YOUR RENTAL AGREEMENT IS GOVERNED BY THE FOLLOWING GENERAL CONDITIONS:
TRANSPARENTCAPRICE LDA, company 517840642 with NIPC, registered address Avenida do Bessa, Nº 158, 9 ECD, Porto, na freguesia de Ramalde, concelho de Porto, (from now on referred to as LESSOR), rents the motor vehicle (“Vehicle”), identified in the particular conditions of the rental contract (“Contract”), to the Customer also identified in the particular conditions of the agreement (from now on referred to as LESSEE) in the following assumptions, terms and conditions:
1- MEMBERSHIP CONDITIONS
1.1- Only any capable natural person over 25 (twenty-five) years of age, holding the respective motor vehicle driving license, will be admitted as LESSEE under the LESSOR policy.
1.2- Any natural person aged between 18 and 25 may also be admitted as a LESSEE, subject to a special fee and other conditions defined by the LESSOR.
1.3- The LESSOR reserves the right to refuse as LESSEE if any fact occurs prior to or simultaneously with the beginning of the contract that could compromise the effective exercise of driving.
2- RESERVATION AND CANCELLATION POLICY
1.1- Reservations for any vehicle made available by the LESSOR can be made in person or on the respective website.
1.2 – Following the confirmation of the vehicle reservation, the LESSEE can cancel the reservation at no extra cost, given that the LESSOR receives notification of the cancellation at least 24 hours before the scheduled start time of the reservation.
1.3- After the period set out in the previous paragraph, cancellation will be possible upon payment of a cancellation fee corresponding to the vehicle’s daily rate (excluding discounts), defined by the LESSOR.
1.4- For the purposes of the provisions of the previous paragraph, the LESSEE must send the cancellation request in writing to the LESSOR.
3- VEHICLE DELIVERY AND RETURN
3.1- This contract is concluded for the period indicated in the respective rental contract, starting from the day and time of delivery of the vehicle to the LESSEE and ending on the day and time of returning the vehicle to the LESSOR.
3.2- The LESSEE, upon delivery of the vehicle by the LESSOR, will sign a receipt document declaring that he received it under the conditions of use and cleanliness, duly attested, with the respective accessories, as well as providing the respective documents for its circulation.
3.3- The vehicle will be returned within the indicated period, on the agreed date and time, and at a location indicated by the LESSOR, under the penalty of the LESSEE being responsible for the delay in its delivery, unless an extension of the contractual period is agreed, under the conditions and rates in force by the LESSOR.
3.4- The extension of the rental requires express agreement between the parties.
3.5- For the purposes of the previous clause, the LESSEE sends a written request to the LESSOR to this effect at least 24 hours before the date and time of the end of the current contract.
3.6- The LESSOR will communicate, in writing, the conditions, including price, if it accepts the extension requested by the LESSEE. If the LESSOR remains silent within this period, the extension request will be considered unaccepted, and the vehicle must be returned by the LESSEE, under the conditions stipulated in the contract.
3.7- If the vehicle is not returned on the agreed date, the LESSEE undertakes to pay the LESSOR, as a penalty clause, for each day, whole or fraction, an amount calculated based on double the daily rate for the rented vehicle;
3.8- The LESSOR is also required to initiate the civil and/or criminal legal proceedings necessary to recover the vehicle and compensate for the losses suffered.
3.9- If the vehicle is delivered by the LESSEE to a location other than that agreed upon, there will be mileage compensation or a return supplement in accordance with the rates in force corresponding to the distance between the location where the vehicle is located and the place of origin.
3.10- The vehicle must be delivered in the same conditions in which it was received by the LESSEE, in full condition and cleanliness.
4- USE OF THE VEHICLE
4.1- The LESSEE must make normal and prudent use of the vehicle within the purposes for which it is intended, being responsible for any damages resulting from its improper use, including damage caused to the vehicle, except those inherent to normal and prudent use.
4.2- The LESSEE is obliged to follow the instructions for using the vehicle, namely those communicated to him by the lessor and also all those that result from normal use of the vehicle, including the manufacturer’s instructions.
4.3- The LESSEE special duties, among others that may be related or related to the economic and social purpose of this contract, are: a) ensure the proper parking of the vehicle, in a proper location and fully locked; b) check oil and water levels before starting to drive; c) check the operation of all headlights; d) calibrate the tire pressure in accordance with the manufacturer’s instruction manual; e) use the appropriate fuel in accordance with the car’s technical data sheet; f) ensure communication with the LESSOR of any event that may influence or affect its normal use; g) ensure the cleanliness of the vehicle; h) do not transport any objects that could damage the vehicle; i) ensure that the vehicle is not used with excess load or passengers.
4.4- The use of the vehicle is expressly prohibited from:
a) Transport of passengers or cargo for consideration, except in the case of commercial vehicles; transport of flammable, corrosive, or explosive products; transport of animals;
c) To propel or tow any vehicle, trailer, or other object;
d) Participate in any sporting or motorized activity, competitive or amateur;
e) Driving under the influence of alcoholic beverages, drugs, or any other substance that reduces your perception or ability to react;
f) Anyone who does not meet the rental requirements stipulated by the lessor’s policy;
h) Any other person who is not an authorized driver or does not meet the minimum requirements required by the rental company in terms of age and a valid driving license.
k) Driving outside the island where the vehicle was rented;
m) Driving in areas not authorized for road traffic.
l) Sublease;
4.5- The use of the vehicle in violation of the provisions of the contract, especially the provisions of the previous paragraphs, gives the LESSOR the right to terminate the rental contract and remove the vehicle from the lessor’s possession without prior notice, as well as initiate legal proceedings or criminal offenses that may arise and demand the compensation to which, under legal or contractual terms, you are entitled, with optional insurance and any additional contracted services remaining without any effect.
5- PAYMENTS
5.1- Upon signing the rental contract, the LESSEE is obliged to pay the lessor the following amounts:
a) Price due for the rental of the vehicle, corresponding to the rental period and the days used, calculated in accordance with the tariff in force and specified in the respective contract;
b) Amount relating to the deposit if it is necessary[1] [2] [3] to guarantee compliance with obligations arising from the contract, under terms to be defined by the lessor according to the type of vehicle and duration of the contract,
c) Value of optional insurance or complementary services contracted under the terms of the following article, in accordance with what is described in the contract or in a document attached to it, as well as the minimum deductible when applicable.
5.2- Without prejudice to the provisions of the previous paragraph, the LESSEE is also responsible for the following costs:
a) Cost of excess use of the vehicle, under the terms and rates in force by the LESSOR;
b) Administrative expenses due to the loss of vehicle documents;
c) The amount due for the vehicle refueling service, whenever it is returned at the end of the rental with a lower fuel level than on the delivery date,
d) Penalty rates for late cancellation or cancellation outside the defined terms and conditions.
d) Extraordinary cleaning service of the vehicle, if necessary;
e) Judicial and extrajudicial expenses, fines, and other pecuniary sanctions, whatever their nature, resulting from the violation of any legal rule attributable to the lessee during the rental period;
f) Administrative expenses for identifying the driver to the authorities;
g) Expenses and costs incurred by the lessor to obtain compliance by the lessee with the provisions of the contract, namely the collection of amounts due under the legally stipulated terms;
6- INSURANCE
6.1- All of the LESSOR’S vehicles are covered by compulsory civil liability insurance towards third parties, with minimum coverage capital defined by current applicable legislation.
6.2- With the signing of the rental contract, base insurance insurance is also included in the rental price, which includes:
- The excess is calculated according to the insurance conditions for the vehicle being rented – 2% of the assessed value of the vehicle as determined by the insurance company .
- Coverage for the loss or theft of the vehicle.
- Coverage against vandalism
- Coverage for damage to the upper and lower parts of the vehicle.
- Coverage against natural catastrophes (with potential deductible)
6.3- The lessor can contract the following additional coverage services, namely:
PREMIUM
Complete insurance package for an additional fee, as per the current information on the official website. Everything included in the Basic rates
- Zero-level franchise
6.4- The coverage of the insurance will only be valid during the period agreed in the contract, unless there is an extension of this in accordance with these general conditions, with the LESSOR declining any and all responsibility for accidents caused or that may be caused by the LESSEE beyond the rental period, being the sole and exclusive responsible for the same.
6.5- The contracted or applicable insurance will not produce the respective effects in the case of liable action by the LESSEE, or the driver, in producing or worsening the damage, namely due to negligent driving, misuse of the vehicle, violation of driving rules, or driving under the influence of alcohol or psychotropic substances;
7- MAINTENANCE AND REPAIRS
7.1- Regular mechanical maintenance arising from the normal use of the vehicle is the responsibility of the LESSOR, which will ensure that the vehicle is brought back into compliance, if possible, or will provide the lessor with the respective replacement vehicle within the agreed contractual period.
7.2- If the LESSEE becomes aware of the existence of any mechanical problem in the vehicle, the lessee undertakes to immobilize it immediately and to contact the lessor, refraining from any action unless this is consented to by the lessee and acting in accordance with the instructions given by the lessee.
7.3- In case the vehicle becomes immobilized, the LESSEE must immediately contact the assistance service indicated in the contract and can only carry out repairs with the prior written consent of the LESSOR and in accordance with the instructions transmitted.
8- ACCIDENTS, DAMAGES AND THEFT
8.1- In the event of an accident, the LESSEE must:
a) immediately inform the LESSOR of the occurrence; b) call the police authorities to the scene; c) not abandon the vehicle, if applicable, without taking appropriate measures to protect and safeguard it; d) complete the respective friendly declaration and collect all information about the accident; e) forward all documentation to the LESSOR; f) not assume, in whole or in part, any position regarding responsibility for verifying the accident towards third parties; f) cooperate with the LESSOR in any due diligence or legal proceedings that may take place.
8.2- Failure to comply with these obligations may result in the loss of insurance coverage, with the LESSEE being fully responsible for all damages and losses incurred by the LESSOR as a result.
9- APPLICABLE LAW, AGREEMENT DOMICILE, AND JURISDICTION
9.1- The contract celebrated between the contract parties is made in accordance with the laws of the country in which it is signed and is governed by them.
9.2- Any and all changes to the terms and conditions of the contract that have not been agreed in writing are null and void and will not produce any effect.
9.3- All notifications to be made under the contract must be sent to the addresses stated therein, which the parties recognize should be considered their agreed domicile, for all legal purposes, and they are obliged to communicate any changes to the other party.
9.4- Unless otherwise provided by law, the parties agree to establish the Funchal district court to resolve any conflicts arising therefrom, to the express exclusion of any other.
10- DECLARATIONS
10.1- The LESSEE acknowledges that all clauses contained in this contract were expressly communicated and explained to him and that he was aware of them when signing the rental contract.
10.2- The LESSEE hereby waives and excludes the possibility of invoking in the future any vicissitudes leading to the omission of the duty of information and communication by the LESSOR, under the terms and for the purposes legally foreseen.
11- PERSONAL DATA
11.1- The LESSEE consents and accepts the collection and processing of their personal data by the LESSOR or by an entity competent to do so, in accordance with personal data protection legislation, under the terms set out below.
11.2- The LESSEE data collected under the conclusion of the Contract and processed by the LESSOR are essential to the contractual relationship between both parties; its omission or inaccuracy is the sole and entire responsibility of the LESSEE.
11.3- The LESSEE personal data will be processed and stored electronically, in accordance with the provisions of applicable legislation, and are intended to be used by the LESSOR within the scope of the contractual relationship with the LESSEE.
11.4- The LESSOR is considered the entity responsible for the processing of personal data provided within the scope of the contract.
11.5- The LESSOR will retain the personal data processed for the period necessary to provide services and comply with any legal obligations.