Terms

General Conditions of the Rental Agreement

PEDRO & NINO GOMES LDA, NIPC 517180197, a limited liability company, with registered office at Caminho da Achada 101 R/C Dº 9000-208, Funchal, hereinafter referred to as RentADrive with the address of the service desk at Caminho da Igreja Nova nº 8 São Roque 9020-312 Funchal, rents to the Customer identified on page 1 of this contract the vehicle described in it under the terms and conditions specified in the Rental Agreement, that the Customer is aware of, agrees to, and with the signature on it, undertakes to observe and respect.

Article 1 - Use of the vehicle.
1-The Customer must use the vehicle with due diligence, according to 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.
2-It is also the Client's obligation not to allow the driving of the vehicle to a person other than those who are authorized according to this rental agreement, and the Client is directly responsible for any damage or loss occurred in the vehicle or in third parties, if it allows this to happen. In any situation in which the provisions of this Clause are not complied with, it will be and is understood as unauthorized use.
3-The Client is entirely responsible for the damage caused to the interior and exterior parts of the vehicle by the unauthorized use of the same, and in this case he will be obliged to pay all expenses incurred in accordance with the provisions of these General Conditions.
4- In the event of a lawsuit that covers the above situations, the Client will pay all legal expenses, including court costs, lawyers' and solicitors' fees, and, in case of conviction, the respective compensation that is fixed by judgment.
5- Unauthorized use includes, without limitation, the following cases:
a) Pushing or towing any other vehicle.
b) Driving in places that are not suitable for public transport, such as beaches, racing circuits, forest paths, private roads, dirt roads, gravel roads or that are not suitable for car traffic.
c) Driving on unpaved roads, or paved roads, but with serious deficiencies, which may cause damage to the underside of the vehicle.
d) Circulate with the Vehicle through prohibited areas, specifically, airport runways and other roads associated with the use of civil and military aviation.
e) Recklessness in the face of information transmitted on the instrument panel or warning signs of vehicle malfunction.
f) Transport of goods or animals and especially of dangerous, flammable and/or harmful substances for the vehicle and its occupants.
g) The transport of persons or goods that directly or indirectly entail, in return, a payment to the Client.
h) The sub-lease of the vehicle.
i) The use of the vehicle in any activity contrary to the law.
j) The carriage of a number of people or a quantity of baggage greater than that authorized for the vehicle.
k) Any type of manipulation or intervention in the odometer, as well as its malfunction, which must be reported to RentADrive.
l) Transportation of luggage or any physical element on the roof of the vehicle, even using a specific device.
m) Leaving objects in plain sight in the vehicle that could be stolen with consequent damage to the vehicle.
n) Soiling the interior of the vehicle beyond what normal and careful use of the vehicle requires.
o) Driving the vehicle in a state of fatigue, illness or under the influence of alcohol, medication or drugs.
p) Reckless driving.
q) Use of the vehicle for learning to drive activities, under any circumstances, and/or the teaching of any special driving technique.
r) Driving contrary to the legal rules of road traffic.
s) Driving of the rented vehicle by a person not authorized in the contract, either as a Client/s and/or additional driver(s).
t) Driving the vehicle outside the geographical limits established in the particular conditions for the service station from which the rental originated.
u) Use of the vehicle after the rental period has ended.

6 - Unauthorized use by the Client will give RentADrive the right to terminate the Rental Agreement early for culpable breach of the same, imputing to him, if applicable, the respective compensation for losses and damages.

Article 2 - Condition of the vehicle
1 - The Customer expressly declares and acknowledges that the Car object of this contract is in good working order and without apparent defects, in addition to those described in the section on page 1 of that same contract "Vehicle inspection sheet", which is an integral part of this contract and which is hereby reproduced in full for all purposes and that he has received the vehicle, equipped with five tires (Or Repair Kit, Depends on the car delivered) in good condition and without punctures, and the customer undertakes to return the vehicle in the condition in which it was delivered to him. In the event of deterioration of any of the tyres, for reasons beyond their normal use, the Customer may be obliged to immediately proceed, at his own expense and expense, to replace them with a tyre with the same characteristics and of the same brand, depending on the insurance contracted.
2 - The Client may not modify any technical feature of the vehicle and/or accessory, nor make any modifications to the exterior or interior of the vehicle, otherwise the Client must bear the expenses related to the replacement of the vehicle to its original condition, as well as the damages and losses caused to RentADrive.
3 - The Client must also take all necessary protective measures to keep the vehicle in the same condition in which it was delivered to him, Damage to the gearbox and clutch of the vehicle are not covered by the insurance and have in case of anomaly the charges for the client, (In case of faulty clutch and gearbox RentADrive is not obliged to change the car if the client has not activated EXTRA Roadside Assistance.) you should regularly check the condition of oil, water, tire pressure, and any anomaly verified on the instrument panel and notify RentADrive immediately.

Article 3 - Maintenance and Repair of the Vehicle
1 - Normal mechanical maintenance resulting from normal use is at the expense of RentADrive All occasional repairs occurring due to a direct cause attributable to the Client, or even for an accidental cause, may be at the expense of the Client depending on the insurances contracted and executed by RentADrive or by whoever it indicates.
2 - If the Customer notices the existence of any technical problem in the vehicle, he must immobilize it and immediately contact RentADrive to our 24-hour assistance contact.
3 - RentADrive is not responsible for loss of time suffered by accident or breakdown that may delay or interrupt the Client's vacation and/or trip. RentADrive has no obligation in case of anomaly other than abnormal (over pushing the gearbox and damaging the clutch), namely in the gearbox and/or clutch, to change the vehicle in question, and the customer is responsible for the costs arising therefrom.

Article 4 - Fuels
1-The vehicle is delivered with a quantity of fuel and must be returned with the same amount.
The fuel policy used by RentADrive is on an equal footing basis, consisting solely of the delivery of a vehicle with a fuel tank in an average verified by both and marked on the inspection sheet along with the delivery of the vehicle, and the Customer must return the vehicle to RentADrive at the agreed place of delivery, also with the same deposit as the one received (Equal to equal) and must process the check-in of the vehicle for the purposes of Fuel check.
2-In addition, the Customer must provide a deposit at the time of rental equivalent to the value of the fuel tank that will be refunded after the return of the vehicle after verifying the correct compliance with the conditions of this offer.
3- If the obligation to return the car with the same deposit is not fulfilled by the Customer, the amount of fuel that RentADrive has to fill up until the deposit is filled will be deducted from the deposit, plus the fees listed in table II attached, namely administrative fee and travel.
4 - If the deposit is less than the amount debited, the Customer accepts and hereby authorizes that the difference be charged to his credit card, and consequently, to his personal account.
5 - In the event of introduction of fuel of a different type from that used by the vehicle, the Customer is responsible for the expenses inherent to the full replacement of the fuel, disassembly and washing of the tank, engine tuning and other damages caused to the vehicle, without opposition to its amounts.

Article 5 - Insurance and Coverage
1- Rental rates include Compulsory Car Insurance and Civil Liability coverage for damages and losses against third parties arising from the use and circulation of the vehicle. These coverages are guaranteed and are assumed by the insurance company with which RentADrive has contracted the corresponding insurance policy and are subject to the general and specific clauses of the same and to the law in force. By signing the rental agreement, the Client adheres as an insured to the aforementioned policy, the conditions of which are available to him at the RentADrive rental station.
2-The rental rates also include the RentADrive Basic Protection, which includes damage caused to the vehicle as a result of:
a) Collision;
b) Theft;
c) Fortuitous Fire or Acts of Vandalism,
RentADrive Basic Protection always includes a deductible for such damages for which the customer is directly responsible. The aforementioned excess must be guaranteed by paying the corresponding deposit or by contracting an Additional Coverage.
3-RentADrive Basic Protection will be valid whenever the following conditions are met:
a) That the Client, in the event of a collision, send to RentADrive within forty-eight hours of the accident, the complete details of the other party and possible witnesses, filling in an accident report, in the form of an 'Amicable Declaration of Motor Accident' -DAAA – detailing the other party's registration, name and address, the circumstances of the collision, a sketch of the accident, the name of the insurer and, where possible, the insurance policy number, all signed by the two drivers involved in the accident, or, if you do not have one, the 'Claim Report', which will be provided by RentADrive.
b) That the insurance company does not reject responsibility for the assumption of the claim, as a result of driving the vehicle in the physical and mental conditions required by the Highway Code.
c) That the collision, theft, fire or act of vandalism has not occurred during the course of an unauthorized use, such as those mentioned in article 1 or by an act or omission in violation of any of the conditions contemplated in this contract.
d) That the Client has informed RentADrive of the collision, theft, fire or act of vandalism that occurred within forty-eight hours of the accident, providing the relevant documentation (accident report, complaint to the authorities, etc.).
3- Additional Protection.
The rental rates do not include, unless expressly contracted, the various Additional Protections, which include the reduction of the customer's responsibility in the deductible, at the time of rental, the Customer can opt for complementary protection insurance:
a) C.D.W (Own Damage Insurance): Allows you to reduce to the amount of the mandatory deductible in the event of a collision. Price per day. (if there is reckless driving or deliberate violation of the terms and conditions mentioned in the rental agreement, the Customer will be responsible for the damage caused by collision and rollover in the vehicle by paying a deductible amount according to the tables attached to this contract).
b) TP (Theft Coverage): Allows you to reduce to the amount of the mandatory deductible in the case of theft. Price per day. (If there is reckless driving or deliberate violation of the terms and conditions mentioned in the rental agreement, the customer will be responsible for the total or partial theft of the vehicle.) payment of a deductible according to the tables attached to this contract.
c) P.A.I (Occupant Insurance): In the event of an accident, the driver and other passengers will have coverage for medical treatment expenses up to 1,000.00 Euros, in case of death or permanent disability coverage of 10,000.00 Euros.
d) C.P.J (Tire and Rim Coverage): This insurance, when contracted in advance, covers damage to tires and rims and exempts the driver(s) from damage to the vehicle's rims and tires, unless they result from the improper use of the vehicle.
PEDRO & NINO GOMES LDA Headquarters: Caminho da Achada 101 R/C Dº 9000-208, Funchal NIF 517 180 197
Address of the service desk; Caminho da Igreja Nova nº 8 São Roque 9020-312 Funchal
24H emergency contact: (+351) 960 003 997 Email: info@rentadrive.pt Police: 112 Original
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e) C.P (Partial Coverage): Allows you to reduce to the value of the partial deductible in the event of damage and/or theft of the vehicle and/or its components.
f) SUPER C.D.W: If previously contracted, it allows you to reduce the deductible amount to ZERO in the case of a collision or theft claim. The SUPER C.D.W does not cover damage to the gearbox and clutch.
g) In the event of an accident due to speeding, driving under the influence of alcohol or narcotics, the C.D.W, C.P. and SUPER C.D.W., are ineffective, and the Customer pays all the repair costs and compensation corresponding to the downtime of the injured vehicle.
3-The amount of the mandatory deductible is always due, unless the SUPER C.D.W. is contracted (Young Drivers apply different offers, and even if they activate the SUPER C.D.W insurance They must always leave a Deductible deposit under 21-years €500.00 deposit and less than 23-years €250.00 deposit)
4- The values for insurance presented are those contained in table II in force, and are daily values.

Article 6 - Rent, Security Deposit and Extension.
1-Rental prices are determined by table I, rates in force and include VAT at the rate in force.
2-At the time of the rental reservation, the Customer must pay as a reservation guarantee, 10% of the rental value. Only after payment of this amount is the reservation considered.
3-The reservation made can be canceled at any time before the vehicle is picked up, however, the deposit made to guarantee the reservation is non-refundable. The same happens in cases of "NO-SHOW" of the Client.
4- The security deposit may not be used to extend the rental. If the Client wishes to extend the rental period, he must go to RentADrive's facilities or contact him by email info@rentadrive.pt , at least 48 hours in advance, and obtain a new contract, thus extending the rental period. The extension will always be subject to RentADrive's approval. If it is not possible to extend the contract, the Customer undertakes to deliver the vehicle on the date, place and time agreed in the contract in force, under penalty of filing a criminal complaint for theft, damage or abuse of trust.
5-The rental day is considered for each 24-hour period.
6-The minimum rental is 1 day, 24 hours.
7-Rentals are only made to drivers with a minimum of one year of driving license and 18 years of age.
8- Drivers aged between 18 and 23 years old will be considered young drivers and are subject to the "young driver" fee according to table I.
9- If the Customer decides to terminate the contract early, the amount corresponding to the days in which he did not enjoy the vehicle will be fully retained as compensation.
10-RentADrive may decide to terminate the rental before the date indicated on page 1 of the contract, if it verifies the misuse of the vehicle and/or violation of the provisions of the contract and take possession of the vehicle at any time and without prior notice, at the expense of the Client.
Article 7 - Responsibilities and Payments
1-During the rental, the Customer may be responsible for the damage caused to the interior, tires and other parts of the vehicle.
2-The Client is solely responsible for fines, administrative offences and records raised against him, for the documents and for the keys of the vehicle. The loss of documents and/or keys of the vehicle during the rental will result in the payment for its replacement according to the attached table III.
3-RentADrive is not responsible for any type of objects or goods left in the vehicle.
4- The Client expressly undertakes to pay the amounts due from the conclusion of the contract to RentADrive, namely:
a)
The price due for the rental of the vehicle, depending on the rental period according to our table I;
b)
Any and all charges related to complementary insurance, if contracted, established by our insurance and deductible table;
c)
Extras, if contracted, namely baby seat/child seat, additional driver, youth driver fee, night tax, GPS and deliveries to other locations, as established in our tables;
d)
All fees due under all the previous paragraphs and also fines, judicial or extrajudicial expenses, derived from traffic violations or other violation of law imputed to the vehicle during the Customer's use.
5-The credit card with which the reservation has been made must be presented by its holder at the time of delivery of the vehicle. The holder of the credit card must be the person who will be listed as the holder of the rental contract, therefore, the driver of the vehicle.
6-The value of the Reservation Guarantee is non-refundable in case of cancellation.
7-The payment of the vehicle rental, insurance, optional protections, taxes, fees and other extras that the Client has contracted, will be made in the local currency.
8-Payment Method accepted
-Money
- Credit cards
- Vouchers and Bank Transfer.
9-Be a bearer of valid identification documents.
Article 8 - Return of the Vehicle
1-The Customer, in addition to having the obligation to return the vehicle, at the place, date and time established on page 1 of the contract and in perfect condition, undertakes not to abandon the vehicle. In the event that the vehicle is abandoned, RentADrive requires the Client to pay:
a) The rental amount corresponding to the days necessary to repair the vehicle and make it available for rental;
b) A daily compensation according to table III, for the economic damage caused due to the immobilization of the vehicle.
c) The costs of towing to the place agreed in the contract for the return of the vehicle.
2-RentADrive reserves the right to file lawsuits in case of disappearance/abandonment/non-return of the vehicle, among others, before the competent authorities, and the Customer is responsible for the legal and legal consequences that may arise therefrom, including the payment of legal costs, fines and fines.
3-The rental ends on the day and place fixed in the contract signed by the Client.
4-The grace period in the return of the vehicle will be 59 minutes, after which RentADrive reserves the right to charge an hourly amount up to a maximum of 6 hours according to table II.
Article 9 - Personal Data
1-Who is responsible for the processing of your personal data.
Pedro & Nino Gomes Lda, NIPC 517180197, a private limited company, headquartered at Caminho da Achada 101 R/C Dº 900-208, Funchal email info@rentadrive.pt.
Law 58/2019 of 8 August that ensures the implementation in the national legal system of European Regulation 2016/679
2- In accordance with the provisions of European Regulation 2016/679, General Data Protection Regulation, as well as any applicable national law, we inform you that at RentADrive we process the personal data you provide us with for the following purposes:
a) Manage the contractual relationship consisting of the rental of vehicles.
b) Manage and bill the car rental.
c) Manage possible incidents, including the occurrence of claims during the vehicle rental period.
d) To manage the administrative procedures and communications that may arise from the contractual relationship.
e) To keep you informed from time to time, by email or any other equivalent means, of all offers, products, services and promotions, your own or those of third parties, that may be of interest to you.
3-Data retention period.
We inform you that your data will be kept for as long as necessary for the provision of the services or contractual relationship, and as long as, in any case, you do not request its deletion, as well as the time necessary to comply with the legal obligations corresponding to each case, according to each type of data.
4- The legitimacy for the processing of your personal data is:
- Legal basis for the processing of your personal data for procedures (a), (b), (c) and (d) indicated above in Clause 2 is based on the performance of a contract with RentADrive and in relation to the services you have requested from us.
-Likewise, the legal basis for the processing of your personal data for the procedures indicated in paragraphs (e) of the same Clause, is based on the express consent granted for each purpose at the time of the collection of your personal data that you provide to us through vehicle reservations.
5-Recipients:
- Your personal data will be transferred to third parties to process the payment of the reservations made (e.g. banking and/or financial entities that own the means of payment used, payment platforms).
-In addition, RentADrive may transfer your data to insurance companies for the management and processing of claims occurring during the rental period.
-In addition, your data may also be transferred to public bodies and authorities (administrative or judicial) in those cases where a legal regulation so establishes.
6-Rights:
-You have the right to access your personal data, as well as to request the rectification of inaccurate data or, where necessary, to request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected.
-In certain circumstances, you may request the limitation of the processing of your data, in which case we will only keep it for the purpose of exercising or contesting claims.
-In certain circumstances and for reasons related to your particular situation, you may object to the processing of your data. RentADrive will no longer process the data, except for reasons justified, imperatively, by Law, or for the exercise or contestation of possible claims.
-Likewise, you can exercise the right to data portability, as well as revoke the consents provided at any time, without this affecting the lawfulness of the processing based on consent prior to its withdrawal.
7-Provenance
We remind you that we can obtain your personal data directly through social networks, in the event that you register or log in to our website www.rentadrive.pt, with your Facebook, Twitter, Instagram, Linkedin or Google profile.
Article 10 Via VERDE management service
1- By subscribing to this service, RentADrive provides the Client with a Via Verde identifier owned by it, installed on the windshield of the Vehicle, and the Client is responsible for the full payment of all toll fees charged to the use of the Car during the rental.
2- For payment purposes, the Client must provide a valid credit card, ensuring in the corresponding bank account sufficient balance to meet the amounts due, and the debit of the same may occur after the detection of use of the road infrastructures, the Client accepting that the respective debits occur after the end of the Rental Agreement.
3- Under the terms of the previous paragraph, if it is impossible for RentADrive to collect the amounts due for toll fees, RentADrive will inform the concessionaires and/or competent authorities of the impossibility of payment, and it will be up to them to enforce the collection of such amounts and other associated costs.
4- The Client is also responsible for the correct functioning and conservation, in perfect condition, of the Via Verde Identifier, and may not under any circumstances remove said equipment from the place where it is installed, and in case of anomaly go to our RentADrive station to replace it.
5- Failure to subscribe to this service determines the Client's responsibility for the transpositions of the toll gates, under the terms defined by Law No. 25/2006 of 30 June, as amended.
Article 11 - Customer Support
To make any request for information, assistance or to make any suggestion, complaint or complaint, you can contact:

1-RentADrive station at Caminho da Igreja Nova nº 8, 9020-312 São Roque, Funchal, Madeira PORTUGAL, or also contact us through our email info@rentadrive.pt, phone +351 960 003 997 and through our contact form on our website http://www.rentadrive.pt.
2 - Without prejudice to what is referred to in the previous number, the Customer may submit his Complaint, in the Physical Complaints Book available at our Station, or through the Electronic Complaints Book, available at https://www.livroreclamacoes.pt/inicio.
3- In situations where the customer, in his capacity as a "consumer" (in accordance with the applicable regulations), is not satisfied with the response obtained from the Customer Support service, he may request the support of a consumer mediator free of charge using the following:
Conflict resolution online or social networks.
AMT - Mobility and Transport Authority
CNIACC - National Center for Information and Arbitration of Consumer Conflicts
CIAB - Consumer Arbitration Tribunal
DGC-Directorate-General for Consumer Affairs
Article 12 – Applicable Law and Jurisdiction
The rental contract is made in accordance with Portuguese Laws.
Any divergences will be competent to the Judicial Court of the District of Madeira, with waiver of any other.
Article 13 - Validity of the Rental
Any and all changes to the terms and articles of this Agreement that have not been agreed to in writing will be null and void.
Article 14. Translation.
The translations of these General Conditions and the Specific Rental Terms are merely informative and do not have a binding legal character in their entirety, and only their version in Portuguese is valid.
ATTACHMENTS:
Table I - Rental values and supplements.
Table II - Coverage, Deductibles and others.
Table III – Damage to vehicles.