RV - TERMS AND CONDITIONS
General Conditions
CLAUSE ONE - SCOPE OF APPLICATION
1.1 – Tomorrow's Adventure, Lda, with NIPC 513 528 105, headquartered at Estação de Comboios de Cascais, Loja 10 2750-340 Cascais (hereinafter referred to as “LESSOR”), rents to the customer (hereinafter referred to as “LESSEE”), identified in the Particular Conditions of the Rental Agreement (hereinafter referred to as “Contract”) the VEHICLE described it (hereinafter referred to as “VEHICLE”) is governed by these General Conditions and by the Particular Conditions that precede and form an integral part of the rental agreement.
1.2 – Any amendment or derogation made to these general conditions must be reduced to writing and signed by both parties.
1.3 – The car rental agreement without a driver entered into between the LESSOR and the LESSEE covers only circulation within the national territory, without prejudice to travel abroad with the express authorization of the LESSOR and in accordance with the table in force.
SECOND CLAUSE - RESERVES AND CANCELS
2.1 – The LESSEE, in order to guarantee the reservation of the VEHICLE identified in the Particular Conditions and object of the reservation, will have to pay a minimum amount corresponding to 50% of the total rental value, which is subject to the cancellation fees described in point 2.5, however, you can opt for a higher payment.
2.2 – If the booking date is less than 15 days before the rental start date, the LESSEE must pay the entire rental amount at the time of booking.
2.3 – All communications related to the reservation must be in writing, via email and within office hours, if they occur during the rental period.
2.4 – The confirmation of the reservation will be made by the LESSOR after the verification of the good collection of the amount indicated in point 2.1.
2.5 - In case of cancellation the refund is as follow:
2.5.1 - 30 days or more from the date of departure: Refund of 70% of the payment amount made;
2.5.2 - Less than 30 days from the date of departure: No refund will be possible, the total amount of payment is retained;
2.5.3 - In case of cancellation 24h after reservation confirmation: may request full reservation refund, except in which case the beginning of the rental happens 24 hours after confirmation of it (in this case there will be no refund);
2.5.4 - In case of reasons of force majeure, it is possible to cancel up to 48 h before departure, provided there is an eligible reason, namely:
a) - There was a natural disaster at the place of departure of the vehicle or impediment of circulation in its itinerary;
b) - The plane or train to reach the rental site of the rent was canceled;
c) - Current government restrictions prevent the circulation of persons or impose a quarantine at the outset or return;
d) - A military operation or armed conflict was declared at the place of starting the rental or in its itinerary.
The approval of your cancellation will be subject to the verification of the reason for our team.
THIRD CLAUSE - VEHICLE PICKUP AND RETURN
3.1 - The LESSEE declares that it has received the VEHICLE in good conditions of use and cleanliness, pursuant to the joint verification carried out at the time of entering into this contract, with the respective equipment, accessories and documents, namely equipped with tires in good conditions of circulation, pledging to return it in the same conditions in which you received it at the place and date specified in the Contract.
3.2 – In case of deterioration of the tires for reasons beyond prudent and normal use, the LESSEE undertakes to replace it immediately and at it`s own expense, with a tire with the same characteristics and brand. In case of unavailability of an identical brand, it`s replacement must be authorized by the LESSOR. If this tire is already discontinued, the LESSEE will have to replace two tires, similar to the existing ones.
3.3 – Any damage to the VEHICLE at the time of delivery is duly identified in the “DAMAGE REPORT” field of the Particular Conditions that precede this contract.
3.4 - The LESSEE undertakes to keep the VEHICLE in good condition and clean, and must return it to the LESSOR in the conditions in which it was delivered and on the date scheduled for the end of the lease, with all documents, equipment and accessories concerning the same.
3.5 – Upon return, the LESSEE must present the VEHICLE as received (according to point 3.1), namely, clean inside (absence of garbage, sand, mud and other residues; waste water and toilet deposit`s properly empty and clean) and on the outside.
3.6 – If the LESSEE does not comply with the provisions of the previous point, the LESSOR will charge a cleaning fee of up to € 75.00 (seventy-five euros), depending on the state in which the VEHICLE is delivered.
3.7 – The VEHICLE must be returned with the fuel tank topped up.
3.8 – If the VEHICLE is returned with the fuel level lower than that presented at the time of delivery, the LESSEE will be charged the amount corresponding to the missing fuel, plus a fee of € 25.00 (twenty five euros), as payment for the replacement service.
3.9 – The LESSOR is not responsible to the LESSEE or any third party for the loss, theft, theft or material damage of goods left in the VEHICLE, during and after the rental period.
3.10 - The LESSEE will return the VEHICLE at the end of the Contract or on the date of it`s termination, unless otherwise agreed, where it was delivered.
3.11 – If the LESSEE intends to extend the VEHICLE rental period, beyond the date set for the end of the lease, he must contact the LESSOR at least 24 hours before the end of that period.
3.12 – The extension of the VEHICLE rental period is subject to the approval of the LESSOR and, in the case of approval, a new rental agreement will be signed, authorizing the LESSOR to charge the amount agreed between the parties, for the period of that extension.
3.13 – If the LESSOR does not accept the extension of the rental period, the LESSEE undertakes to deliver the VEHICLE on the initially agreed date.
3.14 - If the VEHICLE is not returned on the agreed date, the LESSEE undertakes to pay the LESSOR as a penalty clause, for each day, whole or fraction, an amount calculated based on triple the daily rate for the rented VEHICLE, subject to The LESSOR is also required to initiate the civil and/or criminal judicial procedures necessary for the recovery of the VEHICLE and compensation for the losses suffered, namely the use of an appropriate precautionary procedure for the return of the VEHICLE.
3.15 – If the LESSEE intends to return the VEHICLE in a different location from the one mentioned in the previous point, it will have to obtain written authorization from the LESSOR.
3.16 – If the change is approved, an additional fee will be charged, which may go up to €200.00 (two hundred euros) depending on the agreed location, and payment will have to be made immediately by credit card, for which you authorize the debit.
3.17 – The fee will apply in all cases regardless of the reasons for changing the place of delivery, it will vary according to the distance, but never outside Portugal.
3.18 – The return of the VEHICLE is only considered carried out after the physical verification of the same by the LESSOR, which must deliver to the LESSEE a signed document in which it declares that the VEHICLE has been returned and accepted by the LESSOR.
3.19 – In the event that the LESSEE makes the delivery outside the agreed time, date and place, it is obliged to accept the report on the status of the VEHICLE that is prepared during the physical verification of the same, carried out by the LESSOR.
3.20 – The LESSEE is responsible for all losses or damages, including theft or theft of the VEHICLE, if it is not returned to an employee of the LESSOR.
3.21 - If there is a reason that makes it impossible to deliver the VEHICLE to the LESSEE on the agreed date, for reasons beyond the control of the LESSOR, namely, late delivery by the previous LESSEE, accident, theft, breakdown or any other circumstance that makes it impossible to make the contracted VEHICLE available , the LESSOR undertakes to return the amount previously paid, within 15 days, with no payment of any amount as compensation for losses and damages that the situation may cause to the LESSEE.
3.22 – The LESSEE expressly authorizes the credit card used for the initial payment to be debited for the amounts necessary to compensate for damages suffered in the VEHICLE, as well as the fuel used and not replaced, as well as all other fees and penalties provided for in this contract.
FOURTH CLAUSE - USE OF THE VEHICLE
4.1 – Only the LESSEE and the additional drivers identified by him in the Particular Conditions that precede this contract may drive the VEHICLE, and for this purpose, when collecting the VEHICLE, original documents of personal identification and driving license must be presented.
4.2 – The LESSEE and additional drivers must be at least 25 years old at the time of signing the rental agreement and have a valid driving license for class B (light VEHICLEs) for at least 3 years, from in accordance with the legislation in force.
4.3 – The provisions of the previous point, regarding valid driving licenses, also apply to driving licenses issued by European Union (EU) countries.
4.4 – If the LESSEE and the additional drivers are not resident in EU countries, in addition to meeting the minimum age requirement set out in point 4.1, they must have an international driving license.
4.5 – If the requirements described in the previous points are not met, the LESSOR reserves the right not to deliver the VEHICLE and to apply the cancellation fees described in point 2.5 of this contract.
4.6 - The LESSEE may not make any modifications or alterations to the VEHICLE, nor install accessories, place advertising or commercial mentions without prior written authorization from the LESSOR, under penalty of automatic termination of the contract, without the need to resort to legal proceedings, without prejudice of the rental company's right to collect the VEHICLE as soon as it becomes aware of the situation, without the need for prior notice, and the costs and charges resulting from the replacement of the VEHICLE in the condition in which it was delivered and from the collection of the same, the sole and entire LESSEE's responsibility.
4.7 – The LESSEE will not use, nor allow, the use of the VEHICLE in the following situations:
4.7.1 – Public transport of passengers or cargo, in exchange for any compensation or remuneration;
4.7.2 – Use of the VEHICLE in sporting events or training, whether official or not;
4.7.3 – Transport of goods, in violation of the legislation in force;
4.7.4 – Towing or assistance of any VEHICLE;
4.7.5 – Transport of passengers or goods in violation of the characteristics of the VEHICLE contained in it`s Single Document;
4.7.6 – Any reckless, dangerous and/or contrary to current legislation;
4.7.7 – Off-road driving on dirt roads, sand, marshy areas or submersion in water.
4.8 – The LESSEE will not drive, nor allow the additional drivers of the VEHICLE to drive it, in case they are under the influence of alcoholic beverages, narcotics or any other substance that reduces the perception or reaction capacity.
4.9 – The LESSEE may not sublease, lend or assign, in whole or in part, in any form or business, the rights arising from the car rental agreement without identification of the driver, without the prior express authorization of the LESSOR.
4.10 – The LESSEE undertakes to properly close and lock the VEHICLE and not to leave documents relating thereto or any other objects liable to cause theft, robbery or damage to the VEHICLE inside.
4.11 - The loss or destruction, in whole or in part, of the VEHICLE documentation or keys, constitutes the LESSEE the obligation to indemnify the LESSOR for the inherent damages, namely for the expenses arising from the issuance of duplicates, including administrative expenses by the LESSOR.
4.12 – Animals are not allowed in the VEHICLE, without the prior authorization of the LESSOR, except for properly identified guide dogs.
4.13 – If there is any loss and/or damage related to objects stored or transported by the LESSEE and other occupants of the VEHICLE, either during or after the end of the rental period, they are the LESSEE's sole responsibility.
4.14 – The VEHICLE is equipped with an electronic toll device called VIA VERDE with ID Number 06 0100811754 6, which allows the value of the toll fees to be determined, the LESSEE being obliged to ensure it`s correct operation and maintenance and accepting that the LESSOR proceeds with the debit corresponding to the value of the same in case of disappearance or damage.
4.15 – The use of the VIA VERDE service implies the payment by the LESSEE of an administrative fee of €25.00 (twenty five euros), per rental, together with the amounts charged for it`s use.
4.16 – If VIA VERDE is not used and all tolls are paid by the customer, the fee provided for in the previous point will not be charged.
4.17 – The amounts to be charged under the terms of the previous point may occur up to 15 days after the end of the rental period, provided that the use of the road infrastructure has taken place during it`s term.
4.18 – The LESSEE is responsible for the conservation of the identifier, and must keep it in perfect condition, and may not, under any circumstances, remove the equipment from the place where it is installed, and must notify the LESSOR of any anomaly or go to a point of VIA VERDE assistance to resolve it.
4.19 - The VEHICLE may be equipped with a geolocation device, commonly known as GPS, used in case of breach of contract and/or border crossing, and to control the VEHICLE's consumption, the LESSEE being obliged to ensure it`s correct operation and conservation and accepting that the LESSOR proceeds with the debit corresponding to it`s value in the event of disappearance or damage.
4.20 - Without prejudice to the sanctions specifically mentioned, the use of the VEHICLE in violation of the provisions of the Agreement, in particular the provisions of the previous numbers, gives the LESSOR the right to terminate the Agreement and withdraw the VEHICLE from the LESSEE, without prior notice, as well as how to initiate the judicial or criminal proceedings that may take place and demand the compensation to which, under legal or contractual terms, you are entitled, with optional insurance and any additional services contracted still having no effect.
4.21 – If the LESSEE has deliberately provided false information, namely regarding their identity, address or driving license, the LESSOR reserves the right to charge the LESSEE with all costs and damages incurred with such statements.
FIFTH CLAUSE - MAINTENANCE AND FUEL
5.1 – The LESSEE undertakes to:
5.1.1 – Respect the warning panels indicating the VEHICLE;
5.1.2 – Check the engine oil and cooling system water levels, for every 500 km. traveled and to restore their leveling (above the minimum), if necessary;
5.1.3 – Check the air pressure in the tires and the respective steering alignment, when checking their misalignment;
5.1.4 – Notify the LESSOR of any need for unspecified mechanical or electrical intervention.
5.1.5 – If any of the situations mentioned in the previous point occurs, the LESSEE must immediately immobilize the VEHICLE and contact the LESSOR who will indicate the appropriate procedure to follow. In case of out of hours (after 19:00 hours), you should contact Travel Assistance: Caravela Companhia de Seguros, SA; Phone: (+351) 211 571 982.
5.2 – The LESSEE may only carry out repairs with the prior written consent of the LESSOR and in accordance with it`s instructions, the latter assuming the expenses arising from the repair.
5.3 – The LESSOR hereby authorizes the LESSEE to carry out minor repairs (namely changing light bulbs, fuses and oil replacement) up to a maximum amount of €50.00 (fifty euros), which are reimbursed upon presentation of a detailed invoice, on behalf of the LESSOR, with the taxpayer number 513 528 105 and with an indication of the replaced parts.
5.4 - The LESSEE must take special care when refueling, ensuring it`s suitability for the VEHICLE, and in case of introducing fuel other than that used in the VEHICLE, the LESSEE is responsible for the expenses inherent to the full replacement of fuel, disassembly and washing of the tank, engine tuning and other technical interventions necessary to restore the VEHICLE to normal conditions of use.
SIXTH CLAUSE - ACCIDENTS OR MALFUNCTIONS AND VEHICLE REPAIR
6.1 – The LESSEE, in the event of an accident, must immediately contact the LESSOR to inform it of the location and circumstances of the accident, and simultaneously call the authorities so that they can make the respective record of occurrence, and the LESSEE must remain at the scene of the accident.
6.2 – If the conditions for filling in an amicable accident declaration are met, the LESSEE is responsible for filling it in with all the necessary elements, proceeding to the subsequent delivery of the same to the LESSOR so that it can send it back to the Insurance Company that represents it.
6.3 - If it is possible to resolve the damage on the spot, the LESSEE, with prior authorization, given in writing by the LESSOR, may repair the VEHICLE in accordance with the instructions transmitted by the LESSOR.
6.4 – If the VEHICLE is immobilized and unable to drive, as a result of any of the situations mentioned in the previous points, the LESSOR will send a trailer that will transport the VEHICLE and the LESSEE to it`s facilities or to another location indicated by it, where we will give to the LESSEE another VEHICLE.
6.5 – The replacement of the VEHICLE, as described in the previous points, will only be ensured upon availability of VEHICLEs for replacement.
6.6 – In case of unavailability of VEHICLEs, the LESSOR will return the rental values corresponding to the period not used by the LESSEE.
6.7 – Any expense that the LESSOR has to bear with the towing of the VEHICLE, inside or outside the country, due to the misuse of the VEHICLE by the LESSEE will always be the sole and exclusive responsibility of the LESSEE.
SEVENTH CLAUSE - INSURANCE AND OTHER COMPLEMENTARY SERVICES - DAMAGES
7.1 – The VEHICLE has mandatory civil liability insurance, under the terms of the applicable legislation and in force, as well a Fully Comprehensive Insurance with a minimum deductible of € 1.500.00 (one thousand five hundred euros), corresponding to the value of the deposit.
7.2 - The LESSEE undertakes, in the event of an accident, theft, robbery or loss, in whole or in part, of the VEHICLE, the LESSEE undertakes to follow the following procedures:
7.2.1 - Inform the LESSOR and the authorities of all any accident, theft, robbery or any other claims, within a maximum period of 24 hours after the same;
7.2.2 – The actual circumstances in which the accident occurred, 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, mark , insurance company and policy number of such third party VEHICLE;
7.2.3 - Do not leave the scene of the accident, theft, robbery and/or fire before the arrival of the police authorities, under penalty of being charged the damages resulting from those in full, not having the coverage resulting from the deductible reduction service eventually contracted, any effect in case of breach of this clause.
7.2.4 – Do not abandon the VEHICLE without taking the appropriate measures to protect and safeguard it;
7.2.5 – Not to assume any responsibility or to plead guilty in the case of accidents, which may imply liability of the LESSOR;
7.2.6 – Immediately call the LESSOR providing a detailed accident report including an accident report raised by the authorities.
7.3 – In the event of an accident, theft or robbery, the LESSEE is always responsible for a mandatory and insurmountable excess, referring to damages caused to the VEHICLE, up to the amount fixed on the 7.1 clause.
7.4 – The LESSEE shall be solely responsible for any and all expenses aimed at repairing damages caused to the VEHICLE (inside and outside), provided that these do not result from a road accident.
7.5 – The LESSEE shall be solely responsible for all expenses related to lost, stolen or left keys inside the VEHICLE; and incorrect fuel placement.
7.6 – The LESSEE shall be solely responsible for all damages caused to the VEHICLE resulting from circulation on unpaved roads, restricted areas, submerged areas and entry into areas with a height of less than 3.20 m.
7.7 - In case of theft or theft of the VEHICLE, the LESSEE must immediately report the occurrence to the competent authorities, communicating and sending a copy of the participation to the LESSOR, together with the VEHICLE keys, within a maximum period of 24 hours, under penalty of the coverage contracts expire, and all costs are borne by the LESSEE.
7.8 – All damages resulting from the misuse of the VEHICLE will be the exclusive responsibility of the LESSEE.
7.9 – In the event of an accident that is due to speeding, negligence, driving under the influence of alcoholic beverages, narcotic products or consumption of any other that reduces driving capacity, the LESSEE will be responsible for all expenses with repair and compensation corresponding to the downtime of the injured VEHICLE.
7.10 The VEHICLE will only be covered by insurance during the period agreed and included in the Particular Conditions that precede it, without prejudice to the extension of the contract that takes place, under the terms of these general conditions.
7.11 The responsibility for accidents caused by the LESSEE beyond the agreed time, are the sole and exclusive responsibility of the LESSEE.
7.12 - The following situations are not covered by the insurance, being the LESSEE's sole responsibility, giving the LESSOR the right to compensation
a) above the windshield), not caused by collision with third parties;
b) Damage caused by animals, inside and/or outside the VEHICLE;
c) Theft and loss of mobile equipment and subscribed extras, from inside or outside the VEHICLE, namely crockery, cutlery, bed linen, towels, mattresses, GPS, bicycle holder, surfboards, television, surfing suit`s, luggage, bicycles, toilet chemistry, cleaning kit, gas bottles, tire replacement equipment, first aid kit, extension cords, fire extinguishers, etc.;
d) Damage caused by driving on unpaved roads, with ice or snow without chains or mixed tyres;
e) Damage caused by improper or reckless use of the VEHICLE;
f) Damage caused in an accident due to speeding, driving under the influence of alcohol, narcotic products or that reduces driving ability;
g) Damage caused by driving the VEHICLE by a driver who is not licensed with a valid driving license for more than three years.
7.13 - The LESSEE acknowledges that the LESSOR is not responsible for any loss, theft, theft or damage of any nature, related to objects and/or utensils that are inside the VEHICLE, namely, luggage and personal objects, unless evidence in contrary.
7.14 – In the event of an accident, even with the delivery of a DAAA (Amiable Declaration of Car Accident), the LESSEE is responsible for paying for damages caused to the VEHICLE up to the maximum amount of the deductible or security deposit in force during the Contract period.
7.15 – Only the LESSEE and/or authorized drivers are covered by the insurance coverage, and coverage of the expenses of any hospitalization and medical care expenses for driver and passengers is excluded.
CLAUSE EIGHT - PRICE, DEADLINES AND PAYMENTS
8.1 - The LESSEE expressly undertakes to pay the amounts due, contained in these General Conditions and the preceding Particular Conditions, to the LESSOR as soon as they are requested, namely:
8.1.1 - The price due for the rental of the VEHICLE, corresponding to the rental period, calculated according to the rate in force and specified in the Contract, plus the respective taxes;
8.1.2 – The expenses corresponding to the costs of returning the VEHICLE, in accordance with the tariffs in force and referred to in point 3.16 of this contract, if it is left in a different location from the agreed one and without the prior consent of the LESSOR;
8.1.3 - The value of complementary services contracted under the terms of the following Clause, in accordance with what is described in the Contract or in an attached document, as well as the minimum deductible, when applicable, plus the respective taxes;
8.1.4 – The cost of cleaning and washing, in case the LESSEE does not return the VEHICLE under the conditions set out in point 3.6 of this contract;
8.1.5 – The value corresponding to the fuel in case the LESSEE does not return the VEHICLE under the conditions set out in point 3.8 of this contract;
8.1.6 – The amount corresponding to toll fees, fines, fines and other pecuniary sanctions, whatever their nature, as well as all expenses, judicial or extrajudicial, namely administrative expenses of case management, in the maximum amount of € 50.00 (fifty euros) for each process, in which the LESSOR incurs as a direct or indirect consequence of violation of any legal or regulatory rule attributable to the LESSEE or the VEHICLE while in their possession, even if the knowledge of these expenses or costs only arises after returning the VEHICLE;
8.1.7 - Interest on late payment at the legal rate in the event of non-payment of any invoice on the due date, as well as costs, including legal costs, attorney or solicitor fees, which the LESSOR has incurred to collect the payment of amounts owed by the LESSEE under the terms of the Agreement;
8.1.8 – Any and all invoices issued by the LESSOR and not paid on the due date will be increased by default interest at the maximum legally permitted rate, as well as subject to an increase of 20% as a penalty clause and compensation for damages suffered;
8.1.9 – Compensation for damage caused by shock, collision, overturning, theft and/or theft of the VEHICLE, corresponding to the cost of repair, limited to the value of the maximum deductible in force corresponding to the VEHICLE category, as well as the cost of the respective management of the claims process;
8.1.10 - In the event of damage, theft or robbery, either to the VEHICLE or to the equipment that is an integral part of it, unpaid tolls or any fee owed by the LESSEE within the scope of this Agreement, the LESSEE expressly authorizes that the LESSOR proceeds to debit the amounts necessary to cover such occurrences through the credit card it holds;
8.1.11 - The LESSEE, from now on, gives it`s consent and express authorization to the LESSOR for it to fill in and debit, on said credit card, the amounts due up to 15 days after the last day of the contract, as Additional Expenses , commonly known as “late Charge”, provided that they are provided for in this contract;
8.1.12 – The LESSEE must be aware that all transactions are made in EUROS and are subject to variations in exchange rates and bank fees;
8.1.13 – In addition to the payment to guarantee the reservation, the LESSOR preferably accepts credit card, being able to accept other forms of payment such as cash or bank transfer and is allowed to reject any other payment method.
CLAUSE NINE - SECURITY
9.1 – Payment of the deposit must preferably be made by reserving the value on a credit card (Visa or MasterCard) valid for at least 90 days after the date of return of the VEHICLE.
9.2 - At the time of picking up the VEHICLE, the LESSEE will be required to make a deposit equivalent to the amount of the insurance deductible, (amount that will be captive on the LESSEE's credit card, as a guarantee, and as a guarantee of payment of the insurance deductible in case of theft or accident, and any other damage or loss to the VEHICLE during the rental period).
9.3 – If the deposit amount is not authorized by the bank or the entity that owns the credit card, the contract cannot be executed and the VEHICLE will not be delivered to the LESSEE, in which case there will be no right to refund the amounts paid in the reservation by the same.
9.4 – The deposit will be returned to the LESSEE at the end of the rental period, after verification of the VEHICLE by the LESSOR, if it is in the same condition in which it was delivered at the beginning of the rental.
9.5 – If damage is detected in the VEHICLE, the amount that the LESSEE must pay will be determined by the LESSOR, this amount being deducted from the deposit deposited.
9.6 – If the situation referred to in the previous point occurs, the LESSEE will be responsible for all the expenses of the repair and compensation corresponding to the time of stoppage of the VEHICLE, up to the value of the deposit.
9.7 – If the LESSOR verifies the existence of damages resulting from abusive use of the VEHICLE and that these are of a value greater than the value of the deposit deposited, the LESSEE will be responsible for the payment corresponding to the difference between their value and the deposit provided.
9.8 – If it is not possible to immediately determine the value of the damages caused, the LESSEE has 5 days from the date on which it is communicated by the LESSOR to pay the amount of damages determined or request the return of the difference between the deposit provided and the value of the damages, if they are less than the value of the deposit.
9.9 – The LESSEE expressly undertakes to pay the LESSOR:
9.9.1 – The additional charges that arise if the VEHICLE is left in some other place or city, without the authorization of the LESSOR;
9.9.2 - The amount of all types of fines, judicial and extrajudicial expenses derived from any traffic violation or of any other class, which are directed against the VEHICLE, derived from the term of validity of this rental agreement, must be settled by the LESSEE, unless they originated as a result of the LESSOR's fault;
9.9.3 - In the event that, due to the LESSEE's fault, the VEHICLE is retained or embargoed, all expenses will be at your expense, including the loss of earnings of the LESSOR during the time the VEHICLE is immobilized;
9.9.4 – Expenses incurred by the LESSOR (including attorneys' fees and attorneys' fees) in claiming amounts owed by the LESSEE under this contract.
TENTH CLAUSE - ADMINISTRATIVE EXPENSES - CONTRAORDINATIONS
10.1 - The LESSEE undertakes to pay to the LESSOR all the amounts that the LESSOR may incur with fines and/or fines due for the practice of violations of traffic, parking and toll rules, as well as all the consequences and responsibilities arising therefrom.
10.2 – In the event that the LESSOR is notified, as a result of an administrative offense or illegal conduct practiced by the LESSEE, solely to identify the LESSEE, the LESSEE undertakes to pay, as administrative expenses, the amount of €50.00 (fifty euros) for the information provided to those entities.
ELEVENTH CLAUSE - PERSONAL DATA
11.1 – The LESSEE must provide their personal data and those of the VEHICLE driver(s) at the beginning of the Contract, for the purposes of their identification, expressly authorizing the LESSOR to proceed with the computer processing of the same.
11.2 – The LESSOR is the entity responsible for the computer processing of personal data provided under the contract.
11.3 – Under the terms of the Personal Data Protection Law (Law no. , it`s rectification, updating or alteration.
11.4 – The LESSOR guarantees the confidentiality of the data provided in relation to the credit card presented by the LESSEE.
CLAUSE TWELVE - LESSOR'S RESPONSIBILITY, PRESCRIPTION
12.1 – The LESSOR delivers the VEHICLE in perfect conditions, having carried out all the necessary checks and maintenance for it`s proper functioning. It will not be responsible for mechanical failures or malfunctions due to the normal deterioration of the same, nor is it responsible for expenses, delays or damages in any way produced, directly or indirectly as a result of errors or malfunctions.
12.2 - If due to force majeure, fortuitous reasons or reasons beyond the control of the LESSEE, the VEHICLE cannot be delivered on the appropriate date, this will not give the right to any compensation, except for the return by the LESSOR to the LESSEE, of the amount paid in the context of reservation.
12.3 – The LESSOR will be liable in an unlimited manner in the case of intent and gross negligence. If it is a slight negligence, the LESSOR will only respond in a limited way to the damages foreseen and established in the contract, to the extent that an obligation is breached, the fulfillment of which is of special importance to achieve the object of the contract (main obligation). This measure of responsibility will also be valid in cases where obstacles to the provision of services arise when formalizing the contract.
THIRTEEN CLAUSE - APPLICABLE LAW, AGREED DOMICILE AND JURISDICTION
13.1 – The Contract 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 document written.
13.2 – Any and all changes to the terms and conditions of the Contract that have not been agreed in writing are null and void and have no effect.
13.3 – All notifications to be made under the Contract must be sent to the addresses contained therein, accepting the email address.
13.4 – In the case of disputes arising from or related to the car rental agreement without a driver, including the Particular Background Conditions and these General Conditions, the competent jurisdiction is the Cascais court.
13.5 – The parties agree that the addresses and contacts indicated in the preceding Particular Conditions are valid for the purposes of summons and/or judicial or extrajudicial notification.
13.6 – In accordance with Law No. 144/2015, we inform you that in case of disputes, the LESSEE may resort to the CNIACC – National Center for Information and Arbitration of Consumer Conflicts through: www.centroarbitragemlisboa.pt .
The LESSEE acknowledges that all clauses contained in this Agreement were timely and expressly communicated and explained and that he became aware of them, and therefore signs this agreement.