GENERAL TERMS AND CONDITIONS OF MOTORCYCLE, TRICYCLE, AND QUADRICYCLE/SSV- RENTAL CONTRACT
CLAUSE ONE (Parties and Object)
The contract is entered into between ASFALTO PRINCIPAL, UNIPESSOAL LDA, VAT Number 516 187 007, headquartered at Minho Center Shopping Mall, Av.ª Robert Smith, Space "E", 4715-249 Braga, as the Lessor, and the individual(s) identified in the specific conditions as "CLIENT" and as "DRIVER(S)", in case the latter is different from the "CLIENT", as the Lessee(s).
The Client and the Driver(s), if different individuals, are jointly responsible for the payment of any amounts due under this contract.
The object of this contract is the rental without driver of the vehicle described in the specific conditions and, if applicable, also includes additional equipment and the acquisition of identified supplementary services, during the period and against the payment of the price(s) referred to therein, under the terms of the following General Conditions.
This contract is governed by the provisions set forth in the specific conditions, as well as these general conditions, which the Lessee(s) declare(s) to have read and undertake(s) to comply with.
CLAUSE TWO (Commencement and Rental Period)
The contract is considered concluded on the date indicated in the specific conditions, on which the vehicle's condition is also documented through a joint physical verification conducted by the Lessor and the Lessee upon delivery.
The rental period is as specified in the specific conditions and begins on the date and time indicated therein. The Lessee should note that the minimum rental period for motorcycles and Scooters is always 48 hours, and for quadricycles/SSVs, it is always 1 hour. The maximum period for any of these, including any extensions, cannot exceed 30 days.
If the Lessee wishes to extend the rental period, they must request an extension from the Lessor for the desired duration, which cannot exceed the aforementioned maximum period of 30 days. If the Lessor approves the extension, a written agreement outlining the extension must be signed with a minimum of 24 hours' notice before the initial term expires, and payment for the additional days must be made concurrently.
Except as provided in clauses 5 and 6 of this clause, the contract ends on the date and time indicated in the specific conditions of this contract or on the date and time indicated in the last extension.
In any case, the Lessor grants the Lessee a tolerance of 59 minutes for the return of motorcycles and scooters, and 14 minutes for the return of quadricycles/SSVs, beyond the scheduled return time, waiving the right to charge any additional costs for this delay.
When the contractual term coincides with a Saturday, Sunday, or public holiday, and the designated vehicle return location is closed, the term is considered extended to the next business day.
CLAUSE THREE (Vehicle Delivery and Return)
The Lessee declares to have received the vehicle clean, equipped with all accessories, including tires in number and condition compliant with road traffic regulations, in apparent good operating condition, with the respective documents.
The Lessee further acknowledges receiving the vehicle with the fuel tank at the level indicated in the specific conditions and in the state described therein, as well as any additional equipment also listed in the specific conditions, in good condition and without any apparent defects.
The Lessee undertakes to return to the Lessor the vehicle, along with its respective documents and all accessories, as well as any additional rented equipment, in the same condition and state in which it was delivered, normal wear and tear excepted.
The return must occur on the date, time, and location specified in the specific conditions or, if applicable, in the last extension, to a representative of the Lessor duly identified.
If the vehicle is returned by the Lessee before the date and time specified in the specific conditions, the full rental period contracted will still be charged.
It is possible, subject to prior request and confirmation of availability, to arrange for delivery and return/collection outside of the Lessor's normal business hours, upon payment by the Lessee of a supplement/fee designated as "Out of Hours Service" in the Lessor's current Service Price List.
The return of the vehicle is considered completed only after the Lessor's physical inspection, under the following terms:
a) At the time of return, the condition of the fuel tank, mileage, any apparent damages, and any discrepancies from the vehicle's condition as stated in the specific conditions will be noted in a report.
b) The physical inspection of the rented vehicle may not occur immediately upon return but at a later date and time chosen by the Lessor, at the same location or within 50 km, if:
Ø The vehicle shows apparent damages requiring a more thorough assessment by professionals or indications of parts/components replacement;
Ø The condition or cleanliness of the vehicle prevents or complicates an immediate assessment of potential damages.
c) In the event described in the previous paragraph, the Lessor must notify the Lessee via text message to the mobile phone or email address provided in the specific conditions, specifying the location, date, and time of the vehicle's physical inspection, allowing the Lessee to attend, if desired, personally or through a designated representative.
d) In all situations, the Lessee is required to attend the inspection and sign the corresponding report. Signing the report without any additional comments implies acceptance of its contents. If the Lessee disagrees, in whole or in part, they must clearly and specifically state their objections in writing.
e) If the Lessee refuses to sign the inspection report or does not attend the physical inspection, the Lessor is authorized to document the inspection results in the report, signed by a Lessor representative and, whenever possible, by a witness. The documented report will then be promptly notified to the Lessee.
f) Upon detection of damages to the rented vehicle or additional rented equipment during the physical inspection, the Lessor will also provide the Lessee with corresponding photographic evidence, if available, and an estimate/budget of the respective costs, including repairs, immobilization, and any applicable penalties.
g) Upon receipt of the aforementioned documents, the Lessee has 15 consecutive days to contest the results of the physical inspection or the presented settlement of costs with the Lessor. Failure to respond within this period legitimizes the Lessor to charge the Lessee accordingly.
If the rented vehicle is not returned within 48 hours after the date and time specified in the specific conditions of this contract or in the last extension, and if the Lessor has reason to suspect it has been diverted, the Lessor may report it to the police as stolen.
CLAUSE FOUR (Vehicle Use)
Without prejudice to the following three clauses, the minimum driving age for the rental contract is 21 years, except in the following cases:
Ø Holders of Category A Driving License – authorized to drive motorcycles without engine displacement or power limit, the minimum age is 24 years;
Ø Holders of Category B Driving License – authorized to drive motorcycles up to 125cc limited to 11kw & 0.1 kw/kg, the minimum age is 25 years.
The Lessor, at its discretion, may authorize driving of the rented vehicle by individual(s) younger than 21 years old, but over 18 years old, for quadricycles/SSVs, subject to payment of a "Young Driver" supplement/fee as specified in the Lessor's current Service Price List.
It is also required that the driver(s) hold a valid driving license for driving in Portugal corresponding to the rented vehicle category, issued at least 1 year ago and not suspended.
Driving licenses issued in alphabets other than Portuguese are valid only if accompanied by an International Driving Permit or a certified translation into Portuguese.
The rented vehicle may only be driven by the Lessee or by individual(s) identified as authorized driver(s) in the specific conditions of the contract, who are also bound by all contractual conditions.
The Lessee may designate an additional driver, identified in the specific conditions, upon payment to the Lessor of an "Additional Driver" supplement/fee as specified in the Lessor's current Service Price List.
During the agreed contractual period, the Lessee is authorized to use the rented vehicle to travel a specific number of kilometers, with the maximum limit specified in the specific conditions of the contract. Extension of the authorized contractual period by the Lessor involves an adjustment of this maximum limit as follows:
Ø Motorcycles and tricycles: 1 day = 400 kms, regardless of the number of rental days;
Ø Scooters: 1 day = 150 kms, regardless of the number of rental days;
Ø Quadricycles/SSVs: 1 day = 200 Kms, regardless of the number of rental days.
The Lessee may only use the vehicle outside the Continental Territory of Portugal within the continental Schengen Area and countries covered by the International Green Card Certificate, upon prior payment to the Lessor of a "Border Crossing" supplement/fee as specified in the Lessor's current Service Price List. The Lessor may also require an increase in the deposit up to the commercial value of the vehicle.
For this purpose, the Lessee must request the Lessor's authorization at least 48 hours before the planned departure date. The Lessor's silence on the request is considered denial.
The Lessee acknowledges and accepts that the rented vehicle is equipped with an electronic toll device (commonly known as Via Verde), and undertakes to ensure its correct operation and maintenance during the rental period, regardless of whether the Via Verde Management Service (DVV) has been contracted or not.
CLAUSE FIFTH (Vehicle Maintenance and Repair)
Regular mechanical maintenance resulting from normal vehicle use is the responsibility of the Lessor.
However, it is the Lessee's responsibility to take all necessary protection measures to maintain the vehicle in the same condition as when delivered, including paying attention to any warning lights on the vehicle dashboard and conducting regular inspections of oil, water, and tire pressure, ensuring they are maintained at appropriate levels.
If any of the vehicle's tires sustain damage during the rental period, not resulting from latent defects or force majeure, the Lessee is obligated to promptly replace the damaged tire at their own expense, with a tire of the same size, type, and brand.
Upon noticing any technical problems with the vehicle, the Lessee must immediately immobilize it and contact the Lessor or, if this occurs outside of business hours, the roadside assistance service specified in the specific conditions.
In the event of a vehicle breakdown, the Lessee may only carry out repairs with the Lessor's prior written consent and always in accordance with the instructions provided by the Lessor.
Repairs carried out by the Lessee under the aforementioned terms will only be reimbursed by the Lessor if the Lessee presents an invoice issued in their name (specifying their taxpayer identification number) with a detailed description of the work performed, including labor hours and any parts replaced, along with the returned materials.
In the event of damage to the rented vehicle during the contract period, it is exclusively the Lessor's responsibility to select the entity that will undertake the repair after the vehicle is returned by the Lessee.
CLAUSE SIXTH (Other Lessee Obligations Regarding the Vehicle)
The Lessee undertakes to make normal and prudent use of the vehicle, complying with the law, especially the Road Traffic Code, and observing the usage guidelines defined by the manufacturers, ensuring, in particular:
a) the vehicle is locked and stored securely when not in use, without leaving corresponding documents inside, although they must be kept with the Lessee during use;
b) maintaining appropriate levels of oil, water, and tire pressure, which the Lessee is responsible for verifying;
c) using the appropriate fuel, which must be refueled accordingly.
The Lessee may not make any modifications or alterations to the vehicle, install accessories, or display advertisements or commercial markings on it without prior written authorization from the Lessor.
Without prejudice to the civil liability arising from such actions and subject to payment of the Maximum Deposit amount specified, the Lessee may not use the rented vehicle, nor allow it to be used:
a) by a person who is not identified and authorized in the contract or, even if authorized, does not meet the minimum age requirement or does not hold a valid driving license issued at least 1 year ago enabling them to drive the rented vehicle in Portugal or, if held, is suspended;
b) by a person under the influence of alcohol, narcotics, medications, or any other substance that directly or indirectly impairs their ability to react;
c) for transporting passengers or goods in violation of the vehicle's characteristics stated in the Single Automobile Document/Registration Certificate;
d) for transporting passengers, goods, or any other items in exchange for compensation or remuneration;
e) for transporting animals;
f) for pushing or towing any vehicle or trailer;
g) in sports competitions or training, official or otherwise;
h) on unpaved roads, in the case of motorcycles and tricycles;
i) in any area not open to public traffic and/or where vehicle movement is subject to control by public authorities;
j) outside the continental territory of Portugal, except as mentioned in clause four, paragraph 8;
k) outside the predefined routes established by the Lessor and clearly marked on the GPS equipment installed in the vehicles, except for necessary deviations due to construction or roadblocks; and,
l) to transfer the vehicle to any ferry.
The Lessee is prohibited from:
a) selling, subleasing, lending, assigning, encumbering, or otherwise using the vehicle as collateral, transforming, or modifying the vehicle, its parts, components, and tools in any way;
b) falsifying or altering in any way this contract and/or documents related to the rented vehicle, as well as any of its parts and intrinsic characteristics, including the odometer, or using them in a manner that could harm the Lessor.
CLAUSE SEVENTH (Payments and Charges)
1. The Lessee declares to have acknowledged and fully accepted the Lessor's current Service Price List, which is available to the public at its counter(s) and website.
2. The Lessee authorizes the Lessor to block a variable amount on their payment card (and, if decided, accept a cash deposit) at the time of rental, in addition to the estimated total charges. The Lessor authorizes the unblocking of the amount (or return of a cash deposit) at the end of the rental if no additional charges need to be paid. The rules of the Lessee's payment card issuer will apply to credit any amount to their account, which may not be immediately available by their card issuer.
3. The amount of charges to be borne by the Lessee is specified in the specific conditions of the contract and may only be amended by the Lessor, increasing or reducing it, if there is a justifiable reason to do so, and undertakes to notify the Lessee of such changes in the manner provided below.
4. The specific payment deadlines applicable are stated in the specific conditions.
5. In addition to what is provided in the contract, without prejudice to the insurance coverage included in the rental contract base rate, the Lessee undertakes to:
a) pay the rental price according to the current rates, including all applicable taxes and fees, within the agreed period in the specific conditions;
b) pay the rental cost of additional equipment, as well as the cost of purchasing contracted additional services, in accordance with the description in the specific conditions, and also the deposit required by the Lessor, all plus the respective taxes;
c) bear the cost of refueling the vehicle if returned with a fuel deficit compared to that detailed in the specific conditions;
d) bear the cost of repair or replacement of equipment and/or accessories of the rented vehicle, including the electronic toll device installed in it, in case of loss, total loss, or disablement;
e) bear the cost of issuing second copies of documents and/or keys related to the rented vehicle in case of loss, total loss, or disablement;
f) pay toll fees, parking fees, and all other costs associated with the use of the vehicle during the rental period;
g) pay the amount of penalties established in this contract, whenever the occurrences for which they were provided are verified;
h) indemnify the Lessor in case of accident, theft, robbery, loss, acts of vandalism or nature, or any other event that causes damage to the rented vehicle (considered those verified at the time of its return and not indicated in the specific conditions), regardless of fault or cause thereof, during the rental period. This indemnification covers all damages suffered by the vehicle assessed as follows: (i) if the Lessor determines that the vehicle damage determines its total loss, the indemnity amount corresponds to the commercial value of the vehicle as of the date of the occurrence, deducted from the salvage value; (ii) if the Lessor determines that the damages that the vehicle presents are repairable: the indemnification corresponds to the repair value, plus the depreciation of the vehicle. The indemnification also includes the amount of €150.00, due as compensation for the administrative costs incurred by the Lessor;
i) indemnify the Lessor for all damages resulting from the possible immobilization of the rented vehicle following an event attributable to it, including expenses with its towing and collection/storage; The indemnification due for compensation for the damage of the vehicle's deprivation is calculated by multiplying the daily rental rate calculated from the date on which the vehicle should be returned to the Lessor and the date of your effective repair or payment due, repairable; j) pay mora legal interest rate invoice payment date and debit note penalties.
6. The Lessee is also responsible for the payment of all judicial and extrajudicial expenses that the Lessor supports in order to obtain compliance with the provisions of this contract, including for the collection of amounts owed to it under legal or contractual terms, including the fees of an Attorney or Solicitor hired for this purpose.
7. Likewise, all expenses related to third-party services that the Lessor must resort to and other necessary expenses as a result of mere delay or definitive non-compliance with the Lessee's contractual obligations shall be borne by the Lessee, including search, towing, parking or storage of the vehicle. The expenses referred to in the two preceding numbers shall be debited by the Lessor to the Lessee, accompanied by the respective supporting documentation.
CLAUSE EIGHTH (Penalties)
1. If the vehicle is not returned on the agreed date and time, the Lessee undertakes to pay the Lessor, as a penalty clause and for each full day of delay or fraction thereof, the amount corresponding to twice the daily/hourly base rate provided for in the specific conditions for the rented vehicle, as well as the value corresponding to double the price of the contracted additional equipment and services, without prejudice to the right of the Lessor to initiate appropriate procedures for the recovery of the vehicle and reimbursement of other damages caused to it.
2. If the Lessee does not return the rented vehicle to the Lessor at the end of the stipulated period and the Lessor has to take action to find and recover it, the Lessee undertakes to indemnify it for the value of the administrative costs involved.
3. If the vehicle is not returned with the fuel deposit at the level indicated in the specific conditions, the Lessor has the right to debit and charge the Lessee for the value of the missing fuel in the tank, plus the value of the supplement/fee designated "Fuel Refueling Service" in the current Service Price List of the Lessor, except in cases where the fuel is included and duly mentioned in the specific conditions of the contract.
4. In case of refueling with fuel or other substances different from those used by the vehicle during the rental period, the Lessee is responsible for the expenses related to the full replacement of the fuel, disassembly and cleaning of the tank, engine tuning, and repair of any other damages caused to the vehicle, as well as the cost of towing.
5. If the maximum mileage limit specified in the specific conditions of the rental contract is exceeded, the Lessee undertakes to pay, for each exceeded kilometer, the amount specified in the Lessor's current Service Price List.
6. If, at the end of the contract, the Lessee does not return to the Lessor the documents and/or keys of the rented vehicle, the Lessee undertakes to pay the Lessor the respective cost, as well as, by way of compensation for the administrative costs involved, the amount of €50.00.
7. If the Lessor has to identify the Lessee to any entity due to a judicial or administrative procedure instituted regarding the use of the vehicle during the rental period, including the application of fines, the Lessee undertakes to pay the Lessor the amount of €50.00 as compensation for the administrative costs arising therefrom.
8. By way of compensation to the Lessor for the administrative expenses involved in managing each extrajudicial claims process involving the rented vehicle, the Lessee shall pay the amount of €100.00.
9. In case of breach of the provision of number 8 of the fourth clause and the occurrence of damage or mishap, the rented vehicle outside the mainland, the Lessee shall pay the Lessor the sum to be performed, to be by Locadora.
CLAUSE NINTH (Guarantee)
To guarantee compliance with the obligations arising from the rental contract, the Lessee shall provide a deposit or deductible in the amount specified in the specific conditions, which will be refunded once the vehicle is returned and all due amounts are paid.
The aforementioned deposit or deductible may be provided through a credit card (VISA or MASTERCARD) in the Lessee's name at the time of motorcycle pickup (American Express, Diners, prepaid credit card, debit card, or cash card will not be accepted). At the time of rental, an authorization (block) will be requested on the credit card via the Automatic Payment Terminal (APT) for the estimated rental charges, as well as a deposit or deductible. The card must have sufficient available funds to cover the charges during the rental period. The Lessor may also charge the credit card for all additional charges, local fees, optional equipment rented, or any other extras acquired at the counter at the time of rental. Any other method considered valid and feasible by the Lessor may be accepted.
The Lessee expressly authorizes the Lessor to fill in and charge to the aforementioned credit card the amounts due to it.
If there are outstanding amounts, the Lessor will apply the deposit in full or in part towards payment thereof, without prejudice to being able to claim judicially or extrajudicially any remaining amount that may exceed said deposit.
The Lessor will not refund the deposit provided by the Lessee when the provisions of clause 7, subparagraph b) of clause 3 above are met upon the Lessee's return of the rented vehicle.
CLAUSE TENTH (Insurance, Coverage, and Associated Additional Services)
Upon entering into the rental contract, the Lessee automatically participates as an insured party under an automobile insurance policy covering third-party liability, in the amount specified in the specific conditions of the current policy that are included in the documents accompanying the rented vehicle, and Roadside Assistance.
The Lessee may opt for Special Damage Coverage by adding additional coverage regarding liability for damages, namely: a) Base Coverage: Collision Damage Waiver & Theft Protection (CDW & TP): If the Lessee acquires CDW & TP, the liability for loss or damage to the rented vehicle is limited to the amount established in the rental contract as the minimum deductible according to the current rates. b) Intermediate Coverage: Super Collision Damage Waiver (SCDW): If the Lessee acquires SCDW, they may reduce the minimum deductible amount by 50%. The prices for this service will be applied according to the current rates, with a minimum of 5 days per rental. c) Top Coverage: Super Collision Damage Waiver+ (SCDW+): If the Lessee acquires SCDW+, they may reduce the minimum deductible amount by 75%. The prices for this service will be applied according to the current rates, with a minimum of 5 days per rental.
CDW & TP, SCDW, and SCDW+ are not insurance, are optional, and may duplicate coverage in your insurance policy or credit card.
CDW & TP, SCDW, and SCDW+ do not apply to optional equipment rented for use in the rented vehicle and do not cover lost keys.
CDW & TP, SCDW, and SCDW+ will be considered invalid, and the Lessee financially responsible for the loss or damage to the rented vehicle (i) resulting from prohibited use (defined in point 3 of clause six) or (ii) if the loss or damage was caused intentionally or by gross negligence of the Lessee, gross negligence of an authorized driver, or an unauthorized driver.
It is an essential condition to trigger the insurance, failing which it will have no effect, that the Lessee, in case of an accident, presents the Friendly Automobile Accident Declaration (DAAA) duly filled out and signed, identifying the third party responsible for the damages caused to the vehicle, if any.
The Lessee shall cooperate with the Lessor, the police authorities, and the insurance company in any investigation or subsequent legal proceedings and immediately inform of any letters, summonses, and notices related to the accident and provide full cooperation to the Lessor and the insurance company during the investigation and defense of any claim or lawsuit.
The Lessor has no obligation to provide a replacement motorcycle to the Lessee if the rented vehicle has been involved in an accident, lost, damaged, or stolen.
The exclusions that render the above-mentioned insurance ineffective are those specified in the specific conditions of the current policy included in the documents accompanying the rented vehicle.
CLAUSE ELEVENTH (Lessee's Liability)
In case of loss, damage, theft, or robbery of the motorcycle or parts thereof occurring during the rental period, the Lessee shall pay to the Lessor, upon its request and as costs and losses, including but not limited to, repair costs, depreciation, loss of rental income, towing expenses, and vehicle recovery, the amount established in our current tariff as the maximum deductible according to the rates in force.
The Lessee's liability is limited, under the terms specified below, provided that the Lessee complies with the terms of the contract and the loss or damage is not caused intentionally or by gross negligence of the Lessee, gross negligence of any authorized driver, or any unauthorized driver.
Liability for loss or damage to the motorcycle (except in cases of theft or robbery) is limited to the full amount of the maximum deductible established in the current rates. If the Lessee accepts the Collision Damage Waiver Option (hereinafter CDW) by placing their signature in the indicated space in the contract and paying the specified daily cost, their liability is limited to the amount established in the contract as the minimum deductible (see current rates).
Liability for loss or damage to the motorcycle resulting from theft or robbery thereof is limited to the full amount of the maximum deductible established in the contract. If the Lessee accepts and subscribes to the Theft Protection Option (hereinafter TP) by placing their signature in the indicated space in the contract and paying the specified daily cost, their liability is limited to the amount established in our current price list as the minimum deductible (see current rates).
CLAUSE TWELFTH (Incidents)
In case of an accident, the Lessee undertakes to:
Immediately report the incident to the police authorities so they can take note of the occurrence and produce the respective report, which the Lessee must obtain at their own expense.
Properly fill out the Friendly Automobile Accident Declaration (DAAA), without under any circumstances admitting guilt or responsibility for the accident to any third party.
Immediately call the Claims Line of the insurer identified in the green card, sending them within 24 hours a written and detailed report of the incident, the signed DAAA (in case of an accident), and subsequently, the accident/incident report issued by the police authorities.
Report the incident to the Lessor within a maximum period of 24 hours, sending them a written and detailed report with the DAAA (in case of an accident), and subsequently, the accident/incident report issued by the police authorities.
Take all reasonable measures within their reach to safeguard the Lessor's interests, including not abandoning the vehicle without taking appropriate measures to protect it and obtaining complete identification of the individuals involved and witnesses.
In case of theft, robbery, acts of vandalism, or other situations resulting in total or partial loss of the rented vehicle, the Lessee is obliged to:
Immediately report the incident to the police authorities so they can take note of the occurrence and produce the respective report, which the Lessee must obtain at their own expense.
Report the incident to the Lessor within a maximum period of 24 hours, sending them a written and detailed report with the DAAA (in case of an accident), and subsequently, the accident/incident report issued by the police authorities.
Take all reasonable measures within their reach to safeguard the Lessor's interests, including not abandoning the vehicle without taking appropriate measures to protect it and obtaining complete identification of the individuals involved and witnesses.
CLAUSE THIRTEENTH (Via Verde Management Service)
The Lessee may acquire from the Lessor the Via Verde Management Service (DVV), which ensures timely payment of toll fees due for circulation with the rented vehicle on Portuguese road infrastructures equipped with an operational electronic toll collection system, using an identifier owned by the Lessor and installed in the rented vehicle.
For contracting this service, the Lessee shall pay the Lessor the equivalent price of €1.50 + VAT per day of vehicle rental, with a maximum limit of €4.50 + VAT per rental contract.
By contracting this service, the Lessee authorizes the Lessor to make payments to the competent toll collection entities for toll fees due for passages made by the rented vehicle during the contract period and subsequently debit and charge them together with the above-mentioned service price.
The Lessee must provide a valid credit card owned by them to the Lessor for the purpose of making these charges and the service price, and expressly authorizes the Lessor to use it for this purpose, even after the contract term in cases where toll fees are only provided after that period and as long as they relate to the use of road infrastructures during its validity.
The Lessee undertakes to ensure that the bank account associated with the credit card they provided always has sufficient balance to cover all such debits to be made by the Lessor.
In case the Lessor is unable to collect payment, they will notify the Lessee to settle the outstanding payment(s) within a maximum period of 5 consecutive days after the notice.
In addition to being responsible for the proper conservation and functioning of the Via Verde identifier, the Lessee may not under any circumstances remove it from its installed location and must promptly notify the Lessor of any apparent malfunction of this equipment. With express and written authorization from the Lessor, they must also approach a Via Verde service point for its resolution.
If the Lessee does not subscribe to this service, they undertake to pay all toll fees and respective administrative costs due for the use of the rented vehicle, by themselves or any additional driver, during the contract period, and are also responsible for the consequences resulting from their non-compliance, including incurring an offense punishable by a fine under the law.
CLAUSE FOURTEENTH (Reservations and Cancellations)
All reservations and/or cancellations must be made in writing, either by email to booking@easyrider.pt or through the Locadora's website (www.easyrider.pt).
Cancellation of a confirmed reservation is free of charge if communicated within the minimum notice period indicated at the time of booking confirmation, relative to the scheduled vehicle collection time.
Cancellation of a reservation with less notice than specified in the preceding paragraph will incur a charge of 50% of the total reservation value.
If a reservation is not cancelled and the responsible party fails to appear to collect the vehicle at the agreed location and time, the reservation will be considered cancelled, and compensation equal to the total reservation value will be due.
CLAUSE FIFTEENTH (Exclusions of Lessor's Liability)
The Lessee acknowledges that the Lessor assumes no responsibility for loss, theft, robbery, or damage of any kind related to objects and/or utensils transported at any time in the rented vehicle or left therein upon its return, including baggage and/or goods.
In the event that the Lessor is required to replace the rented vehicle with another of similar or higher category during the contract period due to compelling reasons, no compensation will be due to the Lessee nor will there be an adjustment to the initially agreed price.
CLAUSE SIXTEENTH (Contract Termination)
Without prejudice to other specifically mentioned penalties, the Lessor has the right to immediately terminate the vehicle rental contract if the vehicle is used in violation of the general and specific conditions stipulated in the contract. Notification of such termination to the Lessee is sufficient for its effectiveness.
Upon termination of the contract by the Lessor, the Lessor has the right to recover the rented vehicle and any associated equipment at any time and by any means, without the need for prior communication or notice, and may also initiate applicable judicial or criminal proceedings and demand indemnities to which it is entitled under legal or contractual terms.
CLAUSE SEVENTEENTH (Agreed Domicile and Notifications)
Except for other forms of communication mentioned above, all communications between the Parties must be sent by registered mail with acknowledgment of receipt to the addresses specified in the contract's specific conditions, which the Parties acknowledge as their agreed domicile for all legal and contractual purposes.
It is presumed that all correspondence regularly sent to the agreed domiciles is received.
Any future change in the agreed domicile by either Party must be communicated to the other Party by registered mail with acknowledgment of receipt, failing which it shall not be enforceable.
CLAUSE EIGHTEENTH (Applicable Law and Jurisdiction)
This contract is governed by Portuguese law, and for the resolution of any conflicts arising from it, the Parties elect the jurisdiction of the District Court of Braga, expressly waiving any other jurisdiction that may correspond to the Lessor's registered office.
CLAUSE NINETEENTH (Policy for Collection, Processing, Privacy, and Protection of Personal Data)
The Customer and the Driver(s) who enter into the specific conditions declare that all personal data provided therein were freely, voluntarily, and consciously supplied by them within the scope and for the purposes of entering into this car rental agreement. Therefore, they expressly consent to the Lessor collecting and including these data in automated or manual files, to be processed in accordance with the following Policy for Collection, Processing, Privacy, and Protection of Personal Data:
The Lessor, ASFALTO PRINCIPAL, UNIPESSOAL LDA, identified above, is the entity responsible for processing the personal data provided by the Customer and the Driver(s) in the context of the commercial and contractual relationships established between them. The Customer and Driver(s) may contact the Lessor for any issues related to data protection, as well as to exercise their rights regarding these personal data, by sending a written request to the email address info@easyrider.pt or by registered mail to Condomínio Centro Comercial Minho Center, Av.ª Robert Smith, s/n, 4715-249 Braga.
The personal data have the following legal bases and purposes:
Execution and performance of the rental agreement: management of the contractual relationship for administrative purposes, invoicing, contacts, complaints, provision of road assistance services, clarifications, payments and collections, including the recovery of litigious credit and the enforcement of contractual or extracontractual civil liability, as well as any other actions necessary for the full compliance with the contract.
Compliance with legal duties: namely, those stipulated in the Regime do Acesso e Exercício da Atividade de Aluguer de Viaturas de Passageiros sem Condutor (Regime for Access and Exercise of the Activity of Renting Passenger Vehicles without Driver), as well as for managing motor vehicle liability insurance.
Management of fines or other types of charges: for the identification of the driver (or potential driver) with any police authority, highway concessionaire or equivalent entity, or any other entity claiming to have provided services related to the rented vehicle.
Legitimate interests of the Lessor: access to vehicle geolocation data in case of misuse, theft, robbery, or suspicion of use beyond established geographical limits.
The personal data collected and processed for the purposes outlined in the previous point 2 include: Customer's and Driver(s') names; data from their identification documents (ID card, Citizen Card, Passport, Driver's License); their taxpayer identification numbers; contacts (address, email address, telephone, mobile phone); information from the credit card provided for deposit or payment purposes. The communication of this data for the purposes outlined in the preceding point 2 constitutes a legal and contractual obligation, as well as a necessary requirement for entering into the car rental contract; failing to do so would prevent the contract from being concluded.
The personal data collected and processed for the purposes outlined in the previous point 2 have the following recipients:
The Lessor, its employees, collaborators, and service providers, including individuals or legal entities whose subcontracting is necessary to partially or fully perform the contracted services.
Other service providers, individuals or legal entities, whose subcontracting is necessary for the development of the activities pursued by the Lessor, particularly in accounting, communication and marketing, information system maintenance and IT platforms, and telecommunications operators, provided they offer sufficient security guarantees and strictly comply with applicable legislation on privacy and data protection.
All entities to which, by legal determination, communication is or becomes mandatory, including administrative, judicial, police and/or other competent authorities.
Insurance companies.
Police authorities, highway concessionaires, or equivalent entities, or any other entity claiming to have provided services related to the rented vehicle, including parking management companies, in the context of administrative offense proceedings or collection.
The personal data collected and processed with the legal bases and for the purposes outlined in the above point 2 will be retained for as long as necessary to achieve these purposes, particularly during the contract period, plus the periods of limitation and expiration of associated rights, as well as the periods established by law for compliance with legal obligations.
The data subjects whose data is collected and processed by the Lessor have the right, under the legally established terms and conditions, to request from the data controller access to their personal data, as well as their rectification or erasure, and the restriction of processing concerning the data subject, or to object to processing, as well as the right to data portability and to lodge a complaint with a supervisory authority, including the Comissão Nacional de Proteção de Dados (National Data Protection Commission). In situations where the Lessor has requested their consent, data subjects also have the right to withdraw their consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
CLAUSE TWENTIETH (Final Provisions)
The Lessee acknowledges that the vehicle provided may be equipped with a geolocation device (GPS), GPRS, or a similar tracking device, and authorizes its use by the Lessor in case of contractual breach, including theft, robbery, or exceeding agreed geographical limits.
The Lessee also acknowledges that the vehicle is equipped with an Internet-connected device (connected car), and authorizes the Lessor to send commands to it or obtain information from it through this means.
The Parties grant digitally or by any biometric, digital, or electronic means a signature with the same probative force as a written document.
Although the Lessor is not bound, by adherence or legal requirement resulting from mandatory arbitration, to any alternative dispute resolution entity, the Lessee and the Driver(s) may consult the Consumer Portal for information on this matter.
For support related to billing issues or any other matters related to rental activity, the Lessee may send an email to the email address: info@easyrider.pt.
Any amendment to the terms and conditions of the rental agreement shall only be valid and enforceable if made in writing and signed by both Parties, with explicit mention of the modified, added, or deleted clauses.
The Lessee and the Driver(s) accept the Specific and General Conditions of this Contract, as well as the policy for the collection, processing, privacy, and protection of personal data included therein, acknowledging that they were previously and properly explained to them, and they are aware of their rights and obligations, which they undertake to observe and respect.
NEED A RIDE?
C.C. Minho Center - parque inferior, Av. Robert Smith, 4715-249 Braga, Portugal
Monday - Saturday: 9:00 - 12:30 h 14:00 - 19:00 h Sunday: Closed
info@easyrider.pt
+351 253 253 085
+351 960 466 466