Through the addition of € 20.00 (twenty euros) in the daily rental rate, it gives the Lessee the possibility of reducing the deductible to € 500.00 (five hundred euros), including an extra tire coverage , glasses, occupant insurance and the inclusion of one more driver, also allowing him to travel outside Portugal.

3. In case of accident, theft, theft or loss, total or partial of the Vehicle, the Lessee undertakes to:

a) To request the presence of the police authorities at the scene of the accident to prepare the record of the accident;

b) Participate in the event that occurred to the Rental Company, through the telephone number in this Agreement, and to the police authorities, within a maximum of 24 hours;

c) Obtain the names, addresses, data of the driving license (s), name of the insurance company and the policy number of the persons involved, as well as the data of any witnesses; and also the draft of the accident, even through the “Friendly Accident Statement”;

d) Not abandoning the Vehicle, without first taking the appropriate measures to protect and safeguard it;

e) Do not declare, in any case, responsible for the accident with third parties;

f) In case of theft or theft of the Vehicle, report the incident to the police immediately;

g) Proceed, within 24 hours, to send or deliver to the Lessor a detailed report of the accident, theft or robbery, duly accompanied by the accident / participation document, drawn up by the police authorities, together with the keys of the Vehicle, under penalty of cover have no effect.

4. They are not covered by any of the insurance options, being the exclusive responsibility of the Lessee, granting the Lessor the right to compensation, the following situations:

a) damage to mirrors, mirrors, the lower and upper part of the vehicle’s body (above the windscreen), not caused by a collision with a third party;

b) Damage caused by animals, inside and / or outside the Vehicle;

c) Theft and loss of movable equipment and subscribed extras, from the interior or exterior of the Vehicle, such as crockery, cutlery, bed linen, towels, mattresses, GPS, bicycle carriers, surfboards, television, surfing, luggage, bicycles, toilet chemical kit, cleaning kit, gas cylinders, tire replacement equipment, first aid kit, electric extensions, fire extinguishers, etc.

d) Damage caused by traffic on unpaved roads, with ice or snow without chains or mixed tires.

e) Damages caused by the bad or reckless use of the Vehicle;

f) Damage caused in an accident due to speeding, failure to comply with the traffic rules in force at the place of the accident, driving under the influence of alcohol, narcotic drugs or impairing driving ability;

g) Damage caused by the driving of the Vehicle by a driver who has not had a valid license for more than two years and is not identified in the particular conditions.

5. The Lessee acknowledges that the Lessor is not liable for any loss, theft, theft or damage of any nature, relating to objects and / or utensils inside the Vehicle, such as luggage and personal contrary.

6. Contracted insurance, regardless of the mode subscribed or accepted, is only valid for the duration of the rental of the Vehicle, except in cases of extension of the Contract, declining, from now on the Lessee, any liability occurred beyond the referred to above.

7. In case the drivers of the Vehicle are aged less than 21 years and over 65 years, there is an increase in the value of the Security provided for in Clause 4, of 50% to the value stipulated in paragraph 2 of this Clause. franchise exceeds € 2,000.00 (two thousand euros) in relation to any insurance option.

 Maintenance and Repair

1. The regular maintenance of mechanics resulting from the normal use of the Vehicle is LESSOR`s responsability. In the event that the Vehicle presents a mechanical problem, the LESSEE must immediately immobilize the Vehicle and contact the Lessor, only being able to make repairs with the prior written consent of the Vehicle and in accordance with its instructions, assuming the Rental Company expenses Repair.

a) If there is no possibility of repairing the Vehicle at the place of immobilization, the Lessor will arrange for the sending of a Tow Vehicle to drive the Vehicle to the rental center;

b) The expenses with the Towing Vehicle are the responsibility of the LESSEE, if it proves that the damage is due to bad or reckless use of the Vehicle.

2. The Lessor hereby authorizes the Lessee to make minor repairs (including replacement of lamps and fuses, and replacement of oil) up to a maximum of € 150.00 (fifty euros), which are reimbursed with the presentation of a detailed invoice , in the name of the Lessor, with taxpayer number 514 788 453 and with indication of the replaced parts

Clause 8 – Administrative Expenses – Administrative Disputes

In the event that the Lessor is notified, as a consequence of a breach or unlawful conduct practiced by the Lessee, only to identify the Lessee, the latter undertakes to pay, as administrative expenses, the amount of € 30.00 (thirty euros ) for the information provided to those entities.

 Personal Information

1. The LESSEE must provide at the beginning of the Contract his personal data and those of the driver (s) of the Vehicle, for the purpose of their identification, expressly authorizing the Rental Company to process them.

2. The Lessor is the entity responsible for the computer processing of the personal data provided under the Contract.

3. Under the Personal Data Protection Law (Law no. 67/98, of October 28, as amended by Law 103/2015, of August 24), issuers, and / or named users, access to their personal data for the purpose, in particular, of their rectification, updating or alteration.

4. The LESSOR guarantees the confidentiality of the data provided regarding the credit card submitted by the Renter.

 Applicable Law – Agreed Address and Forum

1. The Agreement is made in accordance with the laws of the country in which it is signed, and is governed by them, conferring the parties to the signed handwritten signature, digitally or by any biometric, digital or electronic means, probative force identical to that of a document written.

2. Any and all changes to the terms and conditions of the Agreement which have not been agreed in writing are void and have no effect.

3. All notifications to be made under the Contract shall be sent to the addresses included therein, which the Parties recognize as their agreed domicile, for all legal purposes, obliging themselves to notify the other Party of any change.

. Unless otherwise provided by law, the parties agree to establish the forum of the Northern District of Lisbon to resolve any conflicts arising from the Agreement, with the express exclusion of any other.

5. The Lessee acknowledges that all the clauses contained in this Agreement have been timely and expressly communicated and explained to him and that he has been aware of them, and hereby signs this Agreement.

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