1. DELIVERY AND RETURN OF VEHICLE
1.1 The LESSEE declares to have received the vehicle in good conditions of use and cleaning, in accordance with the joint check called “check out”, with the respective equipment, accessories and documents, cables Equipments with tires in good condition, committing to return them, Under the same conditions as the portal, no place and date designated in the Contract.
1.2 In case of deterioration of the tires for reasons unrelated to a prudent and normal use, the LESSEE is obliged a replacement immediately and at its expense, for a tire with its characteristics and brand. You can pay the cost of replacing the tire in 7 LOMBAS RENT A CAR, according to the current table.
1.3 A is not liable to the TENANT or any third party for the loss, theft, theft or property damage of property left in the vehicle during and after the rental period.
1.4 The TENANT shall return the vehicle without termination of the Contract or on the date of its resolution, unless otherwise agreed, at the premises of 7 Lombas RENT-A-CAR where it is delivered, within working hours, or at a place indicated by the latter , Under penalty of considering the contract Contract.
1.5 There is no vehicle returned on the agreed date, the LESSEE undertakes to pay to ILHAS MÁGICAS RENT-A-CAR a title of penal clause, for each day, whole or fraction, an amount calculated based on triple the daily rate for The vehicle is rented and the ALUGUE-A-CAR 7 lombas is also required to initiate the civil and criminal judicial procedures necessary for the recovery of the vehicle and compensation for the damage suffered, in particular in the case of a precautionary procedure for the return of the vehicle.
1.6 If the vehicle is to be left in a place other than the agreed place, there will be a mileage compensation or a “rate” of return, in accordance with the rates in force corresponding to the distance between the place where the vehicle is and place of origin.
1.7 The LESSEE is responsible for all losses or damages, including theft or theft of the vehicle, otherwise it is not returned to an employee of the 7 LOMBAS RENT A CAR.
1.8 If the vehicle presents defects, damages or levels of softness contrary to its prudent and normal use, in particular when requiring 7 LOMBAS RENT A CAR to perform extraordinary and deep cleaning of the exterior / interior of the vehicle, instead of a simple and Current, as every time possible in a manual self-service wash center, the LESSEE will indemnify 7 LOMBAS RENT A CAR for the cost of its repair and / or extraordinary cleaning.
2. USING THE VEHICLE
2.1 The LESSEE undertakes to:
A) Make normal and prudent use of the vehicle, complying with a Law, especially the Highway Code, ensuring that the market is safe, is not a safety document, Without prejudice to them always be carrier, and putting the appropriate fuel ; B) To return the finished vehicle or rental period, without conditions of use, with the respective equipment and documents; C) To pay, as soon as requested, the rental price and the consequent charges that are charged by the 7 LOMBAS RENT A CAR, for repairs of damages without vehicle, the fuel missing in its return, a Replenishment “fee” or As extraordinary cleanings; D) Pay as toll fees, physical or electronic, including additional administrative costs that may be imputed. 7 LOMBAS RENT A CAR is not responsible for any payment due to non-regularization within the legal term; E) Communication of any defect or malfunction of the vehicle; F) To avoid that by act or omission, third parties have a conviction that the vehicle and its property, notifying 7 LOMBAS RENT A CAR, in case of purchase, arrest, robbery, robbery, requisition, confiscation or any other deensa Ownership, possession or detention of the vehicle;
2.2 Without prejudice to civil liability, the LESSEE, under penalty of exclusion from the insurance coverage,
A) Conducted by unidentified person and oil by 7 Lombas RENTAL-TO-CAR, as stipulated in the Contract or any annexes or sub-part thereof; Under an influence of alcohol, narcotics or other similarly direct or indirect state of disturbance, reduce your perception and ability to react; Under the age of 19, 20 or 25 years and having a valid driving license for less than 1 year or 2 years, depending on the group or group to which the vehicle belongs; B) Used to push or pull any vehicle or trailer or any other object with or without wheels; Sports events or training of any nature, official or otherwise; Transport in violation of Law, in particular, on a matter, not available in the Single Vehicle Document of the vehicle;
2.3 The LESSEE is forbidden, with respect to the vehicle, its documents, tools, parts and components, to carry out the following acts: sublet, lend, assign, sell, charge or otherwise guarantee, transform, modify or place advertising or commercial terms ;
2.4 The LESSEE is liable exclusively for fines, fines and other penalties that the Courts and Administrative Authorities establish, following criminal and administrative proceedings for infractions to the Road Code, tolls, parking, among others committed with the vehicle, during the period Of rental.
2.5 The TENANT may only use the vehicle outside the Portuguese Continental Territory, in Countries covered by the International Green Card Certificate, after written authorization from 7 LOMBAS RENT A CAR, which may require the provision of an additional guarantee up to the limit of the commercial value Of the vehicle; The TENANT must request the authorization at least 48 hours in advance, assuming that the vehicle is not allowed to leave the vehicle in case of silence from 7 LOMBAS RENT A CAR.
2.6 The Contract shall be deemed to be automatically terminated if the vehicle is used under conditions which constitute a breach thereof, 7 LOMBAS RENT A CAR having the right to recover the vehicle at any time and in any Prior notice, the respective charges being exclusively the responsibility of the LESSEE, without prejudice to the indemnities legally or contractually incumbent upon 7 LOMBAS RENT A CAR or to third parties, as the case may be.
3. PRICES, DEADLINES AND PAYMENTS
3.1. The rental price is determined by the rate in force for the category of the respective vehicle and paid in advance.
3.2. If the LESSEE wishes to extend the rental, you must obtain the prior written agreement of 7 LOMBAS RENT A CAR, paying in advance the rent amounts due for the agreed extension.
3.3. If the extension of the rent is verified, the LESSEE shall keep with him copies of the Contract that demonstrate the agreement given by 7 LOMBAS RENT A CAR for the extension of the Contract.
3.4. If the extension of the lease is not verified, the Contract shall cease at the end of the term still in force, and in case the LESSEE does not immediately deliver the car, the provisions of Clause 1.5 of this Contract shall apply.
3.5. The LESSEE undertakes to pay / guarantee 7 LOMBAS RENT A CAR, in addition to the rental price:
A) The amounts referring to the deposit or franchise due for the rental, in terms of the tariff in force at the time of rental; B) The sums corresponding to the actual duration of the rental; C) The sums corresponding to damages arising from an accident to which it has given cause, or in case of theft not covered by insurance. If such damages are covered by the insurance, only up to the maximum amount of the respective deductibles. Not covered by insurance, any expenses of hospitalization and medical care of driver and passengers; D) The taxes and fees payable due to the situations provided for in the preceding paragraphs; E) The sum of € 70.00 (seventy euros) plus VAT, in case of loss of the documents of the vehicle; F) The amount defined by law, plus VAT, by the refueling service of the vehicle, when it is not returned properly duly filled with fuel; G) The sum of € 100.00 (one hundred euros) plus VAT, in case of extraordinary cleaning of the vehicle;
H) Judicial and extrajudicial expenses, fines and other pecuniary penalties, whatever their nature, arising from the violation of any legal norm attributable to the LESSEE or the vehicle during the rental period; I) If 7 LOMBAS RENT A CAR is notified, as a result of a misconduct or illegal conduct practiced by the TENANT, to identify the same, the latter undertakes to pay as administrative expenses, the sum of € 20.00 (twenty The information provided to the competent authorities; J) The expenses and costs incurred by 7 LOMBAS RENT A CAR to obtain compliance by the TENANT with the provisions of the Contract, namely the collection of amounts due by 7 LOMBAS RENT A CAR, under the terms legally established; (K) the cost of repairs and damage caused by, inter alia, collision, collision, rollover, theft and / or theft of the vehicle and its immobilization, for which:
I. In debts to be made will be used the tariffs in force at the time of the occurrence of the facts; Ii. The liability of the TENANT, having the vehicle been used in accordance with the conditions set forth in the Contract, may be limited if previously contracted a franchise reduction service;
3.6. The TENANT, in order to guarantee the fulfillment of the obligations arising from the Contract, namely in respect of fuel and franchise, shall provide a deposit for the amount referred to in the Contract, in cash up to a maximum of € 100.00, cashier’s check or debit card, expressly authorizing 7 LOMBAS RENT A CAR to complete and debit the sums due.
3.7. The deposit will be refunded to the LESSEE as soon as the vehicle is returned to 7 LOMBAS RENT A CAR and all amounts owed by the former are settled. However, in the case of unpaid amounts (including additional rental days, fuel costs and / or deductible), 7 LOMBAS RENT A CAR will apply the total or partial Prejudice to claim the amount still outstanding.
4. MAINTENANCE AND REPAIR OF THE VEHICLE, FUELS
4.1. If you are aware of any technical problem with the vehicle, the TENANT must immobilize you immediately and contact 7 LOMBAS RENT A CAR, or in case of out of hours assistance on the road.
4.2. In the event that the vehicle is immobilized due to damage, repairs may only be carried out by the LESSEE if authorized in writing by 7 LOMBAS RENT A CAR and in accordance with the instructions it transmits, and the repairs must include a detailed invoice with Indication of the replaced parts.
4.3. The costs of towing, inside or outside the Country, due to misuse of the vehicle, will be the responsibility of the LESSEE.
4.4. The vehicle is delivered and must be returned attested of fuel, failing which the cost of the missing fuel will be charged to it, plus a legally allowed refueling service fee.
4.5. The Hirer shall take all necessary protective measures to maintain the Vehicle in the same conditions in which it was delivered to him. In particular, it shall regularly inspect the condition of the Vehicle in respect of oil, water and Tire pressure. Expenses with oils must be documented in order to allow reimbursement by 7 LOMBAS RENT A CAR.
4.6. In case of introduction of fuel and / or substance of a different type from the one used by 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.
5.1. The TENANT and / or the authorized driver of the vehicle, participate as insured persons of a motor insurance policy that covers limited civil liability up to a maximum amount of € 50,000,000.00, in accordance with the laws in force in the Country.
5.2. The LESSEE shall protect the interests of 7 LOMBAS RENT A CAR and its Insurance Company:
A) By participating immediately to the police authorities any accident, theft, robbery and / or fire, even if partial; Also undertakes to participate in 7 LOMBAS RENT A CAR within a maximum of 24 hours in such situations; B) Not abandoning the place of accident, theft, robbery and / or fire before the arrival of the police authorities, failing which they will be imputed the damages resulting from them in totality, not having the coverage resulting from the service of reduction of franchise eventually contracted, Any effect in case of breach of this clause; C) Mentioning the actual circumstances of the accident, the date, time, place, name and address of the witnesses, the name and address of the owner and driver of the third vehicle involved and the registration, Insurance and policy number of such third party vehicle; D) Not to declare in any case, responsible or guilty of the accident with third party, under penalty of 7 LOMBAS RENT A CAR exercise right of return.
5.3. The LESSEE may contract the following services:
I. CDW: this coverage partially covers damages caused by accident, collision, rollover, robbery or fire, in which the LESSEE will be responsible for the damages up to the maximum of the deductible, variable according to the segment of the vehicle; Ii. Super CDW / ICDW / ECDW: These covers reduce liability on the deductible, variable according to the segment of the vehicle; Iii. PAI: this coverage assigns compensation to the driver and passengers of the vehicle (depending on the maximum capacity of the vehicle indicated in the DUA), in the event of permanent disability or death in the amount of € 15,000. It also includes medical expenses up to € 1,500.
5.4. In the event of an accident, even with the delivery of a DAAA (Car Accident Friendly Declaration), the Lessee is responsible for the payment of damages caused to the vehicle up to the maximum amount of the deductible amount in effect in the Contract period, unless liability is assumed by the 3rd.
5.5. Only the TENANT and / or authorized drivers will enjoy franchise reduction services; Failure to comply with this provision implies the total cancellation of the coverage contained in this article, and the provisions of this article are also void in case of an accident motivated by negligence, drunkenness, drug use or non-compliance by the LESSEE and / or driver of all general conditions Rental and Road Code regulations and other applicable legislation, and insurance coverage is also voided if the LESSEE does not return to 7 LOMBAS RENT A CAR the keys of the vehicle in the event of theft and / or theft.
5.6. In the event of an accident due to speeding, negligence, driving under the influence of alcohol, narcotic drugs or consumption of any product that impairs driving ability, the LESSEE shall be responsible for all repair costs and compensation corresponding to the stoppage time of the Vehicle, even if a franchise reduction service has been contracted.
5.7. The insurance and any franchise reduction services do not exempt the LESSEE from paying negligent damages in the upper, lower and inner parts of the vehicle, and tires, provided there is no collision.
5.8. If the LESSEE has deliberately provided 7 LOMBAS RENT A CAR with false information, specifically concerning its identity, address, e-mail address, telephone contact or validity of the driving license, 7 LOMBAS RENT A CAR reserves the right To pass on to the LESSEE all the accrued costs incurred resulting from such declarations, without prejudice to the criminal liability that the case may be.
6. PERSONAL DATA OF THE LESSEE
6.1. Under the terms of the personal data protection legislation, 7 LOMBAS RENT A CAR, in its capacity as controller, will process the personal data of the LESSEE for various purposes, namely, (a) customer management ; (B) compliance with legal obligations (Decree-Law no. 181/2012 of August 6, and 15/88 of January 16); (C) market studies.
6.2. For the purposes of the performance of the Contract, the LESSEE authorizes 7 LOMBAS RENT A CAR expressly and unequivocally to collect and process the following categories of personal data: name; Phone number and / or mobile phone number; sex; age; home address; Taxpayer number; Identity Card number and date of issue; Passport number and date of issue; Citizen Card and expiration date; Another identification document; Driving license number and date of issue; Email and IBAN.
6.3. The TENANT authorizes that, in case of breach of the Contract, 7 LOMBAS RENT A CAR transmits its personal data to the ARAC (Association of Industrial Car Rental without Driver), for inclusion in the database of non-compliant customers, Which is duly authorized by the National Data Protection Commission.
6.4. For the purposes of the conclusion of the contract, management of the contractual relationship, in particular, the procedures prior to the formation of the contract and the declaration of the negotiation will be carried out, as well as the pursuit of the legitimate interests of 7 LOMBAS RENT A CAR, the LESSEE expressly authorizes 7 LOMBAS RENT A CAR to carry out the physical and / or digital reproduction of the Citizen’s Card, as well as the driving license, and to keep the respective reproductions for the time strictly necessary for the purposes in question.
6.5. The personal data collected will be kept by 7 LOMBAS RENT A CAR for the period of time strictly necessary for the purpose for which they are intended according to the provisions of Decree-Law no. 181/2012 of 6 August.
6.6. 7 LOMBAS RENT A CAR may communicate the data collected to third parties for: (a) the purposes of providing services, namely marketing, considering that this transfer is, for all purposes, carried out on behalf of 7 LOMBAS RENT A CAR and only if it offers sufficient guarantees regarding the implemented safety measures; (B) to the police and / or judicial authorities, in the event of an application for violations of the Highway Code and for criminal investigation; And (c) to ARAC for inclusion in a database in case of non-compliance.
6.7. 7 LOMBAS RENT A CAR, as the person responsible for the processing of personal data, assures the LESSEE the exercise of the rights provided for in the legislation, namely the right of opposition, rectification and elimination, which should be done by email to firstname.lastname@example.org registered mail to Provider 7 LOMBAS RENT A CAR, address Largo dom João I, n29650-412 Povoação, São Miguel, Portugal.
7. FINAL PROVISIONS
7.1. The parties expressly agree for legal / judicial purposes, namely for citations and / or notifications related to the Contract, as their respective domiciles in the Contract.
7.2. For all disputes arising out of the Agreement, stipulates the jurisdiction of the Ponta Delgada District, expressly waiving any other, unless otherwise required by legal procedural provisions.
7.3. The LESSEE declares to know that the vehicle is equipped with a geolocation device (GPS) that can be used in case of breach of contract and / or transposition of the island.
The TENANT agrees to the Particular and General Conditions of this Agreement, which have been explained in a timely manner, having been aware of its rights and obligations, which it is obliged to observe and respect.
The LESSEE is informed and authorizes 7 LOMBAS RENT A CAR expressly and unequivocally to collect and process your personal data for the purposes of (a) customer management; (B) compliance with legal obligations; (C) market studies and (d) in case of non-compliance with the Contract, transmission to ARAC for inclusion in the Database. The TENERATOR expressly authorizes 7 LOMBAS RENT A CAR to carry out the physical and / or digital reproduction of the Citizen’s Card, as well as the driving license, as well as to keep the respective reproductions for the time strictly necessary for the purposes in question. The LESSEE may exercise its right of access under the terms indicated above in the Conditions 6.
The LESSEE is informed that in the event of a dispute he may use the National Center for Information and Arbitration of Consumer Disputes.
7 LOMBAS RENT A CAR is not bound by adhesion or legal imposition resulting from arbitration required, to any alternative dispute resolution entity for consumer disputes. Further information on entities available for the promotion of out-of-court settlement of national and cross-border disputes under Law 144/2015 of 08 September, when they are initiated by a consumer against a supplier of goods or service provider and Comply with contractual obligations resulting from sales or service contracts concluded between a supplier of established goods or services and consumers residing in Portugal and the EU, consult the Consumer Portal (www.consumidor.pt) or ACRA – Consumers Association of the Region of the Azores, Rua de São João, 9500-022, Phone: 927394721.
ALTERNATIVE RESOLUTION OF DISPUTES
Information to the consumer under the provisions of article 18 of Law no. 144/2015. In the event of a dispute, the consumer may use an Alternative Dispute Resolution Body:
CNIACC – National Center of Information and Arbitration of Consumer Conflicts-http: //www.arbitragemdeconsumo.org/
Faculty of Law of Universidade Nova de Lisboa – Campolide Campus 1099-032 Lisbon – Telephone: 213847484 – E-mail: email@example.com
More information in Portal do Consumidor www.consumidor.pt