FIRST CLAUSE – SCOPE OF APPLICATION
1.1. - The vehicle without driver rental contract celebrated between Annie Campers from: Aspigapex, Lda, NIF 514877405, forward referred to as RENTAL FIRM, and the client identified in the Special Conditions, ahead referred to as HIRER, is ruled and regulated by the Present General Conditions and by the preceding Special Particular Conditions that are integrant part of the Rental Contract.
1.2. - Any alteration or derogation made to the present General Conditions must be written and signed by both parts.
1.3. - The vehicle without driver rental contract celebrated between the RENTAL FIRM and the HIRER covers the circulation only in Portuguese continental territory, without prejudice of covering circulation in foreign countries, through written authorization from the RENTAL FIRM with the respective applicable rates, according with the respective price table ruling.
SECOND CLAUSE – RESERVATIONS
2.1. –For HIRER, to guarantee the reservation of the VEHICLE identified in the Special Particular Conditions, he will have to pay 50% of the total rental amount, which will be submitted to the cancelling rates described in the number 2.8.
2.2. - As to be a written reservation.
2.3. - The confirmation of the reservation will be made by the RENTAL FIRM after the verification and receiving of the partial amount, as indicated in the point 2.1 (50% of the total rental amount).
2.4. - To guarantee the VEHICLE delivery, the HIRER must pay the remaining amount of the renting (the remaining 50% of the total rental amount), until 10 days earlier before the beginning of the accorded rental period as is referred in the Special Particular Conditions.
2.5. - The lack of payment referred in the last point (point 2.4), will be considered by the RENTAL FIRM has a cancelation of the reservation, which can be submitted to the cancelling rates described in the number 2.8.
2.6. – In case of, the HIRER pretends to make any alteration to his reservation, he must contact immediately the RENTAL FIRM; however, he could be submitted to the respective vehicle availability at the moment.
2.7 - Any alteration to the reservation will have to be approved by the RENTAL FIRM and formalized by writing, has described in the point 2.2, which if not, could result in a cancelation of the reservation, submitted to the cancelling rates described in the point 2.8.
2.8 - For the effects, If a HIRER cancels his reservation, he will be submitted to the following cancelation fees:
2.8.1 Cancelations up to 31 days before the beginning of the rental period accorded: it will be returned to the HIRER the total amount paid by him for the reservation.
2.8.2 Cancelations between 30 and 15 days before the beginning of the rental period accorded: The RENTAL FIRM will return to the HIRER only 50% of the total amount paid by him for the reservation.
2.8.3 Cancelations with less of 15 days before the beginning of the rental period accorded: the RENTAL FIRM will keep the total amount paid by the HIRER for the reservation without any devolution.
2.9 – Check-in and Check-out days will be considered as renting days.
2.10 – If the pick-up of the vehicle is made later or the drop-off is made earlier by the HIRER regarding to the service accorded in the contract, it won´t be refunded any refunds to the costumer.
THIRD CLAUSE – HIRER AND ADDITIONAL DRIVERS
3. 1 - Only and just the HIRER and the additional drivers identified by him in the preceding Special Particular Conditions can drive the VEHICLE. For that effect, he must present the original identification documents and the respective valid driving licenses, during the pick-up of the VEHICLE and before collecting the VEHICLE.
3.2 - The HIRER and the additional drivers must be, at least, 21 years of age, when signing the rental contract, and must have and present a valid B class driving license (light vehicles) at least since two years.
3.3- If one of the identify drivers, is less than 25 years of age, will be charged an additional fee of 5 Euros a day.
3.4- Looking to the previous number (point3.2) as to the valid driving license, it´s also applicable to the driving licenses issued by the European Union Countries.
3.5 - In case of the HIRER and the additional drivers are not residents in a European Union country, apart from the minimum age requirement mentioned in the (point 3.2), they must also have and present a valid international driving license.
3.6 - If the requirements written in the previous numbers are not fulfilled, the RENTAL FIRM has the right of not delivering the VEHICLE and to apply the cancelation rates/ fees written and described in the point 2.8.
FOURTH CLAUSE – VEHICLE DELIVERY AND RETURN
4.1 - The rented VEHICLE is delivered, along with the respective documents, by the RENTAL FIRM to the HIRER, at the company´s office, by the signature time and date of the vehicle without driver rental contract.
4.2 - The HIRER must declare that he has received the VEHICLE in perfect working conditions, clean, equipped with all accessories, five tires in good conditions and the fuel tank full, with any apparent defects.
4.3 - The eventual damages in the VEHICLE are properly identified in the field "REPORT OF DAMAGES" of the precedent Special Particular Conditions.
4.4 - The HIRER is obliged to maintain the VEHICLE in perfect conditions, both conservation and cleaning, and returning it to the RENTAL FIRM on the same conditions as he received it and on the expected time and date predicted for the rental termination, with all the documents, equipment and accessories from the vehicle.
4.5 –In the act of returning the VEHICLE, the HIRER must return it has he received it (point 4.2), with a cleaned interior (absence of garbage, sand, mud or any other wastes and the residual waters deposit and toilet empty and clean) and also a cleaned exterior.
4.6 – In case of the HIRER does not follow the instructions on the last point (point 4.5), the RENTAL FIRM will charge a cleaning rate of 75 Euros (seventy-five Euros).
4.7 - The Responsibility for the loss or damage of the VEHICLE accessories, equipments or spare parts is from the HIRER. The HIRER must compensate the RENTAL FIRM by paying the verified damage.
4.8 - The HIRER must deliver the VEHICLE at the end of the rental period, or at the date of term of the vehicle without driver rental contract, at the RENTAL FIRM office and during the working schedule, except if he accords with the firm other way of deliver.
4.9 - In case of the HIRER wants to return the VEHICLE on a different location referred in the previous point, he needs to get a written authorization from the RENTAL FIRM.
4.10- If the previous alteration is approved by the RENTAL FIRM, will be charged an additional rate, which could cost up to 200 Euros, depending of the location established for the returning, and the payment must be done by using a credit card.
4.11 – The rate will be applied in all situations, independently of the reasons of the change the location of the delivery, it will be variable according to distance but never out of Portugal.
4.12 - If the VEHICLE shows any damage, contraries of a prudent and normal use, the HIRER is held responsible and must pay and reimburse the RENTAL FIRM of the repair costs.
4.13- The delay of the VEHICLE delivery, obliges the HIRER to pay the RENTAL FIRM, by way of penalty clause, for each day of delay (full or fraction) a calculated value, based on the triple of the daily price of the VEHICLE (including the insurance option accorded) made by the RENTAL FIRM for the VEHICLE in the contract and must be paid immediately with the delivery of the VEHICLE.
4.14 - It is cause for immediate resolution of the contract, without any need of judicial intervention, the use of the VEHICLE for other means than the one for what is contracted, giving the right to the RENTAL FIRM to recollect the VEHICLE immediately as the situation is known, without any previous notice, being the HIRER the only and unique responsible for all the costs involved.
4.15 – In case of impossibility to deliver the VEHICLE, at the beginning of the rental period accorded, by a reason not imputable and responsible to the RENTAL FIRM, such as one of those situations: a) a delay on the delivery by the previous hirer; b) accident; c) theft; d) breakdown; or, e) any other situation that makes impossible to deliver the contracted VEHICLE, the RENTAL FIRM will refund the HIRER with the total amount paid by him, and only that amount, there will be no restitution or compensation beyond that value.
4.16 - For the delivery and/or return of the VEHICLE out of the RENTAL FIRM office, or beyond of the working schedule (Monday to Friday from 09h00 to 18h00) there will be applied an additional rate, according to the price table used at the moment.
FIFTH CLAUSE – USE OF THE VEHICLE
5.1 - The HIRER cannot modify or make any alterations in the VEHICLE, neither installing accessories and advertising or make commercial mentions, without previous written authorization of the RENTAL FIRM, otherwise the contract will automatically be resolved, without any need of judicial intervention, giving the right to the RENTAL FIRM to recollect the VEHICLE, immediately as the RENTAL FIRM knows the situation, without previous notice of the HIRER, being the HIRER the responsible for all the costs involved in putting the VEHICLE on the same conditions that it has when it was delivered to him and for the recollect of the vehicle.
5.2 - The HIRER must not allow anyone to drive the VEHICLE, apart from the additional drivers identified in the rental contract, as pointed in 3.
5.3 - The HIRER cannot use, or allow anyone to use the VEHICLE in the following situations:
5.3.1 – Public transport of passengers or goods or others, in exchange of any compensation or retribution;
5.3.2 - Use the VEHICLE for sport events, competitions or training, despite of its official character or not;
5.3.3 - Use the VEHICLE to transport merchandise, that violates the law;
5.3.4 - Use the VEHICLE to help, push or propel another vehicle or trailer;
5.3.5 - Use the VEHICLE to transport passengers or merchandise that violates the vehicle characteristics mentioned in the vehicle official documents;
5.3.6 – To any imprudent use, dangerous and/or contrary to the official legislation;
5.3.7 - "Off-road" driving in dirt roads, sand, marsh areas or submersion in water.
5.4 - The HIRER cannot drive, or allow the additional drivers to drive the VEHICLE, under the influence of alcohol, drugs or any other substance that reduces perception and reaction capacities.
5.5 - The HIRER cannot sublet, lend or give, fully or partially, by business or any other reasons, the resultant rights of this vehicle without driver rental contract, without previous written authorization of the RENTAL FIRM.
5.6 - The HIRER is obliged to close and lock the VEHICLE properly, and cannot not leave in its interior the respective vehicle documents, or any other objects that might be the cause of theft, robbery or damages to the VEHICLE.
5.7 - The loss or damage, total or partial, of the VEHICLE documentation or keys, obliges the HIRER to refund the RENTAL FIRM of all injuries and costs involved, including administrative expenses and the emission of second documents.
5.8 – Animals are not allowed in the VEHICLE, in exception of guide dogs properly identified.
5.9- In case of any losses or damages related to objects kept, transported or carried by the HIRER or other VEHICLE occupants, during or after the contract term, it is only and just HIRER´S full responsibility.
SIXTH CLAUSE – RENTAL EXTENSION
6.1 – In case of the HIRER wishes to extend the renting time of vehicle rental contract, beyond the stipulated date of term, he must request in the office of the RENTAL FIRM, with a minimum of 24-hour notice, before the end of the term date.
6.2 - The extension of the rental period of the VEHICLE, is submitted to the RENTAL FIRM´S approval, in that situation the firm will celebrate another rental contract with the HIRER.
6.3 – In case of the RENTAL FIRM refuses to extend the renting contract, the HIRER must deliver the VEHICLE on the previous stipulated date.
SEVENTH CLAUSE – VEHICLE MAINTENANCE AND OTHER DAMAGES
7.1 - The HIRER is obliged to:
7.1.1 - Respect the warning indicators of the VEHICLE;
7.1.2 - Verify the engine oil and it´s levels and cooling water levels in every 500 kilometres and refill them according to the instructions and in case of need.
7.1.3 - Verify the tire pressure and the respective steering alignment;
7.1.4 - Inform the RENTAL FIRM of any mechanical or electrical intervention that is needed and not specified;
7.2 – In case of any situation described on the previous points occurs, the HIRER must immediately stop the VEHICLE and contact the RENTAL FIRM, which will inform him of the correct procedure to take;
7.3 - The costs of any repair made by the HIRER in that situations will be supported by the RENTAL FIRM, as long as the steps described in the previous points were fulfilled and as long the expenses made by the HIRER be presented.
7.4- Are excluded from the point 7.3 any tire damage, such as punch or burst tires and it´s costs are fully responsibility of the HIRER, except when he has the option insurance "TOP EXCELENCE".
EIGHTH CLAUSE – ACCIDENT OR BREAKDOWN AND VEHICLE REPAIR
8.1 –The HIRER, in case of accident, must immediately contact the RENTAL FIRM to inform the location and circumstances of the accident, and simultaneously call the authorities for them to register the occur, being the HIRER obliged to remain in the accident location.
8.2 - In case of the conditions are accomplished to fill out the "European Accident Statement ", the HIRER is responsible for it, by filing in all the correct and necessary fields and information. The HIRER must also deliver the "European Accident Statement" to the RENTAL FIRM, so it can be delivered to the Insurance Company that represents the RENTAL FIRM.
8.3 – In case of the HIRER verifies any mechanical or electrical malfunction, he must immediately stop the VEHICLE and contact the RENTAL FIRM, which will indicate him the correct procedure to follow.
8.4 - If it´s a possibility to repair the malfunction on the location, the HIRER, after RENTAL FIRM´S written authorization, can repair the VEHICLE, in an official mark assistance service and according to the instructions given by the RENTAL FIRM.
8.5 - In case of the VEHICLE´s immobilization and beyond the impossibility to circulate, in the sequence of any of the situations described in the previous points, the RENTAL FIRM will send a tow truck to transport the VEHICLE to its office or any other official place of assistance service indicated.
8.6 – In case of the situation written in the previous point occurs and:
8.6.1 - the VEHICLE is less than 50 kilometres from the RENTAL FIRM´S office, another VEHICLE will be sent for substitution by the RENTAL FIRM;
8.6.2 - the VEHICLE is more than 50 kilometres from the RENTAL FIRM´S office, the HIRER and the VEHICLE will be transported to the RENTAL FOIRM´Soffice, where another VEHICLE will be delivered.
8.7 - the VEHICLE substitution, as written in the previous points, will only be assured according to availability of substitution vehicles.
8.8 - In case of unavailability of a substitution vehicle, the RENTAL FIRM will refund the HIRER for the remaining period that the HIRER has right in the signed contract.
8.9 - Any expense that the RENTAL FIRM needs to support with the recovery of the VEHICLE, regarding tow truck or any other means, in Portugal or abroad, due to a non-proper use of the VEHICLE by the HIRER will be full responsibility of the HIRER.
NINTH CLAUSE – FUEL
9.1- The VEHICLE must be returned by the HIRER with the same level or amount of fuel than it has on the beginning of the rental period, as described in the Special Particular Conditions.
9.2 – In case of the VEHICLE is returned with less fuel than the one it has on the beginning of the rental period, the RENTAL FIRM will charge from the HIRER the cost of the missing fuel, added with a fuelling rate of 10,00€ (ten Euros) for the re establishing service.
TENTH CLAUSE – INSURANCE
10.1 - The VEHICLE has an obliged insurance with civil responsibility by the terms of the Portuguese law, which covers only the HIRER and/or the additional drivers.
10.2 - The HIRER can subscribe one of the following coverage's that includes damage caused by accident and theft or robbery of the VEHICLE:
10.2.1 – BASIC OPTION: security deposit of 1.900,00 Euros which includes travel assistance – price included in the rental daily price of the VEHICLE.
10.2.2 – EXCELENCE OPTION: security deposit of € 800,00 and includes travel assistance, windows isolate breakdown insurance, occupants insurance and one additional driver – increase of the rental daily price of the VEHICLE according to the Rental firm´s price table.
10.2.3 – TOP EXCELENCE OPTION: security deposit of € 400,00 and includes travel assistance, windows isolate breakdown insurance, occupants insurance, tires insurance, the possibility to circulate in Portugal and Spain and two additional drivers - increase of the rental daily price of the VEHICLE according to the Rental firm´s price table.
10.3 - In case of accident, the HIRER is obliged to follow the next procedures:
10.3.1 - To Inform the RENTAL FIRM and the authorities any accident, theft, robbery or any other incidents, in a maximum of 24 hours after the occurrence;
10.3.2 - To obtain the names and addresses of all the intervenient and witnesses;
10.3.3 - Not to abandon the VEHICLE without taking the necessary precautions looking for the safety of the VEHICLE;
10.3.4 - Not to assume any responsibility or to declare guilty in case of accident, that might input responsibility to the RENTAL FIRM;
10.3.5 - Contact immediately the Rental firm giving them a complete report of the accident, including the authority's accident report.
10.4 - In case of accident, theft or robbery, the Hirer is always responsible for a mandatory relief, looking the damage caused in the VEHICLE, up to the fixed amount of the subscribed insurance option.
10.5 - Any expenses to repair damages caused in outside and inside of the VEHICLE are exclusive responsibility of the HIRER, if these weren´t part of a car crash accident.
10.6 – The HIRER has exclusive responsibility in all the expenses related to lost, theft or forgotten keys left inside the vehicle, and also for putting incorrect fuel in the Vehicle.
10.7 -Every damage in the VEHICLE, caused by circulation in non-asphalt roads, restricted areas, submersion areas and theenter of the vehicle in areas with less of 2,80m of height will be the HIRER´S full responsibility.
10.8 - In case of theft or robbery of the VEHICLE, the HIRER must immediately inform the competent authorities, inform and send copy of that notice to the RENTAL FIRM, together with the VEHICLE keys, in a maximum period of 24 hours. If these instructions are not followed by the HIRER, the insurance coverage's will expire, and all the charges will be full responsibility of the HIRER.
10.9 – Whatever was the insurance option subscribed, the HIRER is always liable for all negligent use of the VEHICLE and the damages that can occur are his entire responsibility.
10.10- In case of accident due to excessive speed, neglect manners, driving under the influence of alcohol or drugs or any illegal substance that decreases driving ability, the HIRER will be responsible for all repair expenses and respective compensation for the time the vehicle is neutralized, independently of the insurance option subscribed.
10.11 - The VEHICLE is only covered by the insurance, during the fixed period of the contract and as mentioned in the Special Particular Conditions, unless there is an approved contract extension, in the terms of the general conditions presented.
10.12 – The responsibility from he damages caused by theHIRER beyond the fixed date, are only and exclusively responsibility of the HIRER.
ELEVENTH CLAUSE – SECURITY DEPOSIT
11.1 - The security deposit can only be paid through a valid credit card (VISA or MASTERCARD).
11.2 - At the moment of VEHICLE delivery, the HIRER is required to make a security deposit in proportion of the security deposit amount insurance chosen (this amount will be frozen in the HIRER´S credit card by the RENTAL FIRM, to ensure the excess payment, in the event of robbery or accident and any other VEHICLE damage during the rental period).
11.3 - If the security deposit amount is not authorized by the bank or by the credit card company, the contract cannot be executed and the VEHICLE cannot be delivered to the HIRER, in this case, there will be no entitlement to the HIRER for returning of the amounts paid by him in the reservation of the VEHICLE.
11.4 - The security deposit will be returned by the RENTAL FIRM to the HIRER at the end of the rental period, after the inspection of the vehicle made by the RENTAL FIRM, who shall state that the VEHICLE is in the same conditions than when it was collected by the HIRER in the beginning of the rental period.
11.5 - In the case of being detected damages in the VEHICLE, the RENTAL FIRM can establish the amount that the HIRER must pay, this value will be deducted on the security deposit given as guarantee.
11.6 – In case of the situation described in the previous point occurs, the HIRER will be responsible for the total amount of the repair expenses and the correspondent amount related to the immobilization period of the VEHICLE.
11.7 - If the RENTAL FIRM verify that the VEHICLE was operated in a non-proper way resulting on damages higher than the security amount, the HIRER is responsible for the payment corresponding to the difference between the damages value and the security deposit that he made.
11.8 - If the value of damages cannot be detected immediately, the HIRER has a 10-day period, counting by the date determined by the RENTAL FIRM, to cash or to refund the damages observed or to claim the difference between settlement and the cost of faults or defects.
TWELFTH CLAUSE - PAYMENTS
12.1- Is considered the HIRER the person that gives the credit card for using in all transactions referring to this contract.
12.2- The HIRER undertakes the obligation to pay to the RENTAL FIRM, all expenses arise from this contract, both present in General and Special Particular Conditions, at it is demanded, as follows:
12.2.1 – The renting price of the VEHICLE, according to the rental period and the insurance option subscribed.
12.2.2 - Any charges referring to personal accident insurance, windscreen insurance, additional accessories and any other expense applicable according to the RENTAL FIRM price table or the rates and fees referred in the Special Particular Conditions of this contract.
12.2.3 - Every taxes and fees related to the rental rate of the VEHICLE or the established amount by the RENTAL FIRM for the returning of the referred taxes and fees;
12.2.4 - Every expenses supported by the RENTAL FIRM watching extra or legal collection of the amounts owed by the HIRER, in consequence of the present contract.
12.3 - Each and every unpaid invoice, issued by the RENTAL FIRM and not paid until the due date, will be added of interests according to the highest legal rate, as well as a 20% increase as penal clause and compensation for occurred damages.
12.4 – In case of accident, the HIRER is liable to pay, the value of 35 Euros, for administrative expenses.
12.5 - The HIRER, since now, authorizes the RENTAL FIRM to fill and charge all the values in debit until 15 days after the last day of the contract, in the respective credit card.
12.6 – The HIRER must know that all transactions will be made in EUROS and according to the exchange and bank rates variations.
12.7 – Beyond the payment to guarantee the reservation, the RENTAL FIRM only accepts money or credit card and is allowed to reject any other type of payment.
THIRTEENTH CLAUSE - AUTOMATIC TOLL PAYMENT DEVICE
13.1 – The use of VIA VERDE (Automatic Toll payment device) require the HIRER to pay a 10,00 Euros administrative fee above the toll value charged.
13.2- The values according to the previous point can be charged up to 15 days after the end of the rental period, if the automatic toll payment device was used during the contract.
13.3 - The HIRER is responsible for the VIA VERDE device conservation and is also his duty to keep it in perfect conditions, as well he is not authorized to remove it from its original position, and must inform the RENTAL FIRM of any anomaly and/or to go to a VIA VERDE technical assistance point to resolve the anomaly.
13.4 – If the VIA VERDE (Automatic Toll payment device) wasn´t used and all tolls were paid by the customer, it won´t be charged any fees described in the previous points.
FOURTEENTH CLAUSE – INFRACTIONS
14.1 - The HIRER is held responsible on paying to the RENTAL FIRM all the values/expenses related to fines and/or sanctions due to the infraction of traffic rules, parking and tolls, as well as all the consequences and responsibilities that occur from those infractions.
14.2 - To the referred values in the previous number, the RENTAL FIRM adds the value of 10,00 Euros (ten Euros) for administrative expenses.
FIFTEENTH CLAUSE – INFORMATION AND CLARIFICATIONS
15.1 - The HIRER clearly declares that the content of the present in General and Special Particular Conditions have been previously communicated and explained and that he is fully aware and understands all the specific content.
15.2 – The HIRER ensures that all the information provided to the RENTAL FIRM related to the rental contract are completely true.
SIXTEENTH CLAUSE - LITIGATIONS
16.1 - In case of a litigation related to the vehicle without driver rental contract, including the previous Special Particular Conditions and the present General Conditions, it is stipulated as competent jurisdiction the law court in Lisbon.
16.2- Both parts assume that the addresses and contacts indicated in the Special Particular Conditions are valid for judicial or extrajudicial citations and/or notifications.
16.3 – According to the law nº 144/2015, we inform that in case of litigations the hirer can appeal to CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo ( National Centre of Information and Refereeing of consume conflicts) through the www.arbitragemdeconsumo.org