This contract is entered into between the company “Avelino & Egídio, Lda” (hereinafter referred to as the rental company), and the customer and driver identified therein (hereinafter referred to as the customer). Through this contract, the rental company rents the motor vehicle (hereinafter referred to as Vehicle) to the Customer, under the following terms and conditions:
1. The customer expressly declares that he received the vehicle on the date of commencement of this contract, in good condition of use and without any visible damage, unless otherwise stated in this Contract.
2. The customer undertakes to return the vehicle in the same conditions in which it was delivered, on the agreed date and, at the same place as the beginning of the contract, within opening hours, unless otherwise expressly authorized by the rental company, under penalty of, failing to do so, incurring civil and criminal liability, and the Client immediately loses the rights conferred by the Insurance coverage.
3. The delay in returning the vehicle constitutes the Customer under the obligation to pay the rental company, for the delay in the return and for each day it lasts, an indemnity in the amount corresponding to the highest rate charged by the rental company for the type of rented vehicle, without prejudice to the reimbursement of other damages caused to the lessor (tolerance 30 minutes)
4. The vehicle cannot be used or driven under the following conditions:
- By persons not identified and accepted by the lessor, as stipulated in this contract or any annex, or in amendments that are an integral part of it;
- By a person not qualified with a valid driving license in Portugal or with a valid license for less than 1 year;
- In disrespect for the rules of the Highway Code, namely with dangerous driving, under the influence of alcohol, under the influence of psychotropic substances, or any other that disturb the driving ability;
- In rehearsals or sporting competitions, official or unofficial;
- To push or tow any vehicle, trailer, or any other object;
- For the transport of passengers or goods in exchange for any compensation or compensation, whether explicit or implicit;
- For the transport of passengers of goods in violation of what, on the matter, is provided in the vehicle’s booklet;
- For the transport of prohibited or illegal goods, or in violation of customs rules;
- Outside the territorial limits of mainland Portugal, without prior written authorization from the rental company.
5. The customer expressly undertakes to:
- Keep the vehicle properly closed and locked outside the period of use and not leave objects susceptible to theft, robbery, or damage to the vehicle in it;
- Not to change parts and any components and/or accessories of the vehicle.
6. Subletting of the rented vehicle is not allowed.
7. The rental company has the right to reduce the rental period and demand the immediate return of the vehicle in case of breach of any provision of this contract, without prejudice to the compensation to which, under legal or contractual terms, the rental company is entitled.
8. The customer undertakes to return the vehicle with the same level of fuel with which it was delivered, being responsible for the payment of the missing fuel and the refuelling service according to the price in force, as well as for any and all expenses and vehicle repairs, if you have used fuel other than that required for the vehicle in question.
9. The rental price, the amount of the deposit, and the price of the extension will be determined by the rates in force at any given time.
10. The Customer will be responsible and accountable for:
- All expenses incurred during the rental period, namely fuel, parking, and tolls;
- Fines, fines, and any and all infractions inherent to the use and driving of the vehicle, as well as the respective legal expenses and charges for the identification of drivers and/or processing of cases in accordance with the precariousness in force;
- All costs arising from repairs, as well as damage to the vehicle that the Customer has caused, due to dangerous or negligent driving, driving in violation of any rule of the Highway Code, namely driving at excessive speed, driving under the effect of alcohol, narcotics or other substances that affect driving;
- Without prejudice to the provisions of the previous paragraph, all vehicle repair costs due to shock, collision, overturning, fire, acts of vandalism, and/or theft of the vehicle, unless they are recoverable by third party liability;
- The amount due for the provision of the vehicle return service other than the rental company’s headquarters, in case the Customer delivers the vehicle in a different place than expected, according to the price list in force;
- All judicial and extrajudicial expenses, fines, and other pecuniary sanctions, whatever their nature, arising from the violation of any rule attributable to the Customer or the vehicle while in possession of the same unless this is the fault of the rental company;
- All other expenses, including legal expenses, attorney fees, solicitor fees, or any other entity contracted by the rental company to obtain payment of any amounts owed by the Client, as well as all costs that the rental company may incur to recovery, or taking possession, of the vehicle rented to the Customer.
11. If the Customer wishes to extend the rental period, he must contact the rental company to obtain the extension of the contract, otherwise, the vehicle will be considered to be used against the legitimate will of the rental company, incurring the Client in the crime of breach of trust.
12. In the event that the Client intends to bring forward the term of the rental contract, this does not exempt him from the obligation to pay the agreed price in full.
13. Under the terms of the law, the Customer authorizes, from now on, the rental company withdraws the use of the vehicle at the end of the contract or in the event of its termination based on a breach of this contract by the customer, without prejudice to civil liability and criminal to which it fits.
14. The vehicle is covered by a liability insurance policy for the maximum amount prescribed by law.
- The customer can take out individual personal accident insurance, which covers the personal injuries suffered by the driver in the event of an accident, as well as medical assistance and reimbursement of hospital expenses.
- The customer can also choose to hire additional services that protect him in case of damage caused to the vehicle, theft, or total or partial theft of the same.
15. In the event of an accident, theft, robbery, or fire, even partial, of the rented vehicle, the customer undertakes to:
- Inform the rental company of the accident, theft, robbery, or fire, even if partial, of the rented vehicle, within a maximum period of 8 hours from its occurrence, simultaneously being obliged to report to the police authorities the theft or theft of the vehicle, as well as the accident in which there are bodily injuries or in which the culpability of the other party must be clarified;
- Mention in the accident report and in the Car Accident Friendly Declaration, the 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 party vehicle involved and the registration, brand, insurance company and policy number of such third vehicle, being always obliged to fill in the Friendly Declaration of Motor Accident whenever the accident involves third parties;
- Not to declare, in any case, responsible or guilty of the accident with a third party, and/or any witnesses;
- Do not leave the vehicle without having taken adequate measures for its protection;
- Call the rental company, even in case of minor damage or loss, and provide the rental company with a detailed report, including diagrams, with a detailed description of what happened, requesting the activation of Travel Assistance, whenever justified;
- In the event of an accident involving third parties, whenever possible, take photographs of the vehicles involved in the position they were in after the accident, as well as the damage caused to the vehicles in question.
16. In case of theft or theft of the vehicle, the Client will be responsible for paying the excess in force on the date of the rental agreement.
17. In the event of an accident in which the Customer and/or Driver of the vehicle is suspected of having been negligent, the rental company reserves the right to collect/charge the total value of the repair of the vehicle or the value of the vehicle, according to the price in force. + security deposit
18. The mechanical maintenance resulting from the normal use of the vehicle will be borne by the rental company. In the event that the vehicle is immobilized, any repairs or interventions on it can only be carried out with the prior written agreement of the rental company and observing all the instructions given by the rental company to the Customer and/or driver. In the event that repair or intervention is authorized by the rental company, a tax-accepted invoice must be delivered, issued in the name of “Avelino & Egidio, Lda”, NIPC 516 705 210, with a detailed indication of the replaced parts and respective labour.
19. The Customer is solely responsible for any loss or damage suffered by his or her property or that of any other person, left or carried in the vehicle, received or kept by the rental company, at any time, before, during, or after the expiry of the rental agreement. rental, expressly excluding any liability from the rental company as well as its employees.
20. The rental company does not accept any responsibility for delays or damages caused by breakdowns or accidents if it employs all precautions and best efforts to avoid such events.
21. In the case of renting commercial vehicles, the Customer may only transport goods owned by him or that are linked to his economic or professional activity, and the vehicle in question may only be driven by the Customer himself, without prejudice to the application of more conditions. established in this contract.
22. These General Conditions can be changed at any time by the rental company, only producing effects on the services provided after their entry into force.
23. This contract and its Terms and Conditions are governed in all their aspects by Portuguese law and are subject to Portuguese jurisdiction, establishing, in case of dispute, the Judicial Court of the District of Madeira, with express waiver to any other.