GENERAL TERMS AND CONDITIONS OF OUR SCOOTER RENTAL AGREEMENTS
1. RECEIVING AND RETURNING THE VEHICLE
A)The Client receives the vehicle in good working order and in good overall condition, together with helmet, keys, documents, and any extras that are included in the particular conditions above such as top case or additional helmet.
B) Client and Rental Company will inspect the vehicle together before departure and the Client will receive via email together with this contract a photographic record showing the clearly visible damages that the vehicle displays at the start of the contract period.
C) The client will return the vehicle and all items in the same state he received them and will be liable for any damages that were not present when received unless the client can prove that a third-party is responsible.
D) In the event of an accident resulting in superficial damages to the scooter the Client shall pay whatever amount is due to the Rental company immediately.
E) The Client forfeits any right to the use of the scooter during the contract rental period after an accident leading to vehicle immobilisation for repair and for which the client cannot prove that a third-party is responsible. In such a case the client will pay additionally 20€ per day the scooter is immobilised up to a maximum of €100. Conversely the client will be able to deduct from the total cost of the damages any unused days on the contract at the rate that applies to those specific days (not an average of the contract period). If the Client has contracted an excess insurance, the immobilisation fee will be 10€ per day, up to a maximum of €50. If the client can prove that a third-party was responsible for the accident, and wishes to continue with the contract, the Rental Company shall endeavour to provide another scooter for the client, if one is available, or return the money for outstanding days on the contract if it is not.
F) The client receives the vehicle with a full tank of petrol (gasolina 95) and should return it with a full tank.
G) The client receives a clean vehicle and shall return it reasonably clean.
H) The client will return the vehicle at the Rental Company’s premisses at the time established in this contract.
I) This contract includes 3rd party liability insurance which does not cover damages, loss, or theft of the vehicle, accessories or extras provided, or personal belongings, for which the client is responsible for the duration of this contract. The contract also includes occupant insurance if the driver is 25 or over.
J) Damages to the vehicle, missing items, very dirty vehicle, non-full fuel tank, and/or late return will be charged by the Rental Company to the Client in accordance with the price list above. Damages not covered by said list will be paid in accordance with the invoice provided by the Rental Company’s mechanic.
K) Purchasing a Collision Damage Waiver (CDW) as an extra included in this contract will limit the Client’s liability for damages, (not for theft or loss), to €100 for 50CC scooters and €200 for 125 CC scooters. If the customer is found to be in breach of this Rental Agreement, including in violation of Portuguese traffic regulation (código da estrada) at the time in which damages occur, the CDW will not apply and full cost of damages will be charged to the Client by the Rental Company.
L) If the Client wishes to extend the contract he must make a request in due time (at least two hours before) return time of the vehicle. The Rental Company may or may not extend the Contract. The Contract can only be understood by the Client as extended if an email confirmation is received.
M) The Rental Company will block (pre-authorisation) €200 on the client’s bank account for 50CC scooter rentals, or €300 for 125 CC scooter rentals. The Client can also hand-over this deposit in cash. This amount shall be released/ returned upon return of the vehicle after verifying that no penalty is due. Should the Client be liable to pay any penalty to the Rental Company the deposit will be released/ returned after said payment. Should the amount owed by the Client after the rental be superior to the amount of the deposit, the Client will still be liable to pay the amount pending in accordance with clause J above.
2. USE OF THE VEHICLE
A) The vehicle is to be driven only by The Client or by an additional driver dully authorised in the particular clauses of this Rental Agreement
B) The vehicle can only be used on paved roads and must never be driven off-road, except those explicitly authorised tracks (Bordeira-Amado coastal, Chabouco-Vale Figueiras, and Amoreira-Careagem-Rogil.
C) Driving on toll roads (A22 or others) is also explicitly prohibited.
D) The vehicle may only be driven in Portugal and The Client is explicitly forbidden from driving or transporting the vehicle out of the country.
E) The Client and any additional driver must at all times meet all obligations contained in the Portuguese Road Code (Codigo da Estrada) in force in Portugal, of which they are aware.
F) The Client, outside the periods in which the vehicle is being used, shall endeavour to keep the vehicle securely locked, with its padlock in place
G) The Client recognises explicitly his responsibility and will pay immediately to The Rental Company the following: Expenses relating to the rental period such as fines, monetary sanctions and legal expenses resulting from the direct or indirect violation of any law or regulation by The Client, even if such misuse and expenses only become known to The Rental Company after the vehicle is returned; all other expenses, including legal costs and lawyers fees, which The Rental Company may incur in order to obtain payment of any amount owed by The Client will also be paid by the Client.
H) In case of accident The Client is obliged to proceed cumulatively as follows: Write down the addresses and names of parties involved and witnesses, to not admit to responsibility, to not abandon the vehicle without taking adequate measures to protect it, to immediately call The Rental Company, even in the case of minor injuries and to provide The Rental Company within 24 hours with a complete description of the relevant facts; to notify the police immediately if third-party responsibility is established or in the case of injury (phone number: 112).
3. BREACH OF RENTAL AGREEMENT
A) The Rental Company reserves the right to terminate this Rental Agreement and demand the immediate return of the vehicle following a breach of contract by The Client. In such a situation the Client forfeits the right to claim the return of any amount of money paid.
B) If The Client is found to have provided false information, specifically in relation to their identity, residence or validity of driving license, The Rental Company reserves the right to hold The Client responsible for any costs and damages that may arise as a result of such false information and to report it to the competent authorities.
C) Notwithstanding the fees established in this agreement and the corresponding Price List, The Rental Company reserves the right to demand compensation, in the general terms of the law, for demonstrable harm resulting from a breach of this Rental Agreement.
4. RESIDENCE AND JURISDICTION
A) All notifications and summonses made within the scope of this Rental Agreement will be sent to the addresses included herein, which both parties recognise as their official residence for all legal matters and of which they undertake to communicate in writing to the other party any modification.
The parties agree that the courts of the District of Faro will revolve any legal dispute in connection with this Rental Agreement
5. APPLICABLE LAW
A) This Rental Agreement is compliant with the requirements of Portuguese Law and is governed by it.
6. EXTRAJUDICIAL DISPUTE RESOLUTION
A)Pursuant to Article 18 of Law 144/2015 o 8 September, altered by Decree-Law 102/2017 of 23 August and Law 14/2019 of 12 February, for the resolution of consumer disputes, the consumer may resort to the following alternative dispute resolution entity: Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve (Algarve Center for Information, Mediation and Arbitration of Consumer Disputes), headquartered at Edifício Ninho de
Empresas, Estrada da Penha, 8005-131 Faro, website:www.consumoalgarve.pt.