First Clause (Rental Agreement)
The present contract is celebrated between WSC Lda, VATID: 510 040 403, activity license n.º 400222, hereinafter referred to as the Rental Firm, and the client identified on the first clause of the general conditions, hereinafter referred to as Hirer, and it is ruled by all the present general and special conditions described in this contract, except if there's any derogation or written alteration.
Second Clause (Booking)
1 - To carry out the reservation, the hirer will pay 50% of the global rental amount. This amount will be submitted to cancelling taxes referred on number six of the present clause.
2 - The confirmation of each reservation will be made after good collection regarding the agreed amounts.
3 To assure the vehicle's delivery on the rental period initial date, the hirer is bound to pay the remaining 50% of the global rental amount, until 10 days before the rental beginning. The lack of payment will be considered as reservation cancellation, submitted to the taxes referred on number 6 of the present clause.
4 - If the hirer wishes to make any change to the previous reservation, he should contact the Rental Firm and will submit to the vehicle availability at the moment.
5 - The Rental Firm must approve each and any change to the reservation. Any non-approved change results on the reservation cancelation, and submits to the taxes described on number 6, of the present clause.
6 - If the Hirer cancels the reservation made, it will be applicable the following cancelation taxes in favour of the Rental Firm:
- Until 31 days before the rental beginning: no cost for the Hirer;
- Between 30 and 15 days before rental beginning: 50% of the amount paid on reservation;
- Between 15 and 7 days before rental beginning: the total amount paid on reservation;
- Less than 7 days before rental beginning: rental's total amount;
Third Clause (Hirer and additional drivers)
1 - The Hirer and additional drivers should have a minimum of 21 years old, at the date of the rental's agreement signature, and be holder of valid class B driver's license (light vehicles). In case of UE non-residents, it's required the international driver's license.
2 - In case of the number 1 terms unfulfillment, it will be applicable the cancelling taxes described on number 6, from the reservation clause.
Fourth Clause (Vehicle delivery and return )
1 - All deliveries and returns outside the Rental Firm office or out of office working hours (Monday to Saturday from 10h till 12h and from 14h30 till 17h30) will be taxed according to the Rental Firm price table.
2 - The rented vehicle is delivered to the Hirer on the agreement's signature date.
3 - The Hirer acknowledges that the vehicle in question is on good functioning conditions, clean, and fully prepared with all accessories and five proper tyres, with no detectable apparent defects;
4 - The Hirer is bound to keep the vehicle in good maintenance and cleaning conditions, and is committed to return it to the Rental Firm along with all its documents and accessories, on the same delivery conditions and on the agreement's termination date. The vehicle shall be returned perfectly clean both inside (wastewater tanks and empty toilets, absence of garbage, sand, mud or any other waste) and outside, as it was at the delivery. Otherwise, it will be charged a cleaning fee of €100, according to the Rental Firm price table. Any loss or damage in accessories, equipments or spare parts, will be fully charged to the Hirer according to the Rental Firm price table.
5 - The Hirer is bound to return the vehicle on the agreement's term or at its date of resolution in Hirer's office, during Office working hours, unless the parties agree otherwise.
6 - If the vehicle is returned in a different place from the one mentioned earlier, the Hirer is responsible for all the emergent damages caused to the Rental Firm.
7 - The Hirer is liable for all losses or damages including vehicle theft or robbery, if it's not returned to a Rental Firm employee.
8 - The delay of the vehicle's return obliges the payment to the Rental Firm, as penal clause, per day, full or fraction, an calculate amount based on the Rental Firm triple daily rate.
9 - If the vehicle presents any defaults as consequence of non-regular and prudent utilization, the Hirer should compensate the Rental Firm for the cost of its reparation.
10 - The present agreement will be automatically resolved, without any need of judicial intervention, if the campervan is used in any terms that constitute a violation of the present agreement.
11 - In the above mentioned case, besides contract immediate resolution, the Rental Firm reserves the right to recover the vehicle, at any time, without previous notice, and The Hirer is held responsible for all the charges involved.
12 - If, for any reason that is not the rental firm's responsibility, such as a delay by the previous renter, accident, theft, breakdown, or any other situation that compromise the delivery of the vehicle previously reserved, is not possible to proceed to the delivery on the stipulated date, the rental firm will return to the hirer the total amount already paid. In all these situations the hirer is not entitled to any compensation or refund, beyond the value previously paid for the rental.compensation or reimbursements beyond the amount previously paid for the rental.
Fifth Clause (Use of Vehicle)
1 - The Hirer can not change in any way the vehicle, nor can install accessories and advertising or commercial mentions, without previous written authorization of the Rental Firm, otherwise shall be considered as possessor "bad faith", according to article 1275º of the Civil Code.
2 - The Hirer agrees that will not allow the vehicle to be driven by unidentified persons in the terms of the present contract or in the attached document.
3 - The Hirer agrees that the vehicle shall not be used on the following situations:
a) To carry goods or passengers as public transportation or other in exchange of any compensation or retribution;
b) To use the vehicle in sports competition or training, despite its official nature;
c) To carry property in violation of customs and tax rules or any illegal purpose;
d) To push or to propel another vehicle or trailer;
e) By any person under the influence of alcohol or drugs other substances that reduce the perception or reaction of the individual;
f) To carry passengers or property in violation of the vehicle characteristics referred in its respective document;
4 - The Hirer cannot sublease, lend or give, fully or partially, by any means, the resultant rights of this contract without specific permission of the Rental Firm.
5 The Hirer is bound to close and lock properly the vehicle, and shall not leave in its interior the respective documents or any other object that might origin theft, robbery or damages.
6 The loss or total or partial destruction of the vehicle documents, or keys, will held the Hirer liable who shall indemnify the Rental Firm for the resultant damages, especially for all costs including Rental Firm administrative expenses.
Sixth Clause (Rent extension)
1 - The campervan hire contract ends on the agreement stipulated date.
2 - If the Hirer desires to extend the rental period, he shall go to the Rental Firm office at least 24 hours prior, and obtain a new contract, extending the rental period. This extension is always submitted to the Rental Firm approval.
3 If the Rental Firm refuses to extend the contract, the Hirer agrees the responsibility of returning the campervan on the previous stipulated date.
Seventh Clause (Vehicle maintenance and repair)
1 - If the Hirer notices any mechanical fault in the vehicle. he must immobilize immediately the vehicle and contact the Rental Firm, who shall instruct how to proceed.
2 - If it's not possible to solve the situation on the spot, the Hirer can make repairs in an authorize service of the brand, according to the Rental Firm previous written agreement and in its terms. The Rental Firm is responsible for all repair expenses.
3 - In the event of vehicle immobilization due to mechanical break-down, or accident, and if it's not possible the repair on the spot, the Rental Firm shall send a tow truck to take the vehicle to the rental center. If the vehicle is less than 50 km far from the rental center the Rental Firm will send another vehicle for replacement. If the distance is superior to 50 km, the vehicle and the Hirer will be transported to the rental center, where another vehicle will be delivered.
4 - The Hirer is always liable for any expense with tow truck, either in or outside of the country, due to a non-proper use of the vehicle.
5 - Whenever the vehicle is returned with less fuel that it had at the delivery, the Hirer will be charged by fuel difference, in addition of a €20 fee, due to the need of employee availability to refuel.
Eighth Clause (Insurance)
1 - The rented vehicle is covered by compulsory liability insurance under the Portuguese legislation and insurance covering own damages, with a security deposit of €2000 (Option A) BASIC PACK.
2 - The Hirer may also employ the (Option B) PRESTIGE PACK - By a raise on the daily rate (according to the Rental Firm price table), the Hirer reduces the security deposit to €900, this option allows to traveling outside Portugal, includes extra windscreen coverage, occupants insurance and the additional driver tax for free.
3 - If the Hirer chooses option A, he can subscribe the following coverage's, according to the Rental Firm price table:
a) Occupant insurance, with the following coverage's: disability €15.000.00; death €15.000.00; medical expenses €1.500.00;
b) Windscreen insurance;
c) Traveling outside Portugal
d) Additional driver
4 - In the event of an accident, the Hirer agrees the following procedures:
a) Notify the Rental Firm and police authorities of any accident, theft, robbery or other misfortune, in a maximum of 24 hours;
b) Obtain names and addresses of all persons involved as well as witnesses;
c) Shall not leave the vehicle without taking every caution and measures regarding its protection and safety;
d) Shall not take any responsibility or pled guilty in the event of an accident that might hold the Rental Firm liable;
e) Call the Rental Firm immediately and transmit all the details including the accident report prepared by the police authorities;
5 - In the event of an accident, theft or robbery, the Hirer is always liable for a mandatory and irremovable security deposit, referring to vehicle's damages, up to the stipulated amount in the insurance subscribed option.
6 - Only the Hirer and/or the additional drivers indicated on the rental contract can benefit from the insurance coverage's options subscribed.
7 - It is not covered by any of the insurance options, being the Hirer fully liable for all expenses with damaged tyres, broken or damaged rear view mirrors, under the vehicle's body or above the windscreen line, if there's no collision with third parties. If the Hirer hasn't subscribed to insurance (Option B) - PRESTIGE PACK, or the extra windscreen insurance, he will also be liable for its damages.
8 - All vehicle damages caused by driving in non-asphalt road are not covered by any of the insurance options and the Hirer will be totally liable for the damages.
9 - In the event of vehicle theft or robbery, the Hirer shall notify immediately the legal authorities and notify the Rental Firm along with the respective report and vehicle keys, in a maximum period of 24 hours. Otherwise, all insurance and coverage' will expire and the Hirer is liable for all expenses.
10 - Whatever option subscribed, the Hirer is liable for all negligent use of the vehicle.
11 - In the event of an accident due to excessive speed, negligent manner, driving under alcohol or drugs, influence or any illegal substance that diminishes driving ability, the Hirer will be liable for all repair expenses and respective compensation for the time the vehicle is neutralized, regardless of the insurance option subscribed.
12 - The vehicle is only insurance covered during the contract stipulated duration, unless there's an approved grant extension. The Rental Firm cannot be liable for any accident caused by the Hirer further then to the rental duration, being the Hirer the only liable one.
Ninth Clause (Security deposit)
1 - The security deposit can only be given by credit card, Visa or MasterCard.
2 - At the vehicle delivery, the Hirer is required to make a security deposit in proportion of the excess amount, according to the chosen insurance option. This amount will be frozen in the Hirer's credit card to ensure the excess payment in the event of robbery or accident and any other vehicle damage during the rental period.
3 - If the security deposit amount is not authorized by the bank or by the credit card owner, the contract cannot be executed and the vehicle cannot be delivered. In this case, there will be no entitlement to the Hirer for reimbursement of amounts paid.
4 - The security deposit will be returned to the Hirer at the end of the rental period, after an inspection by a Rental Firm member staff, who shall state the vehicle is in similar conditions compared to when it was on the beginning of the rental.
5 - In the event of damage detection, the Rental Firm will establish the amount that the Hirer must pay, which will be deducted on the security deposit given as a guarantee. In this situation the Hirer shall be responsible for all costs of repair and compensation for the downtime of the damaged vehicle.
6 - If the vehicle is operated in a non-proper way, the Hirer has to cover the repair amount if the resultant damages are superior to the security deposit made.
7 - If the damages couldn't be detected immediately, the Rental Firm has a 10 day period, from the contract termination, to cash or to refund the security deposit or to claim the difference between settlement and the cost of faults or defects detected.
Tenth Clause (Payments)
1 - The Hirer undertakes the obligation to pay to the Rental Firm all expenses arise from this contract, at its demand, as follows:
a) The rental rate, considering the rental period and the insurance subscribed option;
b) Any charge referring to personal accident insurance, windscreen insurance, additional accessories and any other expense according to the Rental Firm price table and particular conditions on this contract;
c) All duties and taxes that tributes vehicle rental or Hirer's fixed amount for tax refund;
d) All the costs supported by the Rental Firm due to the Hirer' payments collection, as consequence of this contract, including lawyer's fees;
2 - Each and every unpaid invoice will be added interests according the highest rate as well as a 20% increase as penal clause and compensation for occurred damages;
3 - In the event of an accident, the Hirer will pay to cover management expenses, a €20 fee.
4 - The hirer authorises the Rental Firm to charge all due expenses in the respective credit card.
5 - Despite the previous stipulation, the Rental Firm can also demand the Hirer, one or more guarantors.
6 - The assigned guarantors, identified on this contract specific stipulation, are the main payers, warrant and respond solidary for any contractual obligations.
7 - The guarantors renounce to the discussion benefit regulated in article 639º of the Civil Code.
Eleventh Clause (Infractions)
1 - The Hirer is bound to return to the Rental Firm, all the expenses with fines paid as consequence of illegal conduct by the Hirer, parking and tolls, and all the consequences and liabilities arising from illegal situations.
2 - In addition to the above, a €20 fee will be charge as management cost;
3 If case of the Rental Firm is summon by any public or private entity to identify the Hirer, this one is bound to pay a fee of as management expenses.
Twelfth Clause (Litigation)
1 - The losing party will be responsible for all legal costs including the other party lawyer's fees.
2 - The parties agree on the designated addresses for the purpose of any judicial or extrajudicial summon or notification.
3 - In the event of a legal dispute as to the meaning of any terms of this contract, the parties agree that the jurisdiction is the one corresponding to the rental center.
Thirteenth Clause (Information and Explanation)
The Tenant acknowledges that all clauses contained in this contract were you timely and expressly communicated and explained, and that it became aware of them.