The rental agreement is concluded between Tarefacrescida Rent a Car Lda , with registered office at Avenida Arriaga nº 50 2nd floor room 5, 9000-060 Funchal, registered at the Commercial Registry Office under the unique registration and legal entity number (NIPC) 517672421, with a share capital of €10,000.00 (hereinafter referred to as TC) and the Customer and the Driver identified therein (hereinafter referred to as Customer).
Through the rental agreement, TC rents the motor vehicle without driver (hereinafter referred to as Vehicle) to the Customer under the following terms and conditions:
1 - DELIVERY AND RETURN OF THE VEHICLE
- The Customer expressly declares that he/she has received the Vehicle on the start date of this contract, in good working order and without any visible damage, except for those recorded in the “Vehicle Delivery/Reception” document, which is an integral part of the Rental Contract.
- The Customer undertakes to return the Vehicle in the same conditions in which it was delivered, with the respective documents, accessories, spare parts and equipment.
- The Vehicle must be returned to the TC representative on the agreed date and at the location indicated at the beginning of the contract, within opening hours.
- Any delay in returning the Vehicle will result in the Customer being obliged to pay TC an extra day's rental.
- In the case of a vehicle reservation, the Vehicle will be delivered to the station indicated in the reservation confirmation and must be returned to the TC station indicated in the rental agreement, without prejudice to the provisions of numbers 7 and 10 below .
2- CONDITIONS OF USE
- During the rental period, the Customer must ensure the conservation of the Vehicle and make safe and appropriate use of it, ensuring that, whenever the Vehicle is not in use, it is parked in a safe place, locked and that objects likely to cause theft, robbery or damage to the Vehicle are not visible from outside;
- The Vehicle must be fueled with the appropriate type of fuel. Fueling the Vehicle with fuel other than that required will be considered as misuse and/or negligence in the use of the Vehicle, and the Customer will be held liable under the terms indicated.
3- The Vehicle may not be used or driven in the following circumstances:
- By persons not identified in the rental agreement or in any annex or amendment that forms an integral part thereof, and consequently not authorized by TC;
- By persons not qualified under the terms indicated in the following paragraph;
- Failure to comply with the rules of the Highway Code, particularly in dangerous driving, under the influence of alcohol, psychotropic substances or any other substances that impair driving ability;
- In trials or tests and sporting competitions, official or not;
- To push or tow any vehicle, trailer or any other object;
- For the transportation of passengers or goods in exchange for any compensation or remuneration, explicit or implicit;
- For the transport of goods in violation of any legal provision;
- Outside the territorial limits of the Madeira Archipelago, without prior written authorization from MR;
4- To rent a TC Vehicle, the driver must be qualified under the following terms:
- Hold a valid driving license in Portugal for more than 1 year. Driving licenses written in non-Roman alphabet and international digital licenses are not accepted;
- Be over 21 or 25 years old, depending on the Vehicle rented (see public table available at www.enjoyrentmadeira.pt);
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- Young Driver : TC authorizes drivers under the age of 21 and with a valid driving license in Portugal for more than 1 year, upon activation and prior payment of the extra service “Young Driver” (see public table “extras and optional services” available at www.enjoyrentmadeira.pt) . This condition is not valid for vehicle groups categorized as available only to drivers aged 25 or over;
- TC reserves the right to refuse to rent the Vehicle to any person that its Representative considers unfit to drive and/or who does not comply with TC's rental conditions set out in this paragraph.
5- CUSTOMER OBLIGATIONS
In addition to other obligations set forth in these Rental Agreement Terms and Conditions, the customer is obliged to:
- Proceed with payment for the Vehicle rental in accordance with the rates in force or previously contracted.
- Proceed with payment for optional and/or extra services subscribed to by the Customer and described in the Rental Agreement;
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- Do not change parts and any components and/or accessories of the Vehicle;
- Do not smoke inside the Vehicle, and confirmation of signs that indicate such conduct determines the payment by the Customer of the “Special Cleaning” Service (provided for in the “extras and optional services” price list).
- Return the Vehicle with the interior in a similar clean condition to that at the time of delivery. Failure to comply with this obligation will result in the extra charge for “Special Cleaning” (see the public table “extras and optional services” at www.enjoyrentmadeira.pt);
- Return the Vehicle with the same level of fuel that was delivered to you, being responsible for paying for the missing fuel and the refueling service (see the public table “extras and optional services” available at www.enjoyrentmadeira.pt);
- Do not sublet the rented Vehicle, except in cases provided for by Law and provided that it is previously authorized by TC.
- The following will also be the responsibility and expense of the Client:
a-All expenses incurred by the Customer during the rental period, namely fuel, parking, fines, penalties and any and all infractions inherent to the use and driving of the Vehicle.
b-All administrative and legal expenses and charges due for the identification of drivers and/or processing of processes with the competent authorities and in accordance with the current price list for “extras and optional services”;
c- Payment of all expenses arising from the repair of the Vehicle, if it has been filled with fuel other than that requested.
d-All costs arising from repairing damage to the Vehicle caused by the Customer, due to dangerous or negligent driving, driving in violation of any rule of the Highway Code, namely speeding, driving under the influence of alcohol, psychotropic substances or any other substances that impair driving ability;
e- Without prejudice to the provisions of the previous paragraph, all costs of repairing damage caused to the Vehicle during the term of the Rental, including, but not limited to, due to shock, collision, rollover, fire, acts of vandalism and/or resulting from theft or robbery of the Vehicle, up to the value of the Excess indicated in the Rental Agreement and expressly safeguarding the damage recorded and detailed in the “Vehicle Delivery/Reception” document;
f-For theft, robbery or total loss of the Vehicle, for any reason, up to the amount of the Excess indicated in the Rental Agreement;
g-For the costs of replacing tires damaged as a result of misuse of the Vehicle;
h-For the amount due for the provision of the Vehicle return service between TC stations, in the event that the Customer delivers the Vehicle to a different location than the one scheduled (see the public table “extras and optional services” available at www.enjoyrentmadeira.pt);
i-All administrative, judicial and extrajudicial expenses, fines, penalties and other pecuniary sanctions, whatever their nature, arising from the violation of any rule attributable to the Customer or the Vehicle while it is in their possession;
j-All other expenses, including legal expenses, attorney's fees, solicitors' fees, or any other entity hired by TC to obtain payment of any amounts owed by the Customer, as well as all costs that TC may incur in recovering, or taking possession of, the Vehicle rented from the Customer.
k-For the amount due for issuing a second copy of the Vehicle documentation and/or a second key for the Vehicle due to damage, misplacement or loss thereof (see the public table “extras and optional services” available at www.enjoyrentmadeira.pt);
l-All expenses, fines and other charges inherent to the immobilization of the Vehicle, when it is seized by the police authorities as a result of any unlawful acts for which the Customer is responsible, including the illegal transportation of goods;
m-Taxes applicable in accordance with current legislation, throughout the term of the Rental Agreement;
n-For any losses or damages suffered to goods left or transported in the Vehicle.
- In the event that the damage caused to the vehicle indicated in points d and d of the previous paragraph results from the Customer's willful misconduct or gross negligence, the latter's liability shall not be limited to the amount of the Excess indicated in the rental agreement. In the event that the Customer fails to return the keys of the stolen Vehicle to TC or fails to present documentary proof of the report of theft or robbery to the police authorities, the Customer's liability shall also not be limited to the amount of the Excess indicated in the rental agreement.
- TC has the right to reduce the rental period and demand the immediate return of the Vehicle in the event of a breach of any provision referred to in these Terms and Conditions of the Rental Agreement, without prejudice to any compensation to which, under legal or contractual terms, TC may be entitled.
7- FLEET AVAILABILITY
- The Customer's reservation is made based on a Vehicle group. The brands and/or models shown in the promotional images are merely indicative of the Vehicle group reserved.
- If there is no availability of a vehicle from the reserved group at the time of delivery to the Customer, TC guarantees the delivery of a vehicle from a larger group than the one reserved at no additional cost to the Customer.
8- RENTAL PERIOD
- The minimum TC rental period is 24 hours.
- Rental extension: if the Customer wishes to extend the rental period, he/she must contact the TC rental station to obtain the necessary authorization and respond to the email sent by TC for this purpose, confirming the rental extension and authorizing the debit of the rental extension and respective extras and optional services to the credit card registered in the rental agreement. In the absence of authorization from TC or effective payment of the amount due, it will be considered that the Vehicle is being used against TC's legitimate will, and the Customer will immediately be committing the crime of breach of trust, which will be reported by TC to the competent authorities.
- Rental days not used by the Customer are not subject to any refund.
9- RESERVATION CANCELLATION AND “NO-SHOW”
- The Customer may cancel the reservation under the following terms:
- If made up to 8 days before the start of the rental, there will be no cost or penalty for the Customer, with the full amount of the advance payment being refunded (including extras and optional services and coverage);
- If made between 8 and 3 days before the start of the rental, up to 3 days of rental will be charged (including extras and optional services and coverage), with any advance payment exceeding the 3 days of rental being refunded;
- If made within 2 days prior to the start of the rental, there will be no refund.
- Cancellations must be requested by sending a message to info@enjoyrentcar.com .
- If the Customer does not appear at the Tarefacrescida Renta a Car rental station on the day and time indicated in the reservation, the rental will be considered a “no-show” and there will be no refund of the advance payment.
10- DELIVERY AND COLLECTION SERVICE
The delivery and collection service is subject to prior confirmation by TC, under the following terms:
- The request, indicating the complete delivery and/or collection address of the Vehicle, must be sent by the Customer to info@enjoyrentcar.com or mentioned at the time of online booking, at least 24 hours in advance of the date and time of delivery or collection.
- The value of this service is calculated based on the distance between the nearest TC rental station and the location of delivery or collection of the Vehicle, with the value being communicated to the Customer when TC confirms the service;
- Acceptance of the value of this service must be confirmed by the Customer by email to info@enjoyrentcar.com or at the time of online booking, at least 24 hours in advance of the date and time of delivery or collection;
- Payment for this service must be made by the Customer at the time of delivery or collection of the Vehicle.
11- AFTER-HOURS SERVICE
- The After Hours service is subject to prior confirmation by TC and is available for the start and end of the rental, under the following terms:
- The request, indicating the exact date and time (flight number if applicable), must be sent to info@enjoyrentcar.com or mentioned at the time of online booking, at least 24 hours in advance of the date and time of the service.
- The value of this service will be due for each service requested and will be confirmed by TC in the confirmation email or in the online booking confirmation;
- Acceptance of the value of this service must be communicated by the Customer by email to info@enjoyrentcar.com or by confirming the online reservation;
12- CHANGING THE VEHICLE RETURN LOCATION
- If the Customer wishes to change the return location of the Vehicle, he/she must send the respective request, indicating the desired TC rental station, to info@enjoyrentcar.com or as stated at the time of online booking, at least 24 hours in advance of the return date and time.
- Returns to a rental station counter other than the one initially confirmed are subject to prior confirmation by TC and the payment of an additional amount calculated based on the distance between the initial station and the desired one, in accordance with the Public Table of “extras and optional services”. Payment for this service must be made by the Customer when returning the Vehicle.
13- INSURANCE AND COVERAGE
- All TC Vehicles are covered by a motor insurance policy with the legal limits of third party liability. The insurance policy number and other information are present on the green letter that accompanies the TC documents inside the Vehicle.
- The insurance coverages provided by MR are as follows (see Public Table available at the rental station counter or at enjoyrentmadeira.com):
CDW ( Collision Damage Waiver): The Customer's liability arising from damage caused to the Vehicle, by the Customer or by third parties, is limited to the maximum amount of the excess, calculated in accordance with the respective table in force at the time of confirmation of the reservation, except for damage to windows, the lower or upper part of the vehicle without collision, rims, tires, and interiors, or if the Customer fails to scrupulously comply with the provisions of this contract, the Highway Code and other applicable legislation.
- TP ( Vehicle Theft Protection) and: The Customer's liability arising from losses caused by theft or robbery of the Vehicle is limited to the maximum amount of the excess, calculated in accordance with the respective table in force at the time of confirmation of the reservation, unless the Customer fails to scrupulously comply with the provisions of this contract, the Highway Code and other applicable legislation;
- PAI ( Personal Accident Insurance ): In the event of an accident, this guarantees the payment of medical expenses up to a maximum of 1,500.00 Euros and compensation for death or permanent disability up to a maximum of 15,000.00 Euros per occupant (up to the vehicle's capacity limit).
- SCDW ( Super Collision Damage Waiver): In the event of damage to the bodywork of the rented Vehicle, the excess is reduced to €0.00. It does not include damage to windows and tires, headlights and headlights, rear-view mirrors, as well as damage to the lower and upper bodywork and interior of the Vehicle, loss or damage to keys and documents and fuel replacement. At the beginning of the rental contract, a credit card authorization is required for the amount corresponding to a security deposit quantified by Vehicle group.
- WDW ( Windscreen and Tyre Waiver): Includes coverage for damage to windows , tyres and rims, rear-view mirrors, headlights and optics of the rented Vehicle. Does not include damage to the lower or upper bodywork or interior of the Vehicle, loss or damage to keys and documents. At the beginning of the rental contract, a credit card authorization is required for the amount of the excess corresponding to the group of the rented Vehicle.
- FC ( Full Coverage ): FC (Full Coverage) includes PAI insurance and SCDW and WDW coverage. It does not include damage caused to the lower or upper bodywork, inside the Vehicle, loss or damage to keys and documents and fuel change. Subscribing to it reduces the excess to €0.00 and requires credit card authorization in the amount corresponding to a security deposit quantified by Vehicle group.
14- VEHICLE CLAIMS, ACCIDENTS, THEFT AND/OR ROBBERY
- In the event of an accident, theft, robbery or fire, even partial, of the rented Vehicle, the Customer undertakes to:
- 1- Contact the Travel Assistance service, whenever necessary;
- 2- Report to the TC within a maximum period of 8 hours from the date of its occurrence, and undertake to simultaneously report to the police authorities even without the involvement of third parties or bodily harm;
- 3- Complete the Friendly Declaration of Car Accident with the circumstances of the accident, date, time, place, name and address of witnesses, the name and address of the owner and third party involved and the registration number, make, Insurance Company and insurance policy number of the third party vehicle;
- 4- Not to declare, under any circumstances, responsible or guilty of the accident to the third party, and/or any witnesses;
- 5- Do not abandon the Vehicle without having taken adequate measures regarding its protection;
- 6- In the event of an accident involving third parties, whenever possible, take photographs of the vehicles involved in the position in which they were left after the accident, as well as the damage caused to the vehicles in question;
15- PAYMENTS, SECURITY DEPOSITS AND DEDUCTIBLES
- The Customer declares to be aware that the minimum rental period of the Vehicle will be 24 hours from the start of the rental and that the calculation of the total rental amount will be based on the exact number of days during which the Vehicle was in the Customer's possession, depending on the applicable rental rate and optional extras and services contracted under the terms of these Rental Agreement Terms and Conditions.
- Under the terms of this clause, the amounts due for the rental, optional extras and services and coverage contracted and other amounts for which the Customer is responsible as set out in clause 3 of these Terms and Conditions of the Rental Agreement will be charged to the credit card presented by the Customer on the date of conclusion of the rental agreement.
- For the purposes of the previous number, the Customer will present a valid credit card and expressly authorize TC to carry out the debits indicated in the previous number, accepting that these debits may occur after the end of the Rental Agreement upon confirmation by TC that they relate to the rental and are its responsibility under the terms of these Terms and Conditions of the Rental Agreement.
- All credit cards presented by the Customer must have a validity of 60 days or more after the scheduled end date of the rental.
- In the case of online reservations made at enjoyrentmadeira.com , the Customer may make advance payment for the rental using the following payment methods via Ifthenpay - Payment Institution Authorized and Supervised
by the Bank of Portugal (registration number 8707):- 1- Credit card (Visa, Mastercard);
- 2- Multibanco Reference;
- 3- Bank transfer;
- In the case of payment by credit card, the Customer's card will be debited immediately after the booking is confirmed. If it is not possible to provide any of the reserved services, the amount for these services will be credited to the Customer's card after the booking is closed, without prejudice to the provisions of clause 6 of these Rental Agreement Terms and Conditions.
16- MAINTENANCE AND RENTAL EXPENSES
- Mechanical maintenance resulting from normal use of the Vehicle is the responsibility of TC. In the event that the Vehicle is immobilized, any repairs or interventions on it may only be carried out with the prior written agreement of MR and in compliance with all instructions given by TC to the Customer. In the event that repair or intervention is authorized by MR, the Customer must provide TC with a tax-acceptable invoice, issued in the name of Tarefacrescida Rent a Car Lda , tax number 517672421 , describing the intervention carried out, the parts replaced and the respective labor.
- TC does not accept any responsibility for delays or losses caused by breakdowns or accidents, provided that it uses all precautions and best efforts to avoid such occurrences.