GENERAL CONDITIONS OF CAR RENTAL WITHOUT DRIVER

 

1. Scope and Parties of the contract

Within the context of this present contract LESSOR rents to the LESSEE the motor vehicle (hereinafter referred to as "VEHICLE”) identified in particular conditions that are an integral part of this contract.

 

2. Conditions of delivery and return of vehicle

The LESSEE expressly confirms the state of the vehicle during handover by filling and signing a detailed checklist at the handover of the van. The Lessee will also take detailed pictures and videos of the vehicle showing existing damages which need to be kept until 21 days after return of the vehicle, accessories and equipment provided and commits to return the VEHICLE in the condition in which it was delivered, at the place and time agreed on prior. 

 

A checklist, pictures and videos will be used to document the state of the vehicle and existing and new damages at return and/or after.

 

In the case of an online check-in, the customer is obliged to check and sign the checklist before the start of the journey and send it to the rental company. If the customer does not do this before setting the vehicle in motion, he automatically agrees to every point in the checklist completed by the rental company as well as the photos and videos taken by the rental company to document the condition on handover.

 

In the case of an online check-out, the time at which the vehicle is collected by the hire company is deemed to be the time of return. The customer is responsible for any damage found by the rental company at this time. The condition of the vehicle at the time of return will be documented by the Rental company using a checklist and photos/videos.

 

3. Conditions for the use of VEHICLE

The LESSEE undertakes to use the VEHICLE under the following conditions:

a) Make a normal and prudent use of the VEHICLE, complying with the applicable laws and regulations, namely, the highway code, confirming the lock and security place of the VEHICLE when with no use, not leaving the documents inside of it, without prejudice of being carrying out the same, and fill up with appropriate fuel;

b) Return the vehicle, at the end of the period of hire, with the equipment and respective documents;

c) Pay the rent, according price and conditions established in particular conditions as well as all imputed cost charged by the LESSOR, namely for car damages in the VEHICLE, missing fuel, and restocking charge extraordinary cleaning;

d) Pay all tolls, physical or electronic, including all administrative costs. The LESSOR does not take responsibility for any delaying payment.

e) Warn the LESSOR, immediately, of any defect or malfunction of the VEHICLE;

f) Alert the LESSOR, immediately, in the event of theft, robbery or any other offence of ownership, or possession of the VEHICLE;

g) Not lend, borrow, sell, transfer, burden or given in warranty, adapt, transform, modify or place advertising in the VEHICLE without prior written consent of the LESSOR;

h) Not to allow the use of the VEHICLE not identified or accepted by the LESSOR, according conditions agreed in the contract or any of its appendix or changes that are an integral part of this contract;

i) Not to allow use of the VEHICLE by a person being under 18 years, 

j) Not use or to not allow the use of the VEHICLE under the influence of alcohol, narcotics or in other similar states of disturbance;

k) To use the VEHICLE outside of the geographical area of the Portuguese mainland, in countries covered by International Green Card and under prior written authorisation by the LESSOR, who may request additional warranty limited to commercial value of the VEHICLE; for this purpose, the LESSEE must request prior authorisation with a minimum advance notice of 48 hours, being presumed not authorised in case of silence. In the event of disregarding this rule, the LESSEE must cover all resulting costs for towing, breakdown service, repairs abroad, returning the car as well as economic loss of the LESSOR. It applies a 14€ fee per day for international travel.

l) In the event of parking penalties that are not communicated immediately with the LESSOR and not paid directly by the LESSEE, a 100€ admin fee will be charged for processing and handling.

 

4. Price, Payment, Obligations, Time  and Cancellations 

a) The LESSEE undertakes to pay in advance to LESSOR, the price of rental fixed according list price in practice, no refund is grated as soon the rental period has started.

b) Additionally, the LESSEE undertakes to pay:

(i) Any value pertaining to security or franchise due by rent, in accordance with the tariff in force at the time of hire;

(ii) The amount corresponds to the duration of the rental; Agreed pickup and drop off times must be held and agreed on in a minimum of 7 days notice. Any delays by the LESSEE that exceed 30min a €30/hour charge will apply.

(iii) The sums corresponding to damage arising from an accident caused by you, or in the event of theft or robbery not covered by the insurance. If such damage is covered by the insurance, only up to the maximum amount of the respective deductibles. Any hospitalisation and medical assistance costs for the driver and passengers are not covered by the insurance;

(iv) All taxes and/or fees payable by virtue of the situations provided for in previous points;

(v) The amount of the loss of the documents of the VEHICLE rented, in value of €120,00 incl. VAT at the price rate in force;

(vi) The amount of €20,00 incl.  VAT for the service of refuelling in case of return of the VEHICLE with no full fuel tank;

(vii) The amount of € 50,00 (fifty euros) up to €500,00 (fivehundred euros) excl. VAT, in case the VEHICLE needs extraordinary cleaning and is returned not in the state it was handed over to the client. All equipment must be returned clean and free of sand. Failure to do so will result in a €10,00 cleaning charge per item.

(viii) All transaction fees executed and all judicial and extrajudicial costs, fines and other penalties, regardless their natures, deriving from the breach of any legal rule that LESSEE is responsible or related with VEHICLE during rental period;

(ix) The prepayment of the agreed rental amount will be refunded until 31 days before the rental period starts. For cancellations in between 30 days until 15 days towards the agreed rental period the prepaid amount will be withheld. A cancellation in between 14-0 days before the agreed rental period the complete rental fee will be withheld. If a booking was confirmed and a payment needs to be transferred back to the renter an administrative charge of €50,00 incl. VAT will be withheld. After the rental period has started no remuneration of any kind will be granted.

(x) All expenses and cost incurred by the LESSOR in order to obtain from LESSEE the accomplishment of the contract, namely the charge of the amounts due to the LESSOR, according to applicable law.

(xi) The costs of the repair and the damage that has been caused, in particular, by shock, collision, overturning, theft and/or theft of the vehicle and its immobilization. On the debits to be carried out shall be used the rates in force at the time of occurrence of the facts; there will be no place the responsibility of the LESSEE under this paragraph provided that the vehicle has been used in accordance with all the terms and conditions laid down in the contract and, cumulatively, has hired previously with the LESSOR payment of insurance fee corresponding to the coverage of risks of collision.

(xii) Administrative costs incurred by the LESSOR as a result of an administrative offence committed by the LESSEE, and following the LESSEE’s identification after notification by the LESSOR to that effect, in the amount of €50.00 (fifty euros) for the information provided to the competent authorities;

(xiii)Equipment: In case equipment is missing or is damaged it needs to refunded and deducted from the deposit.If a Surfboard breaks or bends in the middle a  €350 Softboard / €350  Hardboards / €400 Branded Boards will be charged per item. Minor damages will be charged according to the local repair fares.

(xiiii) Overpayments will be refunded together with the deposit within 15 working days

(xv) As soon as the LESSEE did a payment  (Prepayment  and /or final payment) he automatically agrees to all points in this contract, if the LESSOR has sent the contract digitally to the LESSEE.

 

5.Deposit 

a) In order to ensure compliance with all obligations deriving from the present contract, namely fuel and deductible of insurance, the LESSEE will deposit the amount of € 500,00 (fivehundred euro) by means via  Revolut or sepa instant bank transfer.

b) The LESSOR shall retain this deposit to be used, in the event of loss or damage to the vehicle during the term of this agreement, to defray fully or partially the costs of necessary repairs, replacements in case of damage or loss of income. Therefore the cost estimate is binding and the repair can be done to a favorable business time. In case of a damage, the LESSEE is requested to cover additional costs, up to the maximum excess or the total amount of the damage immediately. In case of amounts to be paid (e.g., additional days of rental, toll fees, fuel expenses and/or deductible) the lessor can deduct the value of the deposit in whole or in part. In the absence of damage of the vehicle or changes of the contract, said deposit of €500,00 shall be refunded in maximum of 15 working days after the vehicle has been returned. In case of use of the “Via Verde” transponder a €20,00 administration fee will be deducted from the deposit.

 

6. Insurance 

a)The LESSEE or the driver of the vehicle authorised, participates as insured of an insurance policy that covers the cars limited liability up to a maximum amount of EUR 50,000,000.00 (fifty million euros), in accordance with the laws in force in the country.         

b)The insurance policy provided previously, cover corporal and material third-party damage, and do not cover, damages deriving from accident, collision, rollover, theft or fire of the VEHICLE, as well as personal injury of driver and passengers carried, being the LESSEE the responsible for those damages and increases of insurance  costs.

c) LESSEE may hire, the following services:

i.) Excess Cover Deductible : this coverage covers partially damages resulting from collision

Rollover, theft or fire of the VEHICLE, which LESSEE will be responsible for damages up to the limit of the deductible excess.

d) In case of accident, even if ADA (Amicable Declaration of Accident), is signed, LESSEE will be responsible for damages payment till the maximum value of deductible into force during the contact period, exception made if that accident responsibility it is assumed by third parties;

e) When hire, only the LESSEE and/or authorised drivers will benefit of the partial coverage insurance of damages and deductible excess reduced; non compliance with this provision determines total cancellation of the insurance coverages prevent in the previous provisions, as well as accident caused by negligence or drunkenness, use of drugs or non compliance by the LESSE and/or the authorised Driver of all general and particular conditions of the rental contract as well as with Highway Code and further applicable legislation;

f) In the event of accident deriving from speed exceeding, negligence, driving under influence of alcohol, drugs or other product that may reduced the driving capacity, the LESSEE will be responsible for total costs of repairing and indemnification correspondent to the time of VEHICLE immobilization, even if a reduction deductible service has been hired;

g) The LESSOR will charge any costs to the LESSEE deriving from false information disclosed by the later, in particular regarding their identity, address, telephone contact or validity of driving licenses, without prejudice to the criminal liability that the case fits;

h) The LESSE is obliged to:

(i)  Contact LESSOR intermediately and participate to police authorities any accident, theft, robbery and/or fire, even if partial; undertakes, also, to participate, within a maximum period of 24 hours, to FLYNSURF such accident, theft, robbery and/or fire, even if partial;

(ii) do not to abandon the site of the accident, theft, robbery and/or fire before the arrival of police authorities, failing which he will be responsible for the damage resulting from those in totality,not having the reduced coverage deductible any effect in the event of non compliance with this clause;

(iii) To mention participation in the circumstances in which the accident occurred, the date, time, place, name and address of the witness, the name and address of the owner and the driver of the third vehicle involved and the registration, brand, insurance company and policy number of such third vehicle;

(iv) Not to declare in any case, responsible or guilty of the accident with a third party, under penalty of the LESSOR exert on themselves right of return.

(v) Pay, in case of theft, the full cost of the current value of the car (thirdparty), 2000€ in case of  having booked the 1000€ excess, 1500€ in case if having booked the 500€ excess.

i) A 14€ fee per day is due for all drivers under 26 years and all drivers with less than 6 years driving experience

 

7. Maintenance, Repairing VEHICLE and Fuel 

a) In the event that LESSEE detects any technical problem (control lights, warning signals, oil lamp, cooling liquide,...)  in the VEHICLE must stop it immediately and contact LESSOR. Any improper use of the VEHICLE, will be under LESSEE’s full responsibility.

b) In the event the VHEICLE stops due to failure, repairing only must be done under LESSOR’s prior authorization by writing and according his instructions. The invoice issued must identify all pieces replaced.

c) Trailer costs inside or outside the Portugal, due to improper use of the VEHICLE, will be under LESSEE’s responsibility.

d) The VEHICLE will be delivered and returned full of fuel, additional cost of missing fuel and  €20,00 for the service of refuelling will be charged to the LESSEE;

e) LESSEE must take under his responsibility all measures requested to keep VEHICLE is same conditions received.

f) In the event of refuelling with improper fuel for the VEHICLE the LESSEE will respond for any costs resulting from total replacement of fuel, removable and cleaning of fuel deposit, engine adjustment and other damages caused to the VEHICLE

g)In the event of vehicle immobilization due to mechanical break-down or accident, and if it’s not possible to repair “in loco”, the Rental Firm shall send a tow truck to take the vehicle. The Hirer will be transported to the rental center, where another vehicle will be delivered if available.

In case the vehicle is exchanged for a vehicle with a lower category, the price difference will be refunded. 

h). Vehicle Breakdown (Inoperable Vehicle): In the event of a breakdown or mechanical failure that renders the vehicle undriveable, the Lessor will provide the Lessee with an equivalent replacement vehicle. In this case, the Lessee is not entitled to terminate the rental agreement prematurely, cancel the rental, or claim any refund of the rental price.

i). Minor Technical Issues: In the event of minor technical defects or functional limitations that do not affect the driving safety of the vehicle, the Lessor reserves the right to either have the defect repaired  or provide a replacement vehicle. This situation does not constitute a ground for premature termination of the contract, cancellation of the rental, or any refund.

 

8. Data Protection LESSEE gives express, freely and clarified consent to the collection, use and treatment of is personal data, once framework has exclusive purpose of the execution of this contract, namely, (a) customer management; (b) accomplish legal obligations (Decree_Law n.º 181/2012, 6th August) The categories of collected personal data are the following: telephone and/or mobile phone number; sex; age; address; tax number; identity card or passport and issuance or validity date; For the purpose of executing this contract, contractual management relationship, namely, prior procedures of the contract and declaration of negotiation as well as legitimate interests pursued by the LESSOR, LESSEE expressively consent the first to copy and/or digitalised identification documents, as driving licence, as well as to retain respective copies during the period strictly necessary to ensure the purpose in question. Personal data collected will be preserved by LESSOR during the period strictly necessary to ensure the purpose of destination according to Decree-Law n.º 181/2012, 6th August. LESSOR are authorised to communicate personal data to police and/or judicial authorities, in the event of breach of Highway Code and for criminal investigation purposes. LESSEE may request to LESSOR at all time, access, actualization, correction and elimination of his personal data, as well as to oppose to respective treatment, trough written request by using the email: …………

 

9. General Provisions The contract of hire is done in accordance with the Portuguese law, and it is governed exclusively. The parties agree expressly for all legal purposes and judicial, in particular to citations and/or notifications related to this contract, their domiciles as set out in this Contract. For all disputes, declaratory or executive, arising from this contract, is stipulated jurisdiction of the district of  Sintra with the express renunciation of any other, unless violate procedural rule imperative. The LESSEE recognizes that all clauses in this contract (particular e general conditions) were timely and expressly communicated and explained to him, and that the same was aware of the same, by signing this contract.