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. PLEASE 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 they abide and respect.
1. NECESSARY DOCUMENTATION FOR THE COMPLETION OF THE CONTRACT
1.1 Valid driving licence of all EU countries is accepted
1.2 Driving licences printed with non-Roman alphabet must be supplemented by an international driving licence.
1.3 Credit card: internationally recognized physical 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 Vehicle subject to this contract is in good working order, without apparent defects (taking in consideration those that will be described on the illustration of the vehicle, included on the Contract).
2.2 The Customer acknowledges that it is their obligation to return the Car under the same conditions as it was delivered to them. The customer will be liable and responsable for full payment and/or vehicles repairs, damaged glass/windows (if not covered by insurance), missing car documents, parts, accessories and any other equipment. Missing Documents (up to 35EUR for each), replacement of car keys (up to 400EUR) and other accessories depending on the replacement price.
2.3 The return of the Car must be made with one of AUTO GREEN representative, unless contractually stipulated otherwise.
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. The customer may also be prosectuded for inappropriate possession of the car.
3. GENERAL VEHICLE INFORMATION
3.1 All vehicles displayed and models listed on our website are examples of 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. AUTO GREEN only guarantees that it will be a similar vehicle within the same category, with similar characteristics.
3.2 AUTO GREEN vehicles may be equipped with devices that allow us to send data 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 and data processing responsability resides with the service provider.
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 to 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 to 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 maintained, 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, and return the vehicle with the same amount of when the Contract started, otherwise they will be responsible for paying the missing amount. In the event of misfuelling, the customer is liable for all repairs due to improper fuel supply, which is not covered by any insurance cover taken.
4.3 The minimum driving age for this Agreement is 25 years old.
4.4 AUTO GREEN may refuse car rental to Customers who do not have guarantee 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 business purposes;
(b) Transport of goods, 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 alcohol, drugs or any other substance which, directly or indirectly, reduces the driver´s 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 defined 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 in accordance with the legal and contractual terms;
(h) Outside the Portuguese territory, without prior authorization from AUTO GREEN on the Contract. The customer may be penalized for the use of the vehicle 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 wants to extend the rental period, 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 this as a possibility.
6.3 A reservation may be cancelled 72 hours prior to the start of the rental, free of charge. If made afterwards a 20% cancellation fee of the value of the booking wil be charged. This amount can not be refunded.
6.4 If the Customer expresses interest in terminating the contract earlier, they must do so within a minimun period of 72 hours prior to the end, by contacting AUTO GREEN. The amount corresponding to the days on which the car was not used (taxes included) may be returned in form of a credit note to be used on the next rental. There is no possibility of refunds.
7. CUSTOMER RESPONSIBILITY AND CHARGES
7.1 In addition to the already mentioned on 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 the car not being used 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 Customer.
7.8 The Customer shall be responsible to inform AUTO GREEN, after its claim, for costs and losses, including, but not limited to 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 Contract under "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 Customer themself.
7.10 In the event of theft, the customer will be responsible for reporting the incident to the competent authorities as well as to return the original key to AUTO GREEN. Otherwise the customer will be held responsible for 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 to the table below, in force at the start date of the Contract. The costs of towing and collecting the vehicle are full responsibility of the Customer, regardless of the existence or amount of Excess fee. The charges may vary depending on the number of days of rental..
8 The Customer may limit their liability to AUTO GREEN by subscribing to the following options of insurance according to the type of vehicle and its excesses. (see table below).|
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Insurance daily rates |
Per Rental |
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B |
|
10 EUR
|
18 EUR |
3EUR |
50EUR |
|
|
C |
10 EUR |
18 EUR |
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D,D1,D2 |
|
12 EUR |
22 EUR |
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G2,G3 |
14 EUR |
24 EUR |
5EUR |
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E, E1 |
14 EUR |
24 EUR |
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E2 |
3000EUR |
14 EUR |
24 EUR |
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G, G1 |
16 EUR |
26 EUR |
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F, F1 |
14 EUR |
24 EUR |
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I2 |
14 EUR |
24 EUR |
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H |
|
18 EUR |
28 EUR |
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H1 |
18 EUR |
28 EUR |
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I, I1 |
20 EUR |
30 EUR |
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CDW – Collision damage waiver insurance, in the event of accident or damage, the customer takes full responsability for the vehicle and is subject tho the Excess Fee depending on the vehicle and group. This amount is a deposit to be charged on the Client´s credit card. Excess Fee Groups B & C - 2000EUR; Groups D, D1 & E - 2400EUR; Groups E1, E2, F & G - 3000EUR; Groups H, H1 & I - 4400EUR, excluding VAT. Does not cover for windows and tires. For this coverage, the customer needs to add ACDW insurance.
SCDW - Super Collision damage waiver insurance, in the event of accident or damage, the customer takes full responsability for the vehicle and is subject to the Excess Fee depending on the vehicle and group. This amount is a deposit to be charged on the Client´s credit card. Excess Fee Groups B & C - 1000EUR; Groups D, D1 & E - 1200EUR; Groups E1, E2, F & G - 1500EUR; Groups H, H1 & I - 2200EUR, excluding VAT. Does not cover for windows and tires. For this coverage, the customer needs to add ACDW insurance.
TSCDW - Top Super Collision Damage Waiver Insurance - No Excess Fee/Deposit required. This insurance includes damages in the event of shock, collision, own damage, theft or robbery. Does not cover for windows and tires. For this coverage, the customer needs to add ACDW insurance.
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 Customer 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 and for medical expenses up to the amount described on the specific policy. This insurance can be associated with any of the insurance covers mentioned above.
TRAVEL ASSISTANCE - It is the Customer's responsibility for towing and on site assistance, in case of loss or leaving the key inside the vehicle, immobilization of the vehicle due to lack of battery, misfuelling or lack of fuel, by flat tire, by accident whose responsibility is assigned to the Customer, and such assistance service is provided at Roadside after the Customer's request and AUTO GREEN diagnosis.
8.1 The insurance covers mentioned above are only valid for the duration of the rental agreement, except when the rental agreement is extended by the conditions already mentioned. AUTO GREEN is not liable for any accidents caused or that may happen after the end of the rental agreement. These would be sonmely responsability of the Customer.
8.2 The limitations of liability provided for in the preceding issues shall not be effective, even if the Customer has subscribed to the options above, whenever there is a violation of the rules of use of the Vehicle, intentional or negligent driving, non-compliance with the Highway Code and Road Safety Rules, driving under the influence of alchool or any ilicit substances or whenever situations generating liability occur when the Vehicle 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 and a day counts as a 24 hours period. The calculation of the total rental value will be based on the number of days during which the Vehicle was in Customer´s possession, applicable rental rate and other contracted products under this agreement.
9.2 The Customer accepts the amounts due for the rental and other additional products and services contracted, for the repair of damage caused to the Vehicle, administrative services costs, other legal expenses, fines, 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 The customer is responsabile for the return of the vehicle with the same amount of fuel of when the vehicle was delivered and the rental period started. The fuel amount is described on the rental agreement. In the event of missing fuel, the amount will be charged on the credit card used on the rental agreement or can be paid in cash if the customer is present. The amount to be charged varies according to the amount of fuel missing and type of vehicle. For vehicles category B, C, D, D1, E, E1, E2, G and F1, each 1/8 of fuel missing will be charged 12.50EUR (each 1/4 of missing fuel has a cost of 25EUR). For vehicles of the category F each 10km of missing fuel range, 1.25EUR will be charged (50km less of fuel range 6.25EUR and 100km 12.25EUR will be charged). For vehicles category H, H1 and I each 1/8 of missing fuel has a cost of 15.00EUR (each 1/4 of missing fuel will be charged 30EUR).
9.4 For the purposes of the preceding paragraphs, the Customer have to present a valid physical 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 needs.
9.5 Any customer complaint regarding the existence or amount of any charges must be submitted and communicated by the Client to AUTO GREEN by the 30th day after receipt of the final account statement.
9.6- OTHER EXTRAS, FEES AND TAXES
a) Navigation system - the navigation system is available for an additional supplement of EUR 35.
b) Additional driver- if an additional driver is requested their information wil be added on the rental contract upon presentation of a valid driving license. This service costs 15EUR per rental.
c) Baby and child seat- an additional supplement is charged if a baby or child seat (35EUR) is required as well as boosters (20EUR).
It is the customer's responsability to verify that they are correctly placed and secured, to guarantee the safety of their child and compliance with Road Safety Rules.
d) Airport fee- an 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 may occur during the rental.
An administration fee of EUR 20 will be charged if Driver identification is required 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 12:30am 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 applies.
When selecting this service return fees are included.
If during the online booking process a pick-up and return time within the ranges mentioned above is selected, 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 waste or fur, spillage of liquids, stains on upholstery, etc.) an additional cleaning fee up to 35EUR will be applied.
e) Authorization Fee for travel outside the Portuguese territory - In the event of the customer deciding to leave Portuguese territory they have to pay a fee in the amount of 50EUR in order to ensure proper coverage and Roadside assistance abroad. 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 its automatic subscription, 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) for its use for the duration of the Contract.
10.2 For payment purposes, the Customer must provide a valid physical credit card, ensuring enough funds on the correspondent bank account, and the debit of charges may occur 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 7 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 legal entities 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 authorities 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 keys and its declaration issued by the competent authorities.
12.2 The Customer shall cooperate with AUTO GREEN and its insurance providers 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 needs to report the occurrence to the police, to complete the respective amicable statement, assuming the veracity of the facts occurred and to sign it within a maximum of 24 hours. The accident report must be delivered to a representative of AUTO GREEN at the earliest opportunity.
12.4 The breach of the above obligations determines that the customer is responsible to cover 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 end.
14. COMPETENT FORUM AND ALTERNATIVE DISPUTE RESOLUTION
14.1 In the event of a dispute, AUTO GREEN and the customer 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 at www.consumidor.pt
14.2 Without prejudice to the above paragraph, the Customer may submit their 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 responsible for data processing, may use the Customer 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 process them for the following purposes:
· To manage the rental and the business relationship, communicate with the Customer or assist them during the rental period;
· Use the information provided by the Customer and the Authorized Driver for verification and confirmation with credit agencies or other agencies.
· 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 incidents, it may be considered a risk for future rental contracts, in which case, the data may be communicated to ARAC for the purpose of inclusion on the database of non-compliant customers;
· To comply with other legal obligations as well as to inform 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 their personal data; rectify their personal data (in cases where it is incorrect or incomplete); erase their personal data when AUTO GREEN no longer has legitimate reasons to maintain its processing; limit the processing of their 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 their Personal data, they may contact AUTO GREEN, via email info@autogreen.pt can also access the privacy policy in www.autogreen.pt