1.1 – The car rental contract without driver signed between LIKETUKTRIP, LDA legal person no. 513646671, hereinafter referred to as LESSOR and the Client identified in the Particular Conditions, hereinafter referred to as LESSEE, is governed by these General Conditions and also by the Particular Conditions that precede and that are an integral part of the rental contract.
1.2. – Any change or derogation made to these general conditions must be written down and signed by both parties.
1.3. – The car rental contract without driver signed between the LESSOR and the LESSEE covers only circulation within the national territory, without prejudice to covering travel abroad with the express authorization of the LESSOR and in accordance with the scale valid at the time of signature of the contract.
SECOND CLAUSE – RESERVATIONS
2.1. – The LESSEE, to guarantee the reservation of the VEHICLE identified in the Particular Conditions, will have to pay the amount corresponding to 50% of the total rental, which is subject to the cancellation fees described in point 2. 8.
2.2. – The reservation must be reduced to writing.
2.3. – The confirmation of the reservation will be made by the LESSOR after checking the good collection of the amount indicated in point 2.1 (50% of the total rental amount).
2.4. – To guarantee the delivery of the VEHICLE, the LESSEE must pay the remainder of the total rental amount (remaining 50% of the total rental amount) up to 10 days before the start of the agreed rental period, which is set out in the Particular Conditions.
2.5. – The non-compliance with the payment referred to in the previous point will be considered by the LESSOR as a cancellation of the reservation, being subject to the cancellation fees described in point 2. 8.
2.6. – If the LESSEE intends to make a change to the reservation, he must contact the LESSOR immediately, however, subject to availability at that time.
2.7. – Any and all changes to the reservation must be approved by the LESSOR and formalized by the same route described in point 2.2, under penalty of resulting in the cancellation of the reservation, being subject to the cancellation fees described in point 2. 8.
2.8. – For due effects, the cancellation of the reservation by the LESSEE is subject to the following cancellation fees:
2.8.1. – Cancellation up to 31 days before the start of the agreed rental period: the total amount paid as a reservation will be returned to the LESSEE.
2.8.2. – Cancellation between 30 and 16 days before the start of the agreed rental period: only the amount corresponding to 50% of the amount paid as a reservation will be returned to the LESSEE.
2.8.3. – Cancellation between 15 and 7 days before the start of the agreed rental period: no amount paid as a reservation will be returned to the LESSEE.
2.8.4. – Cancellation up to 7 days before the start of the agreed rental period: any amount paid as a reservation will not be returned to the LESSEE, in fact, due to the total amount of the agreed rental.
THIRD CLAUSE – LESSEE AND ADDITIONAL DRIVERS
- 1 – Only the LESSEE and the additional drivers identified by it in the Particular Conditions that precede may drive the VEHICLE, and for that purpose they must present, when delivering the VEHICLE, originals of the personal identification documents and the driving license.
3.2 – The LESSEE and the additional drivers must be at least 21 years old at the time of signing the rental contract and have a valid driving license for class B (light vehicles).
3.3 – The provisions of the previous point, regarding the valid driving license, also apply to driving licenses issued by EU countries, as well as those issued by the Federal Republic of Brazil, Republic of Cape Verde, Republic of Angola, Principality of Andorra, Democratic Republic of São Tomé and Príncipe and Republic of Mozambique.
3.4 – If the LESSEE and the additional drivers are not resident in the countries of the U. E. or in the countries referred to in the previous point, they must, in addition to meeting the minimum age requirement provided for in point 3.2, have an international driving license.
- 5 – If the requirements described in the previous points are not met, the LESSOR reserves the right not to deliver the VEHICLE and to apply the cancellation fees described in point 2.8.4.
FOURTH CLAUSE – VEHICLE DELIVERY AND RETURN
4.1- – The rented VEHICLE is delivered, together with the respective documents, by the LESSOR to the LESSEE, at the premises of the first, at the time and date of the signature of the car rental contract without driver.
4.2. – The LESSEE declares to have received the vehicle in good working order, clean, equipped with all accessories and five tires in good condition, with no apparent defects.
4.3. – Any possible damage to the vehicle is duly identified in the “VEHICLE” field of the Particular Conditions that preceded it.
4.4. – The LESSEE undertakes to keep the VEHICLE in a good state of repair and cleanliness, and must return it to the LESSOR in the conditions in which it was delivered and on the date foreseen for the end of the rental, with all documents, equipment and related accessories. at the same.
4.5. – Upon delivery, the LESSEE must present the VEHICLE as received (see point 4.2), namely, clean inside (absence of garbage, sand, mud and other residues; waste water and toilet deposits properly empty and clean) and on the outside.
4.6. – If the LESSEE does not comply with the provisions of the previous point, the LESSEE will charge a cleaning fee, in the amount of € 70.00 (SEVENTY euros), according to the table in force.
4.7. – Liability for loss or damage to the VEHICLE’s accessories, equipment or spare parts will be imputed to the LESSEE, who will have to compensate the damage verified according to the table in force.
4.8. – The LESSEE is responsible for all losses or damages caused in the VEHICLE, including theft or theft, if it is not delivered to an employee of the LESSOR.
4.9. – The LESSEE undertakes to return the VEHICLE at the end of the rental period, or on the date of termination of the rental contract for a motor vehicle without a driver, at the LESSOR’S premises and within office hours, unless otherwise expressly agreed.
4.10. – If the LESSEE intends to return the VEHICLE in a different place from the one mentioned in the previous point, it is responsible for the costs borne by the rental company.
4.11. – If the VEHICLE shows defects contrary to its prudent and normal use, the LESSEE shall compensate the LESSOR for the cost of its repair.
4.12 – The delay in returning the VEHICLE constitutes the LESSEE in the obligation to pay to the LESSOR, as a penal clause, for each day of delay (whole or fraction) a value calculated based on three times the daily tariff practiced by the LESSOR, for the VEHICLE covered by the contract.
4.13 – It is the cause of automatic termination of the contract, without the need for recourse to the courts, the use of the VEHICLE for a purpose other than that intended, without prejudice to the LESSOR’s right to collect the VEHICLE, as soon as it becomes aware of the situation, without prior notice, the respective charges are the sole and entire responsibility of the LESSEE.
4.14. – If it is not possible to deliver the VEHICLE, at the beginning of the agreed rental period, for reasons not attributable to the LESSOR, namely because of one of the following situations: i) delay in delivery by the previous Lessee; ii) accident; iii) theft; iv) malfunction; or, v) any other situation that does not make it possible to deliver the previously booked vehicle, the LESSOR shall proceed to the return to the LESSEE of the rental price paid by him, with no amount due as compensation, in addition to that refund.
4.15. – For the delivery and / or return of the VEHICLE outside the premises of the LESSOR, or during its office hours (Monday to Friday from 9 am to 6 pm), the amount indicated according to the table in force is due.
FIFTH CLAUSE – USE OF THE VEHICLE
5.1. – The LESSEE may not make any modifications or alterations to the VEHICLE, nor install accessories in it, place advertising or commercial mentions without prior written authorization from the LESSOR, under penalty of automatic termination of the contract, without the need for recourse to the court, without prejudice to the the rental company ‘s right to collect the vehicle, as soon as it becomes aware of the situation, without the need for prior notice, and the costs and charges resulting from the replacement of the VEHICLE in the state in which it was delivered and the collection thereof, are the sole and entire responsibility of the lessee.
5.2. – The LESSEE will not allow the VEHICLE to be driven by people who have not been identified by him, as provided in point 3.
5.3. – The LESSEE will not use, nor will it allow, the use of the VEHICLE in the following situations:
5.3.1. – Public transport of passengers or cargo, in exchange for any compensation or remuneration;
5.3.2. – Use of the vehicle in sports events or training, whether official or not;
5.3.3. – Transport of goods, in violation of the legislation legally in force;
5.3.4. – Towing or assistance of any vehicle;
5.3.5. – Transport of passengers or goods in violation of the characteristics of the vehicle contained in the Single Document thereof;
5.3.6. – Any use contrary to current legislation.
5.4. – The LESSEE will not drive, nor allow the additional drivers of the VEHICLE to drive it, if they are under the influence of alcoholic beverages, narcotics or any other substance that reduces the perception or ability to react.
5.5. – The LESSEE cannot sublease, lend or assign, totally or partially, in any form or business, the rights arising from the car rental contract without the driver’s identification, without the prior express authorization of the LESSOR.
5.6. – The LESSEE undertakes to properly close and lock the VEHICLE and not to leave the documents relating to it or any other objects liable to cause theft, theft or damage to the VEHICLE.
5.7. – The loss or destruction, total or partial, of the VEHICLE’s documentation or keys, constitutes the LESSEE in the obligation to compensate the LESSOR for the inherent losses, namely for the expenses resulting from the issuance of duplicates, including administrative expenses by the LESSOR .
5.8. – If there is a loss and / or damage related to objects stored or transported by the LESSEE and other VEHICLE occupants, either during or after the end of the rental period, the LESSEE is entirely responsible.
SIXTH CLAUSE – RENTAL EXTENSION
6.1. – If the LESSEE intends to extend the VEHICLE’s rental period, beyond the date fixed for the end of the rental, he must go to the LESSOR’s premises at least 24 hours before the end of that period.
6.2. – The extension of the VEHICLE rental period is subject to approval by the LESSOR and, in case of approval, a new rental contract will be signed.
6.3. – If the LESSOR does not accept the extension of the rental period, the LESSEE undertakes to deliver the VEHICLE on the date initially agreed.
SEVENTH CLAUSE – MAINTENANCE AND OTHER DAMAGE TO THE VEHICLE
7.1. – The LESSEE undertakes to:
7.1.1. – Respect the VEHICLE indicator panels;
7.1.2. – Check the engine oil and water levels of the cooling system, for every 500 km traveled and reset their leveling if necessary;
7.1.3. – Check the air pressure in the tires and respective steering alignment;
7.1.4. – Communicate to the LESSOR any need for mechanical or electrical intervention not specified.
7.2. – In case of any of the situations mentioned in the previous point, the LESSEE must immediately immobilize the VEHICLE and contact the LESSOR who will indicate the appropriate procedure to follow.
7.3. – The costs arising from the repairs that the LESSEE has to carry out will be borne by the LESSOR, provided that the terms described in the previous paragraphs have been complied with and the LESSORS are provided with proof of the expenses incurred.
7.4. – Damage that affects the tires, namely punctures or bursting tires, is excluded from the scope of this paragraph, costs that are entirely borne by the LESSEE.
EIGHT CLAUSE – ACCIDENTS OR BREAKDOWN AND VEHICLE REPAIR
8.1. – The LESSEE, in the event of an accident, must immediately contact the LESSOR to inform him of the location and circumstances of the accident, and at the same time call the authorities to carry out the respective occurrence record, and the LESSEE must remain at the accident site.
8.2. – If the conditions for filling out a friendly accident declaration are fulfilled, the LESSEE is responsible for filling it with all the necessary elements, proceeding with the subsequent delivery of the same to the LESSOR so that it proceeds to the return to the Insurance Company that the represents.
8.3. – If the LESSEE verifies the existence of any mechanical or electrical damage to the VEHICLE, he must immediately immobilize the vehicle and contact the Rental Company who will indicate the appropriate procedure to follow.
8.4. – If it is possible to resolve the fault on the spot, the LESSEE, with prior authorization, provided in writing by the LESSOR, may repair the VEHICLE, in an official service of the brand and according to the instructions transmitted by the LESSOR.
8.5. – If the VEHICLE is immobilized and unable to move, following any of the situations mentioned in the previous points, the LESSOR will send a trailer that will transport the VEHICLE to its premises or to another location indicated by it.
8.6. – If the situation referred to in the previous point is verified and:
8.6.1. – THE VEHICLE is less than 50 km from its facilities, the LESSOR will send another vehicle to replace it;
8.6.2. – The VEHICLE is more than 50 km from its premises, the LESSEE and the VEHICLE will be transported to the LESSOR’s premises, where another vehicle will be delivered.
8.7. – The replacement of the VEHICLE, as described in the previous points, will only be ensured upon availability of vehicles for replacement.
8.8. – In case of replacement vehicle unavailability, the LESSOR will return the rental values corresponding to the period not used by the LESSEE.
8.9. – The costs arising from the repairs that the LESSEE has to carry out will be borne by the LESSOR, provided that the terms described in the previous points have been fulfilled and the LESSEE has provided proof of the expenses incurred.
8.10. – Any expense that the LESSOR has to bear with the VEHICLE’s trailer, inside or outside the country, due to the LESSER’s misuse of the VEHICLE, will always be his sole and exclusive responsibility.
NINTH CLAUSE – FUEL
9.1. – The VEHICLE must be returned by the LESSEE with the same fuel level as the one it had at the time of delivery, as identified in the Particular Conditions.
9.2. – If the VEHICLE is returned with a lower fuel level than the one it had at the time of delivery, the LESSEE will be charged the amount of the missing fuel, plus a € 25.00 fee for the refueling service.
TENTH CLAUSE – INSURANCE
10.1. – The VEHICLE has mandatory civil liability insurance under the terms of the current legislation, which covers only the Lessee and / or additional drivers and their own damages.
10.2. – The LESSEE can choose to hire one of the following coverage options that include damage caused by accident, theft or theft of the VEHICLE:
10.2.1. – BASIC Option: € 2,000.00 deductible (minimum damage limit), covering circulation outside Portugal – included in the VEHICLE rental price.
10.2.2. – STANDARD Option: € 750.00 deductible and includes cover for isolated glass breakage, with the inclusion of an additional driver, covering circulation outside Portugal – increase in the VEHICLE daily tariff according to the LESSOR’S table.
10.2.3. – PLUS Option: Franchise of € 350.00 and includes coverage for isolated glass breakage, with the inclusion of up to three additional drivers, with coverage extendable to occupants and comprehensive to circulation outside Portugal – increase in the daily rate of the VEHICLE according to the table in LESSOR.
10.3. – The LESSEE is obliged, in the event of an accident, to follow the following procedures:
10.3.1. – Participate to the LESSOR and the agents of authority any and all accidents, theft, theft or any other claims, within a maximum period of 24 hours after the occurrence of the same;
10.3.2. – Obtain the names and addresses of the persons involved and witnesses;
10.3.3. – Do not leave the VEHICLE without taking the appropriate measures to protect and safeguard it;
10.3.4. – Do not assume any responsibility or plead guilty in the case of accidents, which may imply LESSOR’s liability;
10.3.5. – Call the LESSOR immediately and provide him with a detailed report of the accident including the accident report drawn up by the law enforcement officers.
10.4. – In the event of an accident, theft or theft, the LESSEE is always responsible for a mandatory and unbearable deductible, referring to the damage caused in the VEHICLE, up to the amount fixed in the insurance option subscribed.
10.5. – The LESSEE shall be the sole responsibility of any and all expenses aimed at repairing the damage caused to tires, rear-view mirrors, on the lower and upper part of the VEHICLE body (above the windshield), as long as these do not result from a car accident. .
10.6. – If the LESSEE has not subscribed to the PLUS or ULTRA options, all damages due to the isolated breaking of glass are at your own risk.
10.7. – The LESSEE shall be solely responsible for all damages caused to the VEHICLE resulting from circulation on unpaved roads.
10.8. – In the event of theft or theft of the VEHICLE, the LESSEE must immediately report the occurrence to the competent authorities, communicating and sending a copy of the participation to the LESSOR, together with the VEHICLE keys, within a maximum period of 24 hours, under penalty of the contracted coverage. expire, with all costs being borne by the LESSEE.
10.9. – Whichever coverage option is subscribed, all damages resulting from the misuse of the VEHICLE will be the LESSEE’s exclusive responsibility.
10.10. – In the event of an accident that is due to speeding, negligence, driving under the influence of alcoholic beverages, narcotic products or consumption of any other that reduces the driving ability, the LESSEE shall be responsible for all expenses with the corresponding repair and compensation to the crashed vehicle’s downtime, regardless of the insurance option subscribed.
10.11. – The VEHICLE will only be covered by insurance during the agreed period and included in the Particular Conditions that precede, without prejudice to the extension of the contract to which it takes place, under the terms of the present general conditions.
10.12. – Liability for accidents caused or that may be caused by the LESSEE beyond the agreed time, are the LESSEE’s sole and exclusive responsibility.
ELEVENTH CLAUSE – SECURITY
11.1. – The payment of the deposit can only be made by reserving the amount in a valid credit card (Visa or MasterCard).
11.2. – Upon delivery of the VEHICLE, the LESSEE will be required to deposit a deposit equivalent to the insurance deductible amount, according to the option chosen (amount that will be held captive on the LESSEE’s credit card, as collateral, and as a guarantee for the deductible payment. insurance in case of theft or accident, and any other damage or loss made to the VEHICLE during the rental period).
11.3. – If the deposit amount is not authorized by the bank or by the entity that owns the credit card, the contract cannot be executed and the VEHICLE will not be delivered, in which case there will be no right to a refund of the amounts paid on the reservation by the LESSEE.
11.4. – The deposit will be returned to the LESSEE at the end of the rental period, after checking the VEHICLE by the LESSOR, if it is in the same condition as it was delivered at the beginning of the rental.
11.5. – If damage is detected to the VEHICLE, the LESSEE will determine the amount that the LESSEE must pay, this amount being deducted from the deposit deposited.
11.6. – If the situation referred to in the previous point is verified, the LESSEE will be responsible for the total costs of the repair and compensation corresponding to the VEHICLE’s downtime.
11.7. – If the LESSOR verifies the existence of damages resulting from an abuse of the VEHICLE and that these are of a value higher than the value of the deposit deposited, the LESSEE will be responsible for the payment corresponding to the difference between the value of these and the deposit provided.
11.8. – If it is not possible to determine immediately the amount of damage caused, the LESSEE has 10 days, counting from the date on which it is communicated to him by the LESSOR to proceed with the payment of the amount of the damage found or request the return of the difference between the security deposit and the amount of damages.
TWELFTH CLAUSE – PAYMENTS
12.1. – The LESSEE expressly undertakes to pay the amounts due, set out in these General Conditions and the previous Particular Conditions, to the LESSOR as soon as they are requested, namely:
12.1.1. – The price due for the VEHICLE rental, depending on the rental period and the insurance option subscribed;
12.1.2. – Any and all charges related to personal accident insurance, broken glass, additional accessories, and any other expenses applicable in accordance with the tariff or fees contained in the particular conditions of this contract;
12.1.3. – All taxes and fees levied on the VEHICLE rental price or the amount fixed by the LESSOR for the refund of these taxes;
12.1.4. – All costs borne by the LESSOR arising from the extra or judicial collection of the amounts due by the LESSEE, as a result of this contract.
12.2. – Any and all invoices issued by the LESSOR and not paid on the due date will be subject to interest on late payment at the maximum rate legally permitted, as well as subject to an increase of 20% as a penal clause and compensation for damages suffered.
12.3. – In the event of an accident, the LESSEE will pay € 35.00 as administrative expenses with the respective process.
12.4. – The LESSEE, from now on, gives its consent and express authorization to the LESSOR to complete and debit, on the said credit card, the amounts due.
12.5. – Without prejudice to the provisions of the previous point, the LESSOR may require the LESSEE to present one or more guarantors.
12.6. – If the LESSOR is required from the LESSEE to set up guarantors, these will be duly identified, with all the elements of personal identification, in the particular conditions precedent, which assume the obligation of principal payers, guarantee and jointly and severally liable for all obligations arising from the car rental contract without driver.
12.7. – The guarantors constituted under the terms of the previous point already waive the benefit of the previous extension provided for in article 638 of the Civil Code.
THIRTEENTH CLAUSE – AUTOMATIC TOLL PAYMENT DEVICE
13.1. – The subscription to the VIA VERDE service will have an additional daily cost, to be borne by the LESSEE, which varies between € 3.50 and € 25.00.
13.2. – If the LESSEE subscribes to the VIA VERDE service, the LESSEE provides him with an identifier owned by that, installed on the windshield of the VEHICLE.
13.3. – The VIA VERDE service allows, through the respective identifier, to determine the value of each toll fee, in view of its collection by the LESSOR to the LESSEE, who is solely responsible for the full payment of the value of those fees during the rental.
13.4. – For payment purposes, the LESSEE must provide a valid credit card, ensuring in the corresponding bank account a sufficient balance to cover the amounts due.
13.5. – The amounts to be charged under the terms of the previous points may occur after the end of the rental period, provided that the use of the road infrastructure has been verified during its term.
13.6. – The LESSEE is responsible for the conservation of the identifier, and must keep it in perfect condition, and under no circumstances can the equipment be removed from the place where it is installed, and must report any anomaly to the LESSOR or go to a service point. Via Verde for resolution.
13.7. – Failure to subscribe to this service implies the LESSEE’s responsibility, under the general terms defined by Law no. 25/2006 of 30 June, in its current wording, which approves the sanctioning regime applicable to transgressions in matters of road infrastructure where due to the payment of toll fees.
THIRTEENTH CLAUSE – INFRINGEMENTS
14.1. – The LESSEE is obliged to pay to the LESSOR all the amounts that it will bear with fines and / or fines due for the infraction of traffic, parking and toll rules, as well as all the consequences and responsibilities that result from it.
14.2. – To the amounts referred to in the previous point, € 25.00 (twenty-five euros) is added as administrative expenses.
14.3. – In the event that the LESSOR is notified, by any public or private entity, solely to identify the LESSEE in the context of an administrative offense process, he is obliged to pay as administrative expenses the amount of € 25.00 (twenty-two five euros).
FIFTEENTH CLAUSE – INFORMATION AND CLARIFICATION
The LESSEE expressly declares that the contents of these General Conditions and the previous Particular Conditions were timely and expressly communicated and explained to him and that he was aware of them.
SIXTEENTH CLAUSE – DISPUTES
16.1. – In the case of disputes arising out of or related to the car rental contract without a driver, including the Specific Background Conditions and these General Conditions, the jurisdiction of Lisbon is the competent jurisdiction.
16.2. – The parties agree that the addresses and contacts indicated in the previous Particular Conditions are valid for the purposes of service in and out of court or out of court.