CAR RENTAL GENERAL CONDITIONS
CHAPTER I – RENTAL AGREEMENT SUBJECT
1- This rental agreement is made between M. Freixo Rent-a-Car from now on denominated by “lessor”, and the client identified in the 1st clause of the particular condition, and from now on denominated by “renter”. The actual general and particular clauses stated on this agreement apply save for any impairment or alteration made in writing.
CHAPTER II – VEHICLE DELIVERY AND RETURN
2- The rented vehicle is delivered to the renter on the effective date of this agreement.
3- The renter acknowledges that the vehicle now delivered is in proper condition, equipped with all accessories and the five tires in good condition and without pictures not showing any visible defects, agreeing to return it to the lessor with all the documents and accessories concerning it in the same condition, by the date specified in this agreement.
4- The vehicle should be returned on or before the date specified in this rental agreement at the lessor’s installations or at another previously designated location.
5- The return of the vehicle in a damaged condition not attributable to its. normal and prudent use, renders liable to the full cost of repair.
6- The renter is liable for the payment of any damages to the superior or inferior parts of the vehicle if not caused collision.
7- Notwithstanding the content of clause 6 of this rental agreement, in the case of the rental of goods vehicles, the renter is responsible for all damages to the superior and inferior parts of the bodywork of the vehicle, due to collision with trees, balconies, bridges other obstacles.
8- This rental agreement will be automatically canceled without the need for legal intervention if the vehicle which is the object of this agreement is used in a manner which constitutes a violation of this said agreement, in this case as well as the automatic cancelation of the agreement the lessor reserves the right to recover the vehicle at any time without previous notification, the respective costs being entirely the responsibility of renter.
9- The renter is responsible for all loses or damages including theft from or of the vehicle, given that the said vehicle is not returned to an employee of the lessor.
10- The renter has the duty to return the vehicle to the same installations of the lessor from which it was delivered, unless other arrangements are stipulated, during normal working hours, those being, from 9:00 to 18:00 hours, 9:00 to 15:00 hours on Saturdays.
11- Any delay in the return of the vehicle constitutes a breach of the penal clause and the renter is liable for this delay and will pay a value calculated on the basis of three times the daily rate practiced by the lessor for each part or full day delay.
12- The renter is not allowed to affect any modifications or alterations to the vehicle, or install accessories or adorn the said vehicle with publicity or commercial advertisement, without previous written authorization from the lessor’s office, which would be considered an act of bad faith in the terms of article 1275 of the Civil Code.
CHAPTER III – USE OF THE VEHICLE
13- The renter agrees not to allow the vehicle to be driven by persons who are not identified in the rental agreement or annex or valid alterations there to.
14- The renter agrees not to use or permit the use of the vehicle in following situations:
a) For public transport of passengers or goods or other means for any form of payment or reward;
b) For racing or raining of any form official or otherwise
c) For transport or contraband or other illegal goods or prohibited items;
d) For towing any type of vehicle or trailer;
e) By any person under the influence of alcohol, drugs or stupefacient;
f) For transport of passengers or goods in violation of the characteristics of the vehicle stated in the vehicle’s registration.
15- The person or persons authorized to drive the vehicle should be over 23 years old, with exception of groups D and E, that should be over 25 years. Nevertheless, the rental could be made to persons less than 23 years old but more than 21 years-old for the groups A, B and C, and less than 25 years-old but more than 23 years-old for the groups D and E, with the payment of a supplement as stipulated in the lessor’s rates and an extra deposit of €700,00 (Seven hundred euros) for group A; of €1.000,00 (One thousand euros) for group B; of €1.200,00 (One thousand an and two hundred euros) for group C; of €1.600,00 (One thousand and six hundred) for groups D and E. In any of these situations the renter must be holder of a driving license valid for a least two years for the groups A, B and C, and for a least four years for the groups D and E.
16- The renter undertakes to use the vehicle in a correct and prudent manner observing the standards of the highway Code and all other legislation concerning the circulation of vehicles.
17- The renter undertakes to close and lock the vehicle without leaving inside any documents referring there to or any other item likely to provoke a break-in, theft or damage to the vehicle.
18- The renter undertakes not to park the vehicle in prohibited zones or where it would be at risk.
19- It is expressly prohibited that the renter sell, mortgage or create any other type of debt involving the vehicle or its component and accessories as subject to this agreement.
20- It is not permitted to interfere with the milometer. In case that tampering is confirmed, the lessor will change the renter one thousand kilometers per day of rental, calculated in accord with the stipulated unlimited mileage rates, notwithstanding any legal action or actions which this criminal offence could bring about.
21- Any fines or penalties incurred by the vehicle during the period of the agreement are the sole and entire responsibility of the renter.
22- The lessor has the right to inspect or order the inspection of the vehicle at any time given that the renter is given 48 hours notice.
23- The renter is liable for the payment of all legal and extra judiciary costs, fines or other penalties incurred due to the transgression of any law attributable to the renter, or to the vehicle whilst in the possession of the renter.
24- Failure to comply with any clause of this chapter implies cancelation of this agreement under the terms of the 8th clause of Chapter II.
CHAPTER IV – EXTENSION OF THE RENTAL
25- The rental ends on the date stated in this agreement. If the renter wishes to extend the rental period he should go to lessor’s office at least 36 hours before the expiry of the existing agreement to obtain an extension.
26- Failure to obtain the authorization of the lessor, by the emission of a new agreement, shall be considered that the vehicle is being used against the will of the lessor, the renter shall be presumed to have committed the crime of abuse of confidence.
CHAPTER V – MAINTENANCE AND REPAIR OF THE VEHICLE
27- The normal maintenance of the vehicle required during a normal and prudent usage shall be paid for by the lessor, also undertaking to verify regularly the levels of oil (engine oil, brake oil and gear-box oil) and of water or other coolant.
28- Any expenses incurred by the renter in the purchase of oils as referred to in the previous clause should be presented to the lessor to allow for reimbursement.
29- In the case of breakdown, due to mechanical failure, repairs should only be carried out with the previous agreement of the lessor in writing and in accordance with their instruction.
30- Any mechanical repairs made by the renter, under the terms of the previous clause should be accomparced by a detailed invoice indicating all replaced parts and the reason for their substitution.
31- The renter has no right to claim compensation for delays in the repair and delivery of the vehicle due to breakdown during the term of rental or for cancelation of the agreement due to mechanical repairs.
32- The lessor does not accept responsibility for any manufacturing defects or for previous repairs.
33- In the case of damage due to the use of fuels other than that indicated by the lessor, the renter shall be entirely responsible for any and all costs incurred in repairing the vehicle.
34- When the vehicle is returned with the fuel level less than that on delivery, the renter will be charged for the missing fuel together with an additional charge of €20,00 (twenty euros).
CHAPTER VI – INSURANCE
35- The said vehicle, is injured in accordance with the legal requirements of third party motor-car insurance which covers third party’s up to an unlimited value.
36- The enter agrees to protect the interest of the lessor and their insurance company, being obliged in the case of accident during the rental period to act in the following way:
a) Inform the lessor and the police authorities of any accident, theft or robbery or any other occurrence within 24 hours;
b) Obtain the names and addresses of all party’s involved and witnesses;
c) Not to abandon the vehicle without taking adequate measures to protect and safeguard the same;
d) Not to accept responsibility or guilty;
e) Telephone immediately to the lessor supplying a detailed report of the accident including a diagram.
37- In case of accident, theft or robbery the renter is responsible for a charge related to the damages caused to the car up to a level of €700,00 (Seven hundred euros) for group A; of €1.000,00 (One thousand euros) for group B; of €1.200,00 (One thousand an and two hundred euros) for group C; of €1.600,00 (One thousand and six hundred) for groups D and E, fixed in the rates valid on the date of this agreement. That charge is applicable even with the previous acceptance of the insurance CDW depending on the category of the rented vehicle.
38- The renter is not responsible for any loses or damages caused to the vehicle if the renter has previously paid the CDW and/or TW insurances, this being the case renter is only responsible for the payment of the fixed premiums as stated in the current rental rates.
39- Only the renter or the drivers identified in this rental agreement are covered by the CDW and TW insurances.
40- Even in the case where the renter takes out the CDW insurance, all damages occurring from the improper use will be solely and exclusively the responsibility of the renter, notwithstanding road surface condition or lack of road sights, as with damages caused to the superior and inferior parts of the vehicle given that there has been no collision.
41- In the case of accident due to exceed speed, driving under the influence of alcohol, narcotics, stupefacient or by negligence, the renter will be responsible for the cost of repairs in their totality and shall indemnify the lessor for the period during which the vehicle was out of service even if the CDW premium was paid.
42- On payment of a premium shown in the rental rates, an individual insurance against personal accidents can be obtained for the driver(s) and passengers of the vehicle, the maximum value of which is shown in the rental rates and includes cover for medical assistance and hospital expenses within the limits shown in the rental rates.
43- The vehicle is only covered by the insurance during the period stipulated in the rental agreement, except in the case of extension of the agreement according to the current general conditions, the lessor denies all and any responsibility for accidents caused or that could be caused by the renter who is solely and exclusively responsible for the same.
44- No cover will be given for any driver who has not possess a valid driving license for more than two years.
CHAPTER VII – TERRITORIAL LIMITS TO VEHICLE CIRCULATION
45- The vehicle cannot be used, maneuvered or driven outside the territorial limits of Portugal without the previous written authorization of the lessor, failure to obtain this authorization results in the vehicle being without insurance.
CHAPTER VIII – FRAUD, FALSE DECLARATION AND THE USE OF FALSE DOCUMENTS
46- I the vehicle is rented using frauds, false declarations or using false documents or if it is rented with the aim to commit crimes, all used of the vehicle is unauthorized by the lessor, being a clear violation of the rental agreement.
CHAPTER IX – PAYMENTS
47- The renter agrees to pay to the lessor that values on demand:
a) Charges calculated in function of the rental period and respective kilometers travelled in accordance with the rates stipulated in the particular conditions of this rental agreement;
b) All charges referring to personal accident insurances, crash, collision and overturn insurance, robbery insurance and any other expenses applicable in accordance with the rates shown on this rental agreement;
c) All duties and taxes relating to the rental of vehicles or a value fixed by the lessor for the payment of these taxes;
d) All costs supported by the lessor resulting from the recovering of amounts in debt from the renter as a consequence of the rental agreement, including legal costs;
e) Any invoices unpaid on their due date shall be subjected to interest at the maximum legal permitted rate, also, a value of 20% as stated in the penalty clause and compensation for damages suffered;
f) All costs referring to repairs effected without the previous authorization of the lessor;
g) Any towing costs incurred inside or outside the country due to accident or abuse of the vehicle will be always the responsibility of the renter;
h) In case of car documents loss, the renter will be charged in €300,00 (Three hundred euros);
i) Administrative costs of €45,00 (Forty five euros) per notification regarding data request concerning fees or penalties of any sort by public or private authorities namely police or highway, bridges or parking management companies.
CHAPTER X – DEPOSIT
48- The renter guarantees the fulfilment of this part of this agreement by the payment of €700,00 (Seven hundred euros) for group A; of €1.000,00 (One thousand euros) for group B; of €1.200,00 (One thousand an and two hundred euros) for group C; of €1.600,00 (One thousand and six hundred) for groups D and E, as stipulated in the particular conditions of this agreement. This will be used preferentially to pay penal clauses, interests, expenses and compensations.
CHAPTER XI – GUARANTORS
49- The guarantor(s) undersigned, identified in the particular conditions of this agreement assume the responsibility for the payment, guarantee and respond for all liabilities from the agreement.
CHAPTER XII – APPLICABLE LAW
50- Any misunderstanding which probably may arrive between the parts shall be solved only and exclusively by the Lisbon Forum to the exclusion of all others
51- Legal costs at the discretion of the court
ONLINE BOOKING CONDITIONS
The online reservations, are subjected to confirmation by the lessor, and are responded within 2 hours from the respective request, between 9am and 5pm, during working days.Requests made out of the established period are responded within 8 hours.
The customer can change or cancel the reservation at any time prior to the pick up date, for that, contacting the lessor is necessary.
Territorial Extension and Young Driver costs are not included in online reservations, only at the pick up time.