Azortour, Soluções Turisticas, Lda (AZORESCAR), rents to the identified Client in this contract the described vehicle in the same contract according to the terms and conditions specified in the Rent Contract, in which the Client is informed, agrees and with the signing of the same is obliged to observe and respect.
1 – VEHICLE USAGE
1- The Client is obliged to set the norms expressed in the Road Code Legislation as well as any other complementary legislation to date and disclaimed in this contract.
2- Under penalty of insurance conditions, and therefore considered as a non insured vehicle, the Client agrees to not allow that the vehicle is driven by any other person or persons who are not identified and accepted by the renter, as stipulated in the contract or in any other annex or alteration from which may be part of the contract.
3- The Client is still obliged not to use the vehicle or not allow the same to be used:
a) for the transportation of passengers or goods regardless of any compensation.
b) for the toe truck or any other unauthorised manoeuvre;
c) for sport or similar activities;
d) for any other person under the influence of alcohol or narcotics.
2 – VEHICLE STATE
1- The Client expressly declares that received the vehicle in good conditions of usage, equipped with five tyres in good shape and with no damage, therefore the Client is obligated to return the vehicle in the same conditions in which it was delivered. In case of deterioration of any tyre, for external reasons to its normal usage, the Client must immediately, on his/hers own expense, replace each defected tyre with one of the same features and brand. All the damages of the tyres of the vehicle are the Client’s responsibility.
2- The Client cannot change any physical and/or technical feature of the vehicle, as well as any of its accessories wether in the inside or outside of the vehicle. If so, the Client must undertake all the expenses related not only to the restitution of the original state of the vehicle, but also of any damages caused to AZORESCAR.
3 – MAINTENANCE AND REPAIR OF THE VEHICLE AND FUEL
1- The normal mechanical maintenance of the normal conditions of the vehicle’s driving is of AZORESCAR’s responsibility. All the occasional repairs caused by the Client’s negligence or by any accidental way, will be of the Client’s responsibilities and executed by the AZORESCAR or by any person or persons indicated by AZORESCAR.
2- If the Client is aware of any existing technical problem in the vehicle, he/she school immobilize it and immediately contact AZORESCAR at the 24h assistance telephone number.
3- AZORESCAR is not responsible for any waste of time caused by any accident or malfunction that may retard or interrupt the Client’s vacation or trip.
4- The fuel will always be under the Client’s responsibilities who should also take all necessary measured to protect and keep the vehicle in the same state and conditions in which it was handed to the Client, namely the Client should verify the state of the oil, water and tyre pressure.
5- The client should always be returned in that same state of fuel that he received. If the Client not observe this condition will be charged a value determined in accordance with the principle of proportionality, which does not exceed the average costs for the refueling of vehicles, and the calculated average based on the costs of allocation of human resources and the movement of the vehicle for supplies.
6- To all the values presented, the fuel policy is full by full.
7- In the case of putting a different type of fuel into the vehicle, the Client is responsible by the linked expenses such as full substitution of fuel, disassembly and washing of the fuel deposit, motor running and other damaged caused to the vehicle, without opposing to its values.
4 – INSURANCE
1- All vehicles are covered with a civil Responsibility Insurance, up to the value of 20.000.000,00€.
The Client is responsible for all the caused damages or damages that the vehicle may therein suffer as well as all the days that the car is immobilized, according to the category of the rented car and to the value stablished under the code.
2- At the rented act, the Client may opt by complementary insurances:
a)Medio Insurance: In case of accident, bump or sidetrack, the Client’s responsibility over the caused damages in the vehicle may be reduced by the compulsory excess.
d) Premium Insurance: If previously contracted, the Client is reducing the compulsory excess to a minimum deductible value. This option eliminates any responsibility of the Client, in case of theft or robbery.
3- Even if the Client had contracted the Medio or Premium insurance, all the damages caused to the rented vehicle which occurred by a wrong usage of the said vehicle, will be under the Client’s responsibility. Those insurances do not clear the Client of paying the damages caused to the upper and under parts of the vehicle, if there is a collision. In case of accident caused by speeding, drunk driving, driving under any drug addiction or by negligence, the CDW or SUPER CDW is null and void, so the Client will pay the full amount of expenses of repair and indemnification in accordance to the time which the damaged vehicle is not working.
4- The compulsory excess is always requested, safe if the SUPER CDW is contracted. 5- This risks will not be covered if caused by negligence and fraud.
6- The values for the insurances presented are those according to those fixed and to code.
5 – RENT,COMPENSATION AND EXTENSION
1- The prices of the renting are determined by the fixed values.
2- When Booking the renting, the Client should pay as guarantee of reservation, 100% of the renting value. Only after this payment and after receive a confirmation by AzoresCar the booking is considered as confirmed.
3- The reservation could be canceled at any time before picking up the vehicle. However, the guarantee deposits not refundable. The same happens for the Client’s “NO-SHOW”.
2- The Compensation may not serve as an extension of the renting. If the Client needs to extend the renting period, he/she must address AZORESCAR, with the minimum notice of 48 hours and get a new contact, extending, therefore the renting period. The extension will always be subjected to the AZORESCAR approval. In case that is not possible, the Client is forced to return the vehicle on the date, place and hour specified in the contract so that the Client will not be accused by judiciary forces, of vehicle deviation or abuse of trust.
3- The day of the renting is considered by each period of 24h. 4- The minimum rent is of 1 day, 24h.
5- The rent is only possible for drivers who have, at the minimum, a driving license for a year and are 21 years of age.
6- If the Client decides to terminate the contract in an anticipated way, the amount corresponding to the days left to the contract conclusion will also be full retained as a compensation.
7- AZORESCAR may decide to finalise the rent contract before the date specified on page 1, if there is a bad conduct of the vehicle and/or violation of the contract dispositions by the Client and take back the vehicle at any time and without notice, at the Client’s expenses.
6 – RESPONSIBILITIES AND PAYMENTS
1- During the rent contract, the Client is always responsible by the caused damages in the interior, on the tyres and any other parts of the vehicle. The damages in the bottom part of the vehicle are always part of the Client’s responsibilities. The available insurances only cover these damages if caused by accident.
2- The Client is the only responsible by traffic tickets, misdemeanours and notices against him/herself, documents and key vehicles. The loss of documents and/or keys of the vehicle during the rent contract will originate the payment of
250.000 Euros for its replacement.
3- AZORESCARdoes not take responsibilities for any type of object or goods left in the vehicle.
4- The Client is obliged, expressively, to pay the amount of the contract to AZORESCAR, namely:
a) The price of the rented vehicle, according to the values fixed as code;
b) All and any charges referring to complementary insurances, in case of contracted, established by our insurance and compulsory values.
c) The extras, in case of contracted, namely baby chair and GPSs according to the legislated code. d) All the payable taxes of all the lines above and still the fees, judiciary or extra-judiciary expenses, derived by violations of traffic or any other violation of the law, set to the vehicle during the Client’s usage.
5- The credit card with which the booking is made should be presented by its holder at the moment of the vehicle deliver. The credit card holder should be a person who will be set as the contract holder, therefore, the driver of the vehicle.
6- The value of the Booking Guarantee is non refundable in case of cancelation.
7- The payment of the rented vehicle insurance, optional protection, taxes and the additional contracts that the Client may have contracted will be taken place on the local currency.
7 – RETURNING OF THE VEHICLE
1- The Client, besides having the obligation of returning the vehicle at the place, data and time established on page 1 of the contract and on perfect state of conservation, he/she commits him/herself not to abandon the vehicle. If the vehicle is abandoned, the AZORESCAR will demand the Client the payment of:
a) The amount of the renting corresponding to the necessary days for the repair of the vehicle and return g of the vehicle in conditions to be rented again;
b) A compensation in the amount of 60€ per day, related to the economical damages caused by the vehicle not working;
c) The costs of toe trucking to the set place mentioned in the contract for the returning of the vehicle;
2- AZORESCAR holds the right of legally prosecuting the Client to the rightful authorities in case of disappearing/abandoning/not returning the vehicle, being the Client the sole responsible of the judiciary and legal consequences that may occur form that, including the payment of judiciary costs, fees and taxes.
3- The rent will terminate on the day and place fixed in the contract signed by the Client.
4- The period of courtesy in returning the vehicle will be of 59 minutes, after which will be charged a fee for not retuning the vehicle.
8 – PERSONAL INFORMATION
1- Personal information of the Client are mandatory for the celebration of the contract. The Client expressly authorises AZORESCAR to proceed to the computerised treatment of his/her data. The personal data, whether the Client identification, inclusion, violation by not paying the contracted services, not returning the vehicle or using false documents, on a non complying Clients data base.
9 – CUSTOMER SERVICE
1- For any additional information, assistance or file any suggestion or complain, the Client can sent na email to email@example.com.
10 – APPLICABLE LAW AND COURT LAW
1- The renting contract is signed according to the Portuguese Laws.
2- The doubts about interpreting the clauses of the present contract, as well as any emerging questions of its applications, are of the exclusive responsibility of the Ponta Delgada Court of Law.