Atlantisrent - Rent-a-Car. (hereinafter Rental Company) hereby rents the vehicle (including any replacement vehicle) identified in this agreement subject to the terms and conditions set out namely on the agreement.
This document includes all the terms of the rental agreement executed between Rental Company and the Renter, the latter having read the said agreement carefully. If the Renter fails to understand any of the provisions contained herein, he should request due clarification from Rental Company agent dealing with his rental.
1. DELIVERY AND RETURN
The Renter acknowledges that the vehicle is in good overall condition and without apparent defects. The Renter undertakes to return the vehicle in the same condition in which he received it, along with any documents, spare parts and accessories at the location and on the date specified in the agreement. Should the vehicle be used in breach of the provisions of the agreement, Rental Company may terminate the agreement and repossess the vehicle at any time without demand, at Renter's expense.
2. RENTER'S RESPONSIBILITY
a) Notwithstanding the provisions contained in 2 b), (i) and (ii), in the event of any loss or damage to, theft or robbery of the vehicle or parts thereof while on rental, Renter shall pay Rental Company on demand the amount of all costs and losses including, without Iimitation, repair costs, depreciation, loss of renting revenues, towing and vehicle collection expenses, the amount established in our current tariff as the maximum non-waivable excess (ask for price list at the counter);
b) The Renter limits his or hers responsibility under the terms set out below provided that he or she complies with the terms hereof and that the loss or damage has not been caused intentionally or by gross negligence of the Renter, by gross negligence of any authorised driver or by any unauthrorised driver;
(i) Responsibility for any loss or damage caused to the vehicle (excluding theft and robbery) is limited to the total value of the maximum non-waivable excess established in Rental Company current price list. Should the Renter accept the Collision Damage Waiver (hereinafter CDW) by initialing the space provided for this purpose on the first page hereof and paying the daily fee specified for this purpose, he shall be solely held responsible for the stated in the agreement as the minimum non-waivable excess (ask for price list at the counter);
(ii) Responsibility for loss of, or damages to, the vehicle deriving from theft or robbery thereof is limited to the total value of the maximum non-waivable excess established in Rental Company current tariff. Should the Renter agree to subscribe the Theft Protection Waiver (hereinafter TP) by initialing the space provided for this purpose on the first page hereof and paying the daily fee specified for this purpose, he shall be solely held responsible for the amount established in Rental Company current price list as the minimum no-waivable excess (ask for price list at the counter);
c) The Renter, that has accepted the CDW and/or TP protections, has the possibility to reduce the Minimum Excess Charge by accepting an additional daily charge (ask for price list at the counter); d) If the rented vehicle is a van, the Renter shall be held entirely responsible for any damages caused
to the upper half of the vehicle owing to the crash thereof in a tunnel, bridge, tree, garage or suspended objects, regardless of wether CDW or SDW protections have been subscribed.
3. RENTAL COMPANY'S RESPONSIBILITY
Rental Company shall not be held responsible for any loss or damage suffered by the Renter except in the event of gross negligence on Rental Company part. None of the contents thereof shall exclude or restrict Rental Company’s responsibility in the event of the death or bodily harm deriving from negligence or any other responsibility which cannot be legally excluded.
Any costs referred to in this agreement are calculated in accordance with Rental Company current price list and based on the use of the vehicle by the Renter in accordance with what is hereby specified.
The Renter agrees to pay or reimburse Rental Company for the following sums on demand:
a) Vehicle rental in addition to any other additional costs such as CDW, TP or SDW protections; extra drivers; delivery and collection; “rent it here/leave it there” hire; airport charge; cleaning (see Washing & Cleaning Chart); child seats, chairs & boosters; out of hours services and taxes. The price of the services and extras mentioned previously are available on the price list at the counter. The minimum rental period is one day. One day's rental consists of a 24-hour period as from the start of the rental. Should the Renter return the vehicle to Rental Company more than 29 minutes after the anticipated return time, Rental Company reserves the right to charge the Renter for an extra day's rental at the applicable daily rate;
b) Any costs to be borne by the Renter under the terms of Clause 2 or any charge concerning Road Tax Fee;
c) Costs refering to missing fuel in the event that the vehicle is returned without having been tanked up first, unless the Renter has taken the Fuel Purchase Option at the time of the rental;
d) Costs incurred in respect of the issuing of the vehicle's documentation if it has been misplaced or lost by the Renter;
e) The towing service to the nearest Rental Company station, regardless of whether the Renter has subscribed the CDW or SDW options or not, except for situations of immobilization under the responsibility of Rental Company;
f) Applicable taxes at prevailing rates;
g) Should the Renter fail to make the payment due, a penalty interest at the legal rate in force will be charged in addition to such other costs as established in the agreement. No formal notification is required to this end;
h) Damage caused to tyres other than that deriving from the normal use or accidental punctures, regardless of whether the Renter has subscribed the CDW or SDW options or not;
i) Any expenditure incurred including those of immobilizing the vehicle in the event of seizure by the police authorities due to the carriage of iIIegal goods.
Rental Company shall be notified of any claim or objections raised in respect of the aforementioned costs no later than 30 days after receipt of the final statement of account. Once this period has elapsed, the said statement shall be deemed to be final.
Renter agrees to have the rental costs and others who directly or indirectly relate to the vehicle’s rental debited to the credit card account provided at the beginning of the rental, even after the return of the vehicle and in accordance with Rental Company Standard Terms and Conditions of Rental.
5. VIOLATION OF TRAFFIC RULES
During the rental period the renter is held entirely responsible for any fines and/or penalties resulting from the violation of any traffic, parking and toll regulations, and for any inconvenience or responsibility deriving from them. Together with the amount of the fines and/or penalties, Rental Company will also charge an administrative charge (see price list at the counter) should there be any such fines and/or penalties during the vehicle rental period.
6. CONDITIONS OF USE
The Renter shall take good care of the vehicle, ensuring that it is securely locked and kept in a safe place when not in use. He shall furthermore use the correct fuel, connect and deploy any security device installed in the vehicle, insofar as such device exists.
The Renter shall not use nor allow the use of the vehicle:
a) To carry passengers or cargo for remuneration, except in the case of vans; b) To propel or tow any vehicle, trailer or other object;
c) To participate in any race, rally, trial or other type of competition;
d) If the driver is under the influence of alcohol, drugs or any other substance affecting his perception
e) In breach of traffic regulations;
f) Should the Renter fail to meet the basic requirements established in Rental Company price list as regards age and valid driving license;
g) By another person who is not an authorised driver or an authorised driver who fails to meet Rental Company basic requirements in respect of age and the possession of a valid driving license. ln such cases the Renter is also responsible for the use of the vehicle and will be required to indemnity Rental Company under the terms hereof;
h) To drive or be driven in countries who are not members of the EU also including Bulgaria and Romania, with the exception of Switzerland and Norway;
i) For sub-renting;
j) To be driven in restricted areas, particularly on airport runways, airport service roads and adjoining
k) Regardless of the insurance coverage chosen, the Renter is entirely responsible for any damages
and losses made to the rental vehicle, when driven outside the authorised territories as per subtitle h) above.
Rental Company provides insurance coverage for persons using vehicle with its permission (and not otherwise) in accordance with an automobile civil liability insurance policy which can be examined at Rental Company registered office if so required by the Renter. The referred policy meets all applicable legal requirements and provides cover for the owner, Renter and/or any authorised driver in respect of any legal claims brought by third parties arising from personal injuries or material damage deriving from the use of the vehicle. The terms of the insurance policy including territorial restrictions are incorporated as an integral part of the agreement.
Any accident, loss, damage or theft must be reported immediately to the police and to Rental Company within the maximum period of 24 hours Renter undertakes to complete an Agreed Statement of Facts on Motorway Vehicle Accident form to be found in the vehicle as well as to complete and sign the accident or theft report from at the nearest Rental Company station, otherwise the CDW, TP or SDW options shall be deemed null void. Renter undertakes to co-operate with Rental Company and its insurers in respect of any subsequent investigation or legal proceedings.
9. PERSONAL ACCIDENT INSURANCE
Renter may subscribe a Personal Accident Insurance (hereinafter PAI), by initialing the space provide for this purpose on the rental agreement and by paying the applicable insurance premium. AIl terms and conditions are included in the main policy, in the possession of Rental Company, which is available upon request of the Renter.
10. YOUNG DRIVERS
Minimum drivers age is 25 years, although Rental Company may implement a young drivers surcharge as specified in the applicable price Iist at time of rental, for drivers between the ages of 21 to 24 years old.
11. PERSONAL BELONGINGS
Rental Company is not responsible vis-à-vis the Renter or any passenger for the loss of, or material damage caused to, personal belongings kept in the vehicle during the rental period or thereafter.
12. OPTION FOR PAYMENT WITH CURRENCY CONVERSION CHARGE
For the convenience of the Renter which pays with a foreigner credit card, Rental Company offers the option of payment being made in the currency where the credit card has been issued, being applicable the daily rate of exchange, plus a fee of 3% of the invoice’s amount. This fee will replace the currency conversion administration fee that would be charged by the credit card issuer if the payment was executed in the local currency of the country of the rental (Euros). The chosen option will be indicated by the Renter in the Rental Agreement and considered final and bidding, being applicable at time of payment without any additional consultation.
13. e-TOLL SERVICE
The Rental Company Statement of Responsability for the e-Toll Service is considered an integral part of the rental agreement and its signature is mandatory by the Renter, which is free to accept or decline the Service by sgnalling the respective option of Statement of Responsability. Should the Renter choose to accept the Service, the Renter shall pay Rental Company the daily amount mentioned in the pricelist available at the counter.
14. APPLICABLE LAW AND DISPUTE RESOLUTION
This agreement is subject to Portuguese law. In case of dispute, the consumer may resort to an Entity of Consumer ́s Alternative Dispute Resolution, having all the information regarding such entities available on the back of this document, or to a court. The establishing parties deem that the Courts of the District of Lisbon shall have jurisdiction, with express waiver to any other.
15. PERSONAL DATA
The Renter authorizes Rental Company to the computer storage and processing of the personal data provided in this rental agreement and to the communication of such information between the Rental Company group of companies and its business partners, for the same collection purposes including statistical analysis, marketing, customer satisfaction surveys, marketing of Rental Company products, and credit control.
In the event of breach of the present agreement by the Renter, his or hers personal data may be disclosed to third parties to the extent necessary to assist in the recovery of the losses caused by the breach.The Renter was informed that he/she may exercise over his or hers personal data the right established by law, namely the right to access, rectify, update or modify and the right to oppose to the release of its personal data for marketing purposes or any other form of prospecting, by sending a registered letter to the address: Rua Santa Catarina, 1008 - 4000-447 Porto or to the email email@example.com
Under article 6o of the Personal Data Protection Law, (Law n.o 67/98, dated 28th October), the Renter expressly authorises that in the event of a breach of the present agreement by lack of payment Rental Company may disclose his/hers personal data to ARAC ( Associação dos Industriais de Aluguer de Veículos Automóveis Sem Condutor) to be included in the data base in case of a default and to the subsequent disclosure of the said between the associated companies.