Terms and Conditions
TERMS AND CONDITIONS
EMERGEPRESTÍGIO, UNIPESSOAL, LDA (herein referred to as the “OWNER”), rents to the user (herein referred to as the “CLIENT”), the vehicle (herein referred to as the “VEHICLE”) identified on this Rental Agreement (herein referred to as the “CONTRACT”), on the terms and conditions set out below, which the CLIENT hereby acknowledges, agrees and undertakes to observe and respect.ARTICLE 1 – USE OF VEHICLE
1. CLIENT agrees that the VEHICLE may be driven, only by the persons named and accepted by the OWNER, or in a supplementary driver's sheet, attached to the Rental Agreement, under penalty of exclusion from insurance coverage, as well as from additional insured coverage and therefore considered uninsured.2. CLIENT undertakes not to use the VEHICLE or not allowing it to be used, under penalty of the provisions of the first part of the previous Article:
a) For the transport of passengers or goods in exchange for any implicit or explicit compensation or remuneration, whatever the compromise form;
b) Pushing or towing any vehicle, trailer or any other objects with or without wheels;
c) Use of the VEHICLE in either official or non official sporting events;
d) Use of the VEHICLE by a person who is under the influence of alcohol or drugs;
e) For any transport in violation of the customs regulations or any other illegal transportation;
f) For the transport of passengers or goods in violation of the vehicle registration certificate.
3. In accordance with the provisions of clause 1, the VEHICLE can only be rented out to persons over 21 or 25 years of age, depending on the hired class of vehicle, and to someone who has a valid driver’s license for at least one year.
4. CLIENT undertakes to, outside periods of use, have the VEHICLE properly closed and locked and the key and all documents must be removed from it.
5. CLIENT is expressly forbidden to sell, mortgage, or otherwise, to pledge the vehicle, this CONTRACT, the documents or tools or make use of it in order to undermine the OWNER.
6. OWNER shall not allow the CLIENT to proceed to exercise the Transport Industry of persons or goods, with the leased vehicle, being certain that if it does not comply, the CONTRACT is extinguished automatically. The lessee is liable for the fines and other penalties that the courts and administrative authorities may fix, following the respective Infringement Proceedings, where the CLIENT acknowledges he shall be accused.
7. Any violation of the provisions of this Article, authorizes the OWNER to withdraw the VEHICLE from the CLIENT, without notice and without prejudice to the damages which, in legal and contractual terms, he shall comply.
ARTICLE 2 – CONDITION AND RETURN OF VEHICLE
1. CLIENT expressly states that has received the vehicle in the conditions of use specified in the CONTRACT, whose checking is jointly made by the CLIENT and the OWNER, equipped with five tires in good conditions and without punctures, unless proved otherwise, and the CLIENT agrees to return the vehicle under the conditions in which it was delivered.2. In case of deterioration of any of the tires, for reasons beyond its normal use, the CLIENT undertakes to proceed immediately to the replacement, on their behalf and at their cost, of tires with the same characteristics and the same brand.
3. CLIENT undertakes to return the VEHICLE to the OWNER on the date and at the location specified in this CONTRACT, under penalty, on not doing it, of the CONTRACT not be considered terminated.
4. The return of the VEHICLE shall only be deemed effected after its physical verification by a representative of the OWNER.
5. It is expressly forbidden to breach the odometer. In case this happens, the OWNER is hereby authorized to debit the CLIENT 500 km per day, without prejudice to the prosecution of fraudulent use.
ARTICLE 3 – RENTING – PRE-PAYMENT - EXTENSION
1. Rental rate, prepayment amount and extension rate shall be determined by the current rates and paid in advance.2. The prepayment shall not serve as an extension of the lease. In case the CLIENT wishes to stay with the VEHICLE beyond the period originally agreed, and in order to prevent disputes, the CLIENT undertakes to previously obtain the consent of the OWNER and immediately pay the amount of the ongoing rent and prepayment of extension.
3. If CLIENT breaches the provisions of the preceding paragraph, the OWNER shall trigger an appropriate criminal prosecution for the prompt return of the vehicle, subject to the CLIENT remain liable for the amounts expressly stated in this CONTRACT.
ARTICLE 4 – PAYMENT
1. CLIENT hereby expressly undertakes to pay the OWNER, upon request and verification undertaken by the OWNER, the following amounts:a) The amount corresponding to the mileage and/or days used, calculated according to the current rates and specified in the CONTRACT; the mileage which will be determined by the reading of the odometer, installed in the vehicle by the manufacturer. In case of failure of the odometer, not affiliated immediately to the OWNER for repair purposes, the calculation will be made under Article 2, clause 5.
b) Additional debit for intercity service, as provided in the CONTRACT; if the vehicle is left in a place other than intended without the prior written consent of the OWNER, there will be a mileage compensation or a vehicle rate of return, in accordance with the current rates, corresponding to the distance between the location where the vehicle shall be delivered and the original one.
c) The amount shall correspond to the length of rental and to the damages, in case of accident or theft, that are not covered by insurance, the insurance premiums of the driver and the passengers carried in the vehicle, if such insurance has been agreed, or incur any costs for hospital stays and medical assistance or otherwise exceed the limits covered by insurance;
d) All taxes and/or fees due under the situations provided in clauses a), b) and c);
e) All judicial or extrajudicial costs, including administrative case management expenses, as well as toll rates, fines, and other penalties, whatever its nature, that the OWNER incurs as a direct or indirect consequence of a breach of any law or regulation attributable to the CLIENT or to the VEHICLE, while in its possession, even if the knowledge of these expenses or costs occasioned only after the return of the VEHICLE;
f) All other costs, including legal expenses and attorney's fees hired by the OWNER to obtain payment of any sums due by the CLIENT;
g) The OWNER may charge the CLIENT all expenses of administrative arrangements relating to the driver identification requests, for infringement of the Highway Code or other laws, loss of VEHICLE documents, according to the extra payments table on the effective date;
h) Minor damage costs: the CLIENT undertakes to pay minor damages to the Vehicle resulting from their use during the rental period, damage type and repair value, included in the table available to the CLIENT at the time of the CONTRACT signing.
For this purpose all the damage done upon return of the vehicle and not indicated on the inception date of the contract and whose conference is joint obligation of the CLIENT and the OWNER, will be considered.
The amount of damages shall be charged according to the price list at the time the rental agreement is finalized;
i) The total cost of repairing the damage caused by crash, collision, overturning and / or theft of the vehicle and its immobilization. For the purposes of this clause it is understood that:
- Debits will be made in accordance with current rates at the time of the events.
- CLIENT won’t be held liable, in case the VEHICLE has been used in accordance with all terms and conditions contained in the CONTRACT, whose general conditions are an integral part of the CONTRACT and, in a cumulative and addition way has been subscribed to the CONTRACT and paid some of the additional coverage - Super CDW (Collision Damage Waiver) and / or INS-Pack - being that the C.D.W. coverage will always have to pay the excess in effect at all times and constant rental rate. Having been hired Super C.D.W. and / or INS-Pack, the excess is not applicable.
2. CLIENT shall not invoke any excuse for the total or partial exemption of liability, as well as deny or suspend payment of any amounts owed to the OWNER, arising from this CONTRACT and from which he is responsible. This contract constitutes an execution in accordance with Article 46, section 1, clause c) of the Code of Civil Procedure.
3. Debts arising from this contract shall be liable to CLIENT and to people authorized to drive the VEHICLE under the provisions of Article 1, clause 1.
ARTICLE 5 – INSURANCE
1. CLIENT or an authorized driver of the vehicle, according to the provisions of Article 1 of this CONTRACT, participates as an insured under an auto insurance policy that covers the civil liability towards third parties, in accordance with applicable laws in the country.2. CLIENT agrees to protect the interests of the OWNER and of its insurance company, in case of accident during the term of this lease, as follows:
a) In the event of any accident, theft or fire, even partial, the CLIENT undertakes to notify the OWNER, within 24 hours after the event has occurred; undertakes simultaneously to participate immediately to the police all accidents;
b) CLIENT undertakes to mention at the participation, under what circumstances occurred the accident, date, place, name and address of the witnesses, name and address of the owner and the driver of the third vehicle involved and the registration number, brand, insurance company and policy number of the third party vehicle;
c) CLIENT undertakes not to declare, under any circumstances, liable or guilty of the accident along the third vehicle.
3. At the time of rental, the CLIENT may choose to hire the following coverage:
a) CDW: (damage to vehicle and theft of all or part of it): by subscribing to this warranty, the CLIENT shall only be liable to its payment until the excess minimum amount, contained in the CONTRACT, if, as a result of its use, the VEHICLE suffers own damages or be stolen in all or any of its components. The value of the towing vehicle is not included in this coverage, in the event of negligence or fault by CLIENT. In order to this coverage be triggered, the CLIENT must submit a DAAA (Car Accident Report) and fill it out the name of the third party, responsible for damage to the vehicle (if any); in case of robbery or theft, the CLIENT shall submit documentary evidence of the complaint, made at the police authority of the area where it occurred, as well as returning to the OWNER the vehicle keys, otherwise this coverage has no effect;
b) Complementary coverage SUPER CDW: (damage to vehicle and theft of all or part of it, postage-free): by subscribing to this warranty, the CLIENT shall not pay any excess if, as a result of its use, the VEHICLE suffers own damages or is stolen in all or any of its components. The value of the towing vehicle is not included in this coverage in the event of negligence, fault or misuse of the vehicle by CLIENT;
c) Complementary coverage INS-Pack: (SUPER CDW + PAI): by subscribing to this warranty, the CLIENT will benefit from the coverage provided in clause b) of this paragraph, as well as the exemption from payment of the towing vehicle, in any circumstance that does not involve misuse of the VEHICLE. This coverage also allows the possibility to include a free additional driver under the CONTRACT concluded between the OWNER and the CLIENT;
d) Only with the hiring of coverage C.D.W. the CLIENT shall subscribe Super CDW coverage or INS-Pack, without prejudice to the provisions of paragraphs 4 and 5 of this Article.
4. Only the CLIENT and/or the drivers authorized by the OWNER in this CONTRACT shall benefit from CDW and Super C.D.W. and/or INS-Pack coverage. The breach of Article 1, paragraph 1, implies the inefficiency of the coverage contained in this Article.
5. Also shall be of no effect coverage referred to in this Article in the event of failure by the CLIENT and / or driver, of all General Terms and Conditions of rent, in particular the procedures referred to in the final part of clause a) of paragraph 3 of this Article. And the rules of the Highway Code and other applicable legislation, particularly in the event of an accident motivated by negligence, for speeding and driving under the influence of alcohol or drugs, the CLIENT shall be obliged to pay to the OWNER all costs of repair and other damages and compensation for the downtime of the crashed vehicle.
6. Even if the CLIENT has accepted the CDW or Super C.D.W. and / or INS-Pack, coverage, he shall always be responsible for all damage to the OWNER rental VEHICLE, arising from poor or negligent use of it, as well as for damage at the top and bottom of the VEHICLE when there is no collision and furthermore, when the driver is not enabled with valid driving license for over a year.
7. CLIENT exonerate the OWNER for any and all liability for loss, robbery and theft or damage of any kind relating to objects and/or utensils who are transported to the VEHICLE, including, baggage and/or goods.
8. The VEHICLE will only be covered by insurance during the period agreed upon in the rental agreement.
9. If the CLIENT has deliberately provided false information to the OWNER, particularly concerning the identity, address or validity of the driving license, the OWNER reserves the right to pass to the CLIENT all costs and damages incurred resulting from such statements.
ARTICLE 6 – MAINTENANCE AND REPAIR
1. Normal mechanical maintenance resulting from normal use of the VEHICLE is due to the CLIENT. In the case of a stationary VEHICLE, repairs may only be carried out with the prior, written consent of the OWNER and in accordance with the instructions given.2. After repairs done, it shall include a detailed invoice, which indicates the replaced parts.
Minor repairs (including lamps, fuses, oil change) up to a maximum of 25.00 Euros are hereby authorized by the OWNER, and the respective invoices shall be issued in the name of EMERGEPRESTÍGIO, UNIPESSOAL, LDA and with the tax number 510 847 498.
3. CLIENT shall not claim for any compensation for delay in delivery of the VEHICLE, for the VEHICLE downtime during the rental or cancellation of the contract due to repairs.
4. Also the Owner shall not be held liable for any VEHICLE construction defects or any previous repairs
ARTICLE 7 – FUELS AND OILS
1. CLIENT is responsible for fuels and shall also check the oil level, water as well as the oil level in the gearbox. Any costs for oil should be duly attested, to allow reimbursement.2. VEHICLE shall be delivered attested fuel and shall be returned also attested, unless otherwise is agreed. If the CLIENT fails to comply with this condition, besides paying the missing fuel, recognizes the right of the OWNER to invoice the value of the refueling service to cover its expenses, in accordance with the current rates.
3. In case of use of a different type of fuel used by the VEHICLE, the CLIENT shall be responsible for charges incurred in replacement of fuel, dismantling and cleaning of the tank, engine tuning and other damage to the VEHICLE, without opposition to its amounts.
ARTICLE 8 – VALIDITY OF RENTAL AGREEMENT
1. The rental starts on the VEHICLE pick-up date and lasts until the actual return of the same, in accordance with Article 2, subject to the OWNER charge the expenditure to which, directly or indirectly related to the rental, which are only detected after returning the vehicle, including the damage suffered when the CLIENT choose to deliver the VEHICLE outside Emergeprestigio, SA stations or outside normal hours, herby authorizing the CLIENT to be charged to the credit card used in the initial payment, if this was the method adopted.2. In case the VEHICLE had been rented for indication of an Insurance Company and with the use of the VEHICLE exceeded the period authorized by it, the CLIENT and / or the authorized drivers become liable to the OWNER for the payment of all amounts under the CONTRACT, unless the OWNER has no obligation to give advance notice that liability for these payments was transferred.
3. The CLIENT shall go to the nearest EMERGEPRESTÍGIO, UNIPESSOAL, LDA station, to rectify rental agreement. The VEHICLE that circulates outside the period mentioned in the CONTRACT incurs legal and contractual penalties of the driver's liability.
ARTICLE 9 - COUNTRIES EXCLUDED
It is prohibited, in all circumstances, the use of the rented vehicle to any of the following countries: Albania - Algeria - Belarus - Bosnia/Herzegovina - Bulgaria - Cyprus - Croatia - Slovenia - Estonia - Greece - Hungary - Balearic Islands - Canary Islands - Iran - Iraq - Iceland - Israel - Latvia - Lithuania - Macedonia - Malta - Morocco - Moldova - Montenegro - Poland - Czech Republic - Slovakia - Romania - Russia - Tunisia - Turkey and Ukraine.ARTICLE 10 – PERSONAL DATA
1. CLIENT and/or driver of the vehicle personal data are mandatory for the execution of this CONTRACT.2. The Lessees hereof expressly authorize the Lessor to proceed to the automatic processing of data provided;
3. Personal data are intended both to identify the lessees and drivers of the rented vehicles, or inclusion, in the case of default by some form of the contract, a database of customers defaulting;
4. The Lessor is responsible for the processing of Personal Data supplied under this contract;
5. Pursuant to Law n. º 67/98 of 28 October, Data Protection Act is guaranteed to the issuers, their leaders and / or named users, the access to their personal data for the purpose of the rectification, update or modification;
ARTICLE 11 - SETTLEMENT OF LITIGATIONS
1. Being the customer resident in Portugal and the contract being concluded in Portugal, informs the renter, in compliance with the conditions laid down in Article 18 of Act No. 144/2015, on 8 September 2000, which could he submit any dispute to one of the following entities of alternative dispute resolution:Centro de Arbitragem de Conflitos de Consumo de Lisboa http://www.centroarbitragemlisboa.pt/
Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral http://www.triave.pt/
CIAB – Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo) http://www.ciab.pt/pt/
CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo http://www.arbitragemdeconsumo.org/
Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra http://www.centrodearbitragemdecoimbra.com
Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve http://www.consumoalgarve.pt
Centro de Informação de Consumo e Arbitragem do Porto http://www.cicap.pt
2. All information relating to the centers of arbitration referred, is available at the website of each one of the centers, indicated in the preceding paragraph.
ARTICLE 12 – APPLICABLE LAW AND COMPETENT COURT
1. The rental agreement is made with the laws of the country in which it is signed, and is governed by them. The rented vehicle under cover of their contract can go abroad, subject to the restrictions contained in Article 9 provided that conducted by any of the drivers identified in the CONTRACT, and to whom the OWNER grant prior authorization.2. Any and all changes to the terms of the Article of this CONTRACT and which have not been agreed upon in writing, will be null and void.
3. The parties agree to establish the court of the district of Aveiro to resolve any conflicts arising from them, with the express exclusion of any other.