GENERAL CAR RENTAL CONDITIONS
1 - AIM
Auto Rent III – Compra, Venda e Aluguer de Automóveis, Lda (Luz Ocean Drive), here in after called lessor, leases the vehicle, identified in the particular conditions of this contract (here in after only contract) to the customer identified in the first clause of special conditions (here in after called the lessee), with the following terms and conditions.
2 – DELIVERY AND RETURN OF VEHICLE
- The lessee declares that the vehicle was received in proper conditions of use and cleaning, with accessories and documents, mentioned in the contract and the enclosed verification document designated "Vehicle Damage Control", pledging to return it in the same condition which was received, at the place and date designed in the contract.
- In case the vehicle is used in violation of the contract, the lessor may terminate the contract, with mandatory return of the vehicle by the lessee at the indicated location, otherwise and by the law, the vehicle will be removed from the lessee at his expense.
- If the lessee wishes to extend the rental period, must go to one of the lessor premises to celebrate new contract, subject to approval, 24 hours before the end of the current contract.
- The lessor is not liable to the lessee or any passenger for loss or damage to property left in the vehicle either during the rental period or after it.
- – VEHICLE USE
- The lessee must take care of the vehicle, ensuring that it is properly locked in a secure location when not in use, refuelling it with proper fuel, as well as connecting and using with diligence any security device installed on the vehicle.
- The lessee agrees not to use or allow the usage of the vehicle in the following situations:
- To transport passengers or goods in violation with the law;
- For sporting events or training, whether they are official or not;
- By any person who is under the influence of alcohol, drugs or any other substance which directly or indirectly reduces their perception and responsiveness;
- By persons holding a driving license for less than a year, and people who are not authorized drivers - not identified in the contract or in any document attached to it;
- Out of the Portuguese territory, unless with specific permission from the lessor;
- For placement of any advertising endorsements, political or commercial or other equivalent, without prior written permission of the lessor;
- For paid transport of passenger or goods, in sublease, loan or transfer without prior permission of the lessor.
4 – VEHICLE MAINTENANCE AND REPAIR
In case the vehicle suffers some damage, repairs can only be made by prior arrangement with the lessor.
5 - SERVICES
- The lessee can hire the following services:
- CDW – covers all damages caused to the vehicle ( except, tyres, locks, windows and Keys) in event of an accident or theft, with the lessee being subject to pay a variable “Damage Responsibility” value according to the type of vehicle, displayed in the table at our offices for review and detailed in the particular conditions of this contract;
- Super CDW – covers all damage to the vehicle (except damages on tires, locks, windows and Keys) and total or partial theft, not being the lessee liable to pay any “Damage Responsibility” or being subject to payment of reduced “Damage Responsibility” value;
- TLW – covers damages to tires, locks and windows of the vehicle, not being the lessee liable to pay any “Damage Responsibility”.
- The Lessee undertakes, in the event of an accident, to take the following procedures:
- To inform the lessor and the police authorities immediately of any accident, theft or any other issues;
- Obtain the names and addresses of persons involved and witnesses as well as third party vehicles insurance policy details;
- Not leave the vehicle without taking the appropriate measures to protect and safeguard the same;
- Not take any responsibility or plead guilty in case of accidents;
- Immediately contact the Lessor providing a detailed accident report including accident report raised by the police, as well data about third parties involved and witnesses.
- Only the Lessee and/or authorized drivers can benefit from the coverage of the Super CDW, CDW, PAI and TLW.
- Even if the Lessee subscribes the Super CDW coverage, all damages arising from the misuse of the vehicle, are of his sole responsibility.
- In case of accident due to over speeding, negligence, driving under the influence of alcohol, narcotic drugs or consumption of any product that reduces driving ability, and in breach of the paragraph 2 of this clause, the Lessee will be responsible for all repair costs and compensation for the time stoppage of the vehicle involved, even if Super CDW and/or CDW has been subscribed.
- The vehicle is only covered by Super CDW and/or CDW during the period agreed on the contract, unless there is an extension of the contract in accordance with these general conditions, declining the Lessor any liability for injuries caused or likely to be caused by the Lessee beyond the rental period, being the Lessee the sole responsible.
- The Lessee is expressly obliged to pay to the Lessor the amounts in due for this contract as soon as it is requested, namely:
- The price payable for the rental of the vehicle, depending on the rental period and its mileage calculated according to the rate specified in the contract;
- Any and all charges related to the services described in clause 5 and any other expenses applicable in accordance with the tariff or rates contained in the particular conditions of this contract;
- All taxes and fees levied on the rental of the vehicle or the amount fixed by the lessor for reimbursement of such taxes;
- All costs incurred by the Lessor arising from collecting payments owned by the lessee as a result of this contract.
- Any invoice not paid when due shall be increased by interest at maximum rate permited by law.
- In the event of an accident in which the Lessee is liable, he will pay, as administrative expenses with the respective process, € 100.00 (one hundred euros) plus VAT at the current legal rate.
- The Lessee, to ensure the fulfilment of the obligations arising from the Contract, shall deposit, in debit on the credit cardin which he/she is the holder, the amount stated in the Contract, expressly authorizing the lessor to fill the credit card and charge the amount due.
- It is the entire responsibility of the lessee, the payment of tolls ( activation tax for these will be charged) and fines ( these will be charged automatically from the credit card of the lessee).
- The Lessee, for the guaranty of obligations of the contract, will pay a caution, either in cash debit card or credit card, for the amount shown on the contract, autorising the lessor to debit the relevant amounts in debt.
7- ADMINISTRATIVE FEES
Should the lessor be notified as a result of an offense or unlawful conduct committed by the lessee, to uniquely identify the same, the lessee is obliged to pay an administrative fee of 25,00 € (twenty five euros) plus VAT, by information provided to those entities, during and after the duration of this Contract.
8 – AGREED DOMICILE
The parties agree that the addresses given in the contract are the ones to use for any contacts, especially to the purpose of notifications.
Under the law 144/2015, art.18, the consumers can, in case of dispute, use the following Consumer Conflicts Alternative Resolution Entity:
CIMAAL – Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
Address: EdifícioNinho de Empresas, Estrada da Penha 8005-131 FARO
Tel. +351 289 823 135 E-mail: firstname.lastname@example.org Web: www.consumoalgarve.pt
More information at www.consumidor.pt
9 – INFORMATION AND CLARIFICATIONS
The Lessee acknowledges that all the clauses contained in this contract have been timely and expressly communicated and explained and that he/she was aware and linked to them, so he/she signs this agreement.
1 0– PERSONAL DATA
- Auto Rent III – Compra, venda e aluguer de Automóveis, Lda ( Luz Ocean Drive) with Fiscal Number PT504631101 and head office at Avenida Marginal, Edifício Vista mar, Apartamento 102, 8500-802 Portimão (Portugal), with the e-mail: email@example.com and telephone (+351) 282 789 510, as data handler, will process the personal information in this Contract for the following purposes:
- Billing: personal data will be collected so that Auto Rent III can bill the Lessee for the goods and / or services or dered and / or contracted, and in that way comply with its subsequent fiscal and accounting obligations of the CIRC and CIVA and remaining legislation;
- Customer Management: personal data will be collected to enable Auto Rent III to perform the administrative management of the relationship with its customers and use them in future reservations / contracts with them;
- CollectionandPayment Management:personal data will be collected to enable Auto Rent III to efficiently manage payments and collections of owed amounts.
- The communication of personal data, besides being na essential requisite for the celebration of this Contract, estabilishes a legal obligation, and Auto Rent III cannot supply the or dered and / or contract edgoods and / or services in case the Lessee refuses to supply the data concerned-
- Auto Rent III will transmit the personal data concerned to the following entities:
- Insurers and similar, for there solution of accidents and roadside assistance;
- Concessionaires, sub-concessionaires, toll charging entities and electronic toll collection entities, for driver identification purposes, according to article 10thofLaw 25/2006;
- Tax Authority, to fulfill its fiscal obligations arising from CIRC and CIVA and other legislation;
- Companies with whom Auto Rent III will contract communication, marketing and advertising services;
- Legal service providers to whom Auto Rent III may contract legal services, namely, for representation in disputes and/or litigation and/or credit recovery;
- Policeand Judicial Bodies in case of disputes and/or litigation and/or credit recovery and/or fines according to article 171 from the Código de Estrada (Portuguese driving legislation);
- Electronic payment systems to process payments, returns and dispute resolution;
- Travelagents / Tour operators / commercial intermediaries that interact in the contractual relationship with the Lessee.
- The personal data will be kept for the following time periods:
- For billing purposes, during 10 (ten) years, according to nº 4 ofarticle 123rdof CIRC, except in case of litigation, in which they will be kept until the final sentence is passed;
- For the purposes of collections and payments management, until the amounts owed are paid or full execution of judicial decision regarding the payment.
- The personal data will be kept in Auto Rent III servers and/or databases located in the European Union.
- As the holder of the personal data, the Lessee may ask Auto Rent III to access for personal data that pertains to them, as well as their rectification or deletion, and the limitation of its processing, or their right to object to processing, or their right to data portability, through written request, to the e-mail: firstname.lastname@example.org without prejudice:
- To Auto Rent III requesting additional information required to confirm the identity of the Lesse as the personal data holder;
- To Auto Rent III complying with their legal obligations;
- And the right to present a complaint with the control authority.
- Auto Rent III – Compra, Venda e Aluguer de Automóveis, Lda will never sell or transmit its customers personal data to third parties for marketing/sales purposes without the explicit permission of the Lessee.
- The Lessee authorizes that their personal data be transmitted to ARA (Driverless Car Hire IndustrialsAssociation) to be included in a database in case of non compliance. Consultation can be done with the person responsible for data processing.
- The Lessee is aware that the vehicle is equipped with a geolocation device (GPS) that can be used in case of breach of Contract.
Vehicles are provided with a level of fuel written down on the rental agreement.
Customer must return the same amount of fuel.
Each 1/8 of tank difference in fuel costs:
|Groups||Price per 1/8 tank less|
|A,B,C,D,E,J, J1||10 €|
|F, J2, J3, H1, L1, M,||15 €|