Terms and Conditions

General Rental Terms

THIS CONTRACT IS GOVERNED BY THE CONDITIONS SET FORTH HEREIN, REVOKING ALL PREVIOUS CONDITIONS. PORTUGAL TOP CARS RESERVES THE RIGHT TO CHANGE THESE GENERAL CONDITIONS WITHOUT PRIOR NOTICE.

PORTUGAL TOP CARS (hereinafter referred to as “RENTAL PROPERTY”) rents to the user (hereinafter referred to as “CUSTOMER”) identified in the Rental Agreement (hereinafter referred to as Contract) the vehicle described therein (hereinafter referred to as “vehicle”) under the terms and conditions specified below, which the CUSTOMER acknowledges, agrees to and, by signing the same, undertakes to observe and respect.

ARTICLE 1 - USE OF THE VEHICLE

ARTICLE 2 - DELIVERY AND RETURN OF THE VEHICLE

ARTICLE 3 - RENTAL - PREPAYMENT - EXTENSION

ARTICLE 4 - PAYMENTS

ARTICLE 5 - INSURANCE AND OTHER COVERAGE

ARTICLE 6 - MAINTENANCE AND REPAIR

ARTICLE 7 - FUELS AND OILS

ARTICLE 8 - RENTAL DURATION

ARTICLE 9 - COUNTRIES EXCLUDED FROM RENTAL

ARTICLE 10 - PERSONAL DATA

ARTICLE 11 - APPLICABLE LAW, AGREED DOMICILE AND JURISDICTION

Rental Agreement

ARTICLE 1 - USE OF THE VEHICLE

1. Under penalty of exclusion from insurance coverage and, therefore, considered uninsured, the CLIENT agrees not to allow the vehicle to be driven by a person or persons other than those identified and accepted by the LESSOR as stipulated in the Contract or any annex or amendments that form an integral part thereof.

2. The CUSTOMER also undertakes not to use the vehicle or not to allow it to be used, under penalty of incurring the provisions of the first part of the previous number:
3. a) For the transport of passengers or goods, in exchange for any implicit or explicit compensation or remuneration, whatever the form of commitment;
4. b) To push or pull any vehicle or trailer and/or any other object , whether it has wheels or not;
5. c) For sporting events, whether official or not;
6. d) By persons under the influence of alcohol or narcotics;
7. e) For any transport in violation of customs regulations or which is otherwise illegal;
8. f) For the transport of passengers or goods in violation of the provisions on this matter set out in the vehicle registration document.

3. THE CUSTOMER is liable for fines and other penalties that the Courts and Administrative Authorities set, following the respective Administrative Offence Proceedings , within the scope of the use of the vehicle.

4. The CUSTOMER undertakes to keep the vehicle properly closed and locked outside of periods of use and not to leave any documents relating to it in it, without prejudice to always being the bearer of such documents in any way.

5. The CLIENT is expressly prohibited from selling, mortgaging or in any way providing the vehicle, this Contract, documents or tools as collateral or from using them in a way that could harm the LESSOR.

6. Any violation of the provisions of this Article authorizes the RENTAL PROPERTY to take the vehicle from the CUSTOMER, without prior notice and without prejudice to any compensation that, under legal or contractual terms, the RENTAL PROPERTY PROPERTY PROVIDER is obliged to pay.

7. THE CUSTOMER declares that he/she is aware of and accepts that the vehicle may be equipped with a geolocation system for anti-theft prevention purposes .

ARTICLE 2 - DELIVERY AND RETURN OF THE VEHICLE

1. The CUSTOMER expressly declares that he/she has received the vehicle in the conditions of use mentioned in the Contract, which is checked jointly by the CUSTOMER and the RENTAL COMPANY, equipped with five tires in good condition and without punctures, unless proven otherwise, with the CUSTOMER undertaking to return the vehicle in the conditions in which it was delivered.

3. THE CUSTOMER undertakes to return the vehicle to the RENTAL COMPANY on the date and at the place stipulated in this Contract, otherwise, if he fails to do so, the Contract will not be considered terminated.

4. The vehicle will only be considered returned after it has been physically inspected by a representative of the RENTAL COMPANY, and the CUSTOMER is responsible for paying for all damages incurred up to that point, up to the maximum deductible.

5. If the CLIENT opts for the "Out of Hours" service, he/she is obliged to accept the vehicle condition report that is prepared when the vehicle is physically inspected by the RENTAL COMPANY's representative.

6. Tampering with the odometer is expressly prohibited. Should this occur, the RENTAL PROVIDER is hereby authorized to charge the CLIENT 500 km/day, without prejudice to legal proceedings for fraudulent use.

ARTICLE 3 - RENTAL - PREPAYMENT - EXTENSION

1. The rental price, the prepayment amount and the extension amount will be determined by the rates in force at any given time and paid in advance. Holders of “PORTUGAL TOP CARS” cards or credit cards accepted by “PORTUGAL TOP CARS” are exempt from making prepayments provided that this fits within the conditions and/or credit limits of such cards.

2. Under no circumstances may prepayment be used as an extension of the rental period. Should the CLIENT wish to keep the vehicle for longer than the initially agreed period, and in order to avoid disputes, the CLIENT undertakes to obtain the LESSOR's agreement in advance, as well as to immediately pay the amount of the current rental and the prepayment for the extension.

3. Failure to comply with the provisions of the previous number allows the LESSOR to initiate the appropriate legal or criminal proceedings to obtain the immediate return of the vehicle, without prejudice to the CLIENT remaining obliged to pay the amounts provided for in the Contract.

4. In case of cancellation of the rental before and during, there is no refund of the amounts already contracted.

ARTICLE 4 - PAYMENTS

1. The CLIENT expressly undertakes to pay the LESSOR, as soon as requested and upon proof provided by the LESSOR, the following costs:
2. a) the amount corresponding to the kilometres travelled and/or days used, calculated in accordance with the tariff in force and specified in the Contract; the kilometres travelled will be determined by reading the odometer installed in the vehicle by the manufacturer. In the event of a fault in the odometer, which is not immediately reported to the LESSOR for repair purposes, the calculation will be made in accordance with the provisions of paragraph 5 of Article 2;
3. b) the additional charge for inter-city service , as provided for in the Contract, if applicable; if the vehicle is left in a location other than that provided for, without the prior written consent of the RENTAL PROVIDER, there will be compensation for the mileage or payment of an amount corresponding to the return service of the vehicle, in accordance with the rates in force corresponding to the distance between the place where the vehicle is parked and the place of origin;
4. c) the amount corresponding to the duration of the rental, damage caused in the event of theft, damage caused by an accident not covered by insurance, as well as the driver's insurance premium, if such insurance has been agreed;
5. d) all taxes and/or amounts payable under the situations set out in subparagraphs a), b) and c);
6. e) the amount corresponding to the fuel and refueling service, in the event that the CUSTOMER does not return the vehicle under the conditions set out in article 7;
7. f) all expenses, whether judicial or extrajudicial, namely administrative expenses for managing processes, as well as toll fees, fines, penalties and other pecuniary sanctions, whatever their nature, that the LESSOR incurs as a direct or indirect consequence of the violation of any legal or regulatory norm attributable to the CLIENT or to the vehicle whilst in the CLIENT's possession, even if knowledge of such expenses or costs only arises after the vehicle has been returned;
8. g) all expenses, including legal expenses, lawyer or solicitor fees, incurred by the LESSOR in order to obtain payment of any amounts owed by the CLIENT;
9. h) charges for minor damages: the CLIENT is also obliged to pay for minor damages to the vehicle resulting from its use during the rental period, the type and repair value of which are set out in the table made available to the CLIENT at the time of signing the respective Contract.

For this purpose, damages found at the time of return of the vehicle and which are not noted in the Contract at the date of its commencement are considered and whose verification is a joint obligation of the CLIENT and the RENTAL COMPANY.

The value of the damages will be charged according to the list price, at the time of completion of the Rental Agreement;

1. I) the cost of repair and damage caused by impact, collision, rollover and/or theft of the vehicle and its immobilization, as well as the cost of managing the claim process. For the purposes of the provisions of this paragraph, it is understood that:

The rates in force at the vehicle brand's representative will be used for debits to be made .

- The CLIENT shall not be liable under this paragraph if the vehicle has been used in accordance with all the terms and conditions contained in the Contract, of which these general conditions form an integral part and, cumulatively and additionally, has subscribed to the Contract and paid for any of the collision risk coverages - LDW, SUPER LDW and/or INS-Pack, and in the case of LDW coverage, the CLIENT must always

pay the amount of the deductible in force at any given time and as set out in the rental rate.

2. In the event that this Contract is signed under a Commercial Agreement concluded between PORTUGAL TOP CARS and a Company, the identification number of that Agreement must be expressly mentioned, with the respective signatory Company being jointly and severally liable with the CLIENT for the payment of any amounts referred to in this Article.

3. For a transaction where the card currency is different from the currency of the country where the rental is made : The CUSTOMER has the option, on the rental start date, to choose between the currency of the RENTAL country or the currency of the credit card.

If payment is made in the card currency, the invoice amount will be converted by PORTUGAL TOP CARS from the local currency to the currency of the card country:

- The following statement will be printed on the Contract: "The final amount will be converted into the currency of your Country" plus the 3-letter code identifying such currency (eg USA, GBP and EUR).

- The final rental amount will be converted at the exchange rate of the day, provided by Reuters, plus a commission of 2.75%. Any delay or correction will be processed in the same currency, selected by the RENTAL PROPERTY, and on the day of its receipt using the exchange rate applicable on that day.

- The conversion service is provided by Money Financial Services .

- If the CLIENT wants the currency to be exchanged, this can only be done at the CI, requesting a printout of the entire expense, otherwise the choice made at the CO is considered valid.

- If for any reason the conversion cannot be processed by PORTUGAL TOP CARS, or is declined by the cardholder at the time of rental, the transaction will be carried out in the local currency, and then converted by the card issuing Bank in accordance with its conversion conditions.

ARTICLE 5 - INSURANCE AND OTHER COVERAGE

1. The CLIENT or the authorized driver of the vehicle as established in Article 1 of this Contract participates as an insured party in a car insurance policy that covers Civil Liability towards third parties, in accordance with the laws in force in the Country.

2. The CLIENT agrees to protect the interests of Portugaltopcars and Portugaltopcars Insurance Company in the event of an accident during the period of this rental in the following manner:
3. a) undertakes to report to the Portugaltopcars any accident, theft, robbery or fire, even if partial, within a maximum period of 24 hours; undertakes, simultaneously, within the same period, to report to the police authorities any accident in which bodily harm occurs, cases of robbery or theft and those in which the fault of the other party must be clarified;
4. b) is obliged to mention in the report the circumstances in which the accident occurred, the date, time, place, name and address of the witnesses, the name and address of the owner and driver of the third vehicle involved and the registration number, make, Insurance Company and policy number of such third vehicle;
5. c) undertakes not to declare himself, under any circumstances, responsible or guilty of the accident to the third party.

3. At the time of rental, the customer agrees to purchase the following coverage:

LDW coverage : (vehicle damage and total or partial theft): the CLIENT, when subscribing to this coverage, will only be liable for payment up to the value of the minimum deductible set out in the Contract, in the event that, as a result of its use, the vehicle suffers its own damage or is stolen in whole or in any of its components. The cost of towing the vehicle is not included in this coverage in cases where there is negligence or fault on the part of the CLIENT. In order for this coverage to be activated, the CLIENT must present a DAAA - Friendly Declaration of Automobile Accident - and in it indicate and identify the third party responsible for the damage caused to the vehicle, if any; in the event of theft or robbery, the CLIENT must present documentary proof of the theft or robbery complaint filed with the police authority in the area where the incident occurred, as well as return the vehicle keys to the RENTAL PROPERTY, otherwise this coverage will have no effect;

1. b) PAI supplementary coverage: the CLIENT, by subscribing to this guarantee, will benefit from individual personal accident insurance for the driver, the limit of which is set out in insurance policy no. 4511324804, issued by AXA Insurance Company, and which also provides for medical assistance coverage and reimbursement of hospital expenses within certain approved limits. Any additional information will be provided at the CLIENT's request;

4. Only the CLIENT and/or drivers authorized by Portugaltopcars in the Contract may benefit from LDW, SUPER LDW and/or INS-Pack coverage.

Failure to comply with paragraph 1 of Article 1 shall render the coverage provided for in this Article ineffective.

5. The coverage referred to in this Article shall also be rendered ineffective in the event of non-compliance by the CLIENT and/or driver with all the General Rental Conditions, in particular the procedures set out in the final part of paragraph a) of paragraph 3 of this Article and the rules of the Highway Code and other applicable legislation, particularly in the event of an accident caused by negligence, speeding, or driving under the influence of alcohol or narcotics, with the CLIENT being obliged to pay the RENTAL COMPANY the full cost of repairs and other damages caused and compensation corresponding to the time the vehicle involved in the accident was out of service.

6. Even if the LDW, SUPER LDW or INS-Pack coverage has been accepted, the CLIENT will always be responsible for all damage caused to the RENTALOR's rental vehicle resulting from its misuse or negligent use, as well as for damage caused to the upper and lower parts of the vehicle when there is no collision and, furthermore, whenever the driver has not held a valid driving license for more than one year.

7. THE CLIENT acknowledges that the HIRER has no responsibility for losses, thefts, robberies or damages of any nature, relating to objects and/or utensils transported or found in the vehicle, including, in particular, luggage and/or goods, unless proven otherwise.

8. THE RENTAL PROVIDER reserves the right to pass on to the CLIENT all costs incurred in the event of failure to extend the lease in a timely manner and by agreement of the parties.

parts of the Rental Agreement, resulting from an accident and/or theft of the vehicle.

9. If the CLIENT has deliberately provided the RENTAL PROVIDER with false information, particularly regarding his/her identity, address or validity of his/her driving license, the RENTAL PROVIDER reserves the right to pass on to the CLIENT all costs and damages incurred as a result of such statements.

10. The CLIENT must, in advance, obtain written authorization from the RENTAL COMPANY in order to use the rented vehicle in an airport area, that is, any access area that is not open to public traffic (such as aircraft aprons, runways or similar areas) and in which the movement of vehicles is subject to control by the airport authorities.

In cases where the HIRER gives his written consent (however, this authorization will never be automatic and must be treated according to each situation), the rented vehicle will continue to benefit from third party insurance during the time it is circulating in the airport area, but for an amount that may be different from the normal amount. The HIRER will inform the amount of the insurance when requested.

ARTICLE 6 - MAINTENANCE AND REPAIR

1. Regular mechanical maintenance resulting from normal use of the vehicle is the responsibility of the HIRER. If the vehicle is immobilised, repairs may only be carried out with the prior written consent of the HIRER and in accordance with the instructions given, unless it is not possible to contact the assistance and repair services provided by the HIRER.

2. Repairs, once carried out , must be included in a detailed invoice , indicating the parts replaced.

Small repairs (namely lamps, fuses, oil replacement) up to a maximum amount of €50.00 are already authorized by the RENTAL PROVIDER , and the respective documents must be submitted. invoices in the name of PORTUGAL TOP CARS and with taxpayer number 504.370.570.

ARTICLE 7 - FUELS AND OILS

1. Fuel is always at the expense of the CUSTOMER, who must also always check the oil and water levels, as well as the oil level in the gearbox. Any expenses with oils must be duly proven in order to allow reimbursement.

Fuel billing : the vehicle is delivered with a full fuel tank and must also be returned with a full tank. If the CUSTOMER does not comply with this condition, in addition to paying for the missing fuel, he acknowledges the right of PORTUGAL TOP CARS to invoice him for the cost of the refueling service to cover its expenses.

2. In the event of introducing a different type of fuel to that used by the vehicle, the CUSTOMER is responsible for the costs inherent in the complete replacement of the fuel, disassembly and washing of the tank, engine tuning and other damage caused to the vehicle.

ARTICLE 8 - RENTAL DURATION

1. The rental begins on the date the vehicle is picked up and lasts until it is actually returned in accordance with Article 2, without prejudice to the LESSOR being able to subsequently charge any expenses incurred, directly or indirectly related to the rental, which are only detected after the vehicle is returned, including any damage suffered when the CLIENT chooses to return the vehicle outside of PORTUGAL TOP CARS stations or outside their normal opening hours, with the CLIENT hereby authorizing that the credit card used for the initial payment be charged, if this was the method adopted .

2. If the vehicle has been rented on the recommendation of an Insurance Company and the vehicle has been used for more than the period authorized by the latter, the CLIENT and/or authorized drivers will become responsible to the RENTAL COMPANY for the payment of all amounts arising from the Contract, without the RENTAL COMPANY having any obligation to provide prior notice that responsibility for these payments has been transferred.

3. Any and all changes to the terms and Articles of this Agreement that have not been agreed in writing will be null and void and have no effect whatsoever.

4. The CUSTOMER must go to the nearest PORTUGAL TOP CARS store whenever he/she needs to update or extend his/her Rental Agreement. The driver who drives outside the period mentioned in the Agreement will incur legal and contractual penalties for which he/she is responsible.

5. The parties grant the handwritten signature affixed digitally or by any biometric, digital or electronic means probative force identical to that of a written document, in accordance with current legislation, and the signature made, under those terms, shall have the same validity as the handwritten signature.

ARTICLE 9 - COUNTRIES EXCLUDED FROM RENTAL

Under all circumstances, the rental vehicle may not be moved to any of the following countries:

Albania - Algeria - Belarus - Bosnia/Herzegovina - Bulgaria - Cyprus - Croatia - Slovenia - Estonia - Greece - Hungary - Balearic Islands - Canary Islands - Iran - Iraq - Iceland - Israel - Latvia - Lithuania - Macedonia - Malta - Morocco - Moldova - Montenegro - Poland - Czech Republic - Slovak Republic - Romania - Russia - Tunisia - Turkey and Ukraine.

ARTICLE 10 - PERSONAL DATA

The CUSTOMER consents and accepts the collection and processing of his/her personal data by PORTUGAL TOP CARS or by an entity competent for this purpose, in accordance with the legislation on the protection of personal data (Law 67/98, of 26 October ), under the terms set out below.

1. The CLIENT's data collected under the execution of the Contract processed by PORTUGAL TOP CARS are essential to the contractual relationship between both parties; any omission or inaccuracy thereof is the sole and entire responsibility of the CLIENT.

2. The CUSTOMER's personal data will be processed and stored electronically, in accordance with the provisions of applicable legislation, and are intended to be used by PORTUGAL TOP CARS (i) within the scope of the contractual relationship with the CUSTOMER, ( ii ) inclusion, in the event of contractual breach due to non-payment, in a database of defaulting customers, and ( iii ) for direct marketing purposes or any other form of market research for the purpose of promoting its products and services. For these purposes, PORTUGAL TOP CARS may transfer the data to third parties, ensuring at all times that such transfer will be carried out in accordance with legal requirements and in compliance with security measures that guarantee the confidentiality of the data.

3. Under the terms of the applicable legislation, the CLIENT is guaranteed, free of charge, the right to access, rectify and update their personal data, directly or by written request to Rua do Campo Grande nº 380, 4625-679 MARCO DE CANAVESES, mobile: +351 967 640 361 and fax: +351 255 589 217, as well as the right to object to the use of the same for the purposes set out in the previous number for the purposes of direct marketing or any other form of market research for the purpose of promoting their products and services, at the time of collection of their data and/or, at any time, for which purpose they must contact the entity responsible for processing the personal data.

4. The CLIENT expressly authorizes the RENTAL PROVIDER, in the event of the latter failing to comply with the respective contract due to lack of payment, to communicate his/her personal data to ARAC - Association of Car Rental Manufacturers Without Drivers, for inclusion in a database of defaulting customers and subsequent disclosure by associated companies.

5. PORTUGAL TOP CARS is obliged to protect personal data against accidental or unlawful destruction, accidental loss, alteration, dissemination or unauthorised access, in particular when the processing involves transmission over a network, and against any other form of unlawful processing; these measures must ensure, taking into account the available technical knowledge and the costs resulting from their application, an adequate level of security in relation to the risks that the processing presents and the nature of the data to be protected.

ARTICLE 11 - APPLICABLE LAW, AGREED DOMICILE AND JURISDICTION

1. The Rental Agreement is made in accordance with the laws of the Country in which it is signed, and is governed by them. The vehicle rented under the respective Agreement may be driven abroad, without prejudice to the restrictions set out in Article 9, provided that it is driven by any of the drivers identified in the Agreement, and the RENTAL PROVIDER grants prior authorization.

2. All notifications to be made under the Contract must be sent to the addresses stated therein, which the PARTIES acknowledge should be considered their agreed domicile, for all legal purposes, and undertake to notify the other Party of any change.

3. Unless otherwise provided by law, the parties agree to establish the jurisdiction of the district of Lisbon to resolve any disputes arising therefrom, expressly excluding any other.

Rental Agreement

This document is an integral part of the Rental Agreement.

The CUSTOMER must confirm that he/she accepts charges on his/her credit card used for the initial payment, which are directly or indirectly related to the rental of the vehicle, even after its return.

When signing the Rental Agreement, you must confirm that you are aware of the table with the current rates, applicable deductibles, as well as the repair of minor damages.