Terms & Conditions

GENERAL RENTAL CONDITIONS

The following are the General Conditions of the Vehicle Rental Agreement without Driver (hereinafter the Agreement), entered into between F. C. Aluguer de Viaturas, Lda (hereinafter GO) and the Customer (hereinafter the Customer), with the identification details of both parties set out on page 1 of the Agreement.

1 - Subject of the Agreement

The Customer receives the rented vehicle, described in the Rental Agreement, in perfect working order, with all its documents, tyres, tools and accessories, and undertakes to maintain them and to drive the vehicle in compliance with the rules set out in the Highway Code and other complementary legislation in force, as well as those set out in these General Conditions.

2 - Duration of the Agreement

The duration of the Agreement is as set out on page 1 thereof, which specifies the date and time of delivery and return of the vehicle.

Rental days will be counted in 24-hour periods, starting from the exact time the Customer rents the vehicle, until the Customer returns the vehicle, the keys and documentation to GO.

The grace period for returning the vehicle will be 59 minutes, after which a penalty will be charged for failure to return the vehicle, plus the amount corresponding to the days of the rental extension and any additional charges.

The rental contract may not exceed a maximum duration of 89 days.

If the Customer decides to terminate the contract early, the amount corresponding to the days in which the vehicle was not used (taxes included) will be retained in full as compensation.

Likewise, GO may decide to end the rental before the date indicated in the contract, due to improper use of the vehicle and/or violation of the terms of the contract, and may take possession of the vehicle at any time and without prior notice, at the Customer's expense.

3 - Contract Extension

The Customer is obliged to return the vehicle on the date and time specified on page 1.

If the Customer wishes to extend the rental period, he/she must go to GO's headquarters and sign the extension. No contract may be extended by telephone or by any other means of electronic communication, unless page 1 of the same states otherwise.

Under no circumstances may the amount deposited as security be used to extend the same. Therefore, if the Contract is extended, the Customer must make an additional payment for said extension.

If the Contract cannot be extended due to there being no vehicles available or for any other reason, the Customer must return the vehicle on the date and time agreed to the rental office expressly stated in the contract.

When requesting an extension of the Contract, it may be necessary, depending on the initial conditions of the same, to enter into a new contract, at which time the current Contract will be considered terminated.

4 - Cancellation, “No-Show” and Reservation Change Policy

The reservation made and confirmed may be cancelled at any time before the vehicle is collected, however the deposit to guarantee the reservation is non-refundable, the same occurring in cases of “No-show” by the customer.

The reservation may be changed before and during the rental according to the conditions in this contract and subject to the availability of vehicles by GO.

5 - Vehicle Return Conditions

The Customer will return the rented vehicle in the same conditions in which it was delivered, together with all its documents, tires, tools and accessories, at the place, on the date and time stipulated in the Rental Contract.

The Customer may not modify any technical characteristic of the vehicle, its keys, equipment, tools and/or accessories, nor make any changes to its exterior and/or interior appearance. Otherwise, the Customer must bear the costs of restoring the vehicle to its original condition, as well as the damage and losses caused to GO due to the reconditioning of the vehicle, due to the time it was immobilized, and also any other damage caused to GO.

The vehicle must be returned with a full tank of fuel, as it was delivered. If the vehicle is returned with a less than full tank of fuel, the Customer will be charged a proportional amount for the missing fuel, in accordance with the amount set out in the General Tariff, attached to this contract.

6 - Effects of Non-Return of Vehicle

Returning the vehicle on a date and time other than those established in the Contract will allow GO to charge the rental amount corresponding to the days of delay in returning it, in addition to a penalty for the economic losses caused by the absence of the vehicle, in the amount of €40.00 for each day of delay.

If GO delays the delivery of the vehicle by more than 59 minutes after signing the rental contract, the Customer will be compensated for the same amount.

Likewise, returning or abandoning the vehicle in a location other than that specified in the Contract will allow GO to cumulatively demand:

i) the rental amount corresponding to the days required to repair the vehicle and make it available for rent;

ii) compensation corresponding to €40.00 per day, relating to the economic losses caused due to the immobilization of the vehicle;

iii) the costs of travel, towing, repatriation, tolls and safekeeping/custody, where applicable, to the place agreed in the contract for its return.

GO reserves the right to take any legal action that may be appropriate in the event of the vehicle disappearing or not being returned and before the competent authorities (judicial, police and administrative), with the Customer being fully responsible for any legal and legal consequences that may arise, including payment of court costs, fines and penalties.

Any unilateral extension by the Customer of the duration of the Contract shall be considered as an unauthorised (abusive) use of the vehicle for the purposes of the Customer's liability for any damage to the vehicle.

7 - Payments and Payment Methods

7.1 Payments The Customer undertakes to pay GO:

a) The charges for vehicle rental, optional protections and taxes determined in GO's current tariff (hereinafter, the General Tariff) which was previously notified to the Customer and accompanies this Contract. The application of the initially agreed tariff is subject to the vehicle being returned to the location, on the date and time scheduled. The tariffs may vary depending on the season, so before hiring a vehicle, the Customer will be responsible for checking the tariff that will be applied.

b) Other charges in accordance with the contractual and commercial conditions offered by GO as expressed in the contract.

7.2 Payments as a result of the Customer's improper use

After the vehicle rental has ended, the Customer undertakes to pay GO, regardless of the coverage contracted, the amounts resulting from the following concepts:

a) charges for a “special cleaning” for the costs arising from an extra cleaning service, as a result of the manifestly inadequate condition of the vehicle at the time of its return, up to a maximum amount of €150.

b) charges caused by the loss of documents and vehicle keys, and/or sending the vehicle keys to the corresponding station, in cases of loss, theft, return of the vehicle keys to a station other than the one where the vehicle was actually returned, or any other situation in which the vehicle is immobilized due to the Customer, the latter will have to pay compensation to GO in the fixed amount of €400.00.

c) charges resulting from damage/loss of effectiveness of the Clutch, up to a fixed amount of €850. For the purposes of damage/loss of effectiveness, it will be considered that the damage was caused by the customer while driving.

d) the cost of moving the vehicle with a trailer in the cases provided for in the various clauses of this Contract.

e) expenses caused by the loss, theft, deterioration or damage to any part of the vehicle, namely seats, carpets or dashboard, or the entire vehicle, as well as problems arising from an error in the type of fuel supplied.

f) fines, penalties, sanctions and legal and administrative expenses caused by traffic violations or violations of laws, regulations or decree-laws (including those provided for in the Highway Code) that regulate motor vehicle traffic, will be borne by the Customer during the term of this Contract and have been paid by GO.

g) without prejudice to the provisions of the previous paragraph, GO reserves the right to charge the Customer an additional fee of €40 for the administrative costs incurred as a result of the costs of processing and reporting such acts to the relevant authorities.

h) the costs of repairing damage caused to the vehicle in the event of an accident, when any of the following circumstances occur:

- the vehicle has not been used in accordance with the established conditions;

- the accident report – whether in the form of a “Friendly Accident Declaration” – DAA – or a “Claims Report” – has not been completed and sent to GO within the specified period, or does not reflect the facts of the incident;

- the damage is the result of an accident due to the Customer not having correctly assessed the height of the vehicle;

- the corresponding optional extra protection has not been contracted (see point 8).

i) the costs inherent in “Administrative and accident processing costs” up to a maximum of €150.

The amounts arising from these items will be charged by GO directly to the Customer using the electronic payment system or equivalent used to hire the vehicle, with the Customer expressly authorising GO to make these charges. In all cases, GO will immediately inform the Customer of the amount charged and the reasons for payment, providing the Customer with all possible information. The amount of the charge that applies to the Customer for damage caused to the vehicle will be calculated taking into account the assessment carried out by an external expert firm, or if the aforementioned assessment cannot be carried out by the aforementioned expert firm, the amount resulting from an initial assessment carried out by qualified GO personnel will be charged, in accordance with the rates and prices as per the table in force on the date of rental, the existence and amounts of which the Customer declares to be aware of and to be in agreement with. All of the above is applied, without prejudice to subsequent settlement and adjustment, after obtaining a quote for the repair carried out by a workshop or an assessment carried out by an expert office, external to GO

GO also reserves the right to demand compensation from the Customer for the immobilization of the vehicle as a result of the damages occurred.

The compensation will be calculated according to the number of days required to repair the vehicle, as established by the expert external to GO or after the repair has been carried out, calculating one day for every eight hours of work spent by the technician and using as a basis for quantification the daily occupancy rate contracted, plus the €40.00 per day stipulated in the previous stipulation, since the days the vehicle is immobilised are considered as a failure to return it within the agreed period.

The maximum amount of compensation to be paid by the Customer will be determined by the market value of the rented vehicle and in accordance with the provisions of the “Ganvam/Eurotax” Guide, in force on the date of the accident.

7.3 Payment Method:

On delivery of the vehicle, only Payments by Electronic means/Bank Card will be accepted

The Bank Card used to make the reservation must be presented by its holder when delivering the vehicle. The holder of the Bank Card must be the person who will be listed as the holder of the rental contract.

Payment for the vehicle rental, insurance, optional protections, taxes, fees and other additional charges that the Customer has contracted will be made in Euros.

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8 - Insurance and Coverage

The Customer's liability is limited, under the terms set out below, provided that the Customer complies with the terms of the contract and the loss or damage is not caused intentionally or by gross negligence of the Customer, by gross negligence of any authorized driver or by any unauthorized driver:

8.1 - Liability for loss or damage to the motor vehicle is limited to the full amount of the maximum excess established in the General GO Tariff, for Collision Damage coverage, here designated by the international acronym CDW (Collision Damage Waiver).

If the Customer accepts the Excess Exemption Option for Damage, Collision or Theft, here designated by the international acronym SCDW (Super Collision Damage Waiver), by adding his/her initials in the space indicated in the contract and paying the specific daily cost for this purpose, his/her liability is limited to damage due to misuse or improper use of the vehicle. This Coverage does not include any damage to Tires or Rims.

8.2 – The Customer may insure any damage to Tires and/or Rims by subscribing and paying for the Tire and Rim Insurance.

8.3 – The Customer may insure any damage due to Death or Disability, including Treatment Expenses, as a result of an accident with the rented vehicle, by subscribing for the Personal Accident Insurance – herein referred to by the international acronym PAI (Personal Accident Insurance)

up to the amount subscribed in the Policy.

8.4 – As established in Article 4, the initial payment of 50% of the total value of the Reservation is non-refundable, however the Customer may guarantee this refund by subscribing for the Cancellation/Pre-Payment Insurance. In this case, in the event of cancellation, more than 48 hours before the start of the rental, the Customer will be reimbursed for the amount already paid, minus the cost of the Cancellation/Pre-Payment Insurance.

9 - Customer's Obligations in the Event of an Accident and Other Circumstances

In the event of an accident, the Customer undertakes to:

a) Obtain and send to GO, within forty-eight hours after the accident has occurred, the complete details of the other party and any witnesses, filling out an accident report in the form of a “Friendly Accident Declaration – DAA” specifying the registration number, name and address of the other party, the circumstances of the collision, a sketch of the accident, the name of the insurance company and, where possible, the insurance policy number, all documents signed by both drivers involved in the accident, or, in the event of not having one, the “Accident Report”, which will be provided by GO

b) Immediately inform the police and similar forces (Public Security Police, National Republican Guard and Municipal Police) whether the other party is at fault and whether it should be investigated and/or whether there are any injuries.

c) Not abandon the vehicle rented vehicle, without taking the appropriate measures for its protection.

In the event of vandalism, fire, theft or disappearance of the vehicle, the Customer undertakes to immediately inform GO of the occurrence and to file the corresponding report with the authorities, keeping a copy that must be sent to GO as soon as possible.

d) Contact the Travel Assistance Services, indicated in the General Tariff, which was provided to you.

10 - Unauthorized Use

The Customer must use the vehicle with due diligence, in accordance with its characteristics, respecting the traffic rules applicable to motor vehicles and in accordance with the Highway Code and other applicable legislation and avoiding, in any case, any situation that may cause damage to the vehicle or third parties.

It is also the Customer's obligation not to allow anyone other than those authorized to drive the vehicle in accordance with this contract, and the Customer will be directly responsible for any damage or loss caused to the vehicle or third parties if they allow this to happen.

Any situation in which the provisions of these paragraphs are not complied with shall be deemed to be unauthorised use.

The Customer shall be fully liable for any damage caused to the interior and exterior parts of the vehicle by unauthorised use thereof, and in such event shall be obliged to pay all expenses incurred in accordance with the provisions of point 6 of this contract.

In the event of legal action covering the above situations, the Customer shall pay all legal expenses, including court costs, lawyers' and solicitors' fees, and, in the event of a conviction, the respective compensation as determined by judgment.

Unauthorised use includes and is not limited to the following cases, which are described by way of example:

a) Pushing or towing any other vehicle.

b) Driving in places that are not suitable for public transport, such as beaches, motor racing circuits, forest paths, private roads, dirt roads, gravel roads or roads that are not suitable for motor vehicle traffic.

c) Driving on unpaved roads, or paved roads with serious deficiencies that could cause damage to the underside of the vehicle.

d) Driving the vehicle through restricted areas, specifically airport runways and other roads associated with civil and military aviation.

e) Neglecting the information transmitted on the instrument panel or warning signs of the rented vehicle and which the Customer claims to be aware of by signing this contract.

f) Transporting goods or animals and especially substances that are dangerous, flammable and/or harmful to the vehicle and its occupants.

g) Transporting people or goods that directly or indirectly involve a payment to the Customer.

h) Subletting the vehicle.

i) Using the vehicle for any activity that is contrary to the law.

j) Transporting a number of people or luggage greater than that authorized for the vehicle.

k) Any type of manipulation or intervention in the odometer must be reported immediately to GO, or any malfunction thereof.

l) Transporting luggage or any other item on the roof of the vehicle, even using a special device.

m) Leaving objects in the vehicle in plain sight that could be stolen and consequently damaging the vehicle.

n) Dirtying the interior of the vehicle beyond what is required by normal and careful use of the vehicle. Do not use the vehicle as a residence.

o) Driving the vehicle while fatigued, ill or under the influence of alcohol, medication or drugs.

p) Reckless driving.

q) Using the vehicle for driving training activities, under any circumstances, and/or teaching any special driving skill.

r) Driving in violation of traffic regulations.

s) Driving the rented vehicle by a person not authorized in the contract, whether as a Customer/s and/or additional driver/s.

t) Driving the vehicle outside the island of São Miguel.

u) Using the vehicle after the rental period has ended.

Unauthorized use by the Customer will entitle GO to terminate the Rental Contract early due to culpable breach of the same, requesting, if applicable, the respective compensation for losses and damages.

11 - Driving License

The Customer must have with him/her the corresponding valid driving license approved in the country where the GO vehicle is delivered.

The Customer is directly responsible for the validity and approval of the driving license, and must keep GO harmless under any concept.

12 - Joint and several liability

All Customers and/or authorized additional drivers will be jointly and severally liable for all the Customer's obligations that appear in the Contract and the laws applicable to it.

13 - Theft and Loss of Personal Objects

GO is not responsible for objects stolen, forgotten or lost inside the vehicle.

14 - Security Deposit

When signing the Contract, the Customer may be required to deposit a security deposit in the amount stipulated in the Tariff to guarantee compliance with the general and specific conditions of the Contract, which may also be used to pay for the remaining fuel in the vehicle until it is full. If it is agreed to extend the Contract, the said amount must be increased proportionally to the number of days of the extension.

This Security Deposit will be released once the Contract has ended and after the relevant verification of the condition of the vehicle and compliance with the general and specific conditions of the Contract has been carried out. The actual provision of the Security Deposit amount depends exclusively on the entity/bank issuing the Customer's Card, and may take a few days.

15 Mandatory Approved Child Restraint Device

If the vehicle is used to transport children under three years of age or older but who are not taller than 1.50 centimetres, the Customer must notify GO so that it can provide them with the corresponding mandatory approved restraint device, with prepayment of the corresponding rental fee and WITHOUT FIXING IT TO THE VEHICLE, in accordance with the weight and height of the child or person who must use it.

The installation of the device will always be the responsibility of the Customer.

16 - Computerized Processing of Personal Data

For the purposes of the provisions of current legislation on the protection of personal data and information society services and electronic commerce, GO informs you that your personal data will be incorporated into a computerized file of personal data created and under the responsibility of this company, with registered office at Travessa do Passal, nº30, 9500-097 Ponta Delgada, for the purpose of managing the vehicle rental services contracted, as well as to keep you informed of all offers, products and promotions, whether its own or those of third parties, that may be of interest to you, either by email or by any other equivalent means. In the case of commercial communications by email or by an equivalent means, the Customer gives his/her express consent to the sending of advertising by said means. Consent may be revoked at any time by means of a written request addressed to the address Travessa do Passal, nº30, 9500-097 Ponta Delgada, or by email to the address info@gorentacar.pt.

In the event of a breach of this contract by the Customer, their personal data may be disclosed or communicated to third parties to the extent necessary to recover the losses inherent in the breach.

17 - User Support

To make any request for information or submit any suggestion, complaint or claim, you may contact GO, Travessa do Passal, nº30, 9500-097 Ponta Delgada, or by email to the address info@gorentacar.pt.

18 - Applicable Legislation and Jurisdiction

This contract shall be governed by and construed in accordance with Portuguese law. GO declares its intention to resolve any dispute amicably. If this is not possible, any disagreement that may arise between GO and the Customer will be subject to the jurisdiction of the premises where the rental began.

19 - Translation

The translations of these General Conditions are merely informative and are not legally binding in their entirety, with only the Portuguese version being valid.