General Rental Conditions
General Rental Conditions
GENERAL CONDITIONS OF RENTING VEHICLES
THE OBJECT
Atlantic Secrets Lda, leases motor vehicles duly identified in the particular conditions of the contract of hiring of vehicle without driver, hereinafter referred to as contract, to the customer identified in the general conditions, hereinafter referred to as Customer who will be governed by the following terms and conditions:
DELIVERY AND RETURN OF THE AUTO VEHICLE
The Customer acknowledges and accepts that the vehicle received is in good working order and cleaned, with all accessories, equipment, namely tires in good condition, and documents mentioned in the Contract and in the joint verification document designated by check-out and that you agree to return it at the date, time and place agreed in the Agreement, under the same conditions as you received it.
In case of deterioration of the tires for reasons unrelated to a prudent and normal use, the Customer undertakes to replace immediately and at his expense, for a tire with the same characteristics and brand. In the event of a bore and / or damage that destroys only the tire, in prudent and normal use, the Customer must pay € 50 (fifty euros) to € 250 (two hundred and fifty euros), depending on the group to which the vehicle, plus administrative costs of € 30 (thirty euros) per claim, to Atlantic Secrets Lda, at the time of the return of the motor vehicle.
2.3. If the use of the vehicle violates the Agreement, Atlantic Secrets, Lda, assumes the right to terminate the Contract, and it is obligatory for the Customer to return the vehicle to the agreed place, otherwise the vehicle will be withdrawn at its expense, pursuant to of law.
2.4. The Customer will return the vehicle at the end of the Contract or at the date of its resolution, unless otherwise agreed, at the premises of Atlantic Secrets Lda, where it was delivered, within working hours, or at a place indicated by the latter, under penalty of if it considers the Contract not being fulfilled.
2.5. If you wish to extend and / or change the rental period, although subject to the approval of Atlantic Secrets Lda, you should contact it in order to enter into a new Contract at your premises.
2.6. If the vehicle is not returned on the agreed date, the Customer undertakes to pay to Atlantic Secrets Lda, as a penalty clause, for each day, whole or fraction, an amount calculated on the basis of triple the daily rate for the rented vehicle, and is also required by Atlantic Secrets Lda, to initiate the civil and / or criminal judicial procedures necessary for the recovery of the vehicle and compensation for the damage suffered, in particular the use of a precautionary procedure appropriate to the return of the vehicle.
2.7. If the vehicle is left in a place other than the agreed place, there will be a mileage compensation of € 1 per kilometer, according to the kilometers corresponding to the distance between the place where the vehicle is and the place of origin.
2.8. The Customer is responsible for all losses or damages, including theft or theft of the vehicle if it is not returned to an Atlantic Secrets, Lda, employee.
2.9. Atlantic Secrets Lda, assumes no responsibility for any loss, theft, theft or property damage of property left by the Customer or any passenger in the motor vehicle, either during the rental period or after its expiration.
THE USE OF THE AUTOMOBILE VEHICLE
The Customer must take care of the motor vehicle, ensuring in particular that:
Make normal and prudent use of the vehicle, complying with the Law, especially the Road Code, ensuring that the vehicle is properly locked in a safe place when it is not being used;
Use the proper fuel;
Use with diligence any safety device installed in the vehicle, if any;
Immediately report any defect or malfunction of the vehicle;
Avoid by act or omission, third parties with the conviction that the vehicle is your property, notifying Atlantic Secrets Lda, immediately in case of attachment, arrest, robbery, theft, requisition, confiscation or any other offense of ownership, possession or detention of the vehicle.
Transportation of passengers or goods in violation of the Law;
In sports events or training, official or not;
By any person under the influence of alcohol, narcotics or any other substance not allowed by law and that, directly or indirectly, reduce their perception and / or reaction capacity;
For persons holding a driving license of less than 1 year or 2 years, persons under the age of 19, 20 or 25 according to the group to which the vehicle belongs and / or persons not identified in the contract or attached document as drivers additional;
Be used to push or pull any vehicle or trailer or any other object with or without wheels;
Outside the national territory except with prior express authorization from the Atlantic Secrets Lda;
It is forbidden to the Customer, in relation to the vehicle, its documents, tools, parts and components, to perform the following acts: sublet, lend, assign, sell or otherwise guarantee, transform, modify or place advertising or commercial terms.
The Customer is exclusively liable for fines, fines and other penalties that the Courts and Administrative Authorities establish, as a result of administrative and criminal proceedings for infractions of the Road Code, parking, among others committed with the vehicle, during the rental period.
OF MAINTENANCE AND REPAIR OF THE AUTOMOBILE VEHICLE AND FUELS:
If you are aware of any technical problem with the vehicle, you must immediately detain it and contact Atlantic Secrets Lda, or in the case of out of hours travel assistance.
In the event that the vehicle is immobilized due to a fault, repairs may only be carried out by the Customer if authorized in writing by Atlantic Secrets Lda, and in accordance with the instructions it transmits, and the repairs must include a detailed invoice indicating the replaced parts. If it is necessary to replace the damaged vehicle and if there is no availability, Atlantic Secrets is not obliged to provide another vehicle or organize a new rental for the customer. However, an amount equivalent to the days not used during the rental may be refunded.
The costs of towing, due to misuse of the vehicle, will be the responsibility of the Customer.
The vehicle is delivered and must be returned attested of fuel, otherwise the cost of the missing fuel will be charged to it, plus a legally permitted refueling service fee.
The Customer shall take all necessary protective measures to keep the vehicle in the same condition as it has been delivered to him, namely that he must regularly inspect the state of the vehicle for oil, water and tire pressure. Expenses with oils must be documented in order to allow reimbursement by Atlantic Secrets Lda.
In case of introduction of fuel and / or substance of a different type from the one used by the vehicle, the Customer is responsible for the costs of full fuel replacement, dismantling and washing of the tank, engine tuning and other damages caused to the vehicle.
In case of loss of the key of the vehicle or irreversible damages of the same, the Customer expressly obliges to pay between €200 (two hundred euros) and €500 (five hundred euros), depending on the group to which the vehicle belongs.
OF PRICES, DEADLINES AND PAYMENTS
The rental price is determined by the rate in force for the category of the respective vehicle and paid in advance. The Customer may also purchase optional extras whose value is presented with a legally valid VAT rate. After you select all the options you want, the final amount to be paid is displayed.
In the event of an extension of the rental, the Customer shall keep with him copies of the Contract that demonstrate the agreement given by Atlantic Secrets Lda, for the extension of the Contract.
If the extension of the lease is not verified, the Contract terminates at the end of the period still in force, and in case the Customer does not immediately deliver the car, the provisions of Clause 2.6 of this Contract.
The Customer also undertakes to pay / guarantee Atlantic Secrets Lda, in addition to the rental price:
The funds corresponding to the actual rental period;
The funds corresponding to the emergents damages from an accident to which it has given cause, or in case of theft or theft not covered by insurance. If such damages are covered by the insurance, only up to the maximum amount of the respective deductibles. If not covered by insurance, any costs of hospitalization and medical care for drivers and passengers;
The amount of € 70.00 (seventy euros) plus IVA, in case of loss of the vehicle documents;
The amount defined by law, plus IVA, by the vehicle refueling service, when it is not returned with the full tank;
The sum of € 100.00 (one hundred euros) plus IVA, in case of need of extraordinary cleaning of the vehicle;
Judicial and extrajudicial expenses, fines and other pecuniary penalties, whatever their nature, arising from the violation of any legal norm attributable to the Customer or the vehicle during the rental period;
As Atlantic Secrets Lda has been notified, as a result of a misconduct or illegal conduct practiced by the Customer, in order to identify it, the latter undertakes to pay as administrative expenses a sum of € 30.00 (thirty euros) for the information given to competent authorities;
The expenses and costs incurred by Atlantic Secrets Lda to obtain compliance by the Customer with the provisions of the Contract, namely the collection of amounts owed by the latter to Atlantic Secrets Lda, under the terms legally established;
The cost of the repair and damage caused by, inter alia, shock, collision, rollover, theft or robbery of the vehicle and its immobilization, for which:
In debts to be made will be used the tariffs in force at the time of the occurrence of the facts;
The Responsibility of the Customer, having the vehicle been used in accordance with the conditions set forth in the Contract, may be limited if previously contracted a franchise reduction service.
In order to guarantee compliance with the obligations arising from the Contract, in particular with regard to fuel and franchise, the Customer shall provide a deposit for the amount referred to in the Contract, in cash up to a maximum of €80.00 (eighty euros), cashier's check or debit card expressly authorizing Atlantic Secrets Lda to complete and debit the sums due.
The security will be refunded to the Customer as soon as the vehicle is returned to Atlantic Secrets Lda and all amounts owed by the former are settled. However, in the event of unpaid amounts (including additional rental days, fuel costs and / or deductibles), Atlantic Secrets Lda will apply the amount of the security, in whole or in part, in the payment of the same, without prejudice to claiming in court the amount still outstanding.
INSURANCE
6.1. The Customer and / or the authorized driver of the vehicle participate as insured persons of a motor insurance policy that covers limited civil liability up to a maximum amount of €50,000,000.00, in accordance with the laws in force in the Country.
6.2. The Customer may contract the following services, as shown in the attached table 2 and 3:
6.2.1. CDW (basic): this coverage partially covers damages caused by accident, collision, rollover, robbery or fire, in which the Customer will be responsible for the damages up to the maximum of the deductible, variable according to segment of the vehicle;
6.2.2. Coverage Medium: this coverage reduces the responsibility on the deductible, variable according to segment of the vehicle;
6.2.3. Premium Coverage: This coverage is adjacent to theft covers, own damage coverage, PAI accident insurance and damage coverage of headlights and tires in normal use, which requires an extraordinary payment. Damage under the car, rims and glass breakage are not included.
6.3. The Customer may also contract complementary services, mentioned in the attached table 4.
6.4. In the event of a claim, even with the delivery of a Friendly Car Accident Statement, the Customer responsible for payment of damages caused to the vehicle up to the maximum amount of the deductible in force in the Contract period, unless liability is assumed by another person.
6.5. Only the Customer and / or authorized drivers will enjoy franchise reduction services; failure to comply with this provision implies the total cancellation of the coverage contained in this article, and the provisions of this article are also void in case of an accident motivated by negligence, drunkenness, drug use or non-compliance by the Customer and / or driver of all general conditions rental and Road Code regulations and other applicable legislation, and insurance coverage will also be void if Customer does not return the keys to the vehicle in case of theft and / or theft to Atlantic Secrets Lda.
6.6. The insurance and any deductible relief services do not relieve the Customer from paying negligent damages in the upper, lower and inner parts of the vehicle, and tires provided there is no collision.
6.7. If the Customer has deliberately provided false information to Atlantic Secrets Lda, including its identity, address, e-mail address, telephone contact or validity of the driving license, Atlantic Secrets Lda reserves the right to pass on to the Customer all costs accrued as a result of such declarations, without prejudice to the criminal liability that may be applicable to the case.
6.8 Motorcycle Insurance: The Customer and/or the authorized driver participate as insured in a car insurance policy that covers limited civil liability up to a maximum amount of € 50,000,000.00, in accordance with the laws in force in the Country.
The Customer is responsible for paying all damages caused to the Motorcycles, unless liability is assumed by a third party. The amount of the franchise will be captivated on the credit card and only serves as a guarantee. If the damage exceeds the deductible, the Customer will have to pay.
ACCIDENTS
In the event of an accident, the Customer undertakes to adopt the following procedures:
Participating immediately to the police authorities any accident, theft, robbery and / or fire, even if partial, also obliging to participate in such a situation within a maximum of 24 hours to Atlantic Secrets Lda;
Do not leave the place of accident, theft, robbery and / or fire before the arrival of the police authorities, under penalty of being charged the damages resulting from them in totality, not having the coverage resulting from the reduction service of any contracted franchise, any effect in case of breach of this clause;
Mention the participation of the actual 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, trademark, insurance company and policy number of such third vehicle;
Not to declare in any case, responsible or guilty of the accident with a third party, otherwise Atlantic Secrets Lda will exercise its right of return.
All damages resulting from improper use of the car, as well as all costs of repair and indemnification corresponding to the standstill time of the injured vehicle, are the sole responsibility of the customer even in the case of subscription of the Premium Coverage, namely:
In case of an accident due to speeding;
In case of accident and / or driving under the influence of alcohol, narcotics or consumption of any other product that impairs driving ability;
7.3. All coverages are only valid during the period agreed in the contract. Outside of this period, the Customer will be solely responsible for, declining, from now on, Atlantic Secrets Lda any and all liability for accidents caused in this situation.
7.4. During the rental period, the Customer may purchase, at extra costs, a 24-hour travel assistance service associated with the use of the vehicle, with the provision of a trailer. At the time of the booking of the vehicle, the Customer may opt for an additional extra travel assistance, at a cost of € 2.00 (two euros) per day up to a maximum of € 130.00 (one hundred and thirty euros) If the Customer do not do it and need assistance on the road, the cost will be € 40.00 (forty euros) per service. The towing service is provided by Açoreana Seguros, whose address is Largo da Matriz, 45-52, R / C, 9500-094 Ponta Delgada - Matriz, with contact 707 200 116.
8. CANCELLATION, REFUND AND RETURN POLICY
8.1. The Customer may cancel his reservation until 72 hours before the date of the same, sending request for the email of the cancellations, indicating the ID of his reservation.
8.2. Atlantic Secrets Lda, will refund the amounts within 72 hours after the request to register the cancellation of the reservation only for those who purchased with Premium insurance. The refund will be made by the same payment method or by bank transfer, which may take up to 10 working days to reach the account. Bookings purchased with Basic or Medium insurance will not be entitled to reimbursement of amounts paid.
8.3. Atlantic Secrets Lda, after beginning the contract, will not refund the amounts paid.
8.4. In case of vehicle breakdown, in which the Customer is not at fault, Atlantic Secrets Lda, subject to availability, will replace the vehicle. If this is not possible, the remaining rental time will be refunded.
9. PERSONAL DATA
9.1. In accordance with the provisions of the legislation on the protection of personal data, Atlantic Secrets Lda, in its capacity as controller, will process the personal data of the Customer for various purposes, namely, (a) customer management; (b) compliance with legal obligations (Decree-Law no. 181/2012 of August 6, and, 15/88 of January 16); (c) market studies and marketing actions.
9.2. For the purpose of performing the Contract, the Customer authorize Atlantic Secrets Lda, in an express and unequivocal manner, to collect and process the following categories of personal data: name; phone number and / or mobile phone number; sex; age; address; taxpayer number; identity card number and date of issue; passport number and date of issue; citizen's card and expiration date; another identification document; driving license number and date of issue; email and IBAN for identification purposes as Customer and / or drivers of leased vehicles.
9.3. The Customer authorizes that, in case of non-compliance with the Contract, Atlantic Secrets Lda transmits its personal data to the ARAC (Association of Car Rental Operators without Driver), for inclusion in the Database of defaulting customers, which is duly authorized by the National Data Protection Commission.
9.4. For the purposes of the execution of the contract, management of the contractual relationship, in particular, prior to the formation of the contract and the declaration of the negotiation will be made, as well as the pursuit of the legitimate interests of Atlantic Secrets Lda, the Customer expressly authorizes Atlantic Secrets Lda physical and / or digital reproduction of the citizen's / identity card / passport and the driving license, and to keep their reproductions for the time strictly necessary for the purposes in question.
9.5. The personal data collected will be kept by Atlantic Secrets Lda for the period of time strictly necessary for the purpose for which they are intended in accordance with the provisions of Law no. 67/98, of October 26.
9.6. Atlantic Secrets Lda may communicate the data collected to third parties for: (a) the purposes of providing services, namely marketing, considering that this transfer, for all purposes, is carried out on behalf of and on behalf of Atlantic Secrets Lda and only provide sufficient guarantees regarding the security measures implemented; (b) to the police and / or judicial authorities, in the event of an application for violations of the Highway Code and for criminal investigation; and (c) to ARAC for inclusion in a database in case of non-compliance.
9.7. Atlantic Secrets Lda, as responsible for the processing of personal data, assures the Customer the exercise of the rights provided for in Law no. 67/98, of October 26, namely the right of opposition, rectification and elimination, which should be done by email dinartesimas@gmail.com or registered letter to Rua Domingos Dias Machado, nº 12, Commercial Zone of the Valados, Relay 9500-652, Ponta Delgada.
9.8. Pursuant to Decree-Law no. 181/2012, item e) of number 7 of article 9, the execution of this Rental Agreement is not dependent, pursuant to nullity, of the Client's consent to use, in any way, in defaulting Customer databases and its communication to ARAC, of the personal data provided under this Agreement.
10. THE FINAL PROVISIONS
10.1. The parties expressly agree for legal / judicial purposes, in particular for citations and / or notifications related to the Contract, as their domiciles contained in the Contract.
10.2. For all disputes arising out of the Agreement, the District Court of Ponta Delgada is stipulated, expressly waiving any other, unless otherwise required by legal procedural provisions.
10.3. The Costumer accepts the Particular and General Conditions of this Agreement, which have been explained in a timely manner, having been aware of his rights and obligations, which he is bound to observe and respect.
10.4. The Costumer is informed that in case of litigation he may use the National Center for Information and Arbitration of Consumer Disputes. Atlantic Secrets Lda, is not bound by adhesion or legal imposition due to necessary arbitration, to any alternative dispute resolution entity for consumer disputes. More information on Entities available for the promotion of out-of-court settlement of national and cross-border disputes under Law 144/2015 of 08 September, when they are initiated by a consumer against a supplier of goods or service provider and are related to contractual obligations resulting from sales or service contracts concluded between a supplier of established goods or services and consumers residing in Portugal and the EU, consult the Consumer Portal (WWW.CONSUMIDOR.PT) or ACRA - Consumers Association of the Region of the Azores, Rua de São João, 9500-022, Phone: 927394721.