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     Please read our General Terms and Conditions of Rental Contract.

  • General Terms and Conditions of Rental Contract

     

    Elementinquieto, Lda RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME AND/OR WITHOUT NOTICE.

    The Elementinquieto placed on Rua das Taipas 14, C.P. 4050-599 Porto, with the C 514717084 N.I.P. henceforth “Lessor”, rent the user, hereinafter referred to as “Client”, identified in this rental agreement, hereinafter referred to as “Contract”, the vehicle particularly with or without auxiliary motor, motorcycle or vehicle described in the same, hereinafter referred to as “vehicle”, in these terms and conditions.
    Further specified that the client takes note and agree by signing this document to be bound to observe and respect.

    Article 1 – Use of the Vehicle:

    1. Under penalty of exclusion from insurance coverage and therefore considered as unsafe, the client agrees not to allow the vehicle to be driven by any person other than those identified and accepted by the lessor, as stipulated in the contract or any attachment or changes that are part and parcel. 2. The client undertakes not to use the vehicle or does not allow it to be used, under penalty of incurring in the preceding paragraph: a) For carriage of passengers or goods, for any compensation or remuneration implicit or explicit, of any form of compromise; b) for push or pull any vehicle or trailer and/or any other subject, with wheels or not; c) for sports, official evidence or not; d) by people under the influence of alcohol or narcotics; e)
    and for any transport in violation of customs regulations or that otherwise is unlawful; f) for the carriage of passengers or goods in violation of that, on this issue, if you have the registration of the vehicle.

    3. The client responds by fines and/or penalties from courts, Administrative Authorities, police and other setting, following the respective processes of ordination, connected with the use of the vehicle.

    4. The customer undertakes to, outside the periods of use, have the vehicle properly secure with the lock in place and to not let the vehicle’s documents inside of it , and the customer it’s always responsible for the safety of both vehicle and documents.

    5. Customer is expressly forbidden to sell, mortgage or otherwise give as security this contract Vehicle, the documents or the tools or other constants in the vehicle or that make use of so as to prejudice of the Lessor.

    6. Any breach of the provisions of this Article expressly authorizes the Lessor to collect the vehicle to the client, without prior notice and without prejudice to the damages which under contractual or other legal form, it is required to satisfy.

    Article 2 – Delivery and Return of the Vehicle

    1. The customer expressly declares that it has received the vehicle under the conditions of use mentioned in the contract, equipped with tyres in good condition, subject to proof to the contrary, pledging the client to return the Vehicle in the condition in which it was delivered.

    2. The client is obliged to return the vehicle and contract to the lessor on the date and location agreed in this contract under penalty of being held responsible in accordance with its terms.

    3. The return of the vehicle it’s only considered effected after the physical verification of the same by a representative of the Lessee, whereby the customer is always responsible for paying all of the damage until that time.

    4. It is expressly forbidden to violate the odometer of the vehicle. If this occurs, the Lessor is authorized by law to debit the customer 700 km/day or, in the case of unlimited contracted the amount of Kilometres 450.00 € (Four hundred and fifty euros), without prejudice to court proceedings for fraudulent use.

    Article 3 – Car-Prepayment-Extension

    1. The value of the rent, the amount of pre-payment and the value of the extension shall be determined by the rates in force at any given time, and paid in advance. Credit cards owner’s accepted by the Lessor are not required.

    2. In case a prepayment might serve as an extension of the lease. In case the customer wishes to stay with the vehicle beyond the period initially hired and, in order to avoid disputes, the customer undertakes to first obtain the consent of the lessor, with at least 24 hours notice, as well as immediate payment of the amount of the rent and the prepayment of the extension.

    3. Non-compliance with the preceding paragraph allows the Lessor to initiate the judicial or criminal procedure suitable for the immediate restitution of the vehicle, without prejudice of the client to keep obliged to the payment of the sums provided for in the contract.

    Article 4 – Payment

    1. The client undertakes to pay the lessor, as soon as you request and upon verification carried out by the lessor, the following costs: a) the budget corresponding to kilometres travelled and/or days of use calculated according to the tariff in force and specified in the contract; the kilometres travelled will be determined by reading the speedometer installed in the vehicle by the manufacturer. In the event of failure of the odometer, not reported immediately to Lessor for the purposes of repair, the calculation shall be carried out in accordance with the provisions of paragraph 4 of article 2; b) the amount corresponding to the duration, the damage caused in the event of theft, damage caused by accident which are not covered by insurance, as well as the driver’s insurance premium, if the customer subscribes it; c) all taxes and/or fees payable by virtue of the situations provided for in a) and b); d) the funds corresponding to the fuel and refueling fee, in case the customer does not return the vehicle in accordance with the conditions laid down in article 7. e) all expenses, judicial or extrajudicial documents, including administrative costs of process management, as well as fines and other pecuniary penalties, whatever their nature that the Lessor incurred directly or indirectly as a result of breach of any legal or regulatory standard imputable to the customer or to the vehicle while in the possession of the customer, even if the knowledge of such expenses or costs arising only after the return of the vehicle; f) all other expenses, including judicial proceedings, the fees of a lawyer or solicitor hired by the Lessor to get the payment of any sums due by the client; g) charges with minor damage: the customer undertakes also the payment of minor damage to the vehicle resulting from its use in the period of the lease for this purpose shall be deemed the damage verified at the time of return of the vehicle and that are not mentioned in the contract at the time of the inspection of the vehicle is both the Lessor and customer’s responsibility; h) The total costs of: repairing the damage that has given cause for shock, collision, overturning or other; theft or robbery of the vehicle and its immobilization; costs of the management of the associated processes.

    2. In the case of the present Contract be signed under a trade agreement concluded between the company Rent Riders – Rentals, Services and Tourism, Unipessoal, Lda. and a company, the identification number of this agreement should be expressly mentioned, being the respective signatory company jointly and severally liable to the client for payment of any sums referred to in this article.

    Article 5 – Insurance, roadside assistance and Covers

    1. The client or the authorized driver of the vehicle, as set out in article 1 of this contract, participates as insured of a policy of automobile insurance that covers Civil Responsibility towards third parties, in accordance with the laws in force in the country.

    2. The customer agrees to protect the interests of the lessor and the lessor’s insurance company in the event of an accident during the period of this rent as follows:
    a) undertakes to participate to the lessor any accidents, theft, robbery, fire, even if partial, within no more than 24 hours forcing if, simultaneously, within this period, the participating police authorities, any accident in which arise bodily harm, robbery or theft cases and those in which the fault of the other party should be clarified;
    b) undertakes to mention the circumstances in which the accident occurred, the date, time, location, name and address of the witness, the name and address of the owner and the driver of the third party involved and the registration, tag, insurance company and policy number of such third vehicle; c) undertakes not to declare, under no circumstances, responsible or guilty of the accident towards other parts.

    3. Customer acknowledges that the Lessor has no responsibility for loss, theft, robbery or damage of any nature relating to objects and/or utensils transported or which are on the vehicle, including baggage and/or goods, subject to proof to the otherwise.

    4. The Lessor reserves the right to pass on to the client for all costs incurred in the event of non-renewal by agreement of the parties and timely the rental agreement, resulting from accident and/or theft of the vehicle.

    5. If the client has provided the tenant deliberately false information, in particular relating to their identity, address or driver’s license expiration the Lessee reserves the right to pass on to the client for all costs and damages incurred as a result of such statements, as well as to communicate to the competent authorities.

    6. The travel assistance service is included in the rental value and covers the maximum distance of 120km from the Rent Riders agency in Porto. The cost of travel assistance outside this distance will be borne by the customer according to what is charged by the service provider, in the minimum amount of 75,00 € (seventy five euros) plus 0,35 € (thirty five cents) per kilometer charged by the service provider. The renter undertakes not to leave the vehicle until the assistance vehicle arrives on the place where it has broken down, in order to arrange transportation to the repair shop or to Rent Riders agency, any of these in Porto.

    Article 6 – Maintenance and Repair

    1. Regular maintenance due to the mechanics of normal use of the vehicle is the responsibility of the Lessor. In the case of the vehicle be immobilized, repairs may only be carried out with the prior written agreement, the lessor and in accordance with the instructions given, unless it is not possible to contact repair assistance services provided by the lessor.

    2. Repairs, after carried out, should have detailed invoice indicating the parts replaced. Minor repairs (including lamps, fuses, oil replenishment) up to the maximum amount of € 20.00 (twenty euros ), are already authorised by the lessor and shall be delivered to the respective invoices on behalf of the RentRiders society, a maximum of € 20.00 (twenty euros), and obligatorily them bear the tax identification number of the company, Nº 513 913 009.

    Article 7 – Fuels and Oils

    1. The fuel expenses are always on the client who should also always check the oil and water level. Any expense must be properly proven in order to enable reimbursement according to paragraph 2 of article 6. Invoicing of fuel: the vehicle is  delivered full of fuel and must be returned also attested. If the customer fails to observe this condition, in addition to paying the missing fuel, recognises the right of RentRiders, Unipessoal, Lda to invoice you a refilling rate to cover their expenses for the list value.

    2. In case of introduction of different type of fuel used by the vehicle, the customer is responsible for the costs of the replacement of the fuel, removing and washing engine tuning and other damage to the vehicle, without opposition to
    their amounts.
    Article 8 – Term of a Vehicle Rental

    1. The rental starts on time and date of delivery of the vehicle and lasts until return of the same effective in accordance with article 2, without prejudice to the Lessor can later charge additional charges either directly or indirectly related to the lease, which are only detected after
    return of the vehicle allowing the Client to be charged in the credit or debit card used for the initial payment, if adopted.

    2. If the vehicle has been hired by an insurance company and having the use of the vehicle beyond the period authorized by it, the customer and/or authorised drivers shall be liable to the Lessor for payment of all amounts arising from the Contract, without the lessor having any obligation of notice to that responsibility for these payments has been transferred.

    3. All and any changes to the terms and Articles of this agreement and which have not been agreed upon in writing, shall be null and void and do not produce any effect. The early check-out does not give the right to return the payment of the rental period missing.

    4. The customer must go to the shop RentRiders society – Rentals, Services and Tourism, Unipessoal, Lda. whenever needs to update or extend its lease.
    The customer or drivers to circulate outside the time limit mentioned in the contract incur in legal and contractual penalties of its responsibility.

    5. The parties give the handwritten signature bet digitally or by any means, digital or electronic biometric conclusive force identical to that of a written document, in accordance with the legislation, having the signature held in those terms has the same validity as the handwritten signature.

    Article 9 – Countries Excluded
    Is prohibited, in all circumstances, the displacement or movement of the vehicle leased to any other country other than Portugal Continental.

    Article 10 – Personal Data

    1. The client consents and agrees to the collection and processing of your personal data by RentRiders-Rentals, Services and Tourism, Unipessoal, Lda. or by other competent authority to do so, in accordance with the law of protection of personal data (Law 67/98 of 26 October), in the following terms.

    2. Customer data collected under the contract is rendered by RentRiders-Rentals, Services and Tourism, Unipessoal, Lda are indispensable to the contractual relationship between both parties; its omission or inaccuracy are the sole responsibility of the client.

    3. personal data of the client, will be processed and stored electronically in accordance with applicable law and are intended to be used by the RentRiders-Rentals, Services and Tourism, Unipessoal, Lda in the context of the contractual relationship with the customer, including in the case of contractual non-compliance for non-payment, in a database of defaulting clients, and for the purposes of direct marketing or any other form of market research for the purpose of promotion of their products and services. For this purpose the RentRiders-Rentals, Services and Tourism, Unipessoal, Lda may assign the data to third parties, guaranteeing at all times that this transfer will take place according to the legal requirements, and complying with the security measures that guarantee the confidentiality of the same.

    4. In accordance with the applicable legislation is guaranteed to the customer, free of charge, the right to access, rectify or update of personal information, either directly or by written request to Rua Almirante Barroso, Nr. 28, C.P. 1000-012, Porto as well as the right to object to
    use for the purposes referred to in paragraph 1 for the purposes of direct marketing or any other form of market research for the purpose of promotion of their products and services, at the time of collection of your data.

    5. The client authorizes expressly the Lessor in case that breached its contract by failing to pay, communicate your personal data to the ARAC-Industrial Association of car rental without driver, for inclusion in the database of defaulting clients and subsequent disclosure by companies.
    6. The RentRiders-Rentals, Services and Tourism, Unipessoal, Lda is required to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing; These measures shall ensure taking into account the expertise available and the costs arising from its application, an adequate level of security in relation to the risks it presents treatment and the nature of the data to protect.

    Article 11 – Applicable Law, Contractual Domicile and Venue
    1. The rental agreement is made in accordance with the laws of Portugal, and is governed by them. The vehicle rented under the relevant contract may not leave abroad, without prejudice to the restrictions laid down in article 9, unless with the express written permission given by the Lessor.

    2. All notifications to be carried out under the agreement should be sent to the addresses contained in the same that the parties acknowledge must be considered domiciled agreed for all legal purposes, compelling the customer to communicate to the other party any change.

    3. The parties agree to establish the jurisdiction of the District of Porto to resolve any emerging conflict with expressed exclusion of any other.

    Article 12 – Competence to address consumer disputes – Porto Consumer Conflict Arbitration Center

    Porto

    2. Without prejudice to the provisions of the legislation, statutes and regulations to which alternative dispute resolution entities are bound, it shall be deemed to have jurisdiction to settle consumer disputes, the consumer dispute resolution Place of conclusion of the contract for the purchase or sale of the good or the rendering of services or alternatively, an alternative specialized competence resolution body, if it exists for the sector in question.

    3. If there is no alternative dispute resolution body with jurisdiction at the place of conclusion of the contract or the existing one (s) does not consider itself competent because of its value, the consumer may have recourse to the Center National Information and Arbitration of Consumer Conflicts, located in Porto, with the electronic address: cniacc@unl.pt and available at www.arbitragemdeconsumo.org.

    Rental Agreement – this Document is an integral part of the Rental Agreement.

    The client must confirm acceptance of debits on credit, or debit, card used for payment, which directly or indirectly relate to the rental of the vehicle, even after its return. Upon signing the rental agreement must confirm that took note of the table with the value of the tariffs in force, applicable deductibles, as well as the repair of minor damage. This agreement shall be ruled by its own conditions.