RENTAL CONTRACT – GENERAL CONDITIONS

MADPOINT Rent a Car (hereinafter referred to as “lessor”) rents to the CLIENT identified on the front of this contract (hereinafter referred to as “client”) the vehicle described in this contract (hereinafter referred to as “vehicle”) under the terms and conditions set out in this rental contract of which the client takes knowledge, agrees and, with his signature binds himself to observe and respect the said.

ARTICLE 1 – USE OF THE VEHICLE

1.Under the penalty of exclusion from insurance and, therefore, considered as uninsured, the client agrees not to allow the vehicle to be driven by any person or persons other than those identified and accepted by the lessor as stipulated in this contract or any attachment or amendments thereto.

1. a) To transport passengers or goods, in exchange for any compensation or remuneration, implicit or explicit, whatever the form of commitment.
2. b) To push or pull any vehicle or trailer and/or any other object, whether wheeled or not.
3. c) For sportive competitions, official or not.
4. d) By people under the influence of alcohol or narcotics.
5. e) For any transport in violation of customs regulations or which is in any way illegal.
6. f) For transporting passengers or goods in violation of the relevant provisions in the vehicle’s registration.
7. The people authorized to drive the said vehicle under the provisions of paragraph (1) of this Article.

3.1 The minimum age required to drive the vehicle is 19 years and to have held a driving license valid in Portugal for at least 1 year.

3.2 A fee of €9.50 per day applies to young drivers aged 25 or under and drivers aged 75 or over.

4. The client is obliged to keep the vehicle locked outside the periods of use and not to leave any car documents inside the vehicle, without prejudice to always carrying them.
5. The client is expressly forbidden to sell to mortgage or in any way to give in guarantee the said vehicle, this contract, the documents or tools or to make use of it to harm the lessor.
6. Any infraction to the disposed of in this article authorizes the lessor to withdraw the vehicle from the client, without previous warning and without prejudice to the compensations that, under the legal or contractual terms, the client is obliged to satisfy.

ARTICLE 2 – CONDITION OF THE VEHICLE

1. The customer expressly declares that they have received the said vehicle with a warning triangle and sealed odometer, standard tools, five marked tyres or an inflation kit, logbook and title deed, Green Card insurance and inspection certificate.
2. In case of deterioration of any of the tires, for reasons unrelated to its normal use, the client will be responsible for the costs associated to a new set of tires of the same brand.
3. The loss or destruction of documentation will incur a fee of €250.
4. Losing your car keys will cost between €150 and €650.

ARTICLE 3 – INSURANCE, EXCESS AND COVERAGE

1.The price includes a limited third-party liability insurance in accordance with the laws in force in the country, a copy of which can be examined at the Rental Firm’s office.

2. The customer must choose between CDW (Collision Damage Waiver) or SCDW (Super Collision Damage Waiver) insurance. In the case of CDW, the customer is required to leave a deposit and is liable for any damage to the vehicle up to the excess amount. With SCDW, the customer is exempt from leaving a deposit, but is liable for the excess amount in the event of negligence or violation of the Highway Code.
3. Whether with CDW or SCDW coverage, all damage caused to the rental vehicle resulting from misuse or violation of the Highway Code will be borne by the customer, along with repair costs, towing of the vehicle to the station of origin, and compensation corresponding to the downtime of the damaged vehicle.
4. In the event of an accident, a non-refundable administrative fee of €150 may be charged, regardless of whether the customer has CDW or SCDW.
5. The client agrees to protect the interests of the lessor and the lessor’s Insurance Company in case of accident during the period of this rental in the following way:
6. a) They are obliged to report to the lessor any accident, theft, robbery, fire, even if only partial within 24 hours, he obliges at the same time to report immediately to the police authorities every accident in which bodily injury, theft, and those in which the culpability of the other party must be established.
7. b) They are obliged to mention in the report the circumstances in which the accident occurred, the date, place, name, brand, insurance company and policy number of said third vehicle.
8. c) They are obliged not to declare themselves, in any case, responsible or guilty of the accident with the third party.

6.The client exonerates the renter of any responsibility for loss, theft, robbery or damage to objects and utensils transported in the vehicle.

7. The vehicle is only covered by insurance for the period agreed in the rental contract. After this period, unless an extension of the contract is agreed by both parties, the lessor declines all responsibility for accidents caused or that could be caused by the client, who is the only responsible for them.
8. The lessor declines all responsibility for damages caused to third parties during the rental period if the client has deliberately given the lessor false information, namely concerning his identity, address, or the validity of the driving license.
9. The rental cost must be paid at the start of the rental period and will be based on the current price lists. If a deposit was left when opting for CDW insurance, the amount will be refunded in full in the absence of new damage and may take up to 30 working days.

ARTICLE. 4 – FUEL AND OIL

1. Fuel is always paid for by the customer, who must return the vehicle with the same fuel level as when it was received, unless the Full Tank option has been chosen. Any fuel missing will be charged according to the price per litre stated in the contract and a refuelling fee of €5. In the event of a fuel mistake, the customer is liable for a fee ranging from €550 to €1,200.

ARTICLE 5 – VALIDITY OF RENTAL

1. The rental ends on the date agreed between both parties and if the customer wishes to extend the rental period, they must contact the rental company by email or visit their offices. In the absence of consent, the vehicle is considered to be driving without authorisation and against the owner’s will, which is punishable by law and the responsibility of the driver.
2. The customer undertakes to pay a vehicle abandonment fee of €250 if they fail to comply with the date, time and place of return of the vehicle agreed by the lessor on the day of collection.
3. All changes to the terms and clauses of the present contract that have not been agreed in writing will be null and void.

ARTICLE 6 – APPLICABLE LAW AND JURISDICTION

1. This rental contract is made with the laws of the country in which this contract is signed and governed by them.

ARTICLE 7 – DATA PROTECTION

The COMPANY MADPOINT Rent a Car declares to comply, and undertakes to comply, with the provisions of the RGPD – EU 2016*679 of the European Parliament and of the Council of 27/04/2016, and other legislation relating to the protection of personal data and privacy protection, keeping in total confidentiality the personal data (“Data”), access to which has been given to it by the client, in the context of the provision of services, object of the present contract.