1. Main Contract
1.1. Drive4Fun, Lda, from now on designated “Locadora”, rents the vehicle designated in the rental agreement, from now on designated “rental agreement” and in the Vehicle Damage control, from now on designated “Vehicle Damage Control”, to the costumer, from now on designated “Client” according with the following rental conditions.
2. Vehicle Delivery and Return
2.1. Client acknowledges and accepts that the vehicle provided is in good hire conditions including all legal documents to be driven on the road, proved by the signature between him and one of Drive4Fun staff member in the Vehicle Damage Control, where all the damages, vehicle condition, amount and type of fuel are discriminated.
2.2. On delivery of the vehicle, a copy of the rental agreement, rental conditions and the vehicle damage control will be provided to the Client as well as all the legal documents to make the car drivable in the public roads.
2.3. In case the vehicle does not full fill the Client expectations, he should present his disagreement to our staff members at the time of delivery, in order to allow the Locadora to replace the vehicle with another model in the same category.
2.4. On delivery, if the type of vehicle booked is not available for any reason, an upgrade will be provided to the Client, maintaining all conditions and prices from original car type booked.
2.5. The vehicle type/model booked is just an example. In each category there are several models/brands an all of them are similar in terms of size and specifications.
2.6. The return of the vehicle must be made in the date, time and place agreed in the Rental Agreement in the same conditions as received when delivered to the Client.
2.7. The return of the vehicle can be different to what was originally agreed in the rental agreement, as long as previously authorized by the Locadora. An extra cost may be applied which will be calculated having in mind the changes to the new date, time and place of return.
2.8. The time and date of return originally agreed may be subject to changes as long as previously authorized by the Locadora; therefore Client must always contact us to obtain this authorization. If necessary, Client must meet us in our office in order to proceed with these changes and sign a new Rental Agreement.
3. Using the Vehicle
3.1. Client must preserve the vehicle assuring the following:
3.1.1. Is properly parked and safely locked in a safe and authorized parking area.
3.1.2. Uses the correct type of fuel.
3.1.3. Makes a correct use of any security of electronic device installed in the vehicle.
3.2. Client makes the commitment of not using or allowing using the vehicle in the following situations:
3.2.1. Passengers, animal or goods in a direct law violation.
3.2.2. In a sport event or any other similar event, being official or unofficial.
3.2.3. For any merchandising purposes without a previous authorization from the Locadora.
3.2.4. The usage of the vehicle by any person under the influence of alcohol, drugs or any other illegal substance that directly or not reduces its perception, ability or time of reaction.
3.2.5. The usage of the vehicles by drivers under 21 years old.
3.2.6. The usage of the vehicle by drivers holding a driving license by less than one year.
3.2.7. The usage of the vehicle by drivers who are not mentioned in the rental agreement in the main driver section or in the additional drivers section.
3.2.8. The usage of the vehicle outsider Portugal without a previously authorization from the Locadora.
3.3. The Locadora provides the Client a vehicle equipped with the electronic Via Verde device owned by the Locadora.
3.3.1. Client acknowledges that he is responsible for the full payment of any motorway or bridge usage that involves taxes/costs by using it during the times/dates of the rental agreement.
3.3.2. In order to support this payment, Client must present a valid credit card assuring sufficient founds for the costs involved or any other form of payment accepted by the Locadora.
3.3.3. Client agrees with all the costs charged by using taxed motorway or bridges despite the reason, providing these costs refer to his rental agreement dates and times.
3.3.4. Client is aware that not paying the costs described in the section 3.3.1., will make him incur in a penalty according with Portuguese Law n.º 25/2006 de 30 de Junho, in its present redaction.
3.3.5. Client acknowledges and authorizes that according with n.º1 do artigo 10º, da Lei n.º 25/2006 de 30 de Junho in its present redaction, the Locadora will use the personal details included in the rental agreement to present to the authorities as a form of identifying the person that caused the penalty.
4. Prices and Services:
4.1. It is included in the rental price VAT, unlimited Kilometers, Road Travel Assistance, Insurance – CDW which includes damages to the hire vehicle or to a third party in case of an accident, being the Client subject to a payment of a variable Excess Amount depending on the type of vehicle booked, which is written in the rental agreement.
4.1.1. Excess Amounts:
Grups A, AA, C, and C1 – 1750 Euros
Grups D, D1, E, E1, F, G, G1, H, H1, I, J, J1, M, N and N1 – 2250 Euros
Grups K and L – 2500 Euros
4.2. Client can purchase the following services:
4.2.1. TW – Covers theft of the vehicle – Not Available at the moment.
4.2.2. PAI – Covers personal injurie, having the amounts involved described in the insurance green card of the vehicle – Not Available at the moment.
4.2.3. TLW – Covers damages to tires, locks, Windows or any glass part of the vehicle – Not Available at the moment.
4.2.4. SUPER-CDW – Covers all damages in the vehicle including TLW; with this option Client will no longer be responsible for any payment with the exception of what is described in section 4.3 of this contract.
Grups A, AA, C, and C1 – 10 Euros per day – Only available for a 4 day hire or longer.
Grups D, D1, E, E1, F, G, G1, H, H1, I, J, J1, M, N and N1 – 15 Euros per day – Only available for a 4 day hire or longer.
Grups K and L – 20 Euros per day – Available for a 4 day hire or longer.
4.2.5. Only drivers named in the rental agreement are covered with TW, PAI, TLW e SUPER-CDW.
4.2.6. Extra services such as TW, PAI, TLW e SUPER-CDW are only valid for the agreed date and time mentioned in the rental agreement. Outside these dates and times previously agreed, the Locadora declines any responsibility for any accidents, theft, damages caused or sustained.
4.3. All damages resulting of a non authorized or illegal usage of the vehicle, as well as costs of repair or any refunds to be paid are Client responsibility in full such as:
4.3.1. In case of an accident when speed limit was exceeded.
4.3.2. In case of an accident when Portuguese traffic rules were not fulfilled or traffic rules of the country where the car is being used.
4.3.3. In case of an accident when the driver is found to be under the influence of alcohol, drugs or any other illegal substance that directly or not reduces its perception, ability or time of reaction.
4.3.4. In case of an accident when passenger capacity was exceeded.
4.3.5. In case of an accident when transporting “pets” not properly/legally accommodated.
4.3.6. In case of an accident when traffic rules were disrespected, despite being provisional, forcing a different usage/path than the normal imposed by a third party.
5. Accident or Vehicle Break Down
5.1. In case of a Break Down, the following procedures should be followed:
5.1.1. Client must contact the Locadora Reporting the malfunction, providing the information requested, in order to allow the Locadora to solve the malfunction as quick as possible.
5.1.2. If the malfunction cannot be solved, the Road Travel Assistance will be activated in order to remove the vehicle. A taxi service will be provided to the Client to pick up a replacement vehicle.
5.1.3. Services mentioned in previous section are free of charge.
5.1.4. The Locadora telephone number is available in the rental agreement and the Road Travel Assistance is available in the Insurance Green Card of the vehicle.
5.1.5. When activating the Road Travel Assistance, Client must provide the full and correct location where the vehicle is.
5.1.6. When the Road Travel Assistance is activated, client must be reachable at all time by phone or any Other means.
5.1.7. When the Road Travel Assistance is activated, client must not abandon the vehicle without taking measures to ensure that it stays safe.
5.1.8. If the malfunction cannot be solved, a replacement vehicle will be provided to the Client.
5.2. In case of an accident, the following procedures should be followed:
5.2.1. Client must contact the Locadora Reporting the accident, providing a detailed report which must include the Police Report.
5.2.2. Client needs to report to the relevant authorities any accident, theft or any Other relevant situation within a maximum of 24 hours from when it happened.
5.2.3. Client must not move or remove the vehicle until relevant authorities arrive to the accident area.
5.2.4. Client must obtain names and addresses of any involved or witnesses of the accident.
5.2.5. Client must not take any prior responsibility or play guilty in case of an accident, resulting of a direct or indirect implication of the Locadora.
5.2.6. If the vehicle cannot be driven as a result of the accident, the Road Travel Assistance will be activated in order to remove the vehicle. A taxi service will be provided to the Client to pick up a replacement vehicle.
5.2.7. Services mentioned in previous section are free of charge.
5.2.8. The Locadora telephone number is available in the rental agreement and the Road Travel Assistance is available in the Insurance Green Card of the vehicle.
5.2.9. Client must provide the Locadora with full and correct address where the vehicle is.
5.2.10. When the Road Travel Assistance is activated, client must be reachable at all time by phone or any other means.
5.2.11. When the Road Travel Assistance is activated, client must not abandon the vehicle without taking measures to ensure that it stays safe.
5.2.12. A replacement vehicle will be provided to the Client within a maximum of 24 hours.
6.1. When booking the hire vehicle, Client is informed of all the payments and costs involved according with his specific requests. Client is also informed about the insurance options and the amount of the excess responsibility.
A valid credit card must be provided to allow Locadora to charge the excess amount, that will be kept during the rental period.
This excess amount charged, will be released upon car return, if no violation occurs to what is stated in 3.1.
6.2. Client acknowledges that he must pay in full the cost of hiring the vehicle according with his specific requests, such as:
6.2.1. Price for the hire vehicle, calculated for the type of vehicle and period of hire, according with public price list of the Locadora.
6.2.2. All costs involving extra services such as TW, PAI, TLW e SUPER-CDW.
6.2.3. All taxes imposed by law included or excluded in the rental price.
6.2.4. All costs imposed to the Locadora by relevant authorities due to the usage of the hire vehicle in non pre-authorized areas.
6.2.5. To all costs still to be paid, will be added interests according with maximum tax in place.
6.2.6. In case of an accident, client is responsible to pay a process fee of € 25 (twenty five euros) VAT included.
6.2.7. In case vehicle is returned with less amount of fuel than originally delivered to the Client, the missing fuel will be charged having as a reference the price per liter of the closest Fuel Garage where the return of the vehicle is made.
6.2.8. A fee of € 25 (twenty five euros) will be charged to the Client should the Locadora is confronted with a penalty from the relevant authorities resulting from a non-authorized usage of the vehicle or traffic rules disrespect.
6.2.9. In case of destruction or loss of the Electronic Via Verde device, Client will be charged for a new one according with the cost available in Via Verde price list, which will be added € 10 (Ten Euros) VAT included as an administration fee.
6.2.10. In case of destruction or loss of the car legal documents, Client will be charged €250 (Two Hundred and Fifty Euros) VAT included in order to replaced them.
6.2.11. In case of destruction or loss of the car key, Client will be charged according with each brand/model price list provided by the price list original make of the vehicle, plus an administration fee of €20 (Twenty Euros) VAT included.
6.2.12. In order to ensure these costs are covered, Client must present a valid credit card with sufficient funds, authorizing the Locadora to proceed with any necessary charges when nit full filling the terms of this contract.
7. Legal Information of the Rental Agreement
7.1. Client assures that all personal information provided are correct according with his actual status.
7.2. Client assures that is contact details described in the rental agreement are the correct ones in order to be contacted by the Locadora or identified to any relevant authorities.
7.3. Client authorizes the Locadora to use his personal details described in the rental agreement as internal Locadora information, specifically for Clients and Fleet control.
7.4. Locadora is the only entity responsible for the treatment of all personal details, according with Portuguese Law n.º67/98, de 28 de Outubro, Personal Data Protection Law, and it is guaranteed to the issuers/owners of this information the free access to these details to rectify, update or modifying them.
7.5. Client acknowledges that he was informed of all the sections included in this contract and that he agrees with all of them, reason why he freely and consciously signs this Rental Conditions agreement.
Law nº. 144/2015, the September 8
ALTERNATIVE DISPUTE RESOLUTION ENTITY IN ALGARVE