Terms & Conditions
1 – Delivery of the vehicle
The renter expressly declares that he received the vehicle on the date of the beginning of this contract, at the premises of the lessor, in good conditions of use, conservation and cleanliness and equipped with all the accessories in good condition, not presenting any apparent defects, all in accordance with the Handover and Return Notice of the attached rental contract.
2 – Return
1. The vehicle must be returned at the end of this contract or on the date of its termination at the premises of the lessor identified above at the same place and in the same conditions, in a good state of conservation and cleanliness, committing to return it to the lessor on the date provided for in the term of this contract together with all documents and accessories relating to it in the conditions in which it was delivered to you.
2. The Hirer undertakes to return the vehicle to the rental company’s premises where it was delivered, unless otherwise agreed, during office hours, that is, from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 6:00 p.m. on working days.
3. In case the vehicle is returned in a place different from the one referred in the previous number, the renter shall be liable for the losses caused to the lessor with that situation, namely the vehicle recovery costs foreseen in the attached tariff and/or, in case of damages to be repaired, the repair value in accordance with the methods, specifications and prices of the brand, without prejudice, in case of damages, to the use of the hired insurance.
4. The lessor is not responsible for any goods inside the vehicle that belong to the hirer or to third parties.
3 – Delay in returning the vehicle
The delay in returning the vehicle shall constitute the lessee’s obligation to pay the lessor, as a penalty clause, for each full day or fraction thereof, an amount calculated on the basis of three times the daily price charged by the lessor for the vehicle subject of the contract and in accordance with the Tariff.
4 – Guarantee
1. A guarantee by way of deposit shall be given by the hirer, by debit or credit card, as provided in the Rates, corresponding to the insurance excess.
2. In case of accident or return of the vehicle in disagreement with the present contract, the value of the damage and/or cost will be deducted from the amount delivered as security deposit and, in case it is not enough, it is the responsibility of the hirer to pay the remainder, up to the total value of the damage and/or cost caused to the vehicle within a maximum period of eight days.
3. Any amount and/or cost provided for in this clause may only be claimed after prior information and proof of the damage in question has been provided by the Lessor to the Hirer.
5 – Liability for payment of damages
The hirer is liable to pay for any damage caused which is not covered by insurance.
6 – Civil Liability Insurance
1. During the term of the contract, the vehicle is covered by a compulsory liability insurance policy in the maximum amount prescribed by law, the hirer becoming liable to pay the amount exceeding that amount.
2. The daily rate includes the value of the civil liability insurance referred to in this clause.
3. The vehicle will also be provided with insurance coverage against own damages and the renter will have to bear the respective excess and the value of any other expenses arising from the use of the vehicle, namely, tolls, parking fees or fuel differences as provided in this contract and in the Tariff or others, namely, those provided below in Clause 32.
7 – Goods vehicles
1. Without prejudice to the application of clause 7 of the present contract, in the case of the hire of goods vehicles, the Hirer is liable for all damage, even if it is caused by collision with trees, balconies, bridges or other obstacles, as well as objects transported.
2. In all circumstances, the hirer is obliged to respect the rules concerning the transport of goods and is always liable for any damage or offences he commits.
8 – Resolution and recovery of the vehicle
1. The present contract shall be considered automatically terminated, without the need for recourse to legal action, if the vehicle which constitutes its object is used under conditions which constitute an infringement of this contract.
2. In the case referred to in the previous number, in addition to the automatic termination of the contract, the rental company reserves the right to recover the vehicle, at any time, without prior notice, and the respective charges are the sole responsibility of the lessee.
3. The parties agree that the lessor may repossess the vehicle at any place where it is located without notice in the event of the aforesaid termination.
9 – Vehicle modifications and bans on advertising mentions
The lessee may not make any changes or alterations to the vehicle, nor install or uninstall accessories, parts and any equipment or affix advertising or commercial mentions on it without prior written permission from the lessor, under penalty of being considered a possessor in bad faith, under the terms of Article 1275 of the Civil Code.
10 – Authorised driver
1. The Hirer hereby undertakes not to allow the vehicle to be driven by any persons not identified in this rental contract or in the document attached thereto (Rental Contract Handover and Return Agreement).
2. The violation of the foregoing provisions of this clause shall constitute grounds for immediate termination.
11 – Prohibitions on using the vehicle and on transferring the use of the vehicle
1. The Hirer undertakes not to use or allow the use of the vehicle in the following situations:
a) To carry out public transport of passengers or goods or others for any compensation or remuneration.
b) For use of the vehicle in sporting or training events, whether official or not.
c) For transporting goods or animals in violation of customs or tax regulations or that for any other reason such conduct is unlawful.
d) to push or pull any vehicle or trailer.
e) By any person under the influence of alcohol, narcotics or drugs.
f) For transporting passengers or goods in violation of the vehicle’s characteristics as stated in its Registration Document / Single Automobile Document (DUA);
2. The Tenant is hereby forbidden to sublet, lend or assign, in whole or in part, by any form or business, the rights arising from this contract, without the prior express permission of the Lessor.
12 – Driver’s age
1. The person or persons authorised to drive the vehicle must be over 24 years of age, however, the rental may be made to persons under 24 years of age and over 21 years of age, subject to payment of an additional charge included in the Rental Firm’s current price list.
2. Drivers of the vehicle must always hold a driving licence valid for more than one year.
13 – Duty of care
1. The Hirer undertakes to use the vehicle in a diligent, prudent manner, observing the rules laid down in the Highway Code and other legislation regulating the circulation of vehicles.
2. The Hirer undertakes to notify the Rental Firm, when handing over the vehicle, if he has committed any offence against the Highway Code.
3. The Lessor shall have the right to claim back from the Renter the amount of the fines and/or penalties imposed on him by the competent authorities for offences or administrative offences relating to the use and driving of the rented vehicle, without prejudice to the right to be compensated for any other losses arising therefrom, as well as to be reimbursed for all judicial and extrajudicial expenses it may cause.
4. In case of need of driver identification before any entity or authority, the Rental Firm will always identify the main driver, except if the renter identifies the usage record of each driver.
14 – Other duties of care
1. The Hirer undertakes to close and lock the vehicle properly, not leaving inside documents relating to it or any other objects that may cause theft, robbery, or damage to the vehicle.
2. The loss or destruction, total or partial, of the vehicle’s documentation shall constitute Renter’s obligation to compensate the Lessor for the inherent losses, namely for the expenses arising from the issue of duplicate copies, including administrative expenses, as provided for in the Tariff.
15 – Prohibition of transfer or encumbrance
It is expressly forbidden to the lessee to sell, mortgage, exchange/permit or create any type of encumbrance on the vehicle, its components and accessories, object of this contract.
16 – Mileage
1. The hirer only requests to drive the rented car a maximum limit of 400 km per rental day (per 24 hours of rental).
2. If the vehicle is used for more than one day, the average daily limit value referred to above will be considered for the effects of the previous number.
3. In case of excess daily or average daily kilometres travelled, considering the established limit, each excess kilometre will be charged according to the Tariff in force.
4. It is expressly forbidden for the hirer to proceed or attempt to proceed with any violation of the odometer.
5. In case of violation of the odometer, the lessor will charge the renter the surcharge of one thousand kilometres per rental day (beyond the daily mileage limit), calculated according to the highest Tariff practised by the lessor, without prejudice to the action or actions that such behaviour may originate.
17 – Right to inspect the vehicle
The rental company may inspect or have the vehicle inspected at any time, for which purpose it must call the renter 24 hours in advance.
18 – Resolution
The non-fulfilment of any clause of the present contract implies from now on the rescission of the present contract under the terms of clause 10.
19 – Termination of the rental contract
1. The rental contract ends on the day fixed in this contract or its amendment.
2. If the hirer wishes to extend the rental period, he must go to the rental company’s offices or contact the company via email, at least 24 hours in advance, and obtain a new contract or amendment, thus extending the rental period.
3. The referred extension shall always be subject to the approval of the Rental Firm and to fleet availability and may be carried out via the email address set out in this contract which the parties hereby agree.
4. If the Rental Firm does not agree to extend the contract, the hirer must deliver the vehicle in the terms referred to in this contract, under penalty of the provisions of Clause 10.
20 – Vehicle Maintenance
1. The normal maintenance of the vehicle resulting from normal and prudent use is the renter’s responsibility, however, the renter is obliged to regularly check the oil levels (engine, brakes and gearbox), water or coolant levels.
2. Should the Renter notice any mechanical problem with the vehicle (any warning or information from the vehicle system), he/she undertakes to immobilise it immediately and to contact the Rental Firm.
3. If the vehicle is immobilised due to mechanical breakdown, repairs can only be carried out with the prior written agreement of the rental company and in accordance with the instructions given.
21 – Error when using fuel
In case of use in the vehicle of fuel other than the one appropriate to the vehicle, the hirer is entirely responsible for all expenses inherent to the repair of the same.
22 – Towing due to misuse
Any towing costs due to misuse of the vehicle will always be the renter’s responsibility.
23 – Fuel on delivery
1. The vehicle is delivered on this date with the fuel level indicated in the Delivery and Return Notice of the rental contract.
2. When the vehicle is returned with a lower level of fuel than the one it had at the time of delivery, the renter will be charged the amount of the missing fuel plus the cost of the refuelling service foreseen in the Tariff in force.
24 – Obligations in the event of an accident
The Renter undertakes, in the event of an accident during the rental period and if he/she is not physically unable to do so, to do everything possible to inform the Lessor of the event as soon as possible, cooperating with the Lessor and the authorities as necessary, namely:
a) To report to the rental company and to the police authorities any and all accidents, theft, robbery or any other casualties within a maximum period of 24 hours.
b) obtain the names and addresses of the persons involved and witnesses.
c) not to leave the vehicle without taking the appropriate measures for its protection and safeguarding.
d) Not to take any responsibility or to plead guilty in case of accidents, which may imply liability of the lessor.
e) Contact the rental company immediately with a detailed accident report including an accident report from the police authorities.
25 – Excess in case of accident, theft, or robbery
1- In case of accident, theft or robbery, the hirer is responsible for the payment of an excess referring to the damages caused to the vehicle, up to the amount fixed in the Rates in force at the date of the celebration of the present contract, without prejudice to what is foreseen in clause 8.
2. Damage resulting from misuse of the vehicle shall be the Renter’s sole responsibility, if not covered by the insurance.
3. In the event of an accident due to speeding, negligence, driving under the influence of alcohol, narcotics or the consumption of any product that impairs driving ability, the Hirer shall be liable for the entire cost of repair and compensation corresponding to the time the damaged vehicle was immobilised, even if the above-mentioned insurance has been taken out.
26 – Period of insurance cover
The vehicle will only be covered by insurance during the period agreed upon in the rental contract, except if there is an extension of the contract under the terms foreseen above, the lessor declining from now on all and any responsibility for accidents caused or that may be caused by the hirer, being the hirer the only and exclusive responsible for them.
27 – Exclusion of cover
There will also be no insurance cover for any driver who does not hold a valid driving licence issued more than one year ago.
28 – Territorial Limits to Vehicle Circulation
The vehicle may not be used, manoeuvred, or driven outside the territorial limits of Portugal without prior written authorisation from the rental company, the vehicle remaining uninsured.
29 – Fraud, False declarations, and Use of false documents
If the vehicle is rented from the rental company through fraudulent means, false statements, or use of false documentation, or if it is rented with the purpose of committing illegal actions, any and all use of the vehicle is considered unauthorized by the rental company constituting a clear violation of this rental contract.
30 – Payments
1. The lessee expressly undertakes to pay the amounts due and arising from the conclusion of this contract to the lessor as soon as they are requested, namely:
a) The price due for the vehicle rental, according to the rental period and respective mileage calculated in accordance with the Tariff in force and included in this contract.
b) Any and all charges relating to the insurance excess and any other applicable expenses in accordance with the Tariff in force.
c) All taxes levied on the hire of the vehicle, specifically VAT already included in the tri-rate in force.
d) all costs incurred by the Lessor in recovering payments due from the Hirer because of this contract, including legal fees.
e) The value of the fines and/or penalties applied by the competent authorities, due to infractions or administrative offences, relative to the use and driving of the rented vehicle, without prejudice to the right of the Rental Firm to be compensated for any other losses arising therefrom, as well as to be reimbursed for all administrative expenses for identification with the competent authorities, as provided for in the Tariff in force, as well as judicial and extra-judicial costs that it may cause.
f) the value of the costs arising from passing through motorway gantries (Via Verde or any other equivalent system), as provided in this contract in the following clauses.
2. All invoices not paid on the due date shall be subject to interest on arrears at the maximum rate legally permissible until full payment, as well as subject to an increase of 20% by way of penalty clause and compensation for damages suffered.
31 – Via Verde management service or equivalent if installed
1. The Rental Firm may provide the hirer, on the car windscreen or in another appropriate location, with a Via Verde identifier or equivalent in accordance with the Tariff in force.
2. The customer is responsible for the correct use and conservation of the Via Verde identifier (property of the rental company or Via Verde) and may not remove the referred equipment from the place where it is installed or use it in another vehicle, and must report any anomaly to the rental company.
3. The customer will be held responsible in the event of damage or loss of the equipment, being obliged to pay the cost provided for this case in the Tariff in force.
4. If the vehicle does not have a Via Verde identifier or equivalent, the customer is obliged to pay all fees and administrative costs that are due for the use of the vehicle during the validity of the contract.5. In the cases foreseen in the previous numbers of this clause or in case the equipment presents some technical fault that makes impossible the reading of Via Verde payment service or equivalent, the customer, from now on, authorizes the rental company to provide his data to Via Verde or equivalent for the collection of toll fees and/or other associated costs resulting from the use of the vehicle during the term of the contract.
32 – Guarantee of compliance
1. The Tenant, to guarantee the fulfilment of the obligations arising from this contract, shall provide a deposit for the amount identified above in clause 6, which shall be used to pay the excess, penalty clauses, default interest, damages, tolls, Via Verde, expenses of any nature and damages provided for in this contract.
2. The deposit will be returned by bank transfer to the account indicated by the Tenant or the account of the origin of the card used.
3. The Renter expressly authorises the Lessor to debit from the above-mentioned cards the amount of the deposit and the costs arising from the use of the vehicle for which it is intended and provided for in this contract, namely, arising or not from Additional Charges – “Late Charge” – due for parking fines and for breaches of the Highway Code, Rent-a-Car insurance excesses (amounts relating to collision damage/damage insurance excesses against any loss or damage to the vehicle, in case it occurs in a situation where the renter is responsible for the vehicle) or any amounts resulting from damage, loss or theft relating to the rented vehicle, and the rental company must return the remaining amount.
4. The hirer or cardholder will be notified of the additional charges – “Late Charge” – through a mobile phone message or email contained in this contract.
5. If the deposit has been returned and if, in a later moment, the emergence of any cost due by the hirer due to the use of the vehicle is verified, the hirer shall always be responsible for the payment, expressly authorising the rental company to debit the respective amount from the card or, if this is not possible, he/she shall bear the cost plus administrative costs and interest at the legal rate for commercial transactions, always in accordance with the provisions of this contract and the respective Tariff in force.
33 – Travelling assistance
1. The Vehicle must be assisted while travelling in the event of breakdown, accident or tyre damage which prevents the vehicle from running on its own means.
2. In these cases, the Renter will call the assistance number indicated by the Lessor when the vehicle is delivered and which appears on the Rental Agreement’s Delivery and Return Notice, namely no. 800 201 833.3. Towing to a garage indicated by the Lessor will be provided.
34 – Guarantors
1. The Landlord may require the Tenant to provide one or more guarantors.
2. The guarantor(s) underwriting this contract, identified above, assume(s) the obligation of principal payer(s), guarantee(s) and respond(s) to all obligations under this contract.
3. The guarantors hereby waive the benefit of Excussion provided for in Article 639 of the Portuguese Civil Code.
35 – Litigation and Jurisdiction
1. For all disputes of a declarative or enforcement nature arising from this contract, it is stipulated by agreement of the parties, the district court of Aveiro with express waiver of any other.
2. The losing party shall bear the costs of such litigation including the fees of any legal representatives incurred by the other party.
36 – Knowledge and clarification of the contents of the contract and Complaints Book
1. The Tenant acknowledges that all the clauses of this contract were timely and expressly communicated and explained to him, being aware of them, so he signs this contract.
2. The Rental Firm provides the Tenant with the complaints book in physical format, which is available in its fixed establishment for public attendance, located at Avenida 25 de Abril, n. 34, 3810-197 Aveiro, as well as, in electronic format accessible through the site https://www.livroreclamacoes.pt/INICIO.