GOODRENT, Aluguer de Automóveis e Motos sem Condutor, Lda.
CAR RENTAL GENERAL CONDITIONS
CHAPTER 1 – RENTAL AGREEMENT SUBJECT
1. This rental agreement is made between Goodrent, Aluguer de Automóveis e Motos sem Condutor Unipessoal, Lda., from now on denominated by “lessor”, and the client identified in the 1st clause of the particular conditions, and from now on denominated by “renter”. The actual general and particular clauses stated on this agreement or alteration made is writing.
CHAPTER II - VEHICLE DELIVERY AND RETURN
2. The renter vehicle is delivered to the renter on the effective date of this agreement.
3. The renter acknowledges that the vehicle now delivered is proper condition, equipped with all accessories concerning it in the same condition, by the date specified in this rental agreement.
4. The vehicle should be returned on or before the date specified in this rental agreement at the lessor’s installations or at any other previously designated location.
5. The return of the vehicle in a damage condition not attributable to its normal and prudent use, renders liable to the full cost of repair.
6. The rent is liable for the payment of any damage of the superior or inferior parts of the vehicle if not cause collision.
7. Notwithstanding the content of clause 6 of this rental agreement, in the case of the rental of good 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 or other obstacules.
8. This rental agreement will be automatically canceled without the need for legal intervention if the vehicle wich is the object of this agreement is used in a manner wich 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 the 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 wich it was delivery, unless other arrangement are estipulate, during normal working hours, those begin from 09:00 to 19:00 hours.
11. Any delay in the return of the vehicle constitutes a breech of the penal clause and the renter is liable for this delay and will pay a value calculated on the basis os three times the daily rate practiced by the lessor for each part or full day delay.
12. The renter is not allowed to effect any modifications or alterations to the vehicle, or install accessories or adorner 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 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 allows the use of the vehicle in the following situations:
a) For public transportation of passengers of good or other means for any form of payment or reward;
b) For racing or raining of any form official or otherwise;
c) For the transportation or contraband or other illegal goods or forbidden items;
d) For towing any type of vehicle or trailer;
e) By any person under the influence of alcohol, drugs or stupificants;
f) For transportations of passengers or good in violation of the characteristics of the vehicle stated in this vehicles registration.
15. The person or persons authorized to drive the vehicle should be over 23 years old. Nevertheless could be made to persons less than 23 years old but more than 21, with the payment of a supplement as stipulated in the lessor’s rates and and a extra deposit of € 420 (Four hundred and twenty euros) for group A, B; of € 450 (four hundred and fifty euros) for group C; € 600 (Six hundred euros) for groups D,A1,M2 and of € 1.000 (One thousand euros) for groups E,A2, and € 1200 € for group F, G , H, M3 and M4; € 1.000 (One thousand euros) for scooter 125 cc and and € 400 (Four hundred euros) for Scooters 50 cc.
16. . For any of these situations the renter must be holder of a valid driver license valid for a least of one year.
17. 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 vehicles.
18. 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.
19. The renter undertakes not to park the vehicle in forbidden zones or where it would be a risk.
20. It is expressly forbidden that the renter sell, mortgage or create any other type of debit involving the vehicle or its component and accessories as subject to this agreement.
21. It is not allow interfering with the milometer. In the case that tampering is confirmed, the lessor will charge the renter one thousand kilometers per day of rental, calculated in accord with the stipulated unlimited mileage rates, not withstanding any legal action or actions which this criminal offence could bring about.
22. Any fines or penalties incurred by the vehicle during the period of the agreement are the sole and entire responsibility of the renter.
23. The lessor has the right to inspect order the inspection of the vehicle at any time given that the renter is given 48 hours notice.
24. The renter is liable for the payment of all legal and extra judiciary costs, fines or other penalties incurred due the transgression of any law attributable to the renter, or the vehicle whilst in the possession of the renter.
25. 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
26. The rentals end 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.
27. Failure to obtain the authorization of the lessor, by the emission of a new agreement, should be considered that the vehicle is being used against the will of the lessor, the renter should be presumed to have committed the crime of abuse of confidence.
CHAPTER V - MAINTENANCE AND REPAIR OF THE VEHICLE
28. The normal maintenance of the vehicle required during a normal and prudent usage should be paid 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 content.
29. Any expenses incurred by the renter in the purchase of oils as referred to it in the precious clause should be presented to the lessor to allow for reimbursement.
30. 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 instructions.
31. Any mechanical repairs made by the renter, under the terms of the previous clause should be attached by a detail invoice indicating all replaced parts and the reason of their substitution.
32. The renter as no right to claim compensation for delays in the repair and delivery of the vehicle due to breakdown during the term of the rental or for cancelation of the agreement due to mechanical repairs.
33. The lessor does not accept responsibility for any manufacturing defects or for previous repairs.
34. In case of damage due to the use of fuels other than that indicated by the lessor, the renter shall be intirely responsible for any and all costs incurred in repairing the vehicle.
35. 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 10.00 €(Ten Euros).
CHAPTER VI – INSURANCE
36. The Said vehicle, is insured in accordance with the legal requirements of third party motor-car insurance which covers third party`s up to an unlimited value.
37. The renter 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 parties 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 guilt.
e) Telephone immediately to the lessor supplying a detailed report of the accident.
38. 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 €420.00 (four hundred and twenty euros) for group A,B; of €450.00 (four hundred and fifty euros) for groups C, of €600.00 (six hundred euros) for groups D,A1,M2 of €1000.00 (One thousand euros) for groups E,A2, and € 1200 (one thousand and two hundred euros) F,G,H , M3 and M4 and €400.00 (four hundred euros) for Scooters 50 cc and € 1000 (one thousand euros) for scooters 125 cc ;
39. The renter is not responsible for any loses or damages caused to the vehicle if the renter has previous paid the CDW and/or the TW insurances, this being the case renter is only responsible for the payment of the fixed premium as stated in the current rental rates.
40. Only the renter or the drivers identified in this rental agreement are covered by the CDW and the TW insurances.
41. 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 signs, as with damages caused to the superior and inferior part of the vehicle given that there has been no collision.
42. In the case of accident due to exceed speed, driving under the influence of alcohol, narcotics or by negligence, the renter will be responsible for the cost of repairs in their totally and should compensate the lessor for the period during which the vehicle was out of service even if the CDW premium was paid.
43. On payment of a premium show in the rental rates, an a individual insurance against personal accidents can be obtained for the driver(s) and passengers of the vehicle, the maximum value of which value of which is show in the rental rates and includes cover for medical assistance and hospital expenses within the limits shown in the rental rates.
44. 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 responsibilities for accidents caused or could be caused by the renter who is solely and exclusively responsible for the same.
45. No cover will be given for any driver who doesn’t possess a valid driving license for more than one year.
CHAPTER VII – TERRITORIAL LIMITS TO VEHICLE CIRCULATION
45. The vehicle can’t be use, maneuvered or driven outside the territorial limits of Portugal without the precious written authorization of the lessor, failure to obtain this authorization results in the vehicle being without insurance.
CHAPTER VIII - FRAUD, FALSE DECLARATIONS AND THE USE OF FALSE DOCUMENTS
46. If the vehicle is rented using frauds, false declarations or using false documents or if it is rented with the aim to commit crimes, all use of the vehicle is considered unauthorized by the lessor, being a clear violation of the rental agreement.
CHAPTER IX – PAYMENTS
47. The renter agrees to pay to the lessor the values on demand:
a) Charges calculated in function of the rental period and respective kilometers travelled in accordance with the rates mentioned in the particular conditions of this rental agreement;
b) All charges referring to personal accident insurances, crash, collision and overturn insurance and any other expenses apply 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 recovery 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 maximum legal allowed rate, also a value of 20% as stated in the penalty clause and compensation for damage suffered;
f) All costs referring to repairs affected 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.
THERE IS NO REFUND AFTER PAYMENT.
CHAPTER X – DEPOSIT
48. The renter guarantees the fulfillment of this agreement by the payment of € 420,00 (four hundred and twenty euros) for group A, B; of € 450,00 (Four hundred and fifty euros) for group C; of € 600,00 (Six hundred euros) for groups D,A1,M2 ; of € 1.000,00 (One Thousand euros) for groups E,A2; and € 1200 (one thousand and two hundred euros) for groups F, G, H, M3,M4 and €400,00 (Four hundred euros) for Scooters 50 cc, and € 1000 (one thousand euros) for scooters 125 cc, as stipule in the particular conditions of this agreement. This will be used preferentially to pay penal clauses, interests, expenses and compensations. The waiver must be left by credit card in a slip that will be given back when the car returns.
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 this agreement.
CHAPTER XII – APPLICABLE LAW
50. Any misunderstanding which probably occurs 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.