GENERAL TERMS AND CONDITIONS OF OUR SCOOTER RENTAL AGREEMENTS
1 CLIENT REQUIREMENTS
a) The Client must be at least 18 at the time of renting the scooter and be in possession of a valid driving license for at least one year.
b) The Client but be in possession of a driving license which is valid for the vehicle he/she intends to rent
c) The Rental Company may request that The Client perform a drive test in order to evaluate his/her driving competency.
The Rental Company may refuse to rent the vehicle if driving competency was deemed contrary to the health the and safety of The Client.
2 DELIVERY AND RETURN OF THE VEHICLE
a) The Client is obliged to return the vehicle and accompanying equipment, as well as all necessary legal documentation in good working order and in the same condition they received it upon delivery.
b) Unless stated otherwise in the Rental Agreement the vehicle is received by The Client with a full tank of the appropriate fuel and must be returned in the same condition. If the customer fails to meet this obligation, missing fuel in addition to a penalty fee will be charged in accordance with the Price List which the The Client has been made aware of at the time of signing the Rental Agreement.
c) The vehicle shall be returned at The Rental Company’s premisses or at a location agreed to in the Rental Agreement, together with all equipment, tools and documents that came with it at delivery.
d) The vehicle must be returned clean and with no personal belongings. If the vehicle is returned dirty the fee established in the Price List will be charged
3 – RENTAL PERIOD AND PAYMENT
a) The minimum rental period is 1 (one) day, corresponding to a 24 hour period, and may be as long as set out in the particular clauses of the Rental Agreement. If The Client fails to return the vehicle by the time and date set out in the agreement he will be pay an additional fee as established in item d) of this article.
b) Rental prices are calculated and submitted to The Client at the time of booking in accordance with the applicable Price List. These prices include: unlimited mileage, third-party civil liability insurance, the use of a helmet, the use of a padlock and applicable taxes
c) The rental period shall end at the time and place established in the contract. Should The Client wish to extend it, a request must be made to The Rental Company with at least 24 hours notice. The Rental Company may or may not authorise the extension. If The Rental Company does not authorise the extension in writing (via email, SMS or WhatsApp) and The Client fails to return the vehicle at the date and time set out in the Rental Agreement, the disappearance of the vehicle shall be reported to the authorities and legal actions leading to civil and criminal charges will be undertaken by The Rental Company, additionally The Client will be charged the full amount taken as a deposit/card pre-authorisation.
d) The vehicle shall be returned by The Client within The Rental Company’s opening hours, as advertised in its premisses. If the vehicle is returned later than the time set out in the Rental Agreement, The Client will be charged a fee of €20.00 for every hour of delay after the agreement return time and up to The Rental Company’s closing time, and again from opening time the following day until the effective return of the vehicle. If The Client is going to return the vehicle on a date after the Rental Agreement return date, The Rental Company shall be informed via telephone/email or whatsap before 7 pm on the end date of the Rental Agreement. Failure to do so will result in The Rental Company reporting the vehicle as disappeared to the authorities and undertaking legal actions; in addition The Client shall be charged the full amount taken as a deposit/card authorisation. If a late return of a vehicle prevents The Rental Company from meeting it’s commitment regarding a subsequent booking for which the same vehicle is needed, the full amount of the deposit/pre-authorisation will be charged as a penalty. The Rental Company will warn The Client via telephone/email/whatsap of the risk of such a situation arising.
e) Payment shall be in Euros at the time of delivery fo the vehicle and signing of Rental Agreement.
f) The Rental Company is not responsible for exchange rate differences regarding payments made by foreign clients.
g) The Rental Company will take a deposit/bank card pre-authorization amounting to two hundred euros (€200.00) per vehicle, which shall be released to The Client upon return of the vehicle, provided the vehicle and all accessory equipment are returned in the same condition they were received, together with the vehicle documents, and that vehicle is returned at the time and place specified in the Rental Agreement. Fees to be charged to The Client as a consequence of a late return or damage to the vehicle or equipment shall be paid by The Client before the deposit/pre-authorisation is released. Failure of The Client to pay such fees shall lead to The Rental Company retaining the deposit/pre-authorisation to cover such fees. h) The Client will be responsible for all damages caused to the vehicle after the signature of this agreement, except for those demonstrably caused by third-parties, who shall dully be held responsible.
4 BREACH OF Rental Agreement
a) The Rental Company reserves the right to reduce the rental period and demand the immediate return of the vehicle, on the basis of a breach of contract by The Client.
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 the Rental Agreement.
5 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 the Rental Agreement, who must always meet the same requirements as the driver in terms of age and driving licence as set out in Article 1 of the agreement.
b) The vehicle cannot be used: to transport goods in violation of the law or customs regulations, or for any other ilegal practice; for transporting passengers or goods, for paid services, to push or tow other vehicles or trailers; for sports competitions; by any person under the influence of alcohol or drugs, by any person weakened by physical fatigue or illness, to carry a greater load then allowed by its certification.
c) The vehicle may only be driven in Portugal and The Client is explicitly forbidden from driving or transporting the vehicle out of the country.
d) 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.
e) The vehicle may be equipped with a geo-location device in order to prevent theft, as well as with an electronic toll-charging device.
f) The vehicle can only be used on paved roads and must never be driven off-road. If the vehicle engine is not superior to 50CC it cannot be driven on the highway.
g) The Client is not allowed to lend, sub-let, pawn, pledge, or provide as collateral the Rental Agreement, the Vehicle, its keys, its documents, tool and additional equipment of the vehicle, or any part or piece thereof. The Client is also forbidden from treating the vehicle in any way from which harm may arise to The Rental Company, which would lead to the termination of the Agreement and any additional measures that may be appropriate, including if necessary seeking compensation for damages.
h) The Client, outside the periods in which the vehicle is being used, shall endeavour to keep the vehicle securely locked, with its additional padlock in place and not to leave inside it the vehicle documents. The Client is obliged to keep the vehicle documents and keys with him/her, and safe at all times.
i) The cost of fuel used by the vehicle during the rental period shall be covered by The Client.
6 ACCESSORIES AND EQUIPMENT
a) The Client is responsible for the good working order of all accessories provided by The Rental Company
b) If requested The Client may rent accessory equipment such as an additional helmet, a top case or a Go-Pro camera for which he may pay additional rental fees and for which additional deposit/pre-authorisations may be requested pursuant to the prices included in the Price List provided by The Rental Company and included in the Rental Agreement.
c) The Client must return all accessory and equipment in the same condition in which he received them. The Client is liable for any damages to accessories, for which fees will be charged in accordance with the Price List before release of the relevant deposit/pre-authorisation.
d) The Client is responsible for any damage, loss or theft of equipment provided, being obliged to pay the full cost thereof to The Rental Company.
7 PAYMENT OF EXPENSES
a) The Client recognises explicitly his responsibility and will pay immediately to The Rental Company the following: expenses relating to the rental period; all fines, monetary sanctions and legal expenses resulting from the direct or indirect violation of any law or regulation by The Client, or by the vehicle while under The Client’s custody, specifically as a result of any traffic offence or undue use of the vehicle, its equipment or accessories, 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.
b) The Client will also pay for small damages to the vehicle resulting from use during the
rental period; to this effect The Client will be held responsible for any damages detected upon return of the vehicle which were not included in the Rental Agreement on its start date upon joint inspection of the vehicle by Client and Rental Company. The value to be paid for such damages is specified in the Price List included in this agreement.
c) The Rental Company’s Price List, which is known to The Client and included in the Rental Agreement establishes the amounts to be paid in the following cases: costs relating to repair and damage caused by The Client, through crash, collision, overturning or others; theft or robbery; immobilisation of the vehicle for which The Client may be deemed responsible; expenses attached to obtaining new documents and/or keys for the vehicle if they are lost or become unusable while under client custody; all expenses deriving from such a situation arising; additionally The Client will be obliged to pay The Rental Company for the time during which the vehicle remains immobilised as a consequence of damages cause by The Client at a rate of twenty-five euros (€ 25.00) per day up to a maximum of one hundred euros (€100.00).
8 INSURANCE AND OTHER COVERAGES
a) The vehicle is insured pursuant to applicable Portuguese Law (third-party civil responsibility); the rental fee automatically includes insurance covering civil liability for third-parties.
b) Said coverage is guaranteed and assumed by the insurance company with which The Rental Company has subscribed the relevant insurance policy and is subject to relevant legal provisions as well as the contents of the insurance policy agreement.
c) By signing the rental Agreement The Client accepts accept to be bound by the aforementioned insurance policy.
d) The insurance policy does not cover any damages or loss suffered of baggage, goods, or personal belongings as carried in the vehicle, nor the loss or break-down, whether partial or total, of the vehicle, as a a result of theft, vandalism or traffic accident.
e) 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).
9 RESPONSIBILITY IN RELATION TO PERSONAL BELONGINGS
a)The Rental Company shall not be held responsible for the loss of objects left, kept or carried on or inside the vehicle by The Client or any other person during the rental period and until the return of the vehicle.
b)The Client is obliged to always block and lock the vehicle with the means provided by The Rental Company.
10 MODIFICATIONS TO THE Rental Agreement
Any change made to the contract shall be considered null and void unless it is in writing and signed by both parties.
11 PERSONAL DATA
a) In the terms of Law 67/98, of 26 October, The Client is informed that in compliance with the Rental Agreement and relevant legal obligations, The Rental Company will treat The Client’s personal data: Name, gender, nationality, date of birth, identity card or passport card details, driving licence details, address, telephone number, email address, dates of Rental Agreement, emergency contact for the person (in case of accident), geo-location data.
b) Collection of said data will be done directly.
c) Treatment of personal data consists in collection, recording, organising, structuring, storage, alteration, use, transmission, restriction, and erasure or destruction.
d) The Rental Company is responsible for treatment of personal data of The Client, who for all relevant matters should contact The Rental Company manger in person or via email.
e) The Client enjoys the right to access his personal data, demand correction, erasure or limitation of their treatment, the portability of said data, the right to not be subject to automated individual decisions, including profiling.
f) The Rental Company guarantees the confidentiality, integrity, and availability of The Client’s personal data as well as the confidentiality, integrity, availability and resilience of systems and services used to treat them.
g) The personal data of The Client will be communicated to the Tax and Customs Authority and Insurance Company and other necessary entities in compliance with legal obligations resulting from the relationship established by the rental Agreement, and to public and/or police and/or judicial entities if The Rental Company were so obliged legally or through a judicial decision.
h) Generally, the personal data of The Client are stored in observance of the following criteria: for the period legally required, in the case of legally obligatory information; until the request for erasure, in the event that it is legally possible.
12 RESIDENCE AND JURISDICTION
a) All notifications and summonses made within the scope of the 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.
b) The parties agree that the courts of the District of Faro will revolve any legal dispute in connection with the rental Agreement
13 APPLICABLE LAW
The rental Agreement is compliant with the requirements of Portuguese Law and is governed by it.
14 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 deEmpresas, Estrada da Penha, 8005-131 Faro, website:www.consumoalgarve.pt.