The present contract is made between Auto Simpatia - Comércio de Automóveis, Lda., hereinafter referred to as the lessor, and the customer identified in the first clause of the special conditions, and hereinafter referred to as the lessee, by application of the present general and particular clauses of this contract, except for any derogation or change made in writing.
CLAUSE 2 - DELIVERY AND RETURN OF VEHICLE
The rented vehicle is delivered to the lessee on the date of signing of this contract.
The lessee acknowledges that the contracted vehicle was delivered and is in good working order, equipped with all accessories, showing no apparent defects.
The lessee is responsible for keeping the vehicle in a good state of repair and cleanliness, and promises to return it to the lessor together with all documents and accessories in the same conditions as delivered to him, on the expected date at the end of the present contract.
The Vehicle must be returned at the end of the present contact or at the date of its termination to the premises of the lessor, or in a location indicated by the lessor.
If the vehicle is returned to a place other than the one referred to in the previous paragraph, the lessee is liable for damages caused to the lessor by this situation.
The lessee is obligated to return the vehicle to the premises of the lessor where it was delivered, unless otherwise agreed, within working hours, i.e., from 9h00 to 12h00 and from 14h00 to 19h00.
The lessee is responsible for all loss or damage, including robbery or theft of the vehicle, if it is not handed over to an employee of the lessor.
In the case of delay in the return of the vehicle, the lessee is obligated to pay to the lessor, by criminal clause, for each day, whole or fraction, an amount calculated based on three times the daily rate by the lessor, for the contracted vehicle.
If the vehicle has defects contrary to its prudent and normal use, the lessee shall compensate the lessor for the cost of its repair.
The lessee is responsible for paying damages to the upper and lower parts of the vehicle provided there is no collision.
This contract shall be deemed automatically terminated without the need for legal action, if the vehicle constituting its object is used under conditions which constitute a breach of the contract.
In the case referred to in the preceding paragraph, in addition to the automatic termination of the contract, the lessor reserves the right to recover the vehicle at any moment, without prior notice, and the respective costs are the sole and entire responsibility of the lessee.
CLAUSE 3 - USE OF THE VEHICLE
1. The lessee may not make any modifications or alterations to the vehicle, nor install accessories or put advertising or commercial mentions on it without the prior written permission of the lessor, under penalty of being considered a possessor in bad faith, pursuant to article no. 1275 of the Civil Code.
The renter shall not allow the vehicle to be driven by persons other than those identified in this rental agreement or attached document.
The lessee may only use the vehicle object of this contract within the Portuguese territory, unless it has express authorization.
The lessee shall not use or permit the use of the vehicle under the following conditions:
To carry out public passenger transport in exchange for any compensation or remuneration;
For use of the vehicle in sporting events or for training, whether these are official or not;
To push or pull any vehicle or trailer;
By anyone under the influence of alcohol, narcotics or drugs;
For the transport of passengers in violation of the characteristics of the vehicle contained in the booklet / single document of the vehicle
The lessee is hereby prevented from subletting, lending or surrendering, in whole or in part, by any form or business agreement, the rights arising from this contract, without the express prior authorization of the lessor.
The renter shall properly lock the vehicle, leaving no vehicle documents inside or any other objects likely to cause theft, robbery or damage to the vehicle.
The loss or destruction, in whole or in part, of the vehicle documentation shall require the Lessee to compensate the Lessor for the inherent damages, namely for the expenses arising from the issuance of second copies, including administrative expenses by the Lessor.
CLAUSE 4 - RENTAL EXTENSION
The rental agreement ends on the day fixed in the particular clauses.
If the lessee wishes to extend the rental period, he must go to the premises of the lessor at least 24 hours in advance and obtain a new contract, thereby extending the rental period.
Such extension will always be subject to the Lessor's approval.
If the contract is subject to automatic renewal, the non-payment of any installments / monthly payments, shall allow the immediate termination of the contract by the lessor.
If the lessor does not agree to extend the contract, the lessee shall deliver the vehicle on the date previously agreed.
CLAUSE 5 - MAINTENANCE AND REPAIR OF THE VEHICLE
If you notice a mechanical problem with the vehicle, the lessee shall immediately immobilize the vehicle and contact the lessor.
In the event that the vehicle is stationary due to mechanical damage, repairs may only be carried out by prior written agreement of the lessor and in accordance with the instructions given.
Any towing expenses inside or outside the country due to misuse of the vehicle shall always be the lessee's responsibility.
When the vehicle is returned with a lower fuel level than at the time of delivery, the missing fuel shall be charged to the lessee.
CLAUSE 6 - INSURANCE
The lessee is covered by the following insurance under this contract:
It covers all damages caused to the vehicle and the total or partial theft of the vehicle, being the lessee subject to the payment of a variable deductible depending on the type of the vehicle and contained in the table attached to this contract, which is an integral part of this contract.
It covers robbery and car theft.
It covers medical expenses of the driver and / or occupant of the vehicle. The maximum amount for illness or hospitalization, or in the event of death or disability, is per insurance policy.
The lessee shall, in case of an accident, do the following:
Report to the lessor and to law enforcement authorities any and all accidents, robbery, theft or any other claims within a maximum of 24 hours;
Obtain the names and addresses of the persons involved and witnesses;
Do not leave the vehicle without taking appropriate measures to protect and safeguard it;
Not assume any responsibility or plead guilty in case of accidents, which may imply responsibilities of the lessor;
Call the lessor immediately and provide the lessor with a detailed report of the accident, including information about the accident report created by law enforcement authorities.
In the event of an accident, robbery or theft, the lessee is liable for a deductible for damages caused to the vehicle, up to the amount fixed in the pricelists applicable at the date of the constitution of this contract, and whose tables are attached to this contract and are an integral part of this contract.
Only the lessee and / or drivers indicated in this rental agreement may benefit from the insurance.
All damage resulting from misuse of the vehicle will be the sole responsibility of the lessee.
In the event of an accident due to speeding, negligence, driving under the influence of alcohol, narcotic products or the consumption of any product which diminishes driving ability, the lessee shall be responsible for all repair expenses and compensation associated with the downtime of the crashed vehicle.
The vehicle will only be covered by insurance for the period agreed in the rental contract, unless there is an extension of the contract under the terms of these general conditions. The lessor declines all and any liability for accidents caused or that may be caused by the lessee beyond the end term of this contract. The lessee is solely and exclusively responsible for these accidents.
CLAUSE 7 - PAYMENTS
The lessee shall pay the amounts owed due to the celebration of this contract to the lessor upon request, namely:
The price due for the rental of the vehicle, depending on the rental period and its mileage calculated in accordance with the tariff set out in the specific conditions of this contract;
Any and all charges related to the insurance deductible, personal accident insurance, shock, collision and rollover insurance, towing insurance and any other applicable expenses in accordance with the tariff or rate set forth in the particular conditions of this contract;
All taxes and fees payable due to the rental of the motor vehicle or the amount fixed by the lessor for the repayment of such taxes;
All costs incurred by the lessor arising from the collection of outstanding payments by the lessee as a result of this contract, including attorney's fees.
All and any invoice not paid on its due date will be accrued of interest at the maximum legally permissible rate and subject to a 20% surcharge under a penalty clause and for compensation of suffered damages.
In case of an accident, the lessee will pay, as administrative expenses with the respective process, 25€ (twenty five euros).
The lessee, to ensure compliance with the obligations arising from this contract, will provide a deposit for the amount referred to in the particular conditions, which will be preferably used to pay criminal clauses, interest, expenses and compensation.
The said Deposit may be provided in cash or credit card debit.
The lessee expressly authorizes the lessor to fill in and debit the said credit card for the amounts defined in accordance with the preceding paragraphs.
The lessor, despite the provisions of the previous paragraph, may also require the lessee to present one or more guarantors.
The guarantor(s) underwriter(s) of this contract, identified under the particular conditions of this contract, assume(s) the obligation of principal payer(s), guarantee(s) and answer(s) jointly for all obligations arising from this contract.
The guarantors abdicate of the “Excussão” benefit foreseen in article 639 of the Civil Code.
The Lessee shall reimburse the Lessor the value of one day of rental if the time limit for the return of the vehicle is exceeded, as described in the contract.
The Lessee shall reimburse the Lessor, in the event of cancellation of the deal for any reason, the amount of €25.00 (twenty five euros) plus VAT as administrative expenses.
CLAUSE 8 - PERSONAL DATA
Pursuant to the provisions of the personal data protection legislation, AUTO SIMPATIA, in its capacity as responsible for the process, will process LESSEE's personal data for various purposes, namely (a) client management; (b) compliance with legal obligations (Decree-Law no. 181/2012 of August 6, and 15/88 of January 26); (c) market studies.
For those purposes of the execution of the Contract, the LESSEE authorizes AUTO SIMPATIA expressly and unequivocally to collect and process the following categories of personal data: name; telephone and / or mobile phone number; sex; age; address; taxpayer number; “Bilhete de Identidade” number and date of issue and expiration date; Passport number and date of issue and expiration date; “Cartão de Cidadão” and expiration date; other identification document; driving license number and date of issue and expiration date; email and IBAN.
The LESSEE authorizes, in the event of breach of the Contract, AUTO SIMPATIA to transmit his/hers personal data to ARAC (“Associação dos Industriais de Aluguer de Automóveis sem Condutor”), for inclusion in the Database of defaulting customers, which is duly authorized by the National Data Protection Commission (“Comissão Nacional de Proteção de Dados”).
For the purpose of the celebration of the contract, management of the contractual relationship, namely, the diligences prior to the formation of the contract and the declaration of the business will, as well as the pursuit of AUTO SIMPATIA's legitimate interests, the LESSEE expressly authorizes AUTO SIMPATIA to reproduce physically and/or digitally the “Cartão de Cidadão”, “Bilhete de Identidade”, or Passport, as well as the driving license, as well as to retain the respective reproductions for as long as necessary for the purposes in question.
The personal data collected will be kept by AUTO SIMPATIA for the period of time strictly necessary for the fulfillment of its intended purpose in accordance with the provisions of Decree-Law No. 181/2012 of August 6.
AUTO SIMPATIA may communicate the data collected to third parties for: (a) the purposes of providing services, namely marketing, with this transfer considered, for all purposes, made on behalf of AUTO SIMPATIA and only if sufficient guarantees are offered in relation to the implemented security measures; (b) the law enforcing and / or judicial authorities, in the event of a request for violations of the “Código da Estrada” (Highway Code) and for criminal investigation reasons; (c) motorway management entities in case it is necessary to inform the infringer of the non-payment of tolls; and (d) ARAC for inclusion in a database in case of non-compliance.
AUTO SIMPATIA, as responsible for the processing of the personal data, assures the LESSEE the exercise of the rights foreseen in the, namely the right of opposition, rectification and elimination, which should be done by email to firstname.lastname@example.org or registered letter to AUTO SIMPATIA - RENT A CAR, Rua João Reis 22 Zona Industrial 2500-757 Caldas da Rainha.
CLAUSE 9 - INFRINGEMENTS
The lessee shall repay to the “lessor” the amounts of any fines that the lessor may pay as a result of unlawful conduct by the lessee.
The amount of this fine is also increased by 25 € (twenty five euro) as administrative expenses. If the lessor is notified by any public entity solely to identify the lessee, the lessee shall pay as administrative expenses the amount of 25 € (twenty five euros).
CLAUSE 10 – SERIVCE OF PROVISION OF MEANS FOR PAYMENT OF TOLLS
By subscribing to this service, Auto Simpatia makes available to the Customer a “Via Verde” identifier owned by Auto Simpatia, installed on the windscreen of the vehicle.
The services mentioned in the previous number allow, through the use of said Identifier, to determine the amount of tolls to be charged, within the scope of the electronic toll services made available on duly equipped road infrastructures. The client is the sole responsible for the full payment of said fees during the term of the Rental Agreement;
For payment purposes, the Customer must provide a valid card, ensuring sufficient balance in the corresponding bank account to cover the amounts due, and their debit may occur after the detection of use of a road infrastructure, and accepting that the due debits may occur after the end of the Rental Agreement, provided that the use of the road infrastructure has been verified during its term.
The Customer is also responsible for the correct operation and preservation, under perfect conditions, of the “Via Verde” Identifier, and under no circumstances may the equipment be removed from the place where it is installed, and shall report to Auto Simpatia any anomaly or contact a “Via Verde” assistance center to resolve the anomaly;
This service costs € 1.50 plus VAT, per rental day, up to a maximum of € 15.00 plus VAT per month and per rental agreement (Ordinance No. 190/2013 of May 23) ;
Not subscribing to this service implies the responsibility of the Customer in the general terms defined by Law No. 25/2006 of June 30, as amended.
Clause 11 – Disputes
The defeated party shall bear the costs arising from such disputes, including the fees of the forensic agents to which the other party may have resorted.
The parties agree that the addresses given in this contract shall be used for any contact, namely, for the purpose of citation or another judicial or extrajudicial notification.
In the event of a dispute, the consumer may alternatively turn to the “Centro de Mediação e Arbitragem” (Mediation and Arbitration Center), at www.cm-obidos.pt and headquartered at Largo de S. Pedro, 2510-086 Óbidos, national and general in nature, or also to the “Centro de Arbitragem do Sector Automóvel” (Automotive Sector Arbitration Center), at www.centroarbitulhosectorauto.pt, headquartered at Avenida da Républica, 44 3° Esq 1050-194 Lisboa, in accordance with Law 144/2015 of September 8.
Clause 12 - Information and Clarifications
The General Conditions in Portuguese prevail over the General Conditions translated into other languages. In case of disagreement or conflict between the General Conditions in Portuguese and the General Conditions translated into other languages, the General Conditions in Portuguese shall prevail. The Lessee acknowledges that all clauses contained in this contract have been timely and expressly communicated and explained to him and that he has become aware of them and therefore signs this contract.