Clause 1 – Scope of the Contrat
This Rental Agreement is entered into between C&A AZORES RENT A CAR Lda, forward appointed to as Lessor, and the Customer/Driver identified in the same conditions, and hereinafter referred to as Lessee, applying these general and particular clauses and on pages attached to this Rental Agreement, without prejudice to any derogation or amendment made in writing.
Clause 2. (Delivery and Return of the Vehicle)
2.1. The rented vehicle is delivered to the Lessee on the date of signature of this Rental Agreement.
2.2. The Lessee expressly declares that he received the vehicle object of this Rental Agreement duly cleaned and in good working conditions, equipped with all accessories, not showing any apparent defects, which is checked together by the Lessee and the Lessor at the time of celebration of this Rental Agreement.
2.3. The Lessee obligated to keep the vehicle in good condition and clean, committing to return it to the Lessor together with all documents and accessories relating to it in the conditions in which it was delivered, at the place and on the expected date at the end of the Rental Agreement;
2.4. The Lessee is obligated to pay €70, if he loses the documents that was delivered when signing this Rental Agreement.
2.5. The vehicle must be returned at the end of this Rental Agreement or on the date of its termination at the Lessor’s premises, or at a place indicated by the Lessor;
2.5. The return of the vehicle is only considered carried out after physical verification of the same by the Lessor, which must deliver to the Lessee a signed document declaring that the vehicle has been returned and accepted by the Lessor;
a) If the Hirer decides to terminate the contract earlier than it´s in the contract, the amount corresponding to the days that the vehicle was not used will be fully retained as compensation, unless for just cause (death or proven illness of a direct family member);
b) The Lessor, at no time and under any circumstances, will refund/return, in whole or in part, amounts charged and/or paid to the Lessee for equipment rented and contracted by the Lessee, such as chairs and/or baby seats. In the event of damage caused or infringed to the equipment rented and contracted by the Lessee to the Lessor, the Lessee must settle the entire value of each equipment.
2.6. The Lessee is obligated to return the vehicle to the Lessor’s at the same place where it was delivered, unless otherwise agreed, within office hours, the time available at the Lessor’s facilities.
2.7. If the Lessee opts for the Out of Hours service, he undertakes to accept the cost of the same service.
2.8. The delay in returning the vehicle (tolerance of 30 minutes) constitutes the Lessee’s obligation to pay the Lessor, as a penalty clause, for each day, whole or fraction, an amount calculated based on the daily rate, practiced by the Lessor for the vehicle object of this Rental Agreement, plus a No-Show Fee – No Show, of €50 per day; 2.9. If the vehicle presents defects contrary to its prudent and normal use, the Lessee shall indemnify the Lessor for the cost of its repair;
2.9. If the vehicle presents defects contrary to its prudent and normal use, the Lessee shall indemnify the Lessor for the cost of its repair;
2.10. The Hirer is responsible for all damages or losses caused to the vehicle, including the upper and lower parts of the bodywork, as well as all damages caused inside, up to the limit of the deductible corresponding to the Class of the Vehicle, the imputation of the costs related to the repair of the vehicle, to the Lessee, is based on a quote from the official brand.
2.11. During normal business hours (08:00h – 20:00h), the Delivery/Collection of the vehicle is free of charge at C&A AZORES RENT CAR facilities, except when the Lessee arranges for delivery at another location, with an additional cost of 15€ (downtown Ponta Delgada). Whenever Delivery/Collection takes place outside office hours, an after-hours fee of €30 is charged.
2.12. smoking is not allowed inside the vehicle, so if the car presents signs of non-compliance, an additional cleaning and sanitation fee of €50 may be required. The same will be charged if and when the inside or outside the car, is very dirty , and prove the bad misuse use.
Clause 3. (Use of vehicle)
3.1. The Lessee may not make any modifications or alterations to the vehicle, namely the removal of the Lessor’s advertising, nor install accessories or place advertising or commercial mentions on it, without prior written authorization from the Lessor, under penalty of being considered a possessor in bad faith, pursuant to article 1275. of the Civil Code, as well as being prevented, from now on, from the following situations, namely:
a) Driving in places that are not allowed or clear dangerous for car traffic, such as beaches, car circuits, forest paths, private roads, dirt roads or gravel roads.
b) Driving on unpaved or paved roads, but with serious deficiencies that could cause damage to the lower part of the vehicle object of this Rental Agreement.
3.2 The Renter undertakes, from now on, not to allow the vehicle to be driven by persons who are not identified in the conditions of this Rental Agreement or in the document(s) attached there to.
3.3. The Lessee is, from now on, prevented from subletting, lending or assigning, in whole or in part, in any form or business, the rights arising from this Rental Agreement.
3.4. The Hirer undertakes to close and lock the vehicle, when he leaves the car, not leaving documents related to the same or any other objects capable of causing and inciting theft, robbery, or damage to the vehicle. When circulating with the vehicle object of this Rental Agreement, the Hirer must always maintain his physical integrity, as well as that of other passengers, making sure, directly, and indirectly, that the vehicle remains in the proper safety conditions. The Lessor declines, from now on, any responsibility in the event that the Lessee leaves visible objects inside the vehicle, and they are liable to theft or theft, namely luggage(s) and/or merchandise(s);
3.5. The Hirer undertakes to hand over the original key and the documents of the vehicle object of this Rental Agreement in case of theft or theft. You are also obliged to present documentary proof of the complaint/report of theft or robbery made with the Police Authority of the area where it occurred, under penalty of T.P. (Theft Protection Insurance) has no effect.
3.6. The Lessee undertakes to use the appropriate fuel, and in the event of introducing fuel other than that used by the vehicle object of this Rental Agreement, he is responsible for the expenses inherent to the complete replacement of the fuel, disassembly and washing of the tank, engine tuning and other damage caused to the vehicle as well as the trailer.
3.7 Drivers aged between 20 and 23, and with at least 1 year of driving license, can rent the vehicle by paying a daily supplement of €10.
3.8. It is possible to add more drivers with an additional cost of €20.
Clause 4. (Extension of Lease)
4.1. This Rental Agreement ends on the day set out in the clauses thereof.
4.2. If the Lessee wishes to extend the rental period, he must go to the Lessor’s facilities at least 24 hours in advance and obtain a new Rental Agreement or equivalent document of equal value, thus extending the rental period.
4.3. Said extension will always be subject to approval by the Lessor.
4.4. As this Rental Agreement is subject to automatic renovation or extension(s), failure to pay any of the installments/rents/monthly fees will allow the Lessor to immediately terminate this Rental Agreement.
4.5. If the Lessor does not agree to extend this Rental Agreement, the Lessee undertakes to deliver the vehicle on the previously agreed date.
Clause 5. (Vehicle Maintenance and Repair)
5.1. If the Hirer realizes that there is a mechanical problem with the vehicle, he undertakes to immobilize it immediately and contact the Lessor.
5.2. In the event that the vehicle is immobilized due to mechanical failure, repairs can only be carried out with prior written agreement from the Lessor and in accordance with the instructions transmitted by the Lessor.
5.3. Any towing expense due to misuse of the vehicle object of this Rental Agreement will always be the Lessee’s responsibility.
5.4. In case of breakdown and impossibility of continuing the journey, the Lessee must contact the Lessor, as indicated in point 5.1. and, later, Travel Assistance. The Travel Assistance contact can be found along with the Vehicle documents.
Clause 6. (Insurance)
6.1. Personal Damage Total Protection / Total Protection Collision Damage Waiver (SCDW) – Covers all damage caused to the vehicle, with the Lessee subject to the payment of a Reduced Minimum Chargeable Deductible, set out in the conditions of this Rental Agreement, excluding damage caused by vehicle bass, clutch and gearbox.
6.2 Isolated Glass Breakage (WDW)/Broken Glass Coverage (WDW) – Covers the isolated breakage of glass with an insured capital of 1,000.00Eur. The Renter is responsible for paying for damages caused to the windows, including the windshield, if negligence or intentional fraud on the part of the Renter is proven. If the cost of repairing/replacing the glass(s) exceeds 1,000.00Eur, the Lessee is always responsible for paying the difference.
6.3 Coverage of Rims and Tires (TRW) / Tire and Rims Waiver – Exempts the Renter from liability for damage caused to the rims and tires of the rented vehicle.
6.4 In the event of an accident, the lessee must:
a) Call the Lessor immediately, providing it later, within 24 hours, with a detailed report of the accident in writing, delivering it to the DAAA, and then provide the accident/occurrence report drawn up by the Police Authorities.
b) Do not leave the vehicle without taking appropriate measures to protect and safeguard it.
c) Not to assume any responsibility or plead guilty in the event of an accident, which may imply the direct responsibility of the Lessor or indirectly of the Lessee.
d) The vehicle object of this Rental Agreement is only covered by the contracted insurance during the period agreed in this Rental Agreement, except if there is automatic renewal or extension thereof under the terms of these general conditions, with the Lessor declining, from now on, all responsibility.
For accidents caused or that may be caused by the Lessee beyond the time agreed in this Rental Agreement, being the latter the sole and exclusive responsible for them.
Clause 7. (Payments)
7.1. The Lessee expressly undertakes to pay the amounts due, and arising from the conclusion of the Rental Agreement to the Lessor as soon as they are requested, namely the following:
a) The price due for the rental of the vehicle object of this Rental Agreement, depending on the rental period,
b) Any and all charges related to the reduction of the Deductible (SCDW), Collision Damage Waiver Insurance (CDW), Isolated Glass Breakage Insurance (WDW), Wheel and Tire Coverage Insurance (TRW) and any other coverage and supplements, as well as amounts applicable in accordance with the particular conditions of this Rental Agreement; c) All taxes and fees levied on the rental of the vehicle or the amount set by the Lessor to refund these taxes;
d) All the costs supported by the Lessor arising from the collection of payments due by the Lessee, as a result of this Rental Agreement, including attorney fees, Enforcement Agents,Lawyers etc.;
7.2. All invoices or accounting documents not paid on the due date will be subject to default interest at the maximum rate legally permitted, as well as subject to an increase of 20% as a penalty clause and compensation for damages suffered.
7.3. In the event of an accident and if it is the Lessee’s responsibility/fault, the Lessee will pay €50 (fifty euros) as administrative expenses with the respective claim process.
7.4. If, for reasons outside the Lessor, the vehicle object of this Rental Agreement is immobilized/paralyzed, it will ask the Lessee or any Entity/Institution linked, directly or indirectly, to the same for compensation, even if this Rental Agreement has or not been terminated.
7.5. Said deposit can be provided by blocking the credit card or in any other modality that the Lessor considers valid and feasible. Credit card details are provided cordially and kindly by the Lessee or Guarantor to the Lessor, which are now detailed below:
Name Holder: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _; Card Number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _; Expiration date: _ _ __ _ _ _ _; Security Code: _ _ _;
7.7. As a preventive measure, the Lessor provides, from now on, that the deposit provided will be withheld for a maximum period of 30 days after the date of return of the vehicle object of this Rental Agreement.
7.8. The Lessor will not refund the deposit provided by the Lessee until the moment of the possibility of checking the returned vehicle (physical check-in of the vehicle) that served as the object of this Rental Agreement whenever one or more of the following situations occur, namely:
a) Vehicle in poor condition for evaluation purposes, namely in terms of interior, lower, upper and exterior dirtiness.
b) Vehicle damaged and/or in an accident that prevents impartiality, rigor and accuracy in the assessment of possible damages.
c) When the Hirer exerts pressure on the employee so that he/she carries out a superficial, quick, and less careful assessment, calling into question the professionalism and rigor in the respective verification of the vehicle object of the Rental Contract.
7.9. The Lessee expressly authorizes the Lessor to complete and debit the amounts due on said credit card.
7.10. The Lessor, despite the provisions of the previous number, may also require the Lessee to present one or more Guarantor/Guarantors for this Rental Agreement to be effective. If the Lessee does not meet this requirement, the Lessor declines the rental.
7.11. The Guarantor(s) subscriber(s) of this Rental Agreement, identified in the particular and general conditions of the Rental Agreement or in a document attached thereto, forming an integral part thereof, assumes the obligation to main payer(s), guarantee(s) and are jointly and severally liable for all obligations arising from this Rental Agreement.
7.12. The Guarantor(s) waives, from now on, the benefit of the Foreclosure provided for in article 639. Civil Code
Clause 8. (Fuel Policy)
8.1. In the Fuel Policy: The Client undertakes to return the vehicle with the same fuel that was delivered, if Full/Full (Full to Full), the Lessee is responsible for returning the vehicle with the Full Tank, that is, with the same fuel level you had when you delivered the vehicle object of this Rental Agreement. ¾ Delivery ¾ Etc. When the vehicle is returned with a lower level of fuel than it had at the time of delivery, the Lessee will be charged the amount of the missing fuel, plus the payment of a charge for refueling, in the amount of €15.00 (fifteen euros);
Clause 9. (Personal Identification)
9.1. The Lesse provides at the beginning of this Rental Agreement his/her personal data, those of the Guarantor(s) and the Driver(s) of the vehicle, for the purposes of the respective identification within the scope of the same, expressly authorizing the Lessor to proceed with their computer processing. The Lessor, in order to make reliable, credible and certify the veracity of such data, which are freely and spontaneously provided by the Lessee, that is, with his own consent, always requests the originals of the personal documents, and it is his sole responsibility their legality, which may eventually be reproduced, in paper or digital format. If the Lessee refuses to provide the originals of the personal documents, the Lessor is not obliged to provide any type of service, namely the execution of a Rental Agreement, not being obliged to refund, reversal or indemnify any pecuniary value;
9.2. Pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (RGPD), the Lessor informs the following:
a) The entity responsible for processing the personal data provided under this Rental Agreement is C&A AZORES RENT CAR, with fiscal address in Canada da Leiteira Nº9 Rosario – 9560-146 Lagoa
b) The processing of personal data has the purpose of concluding and executing this Rental Agreement, pursuant to paragraph b) of no. 1 of article 6. of the GDPR.
c) Personal data may be transmitted to third parties in order to ensure compliance with any legal obligations to which the Lessor is subject, under the terms of paragraph c) of no. 1 of article 6 of the RGPD, namely to judicial authorities, criminal police bodies, tax and customs authorities and regulatory bodies.
d) Personal data may be processed for other purposes, for which the holder has given express consent to the Lessor
9.3. At any time, the holder of personal data has the right to access them, as well as, within the limits of this Rental Agreement and the RGPD, to change them, oppose their treatment, decide on their automated treatment, withdraw consent, request the deletion of data and exercise the other rights provided for in the legislation in force (except for the data that are essential for the execution of this Rental Agreement, and as such are mandatory to provide, as well as for compliance with legal obligations to which the Lessor is subject). The Renter can exercise the right of access, rectification or deletion of his data when he requests it through a written document sent by email to the email address geral@caazoresrentacar.com or by registered letter to the address Canada da Leiteira Nº 9 Rosário – 9560-146 Lagoa;
9.4. If you withdraw your consent, this does not compromise the lawfulness of the treatment carried out up to that date.
9.5. The data subject has the right to be notified, under the terms provided for in the RGPD, in the event of a breach of their personal data that may pose a high risk to their rights and freedoms and may file complaints with the authority(ies).
9.6. Personal data may be transmitted to third parties that provide services to the Lessor, whenever such services imply the communication of data contained in the Rental Agreements.
Clause 10. (Infractions)
10.1. The Lessee undertakes to refund to the Lessor the amounts of any fines and/or administrative offenses that the Lessee has paid because of unlawful conduct practiced by the Lessor, plus €50 (fifty euros) related to administrative costs.
Clause 11. (Disputes)
11.1. The losing party will bear the expenses derived from such disputes, including the fees of the legal representatives that the other party has expended.
11.2. The parties agree on the addresses indicated in this Rental Agreement for any contact, namely, for the purposes of citations or judicial or extrajudicial notifications, being obliged to communicate any change to the other party.
11.3. This Rental Agreement is made in accordance with the laws of the Country in which it is signed, and is governed by them, giving the parties to the handwritten signature affixed digitally or by any biometric, digital, or electronic means, probative force identical to that of a written document.
11.4. All changes to the terms and conditions of this Rental Agreement that have not been agreed to in writing are null and void.
11.5. Unless otherwise provided by law, the parties agree to establish the jurisdiction of the District of Ponta Delgada to resolve any conflicts arising from this Rental Agreement, expressly excluding any other.
11.6. Information to the consumer pursuant to the provisions of article 18. of Law no. 144/2015. In the event of a dispute, the Consumer may resort to an Alternative Consumer Dispute Resolution Entity: Lisbon Consumer Conflict Arbitration Center, Institutional Website: www.centroarbitragemlisboa.pt/, Address: Rua dos Douradores, 116 – 2º., 1100-207 Lisbon, Telephone: 218807030, Fax: 218807038, E-mail: director@centroarbitragemlisboa.pt and jurid ico@centroarbitragemlisboa.pt;
Clause 12. (Information and Clarifications)
12.1. The Lessor informs that the current General Rental Conditions are available on its official website www.caazoresrentacar.com.
12.2. The Renter acknowledges that he has read all the Clauses contained in this Rental Agreement present on the Website www.caazoresrentacar.com, and that he has become aware of them, for which he signs it;
12.3. The Lessor has a physical and online Complaints Book, under the legal terms.