GENERAL RENTAL CONDITIONS
YOUR RENTAL CONTRACT IS REGULATED BY THE PARTICULAR CONDITIONS CONTAINED ON THE RENTAL AGREEMENT AND THE FOLLOWING GENERAL CONDITIONS AS WELL, AS BY THE PRIVACY POLICY, WHICH ARE AN INTEGRAL PART OF IT. READ IT CAREFULLY!
AUTO GREEN, MJS CAR HIRE, ALUGUER DE AUTOMOVEIS-UNIPESSOAL, LDA. (referred to as "RENTAL") rents to the lessee (hereinafter referred as "CUSTOMER") identified in the particular conditions of the Rental Agreement (hereinafter referred as "CONTRACT") the Vehicle described in it (hereinafter referred as "VEHICLE) under the terms and conditions specified below that the customer and/or authorized drivers (hereinafter referred to as "ADDITIONAL DRIVER") become aware, and with its signature it undertakes to observe and respect.
1. NECESSARY DOCUMENTATION FOR THE CONCLUSION OF THE CONTRACT
1.1 Valid driving licence of all EU countries are accepted
1.2 Driving licences printed with non-Roman alphabet must be supplemented by an international driving licence.
1.3 Credit card: internationally recognized credit cards such as: American Express, Eurocard/Mastercard, Visa and Unibanco. Prepaid cards and debit cards (Visa Electron) as well as virtual cards are not accepted.
The credit cards will only be accepted if the driver is the cardholder.
2. CAR CONSERVATION STATUS AND RETURN
2.1 The Customer declares and acknowledges that the Car subject to this contract is in good working order, without apparent defects in addition to those described in advance in the illustration of the vehicle.
2.2 The Customer acknowledges that it is his obligation to return the Car under the same conditions as was delivered to him. Documents, spare parts, accessories and equipment thereof, which are delivered to the client on this date, otherwise fees will be applied in order to replace them. *
Documents (up to 35EUR for each) keys (up to 300EUR) and other accessories depending on the replacement price.
2.3 The return of the Car must be made with the representative of AUTO GREEN who made its delivery, unless contractually stipulated the contrary.
2.4 The customer has a maximum tolerance of 30 minutes in case of delay in the return time, otherwise another extra day will be charged.
3. GENERAL VEHICLE INFORMATION
3.1 All vehicles displayed and models listed on our website are examples of similar cars that may be provided. We cannot guarantee that the brand or model of the rental vehicle will be the same as the vehicle displayed on our website when you make your online booking. Only guarantee that it will be a similar vehicle with the same characteristics.
3.2 AUTO GREEN vehicles may be equipped with devices that allow us to send commands and receive certain vehicle information, including geolocation data from a global positioning system (GPS). These devices are always connected, even when other services or other means of communication of the vehicle are turned off. We do not use this information to profile your driving behaviour.
AUTO GREEN and its partners may collect and process vehicle data about the vehicle itself, such as the level of fuel, odometric data, speed data, diagnosis and performance, accident or damage data, location and direction of travel data. We do not use this information to profile your driving behaviour. This information helps us provide our services and our collection and return of vehicles, software updates, product support, location and response to accidents, identification of missing, unreturned, suspected stolen and stolen, as can also may be requested by law enforcement authorities. We may also use this information to determine certain fees to be charged in relation to our services.
This data also helps us understand vehicle-related behaviours such as traffic patterns, fuel efficiency, vehicle use, environmental impacts and improved vehicle maintenance. We may share vehicle data with third parties who help us provide and improve our services and with law enforcement agencies and others to protect our rights or to enforce the terms and conditions of our services. To learn how we share the data we collect, see section 14 on the privacy policy and data collection.
4. CONDITIONS OF USE
4.1 The Customer must ensure that the condition of the car is okay, ensuring that the vehicle is key closed and in a safe place when not in use.
4.2 The Customer shall supply the car with the appropriate type of fuel , as well as the quantity equal to that contained in the delivery, otherwise the same shall be responsible for the costs of refuelling, costs of removing inadequate fuel in the car , and the possible repair for damage caused by inadequate supply.
4.3 The minimum driving age for the purposes of this Agreement shall be 25 years.
4.4 AUTO GREEN may refuse car rental to Customers who do not have guarantees of the proper performance of the obligations provided on the rental agreement.
4.5 AUTO GREEN may also refuse rent a car to Customers and/or Drivers identified as non-compliant by ARAC - Associação dos Industriais de Aluguer de Automóveis Sem Condutor ("ARAC") or by the competent authorities.
5. The Customer may not use or allow the use of the vehicle in the following circumstances:
(a) Transport of cargo or passengers for consideration
(b) Transport of ware, even free of charge, in breach of any legal provision;
(c) To towing and/or boosting any vehicle, trailer or other object;
d) To participate in sport events
(e) Where the driver is under the influence of alcoholic beverages, drugs or any other substance which, directly or indirectly, reduces his perception and ability to react;
(f) In violation of any traffic rules;
g) By any person other than the driver or drivers authorized under this Agreement, or, even if so, does not meet the minimum requirements required by AUTO GREEN for the rental, in relation to the age and validity of the Driving License, in which case the Customer will be directly liable to AUTO GREEN and shall indemnify that in accordance with the legal and contractual terms;
(h) Outside the Portuguese territory, without prior authorization from AUTO GREEN, if otherwise the customer may be penalized for the use of the same in foreign territory.
6. RESERVATION POLICY, EXTENSION, CANCELLATION AND EARLY RETURNS
6.1 When making the reservation in order to ensure the availability of the vehicle selected by the customer as well as the reservation, AUTO GREEN will charge a prepaid rate corresponding to 20% of the rental price
(Including fees and extras).
6.2 If the customer expresses interest in extending the rental, the customer must communicate through telephone or via email at least 24 hours before the scheduled end date of the contract in order to verify the possibility of extending.
6.3 A reservation may be cancelled prior to the start of the rental, with a 20% cancellation fee of the value of the booking. This amount will be retained and it can’t be refunded.
6.4 If the Customer decides to finish the Agreement earlier, he will have to do within the minimum period of 72 hours, the amount corresponding to the days on which he did not enjoy the vehicle (taxes included) will be partially retained as compensation, and there is no possibility of full refund of the days not enjoyed by the customer.
7. CUSTOMER RESPONSIBILITY AND CHARGES
7.1 In addition to the other provisions set in this Agreement, the Customer's obligations are also:
7.2 The
costs of replacing damaged tyres as a result of incorrect use
of the vehicle;
7.3 The cost of delivery service of the vehicle to a place other than the was planned previously on the rental contract;
7.4 The Management fee, corresponding to the administrative costs arising from claims management, as well as the costs of car during the damage repair period, which are due for each claim occurred, except in cases where it is included in the rental price and in cases where the damage does not result from the customer's fault and/or negligence, or when the damage value is less than the value set for the fee.
7.5 All expenses, fines or other charges inherent in the immobilization of the Car, when it is seized by the police authorities as a result of any unlawful acts whose liability is imputed to the Customer, including the illegal transport of goods;
7.6 All fines, judicial or extrajudicial expenses, penalties for traffic violation or violation of the law imputed to the car or customer plus the administrative cost due to drivers identification to the authorities (20EUR), during the duration of this Rental, unless they are generated by action or omission of AUTO GREEN;
7.7 All expenses, including court and attorneys' fees, to obtain payment of any amount that, under this Agreement, is responsibility of the Client.
7.8 The Customer shall be responsible to tell AUTO GREEN, after its claim, for costs and losses, including, but not limited , repair costs, depreciation, lost profits, towing and vehicle collection expenses;
7.9 For all damage caused to the Car during the rental, expressly safeguarding those damages that were already discriminated in the document of "Car Status" and also those that are duly communicated to the competent authorities in order to prove that such damage was not caused by the lessee himself.
7.10 In the event of theft, the customer will be responsible for reporting the incident to the competent authorities as well as the return of the original key to AUTO GREEN. Otherwise the customer will be responsible, including theft or loss of the car.
7.11 Without prejudice to the following paragraph, the Customer's liability for the occurrence and repair of any damages shall be limited to the maximum amount of the Excess, calculated in accordance on the table below, in force at the date of commencing of the Rental, without prejudice to the costs of towing and collecting the vehicle which are the responsibility of the Customer.
These values may change depending on the number of days arranged in the rental.
8 The Customer may limit his liability to AUTO GREEN by subscribing to the following options according to the type of vehicle and its excesses. (see table below).|
|
Insurance daily rates |
Per Rental |
||||
|
|
|
|
|
|
|
|
|
B |
|
10 EUR
|
18 EUR |
3EUR |
50EUR |
|
|
C |
10 EUR |
18 EUR |
||||
|
D,D1,D2 |
|
12 EUR |
22 EUR |
|||
|
G2,G3 |
14 EUR |
24 EUR |
5EUR |
|||
|
E, E1 |
14 EUR |
24 EUR |
||||
|
E2 |
3000EUR |
14 EUR |
24 EUR |
|||
|
G, G1 |
16 EUR |
26 EUR |
||||
|
F, F1 |
14 EUR |
24 EUR |
||||
|
I2 |
14 EUR |
24 EUR |
||||
|
H |
|
18 EUR |
28 EUR |
|
||
|
H1 |
18 EUR |
28 EUR |
||||
|
I, I1 |
20 EUR |
30 EUR |
||||
CDW – Collision damage waiver insurance, in the event of accident or damage caused to the vehicle the customer must settle the co-payment of liability corresponding to the group reserved.
SCDW Third Party Damage insurance, with no deposit required, where the renter is only liable to pay the cost of the repair or replacement in the event of: own damage to the vehicle, misfuelling, tyres, windows and locks, as well as loss of keys and documents (the cost of replacement or repair may not exceed the valeu of the excess set for the respective vehicle group).
TSCDW - Top Super Collision Damage Waiver Insurance (Full Coverage) - No Excess Fee Fully Comphreensive insurance (shock, collision, own damage) with no excess fee or additional charges.
ACDW- Safe Breaking Glass Insurance in addition to covering windows, also covers locks in case of attempted theft. By subscribing to this type of insurance the lessee is free from the responsibility of covering the possible damages.
PAI- Personal Assistance Insurance, this insurance covers medical expenses and provides the following coverage: per passenger, death or permanent disability up to 15,000.00EUR and for medical expenses 1,500.00EUR. Personal assistance insurance is usually associated with Super CDW insurance. However, it can be associated with the rental contract individually.
TRAVEL ASSISTANCE – It is the Customer's responsibility for towing and on site assistance, in case of loss or forgetfulness of the key inside the vehicle, immobilization of the vehicle due to lack of battery, exchange or lack of fuel, by flat tire, by accident whose responsibility is assigned to the Driver, and such assistance service is provided on site after the Customer's request and auto green diagnosis.
8.1 The limitations of liability provided for in the preceding issues shall not be effective, even if the Customer has subscribed to the options described, whenever there is a violation of the rules of use of the Car, intentional or negligent conduct, non-compliance with the Highway Code or whenever situations generating liability occur when the Car is not driven by the Customer or an Authorized Driver.
9. PAYMENTS
All types of payments and transactions made are subject to vat corresponding to 23% in Portugal.
9.1 The Customer declares that the minimum rental period of the Car will be 1 day, for the purposes of this Agreement, within 24 hours from the beginning of the rental and that the calculation of the total rental value will be based on the certain number of days during which the Car was in the possession of the Customer, applicable rental rate and other contracted products under this agreement.
9.2 The amounts due for the rental and other additional products and services contracted, for the repair of damage caused to the Car, the deductible due, the costs due to the costs of the rental agreement ,administrative services costs, the fees and other costs of using the E-toll service, as well as for the missing fuel in the car on the return date.
9.3 For
the purposes of the preceding paragraph, the Customer have to present a valid
credit card, through which it authorizes AUTO GREEN to carry out the payment orders
necessary for this purpose, declaring the Client its express agreement, and
AUTO GREEN will store the necessary payment information securely following all
security
rules, in the case of further and/or
additional necessity.
9.4 Any customer complaint regarding the existence or quantification of its charges must be submitted and communicated by the client to AUTO GREEN by the 30th day after receipt of the final account statement.
9.5- OTHER EXTRAS, FEES AND TAXES
a) Navigation system - the navigation system is available for an additional supplement of EUR 35.
b) Additional driver- an additional supplement is charged if the need for an additional driver is requested the same will also be entered in the rental contract upon presentation of a valid driving license. This service cost 15EUR per rental.
c) Baby and child seat- an additional supplement is charged if a baby or child sear (35EUR) is required as well as boosters (20EUR).
It is the customer's responsability to verify that they are correctly placed and secured, thus guaranteeing the safety of their child.
d) Airport fee- a airport fee is charged for deliveries and pick-ups at the airport in the amount of 15EUR.
e) Administration fee for fines- the driver is responsible for the payment of all traffic or parking fines that occurred during the rental.
An administration fee of EUR 25 will then be charged for the future identification of drivers to the competent authorities.
f) Out of hours-
pick-ups and returns outside opening hours will only be possible upon payment
of an additional fee for the provision of this service.
Vehicle pick-ups:
-Between 12:30 am and 7:00am a fee of 40EUR is applied.
-Between 7:00pm and 9:00pm a fee of 20EUR applies.
-Between 9:30pm and 12:30pm a fee of 30EUR is applied.
When selecting this service return fees are included.
If during the online booking process you select a pick-up and return time within the ranges mentioned above, the prices on the website will automatically include the respective fee.
g) Cleaning fee- In the event that the vehicle is in an unacceptable state or requires a special cleaning procedure (i.e. removal of odors, animal pollution, spillage of liquids, stains on upholstery, etc.) an additional cleaning fee up to 20EUR will be applied
e) Authorization Fee for travel outside the Portuguese territory - In the event that the customer opts for the option of leaving the Portuguese territory the client have to pay a fee in the amount of 50EUR in order to ensure proper coverage and assistance in this situation. The same service is only available and limited to Spanish territory.
10. MANAGEMENT SERVICE VIA VERDE (E-TOLL)
10.1 AUTO GREEN provides the Customer with a Via Verde (e-toll) transponder owned by the Customer, and the automatic subscription of the same, installed on the windshield of the Vehicle, being responsible for the full payment of the value of all toll fees as well as the service fees (1EUR/day) of the same imputed to the use of the Car during the rental.
10.2 For payment purposes, the Customer must provide a valid credit card, ensuring in the corresponding bank account sufficient plafond to the amounts due, and the debit of the same may occur at a time after the use of road infrastructures, accepting the Customer that the respective debts occur after the end of the Rental Agreement within a maximum of 5 days.
10.3 In accordance with the preceding paragraph, if auto green is unable to collect the amounts due for the toll fees as well as the service fees, AUTO GREEN will inform the concessionaires and/or competent authorities of the impossibility of payment, and the coercive collection of such amounts and other associated costs.
10.4 The Customer is also responsible for the correct operation and maintenance, in perfect condition, of the Via Verde (e-toll) transponder, and in no case may remove such equipment from the place where it is installed, and in case of an anomaly, go to an AUTO GREEN office for its replacement.
11. BREACH OF CONTRACT
11.1 AUTO GREEN may terminate this Agreement and regain possession of the vehicle, whenever the Customer is not in compliance with these General Conditions or any other provision arising out of this agreement or contract previously concluded.
11.2 In the event of non-compliance with the Agreement motivated by the Customer's failure to pay, AUTO GREEN shall communicate such information to the competent legal entities. For the purpose of identifying it as a non-compliant customer.
12. ACCIDENTS, THEFT, CAR THEFT
12.1 The Customer shall notify the competent authority of theft of the Car within 24 hours of its occurrence, as well as notify AUTO GREEN of such occurrence and go in person to Vilamoura AUTO GREEN head office to deliver the original car key and its declaration issued by the competent authorities.
12.2 The Customer undertakes to cooperate with AUTO GREEN and its insurers in any subsequent investigation or legal proceedings related to any of the occurrences during the rental period.
12.3 In the event of an accident, the Customer undertakes to report the occurrence to the police, to complete the respective amicable statement, assuming the veracity of the facts occurred and to sign within a maximum of 24 hours, the accident report in order to be delivered to a representative of AUTO GREEN.
12.4 The breach of the above obligations determines the customer's liability for all costs of repairing the damage resulting from the accident, or the maximum deductible, in case of theft.
12.5 In the event of an accident, AUTO GREEN shall not be liable for the personal or material damage caused to the Customer or passengers.
13. PERSONAL PROPERTY
AUTO GREEN shall not be liable to the Customer and/or the Authorized Driver and/or the passenger for the loss or material damage caused to personal property left in the Car, either during the term of this Agreement or after its expiry.
14. COMPETENT FORUM AND ALTERNATIVE DISPUTE RESOLUTION
14.1 In the event of a dispute, AUTO GREEN and the client are both subject to and accept the fora of the District of Loulé, with express waiver of any other.
Consumers may also, under art.18 of Law 144/2015 in case of dispute, appeal to the following Alternative Consumer Dispute Resolution Entity: CIMAAL- CIMAAL- Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve – Address: Ninho de Empresas Building, Estrada da Penha 8005-131 FARO- Telef: +351 289 823 135 – Email: info@consumoalgarve.pt
- Web: www.consumoalgarve.pt more information in www.consumidor.pt
14.2 Without prejudice to the above paragraph, the Customer may submit his Complaint to AUTO GREEN in the Physical Complaints Book available on its premises, or through the Electronic Complaints Book, available at https://www.livroreclamacoes.pt/inicio
15. DATA PROTECTION / DATA PROTECTION
15.1 AUTO GREEN, as the controller of the data, may use your personal data (and the personal data of any Authorized Driver) collected in this rental agreement or any related contract or service ("Customer's Personal Data") and treat them for the following purposes:
· To manage the rental and the business relationship, communicate with the Client or assist him during the rental;
· Use the information provided by the Customer or the Authorized Driver for verification and confirmation with credit agencies or other sources.
· To store Customer's Personal Data that relates to any incident involving the Customer or the Authorized Driver in cases where, as a result of such incident, if it considers that there may be a risk for future rental contracts, in which case, including, the data may be communicated to ARAC for the purpose of inclusion in the database of non-compliant customers;
· To comply with other legal obligations as well as to transmit to credit recovery companies in case of non-compliance with the Rental Agreement.
15.2. AUTO GREEN retains Customer's Personal Data for certain periods of time or in compliance with legal or political provisions to that effect. The data collected for a particular purpose will only be used for that same purpose and, after the required period of time, will no longer be stored when purpose is fulfilled. Inactive personal data may, however, continue to be used only for statistical, marketing, file and other analytical purposes.
15.3 The Customer has the right to: access and request the portability of his/her personal data; rectify your personal data (in cases where it is incorrect or incomplete); erase your personal data when AUTO GREEN no longer has legitimate reasons to maintain its processing; limit the processing of your personal data; to owe the processing of personal data made by AUTO GREEN in certain circumstances; and lodge a complaint with the supervisory authority.
15.4 If
the Customer has any doubts regarding the use of his/her Personal data