GENERAL RENTAL CONDITIONS
1. GENERAL TERMS AND CONDITIONS OF RENTAL
1.1 Rent a Car Auto Ramalhense, Lda, with NIPC 512083274 and registered office at Rua Direita do Ramalho, 158-A, S. José, Ponta Delgada, Ilha de São Miguel, Municipality of Ponta Delgada, with licence Nº1/2004 (A/S/C-LP), hereinafter referred to as LESSOR, rents duly identified motor vehicles under the specific conditions of the vehicle rental agreement without a driver, hereinafter referred to as CONTRACT, to the customer identified in the general conditions, hereinafter referred to as CLIENT, which shall be governed by the following general terms and conditions:
2. DELIVERY AND RETURN OF THE MOTOR VEHICLE
2.1 To rent a vehicle, the CLIENT must present the following original documents when picking up the vehicle: a valid national or international driver's license, a citizen card, or a passport.
2.2 The CLIENT expressly assumes full responsibility for the rental and use of the vehicle within the territory, explicitly declaring possession of all necessary documents, including an international driver’s license if required by law. Unless the driver’s license is issued by a European Union country, the CLIENT must obtain an International Driving Permit (IDP) or an international driver’s license to drive in Portugal.
2.3 The CLIENT commits to returning the vehicle, along with all documents, keys, accessories, and equipment, in good condition (as received) at the location and time agreed upon in the Rental Contract.
2.4 In the event of a delay exceeding three hours beyond the agreed return time stipulated in the Rental Contract, the LESSOR has the right to report the vehicle as stolen to the authorities unless the CLIENT informs the LESSOR of their intent to extend the rental period.
2.5 In case of tire damage caused by reasons unrelated to prudent and normal usage, the CLIENT must immediately replace them at their own expense with tires of the same characteristics and brand.
2.6 If the vehicle is returned excessively dirty, during nighttime, or under adverse weather conditions that prevent inspection, it will be inspected within a maximum of 24 hours after the LESSOR has had the conditions necessary to conduct the inspection. The CLIENT will be held responsible for any damages identified during this inspection.
2.7 The delivery and return of the vehicle must occur during the LESSOR’s office hours. If this occurs outside operating hours, an additional fee of €15 will be charged.
2.8 If the vehicle is used in violation of the Contract, the LESSOR reserves the right to terminate the Contract, obligating the CLIENT to return the vehicle to the agreed location. Failure to comply may result in the vehicle being retrieved at the CLIENT's expense, as permitted by law.
2.9 Unless otherwise agreed, the CLIENT must return the vehicle at the end of the Contract or on the termination date, at the LESSOR’s premises where the vehicle was initially delivered or at another location specified by the LESSOR, within office hours.
2.10 Should the CLIENT wish to extend and/or modify the rental period, they must contact the LESSOR to arrange for a new Contract, subject to approval.
2.11 If the vehicle is not returned on the agreed date, the CLIENT agrees to pay the LESSOR, as a penalty, a daily fee equal to three times the standard daily rental rate. Additionally, the LESSOR may initiate civil or criminal legal proceedings to recover the vehicle and any incurred losses, including pursuing appropriate legal measures for its return.
2.12 The CLIENT is responsible for any loss or damage, including theft or robbery, if the vehicle is not returned directly to a LESSOR employee, except in cases where it is returned to parking lot 1 of Ponta Delgada Airport.
2.13 The LESSOR assumes no liability for any loss, theft, robbery, or material damage to items left in the vehicle by the CLIENT or any passengers, either during or after the rental period.
3. USE OF THE MOTOR VEHICLE
3.1 The CLIENT must take proper care of the vehicle, ensuring that:
- It is used prudently and according to the law, particularly traffic laws.
- It is parked securely and locked when not in use.
- The correct fuel type is used.
- Any installed security devices are utilized properly.
- Any defects or malfunctions are immediately reported to the LESSOR.
- Smoking inside the vehicle is prohibited, with any damage resulting from this being charged to the CLIENT.
3.2 The CLIENT agrees not to use or permit the use of the vehicle:
- By anyone under the influence of alcohol, drugs, or other substances impairing their ability to drive.
- By individuals under 18 or those not listed as additional drivers in the Contract.
- To push, tow, or transport items in violation of traffic rules or other regulations.
- In races, competitions, off-road conditions, or other unlawful activities.
- On roads marked as restricted, with excessive loads, or with more passengers than permitted by the vehicle's registration certificate.
- Through flooded areas or watercourses.
- On unpaved roads.
3.3 Pets may only be transported in rental vehicles in designated pet carriers. Failure to comply will result in the CLIENT being held liable for all cleaning, damage, and repair costs incurred.
3.4 The CLIENT is prohibited from:
- Subletting, lending, transferring, selling, mortgaging, or otherwise disposing of the vehicle or its documents, tools, components, or accessories.
3.5 The CLIENT is solely responsible for fines, penalties, and other sanctions imposed by administrative or judicial authorities for violations of traffic, parking, or other regulations during the rental period.
4. MAINTENANCE AND REPAIR OF THE MOTOR VEHICLE AND FUEL
4.1 If the CLIENT notices any technical issue, they must immediately stop the vehicle and contact the LESSOR’s 24-hour assistance service at +351 919015778 for further instructions.
4.2 In case of a breakdown, the LESSOR may replace the vehicle. If unavailable, the LESSOR is not obligated to provide an alternative vehicle but may refund the CLIENT for unused rental days.
4.3 Towing costs due to improper vehicle use are the CLIENT's responsibility.
4.4 The vehicle must be returned with the same fuel level as at delivery. Failure to do so will result in a charge for the missing fuel at market prices.
4.5 If incorrect fuel is used, the CLIENT is liable for all associated costs, including tank cleaning, motor adjustment, and any resulting damage.
4.6 If the vehicle key is lost or irreparably damaged, the CLIENT must pay a fee between €250 and €500, depending on the make and model of the vehicle.
5. PRICES, TERMS, AND PAYMENTS
6. INSURANCE
6.1 Included in the rental rate: The CLIENT and/or the authorized driver of the vehicle benefit from a car insurance policy with basic coverage, which includes limited civil liability up to a maximum amount of €50,000,000.00. This guarantees the payment of compensation for bodily and material damages caused to third parties as a result of a traffic accident. It also includes insurance for the occupants, driver, and passengers.
6.2 The CLIENT and/or the driver are responsible for the payment of all damages caused to the vehicle during the rental period, except when liability is assumed by a third party in the event of an accident.
6.3 As an option, the CLIENT and/or the authorized driver may purchase Extra Coverage:
6.3.1 This coverage includes theft, own damages, personal accidents, and damage to headlights under normal use, which requires an additional payment.
6.4 Situations not covered by Extra Coverage:
- Driving under the influence of alcohol, drugs, or any other illegal substances.
- Failing to stop the vehicle IMMEDIATELY after an accident/incident, causing additional damage/breakdowns.
- Failing to report the accident to the RENTAL COMPANY, the police, or other competent authorities.
- Using the vehicle for illegal purposes, such as but not limited to, smuggling, illegal transport of goods, theft, etc.
- Driving the vehicle with excessive load, using the vehicle to push or pull other vehicles, tow trucks, or other objects, or carrying passengers beyond the vehicle’s certified capacity.
- Driving the vehicle on unmarked roads, unpaved or rough roads (forest roads), roads closed to public traffic, industrial zones, or crossing watercourses, causing damage/breakdowns to the rented vehicle.
- Using the vehicle in contests, races, or motor competitions that result in damage/breakdown to the rented vehicle.
- Using the vehicle inappropriately (contrary to the manufacturer's warnings) or destructively, causing damage to the engine, gearbox, wheels, tires, or the interior of the vehicle.
- In case of theft of the vehicle, failing to deliver the keys and documents to the RENTAL COMPANY, the theft report issued by the competent police, and a responsibility statement about the circumstances of the theft.
- Allowing the vehicle to be driven by an unauthorized person, as proven by official documents issued by the authorities after the accident/incident.
- Refueling the vehicle with a fuel type not recommended by the manufacturer (indicated on the registration certificate and marked on the fuel cap), which obligates the CLIENT to incur the costs as specified in clause 4.5.
- Losing the keys. The client will be required to pay the fee specified in clause 4.6.
- Damages to the underside of the vehicle, rims, and tires.
6.5 In the event of an accident, even with the submission of a DAAA (Friendly Accident Declaration), the CLIENT is responsible for paying the damages caused to the vehicle up to the maximum deductible in effect during the contract period, except when the liability is assumed by a third party.
6.6 Only the CLIENT and/or authorized drivers will benefit from the deductible reduction services. Failure to comply with this provision results in the total cancellation of the coverages in this article, and the provisions of this article are also void in the case of accidents caused by negligence, intoxication, drug use, driving on unpaved roads, or non-compliance with the rental terms and road traffic laws. Insurance coverage will also be void if the CLIENT fails to return the vehicle keys to the RENTAL COMPANY in the event of theft and/or robbery.
6.7 Insurance does not exempt the CLIENT from paying for damages caused negligently to the upper, lower, and interior parts of the vehicle, as well as tires, provided there is no collision.
6.8 If the CLIENT deliberately provides false information to the RENTAL COMPANY, such as their identity, address, email, phone number, or validity of their driver’s license, the RENTAL COMPANY reserves the right to pass on any additional costs incurred as a result of these false statements to the CLIENT, without prejudice to any criminal liability.
6.9 Motorcycle insurance: The CLIENT and/or the authorized driver are covered under a liability insurance policy limited to a maximum amount of €50,000,000.00, in accordance with the laws of the country. It also includes occupant insurance for the passenger only.
6.10 The CLIENT is responsible for paying for all damages caused to the motorcycles, except if liability is assumed by a third party. With Extra Coverage, if the damage exceeds the deductible, the CLIENT will be responsible for paying it.
7. ACCIDENTS
7.1 In case of an accident, the CLIENT is required to follow these procedures:
7.2 Immediately report any accident, theft, robbery, and/or fire to the RENTAL COMPANY and the police, even if partial.
7.3 Do not leave the scene of the accident, theft, robbery, and/or fire before the arrival of the police, under penalty of being held responsible for the damages resulting from those incidents, with no effect from any deductible reduction services if this clause is violated.
7.4 Provide the details of the accident, including the date, time, location, names and addresses of witnesses, the name and address of the owner and driver of the third-party vehicle involved, as well as the registration number, brand, insurance company, and policy number of that third-party vehicle.
7.5 Never declare oneself responsible or guilty of the accident to a third party, under penalty of the RENTAL COMPANY exercising its right to claim damages.
7.6 All damages resulting from improper use of the vehicle, as well as all repair costs and compensation for the vehicle’s downtime due to the accident, are the sole responsibility of the CLIENT, even if Extra Coverage was purchased, especially in cases of:
- Accidents caused by speeding.
- Accidents and/or driving under the influence of alcohol, drugs, or any other substance that impairs driving ability.
- Violations of road traffic regulations.
- Driving on unpaved roads.
7.7 All coverages are valid only during the agreed period of the contract. After this period, the CLIENT will be solely responsible, and the RENTAL COMPANY will have no responsibility for accidents caused after this time.
8. CANCELLATION, REFUND, AND RETURN POLICY
8.1 The CLIENT may cancel their reservation up to 48 hours before the scheduled date by sending a request to geral@autoramalhense.pt, indicating the reservation ID.
8.2 The RENTAL COMPANY will process the refund after registering the cancellation request. The refund will be made using the same payment method or via bank transfer.
8.3 After the start of the contract, the RENTAL COMPANY will not refund any amounts paid in case of early return of the vehicle.
8.4 In case of vehicle breakdown, where the CLIENT is not at fault, the RENTAL COMPANY will replace the vehicle, subject to availability. If replacement is not possible, the remaining rental period will be refunded.
9. PERSONAL DATA
9.1 In accordance with the applicable personal data protection legislation, the LESSOR, as the data controller, will process the CLIENT’s personal data for several purposes, namely: (a) managing CLIENTs, and (b) fulfilling legal obligations (Decree-Law No. 181/2012 of August 6, and Law No. 15/88 of January 16).
9.2 For the execution of the Contract, the CLIENT expressly and unequivocally authorizes the LESSOR to collect and process the following personal data categories: name, phone number and/or mobile, gender, age, address, locality, country, taxpayer number, citizen card number and issue/expiry date, passport number and issue/expiry date, driver's license number and issue date, email, and IBAN, for the purpose of identifying the CLIENT and/or the drivers of the rented vehicles.
9.3 The CLIENT authorizes the LESSOR to transmit their personal data to ARAC (the Association of Car Rental Companies) in case of breach of Contract, for inclusion in the database of defaulting CLIENTs, which is duly authorized by the National Data Protection Commission.
9.4 For the purpose of Contract execution, managing the Contractual relationship, including pre-Contractual procedures and declarations of intent, and pursuing the legitimate interests of the LESSOR, the CLIENT expressly authorizes the LESSOR to make physical and/or digital copies of the citizen card/identity card/passport, as well as the driver's license, and to retain these copies for the period strictly necessary for these purposes.
9.5 The personal data collected will be stored by the LESSOR for the time strictly necessary to achieve the intended purpose in accordance with Law No. 67/98 of October 26.
9.6 The LESSOR may disclose the collected data to law enforcement and/or judicial authorities in case of requests related to road code infractions or criminal investigations, and (c) to ARAC for inclusion in their defaulting CLIENTs database in the event of breach of Contract.
9.7 As the data controller, the LESSOR ensures that the CLIENT can exercise their rights under Law No. 67/98 of October 26, including the right of opposition, rectification, and deletion of their data, which must be requested via email geral@autoramalhense.pt or by registered mail to Rua Direita do Ramalho, 158 - A, 9500-180, Ponta Delgada.
9.8 According to Decree-Law No. 181/2012, Article 9(7)(e), the signing of this Rental Contract is not conditional upon the CLIENT's consent for the use of their personal data in defaulting CLIENT databases and communication to ARAC, as provided in this Contract.
10. FORCE MAJEURE AND UNFORESEEN EVENTS
10.1 Force majeure events must be notified by the aected Party to the other Party within 3 business days after the event occurs. Force majeure includes unforeseeable and unavoidable events that make it impossible for the aected Party to fulfill its obligations, such as natural disasters, wars, pandemics, revolutions, embargoes, acts of public authorities, etc. The occurrence of force majeure must be proven with a certificate issued by the competent authorities.
10.2 If the force majeure event lasts more than 20 business days, either Party has the right to request the termination of the Contract without objection from the other Party, waiving the execution of the Contract. In any case, neither Party is entitled to claim damages, but each Party must fulfill all its obligations until the occurrence of the force majeure event.
10.3 Unforeseen Event means a situation originating in the CLIENT's area of activity or an externalcircumstance that is not extraordinary and can be foreseen and avoided with due care and diligence.
11. FINAL PROVISIONS
11.1 The Parties expressly agree that, for legal/judicial purposes, including citations and/or notifications related to the Contract, the addresses specified in the Contract shall be considered their
domiciles.
11.2 For all disputes arising from the Contract, the jurisdiction of Ponta Delgada is stipulated, with express renunciation of any other jurisdiction, unless a mandatory legal process requires otherwise.
11.3 The CLIENT accepts the Specific and General Terms of this Contract, which were explained to them in a timely manner, and acknowledges their rights and obligations, which they agree to
observe and respect.
11.4 The CLIENT is informed that in case of dispute, they may resort to the National Center for Consumer Dispute Mediation. The LESSOR is not bound by any mandatory legal arbitration or
adherence to alternative dispute resolution entities for consumer disputes. For further information about entities for resolving national and cross-border consumer disputes under Law No. 144/2015 of September 8, when initiated by a consumer against a supplier of goods or services and concerning Contractual obligations under purchase or service Contracts between suppliers of goods or services established in Portugal and the EU, please consult the Consumer Portal (https://www.consumidor.gov.pt/) or ACRA – Consumer Association of the Azores, Rua de São João, 9500-022, Ponta Delgada, Phone: 927394721.
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