This Contract for the rental of a car without a driver is signed between the rental company METRORENT- ALUGUER DE VEÍCULOS AUTOMÓVEIS, S.A. (METRORENT) and the Client identified in the Particular Conditions (LESSEE), applying the following Particular and General Conditions.
METRORENT- ALUGUER DE VEÍCULOS AUTOMÓVEIS, S.A., as LESSOR (hereinafter referred to as “METRORENT”), rents to the CLIENT (hereinafter referred to as “LESSEE”) who is identified in this Contract (hereinafter referred to as “Contract”) the vehicle described in this document (hereinafter referred to as “VEHICLE”) in the terms and conditions specified in the Contract, which the LESSEE has read, knows, accepts and, after having explained it thoroughly, accepts and whose signature obliges them to observe and respect.
Collection and Delivery of Vehicle
1. Collection and Delivery of Vehicle
1.1 The LESSEE declares to have received the VEHICLE in good conditions of use and cleanliness, under the terms of joint verification called “check out”, and with the respective equipment, accessories and documents, mainly equipped with tyres in good condition, agreeing to deliver it in the same condition in which it was collected, at the site and date stated clearly in the Contract.
1.2 In case of tyre wear due to reasons other than prudent and normal use, the LESSEE agrees to replace them immediately, and at his own expense, with ones with the equal characteristics and the same brand. He/she may pay the cost of replacing the tyre in METRORENT, according to the current price table.
1.3 METRORENT is not responsible to the LESSEE or any third party for the loss, robbery, theft or material damage of the personal belongings left in the VEHICLE, during and after the rental period.
1.4 The LESSEE will deliver the VEHICLE at the end of the Contract, or on the date of its termination, unless otherwise agreed, at the METRORENT facilities where it was collected, during office hours, or at a site indicated by him, under penalty of breach of contract.
1.5 If the VEHICLE is not delivered on the agreed date, the LESSEE agrees to pay METRORENT, as a penalty clause, for each day, in its entirety or fraction, an amount calculated based on the price of three daily rates of the rented VEHICLE; it will also be subject to METRORENT to initiate civil and/or criminal judicial procedures considered necessary for the recovery of the VEHICLE, and to receive a compensation for the losses suffered, that is, the recourse to an appropriate precautionary procedure for the return of the VEHICLE, as well as to report this event to those competent police authorities considering that the LESSEE or driver illegally appropriated the VEHICLE.
1.6 If the VEHICLE is left in a different place from that agreed, there will be a mileage compensation or a “delivery” fee, according to the current rates corresponding to the distance between the place where the VEHICLE is and the place of origin.
1.7 The LESSEE is responsible for all losses or damages, including theft or robbery of the VEHICLE, if it is not returned to a METRORENT employee.
1.8 If the VEHICLE has defects, damages, or dirt levels contrary to its prudent and normal use, especially when it requires METRORENT to perform an extraordinary and thorough cleaning of the exterior / interior of the VEHICLE, instead of a simple and current cleaning, such as in a self-service manual washing centre, the LESSEE shall compensate METRORENT for the respective cost of its repair and/or extraordinary cleaning.
2. Vehicle Use
2.1 The LESSEE agrees to:
a) Make normal and prudent use of the VEHICLE, complying with the law, in particular the Highway Code, ensuring that the VEHICLE is locked in a safe place when it is not being used, without leaving the documents related to it inside, and keeping them in his/her power at all times; he/she also agrees to fill the VEHICLE with the adequate fuel;
b) Deliver the VEHICLE after the rental period, in the same state of use, and with the respective equipment and documents;
c) Pay, as soon as requested, the rental price and the resulting charges METRORENT may charge, namely, for damage repairs to the VEHICLE, missing fuel on delivery date, the refuelling “fee”, or extraordinary cleaning;
d) Pay electronic or physical toll fees, including any additional administrative costs that may be charged. METRORENT is not responsible for any payment resulting from non-settlement within the legal period;
e) Immediately report any VEHICLE defect or malfunction;
f) Avoid that by act or omission, third parties are convinced that the VEHICLE is their property, notifying immediately to METRORENT in case of seizure, confiscation, robbery, theft, requisition, or any other crime of ownership, possession or arrest of the VEHICLE.
2.2 Without prejudice to civil liability, the LESSEE, under penalty of exclusion from insurance coverage, will not allow the VEHICLE to be:
a) Driven by a person not identified, and previously authorized by METRORENT, as stated in the Contract or any annex or amendment that forms an integral part thereof, or under the influence of alcohol, narcotics or another similar disturbed state that, directly or indirectly, reduces their perception and reaction ability, or by minors of 19, 20 or 25 years old whose driving license is not valid for 1 year or 2 years, at least, depending on the group to which the VEHICLE belongs;
b) Used to push or pull any VEHICLE, trailer, or any other object with or without wheels; in sporting events or training of any kind (official or not); as transportation in violation of the Law; that is, what is stipulated in the Automobile’s Unique Document of the VEHICLE.
2.3 The LESSEE is prohibited, in relation to the VEHICLE, its documents, tools, parts and components, from carrying out the following acts: sublease, lend, transfer, sell, levy or in any way give guarantee, transform, modify or place advertising or commercial mentions.
2.4 The LESSEE is solely responsible for the fines and other sanctions stated to be paid by the Courts and Administrative Authorities, after having been performed those administrative and criminal procedures for violations of the Highway Code, tolls, parking, among others committed with the VEHICLE, and during the rental period.
2.5 The LESSEE may only use the VEHICLE outside the Portuguese mainland, in those countries covered by the International Green Card Certificate, after a written authorization from METRORENT, which may require the provision of a complementary guarantee up to the limit of the commercial value of the VEHICLE; the LESSEE must request said authorization at least 48 hours in advance, assuming that the VEHICLE cannot leave in case METRORENT does not issue a response.
2.6 The Contract will be considered automatically terminated if the VEHICLE is used under conditions that constitute a violation thereof; in which case METRORENT will have the right to recover the VEHICLE, at any time and in any way, without prior notice, being the respective charges exclusively the LESSEE’s responsibility, without prejudice to the indemnities that legally or contractually fall on METRORENT or third parties, if corresponds.
Prices, Deadlines and Payments
3. Prices, Deadlines and Payments
3.1 The rental price is determined by the current rate for the respective VEHICLE category and is paid in advance.
3.2 If the LESSEE wishes to lengthen the rental period, METRORENT’s agreement must be obtained in advance and in writing, making the LESSEE the pre-payment of the rental amounts due for the agreed extension.
3.3 If the Contract is lengthen, the LESSEE must always have copies of the Contract that establish that METRORENT has agreed to extend it.
3.4 If the lengthen of the rental period is not verified, then the Contract terminates at the end of the period still in force, and if the LESSEE does not immediately deliver the vehicle, the provisions of Clause 1.5 of this Contract will apply.
3.5 The LESSEE is also obliged to pay / guarantee METRORENT, in addition to the rental price:
a) The sum related to the deposit or franchise due for the rental period, according to the rate in force at the time of the rental period;
b) The sum corresponding to the effective duration of the rental period;
c) The sum corresponding to the damages resulting from an accident, or in case of theft not covered by the insurance policy. If said damages are covered by the insurance policy, only up to the maximum amount of the respective franchises.
Possible hospitalization and medical assistance expenses for the driver and passengers in the event of an accident are not covered by the insurance policy;
d) Taxes and fees payable in the situations described in the preceding paragraphs;
e) The sum of €70.00 (seventy euros) plus VAT, in the event of loss of VEHICLE documents;
f) The sum defined by law, plus VAT, for the refuelling service of VEHICLES, provided that at the time of its delivery it is not properly supplied with fuel;
g) The sum of €100.00 (one hundred euros) plus VAT, in case of extraordinary cleaning of the VEHICLE;
h) Judicial and extrajudicial expenses, fines and other financial sanctions, whatever their nature, arising from the breaking of any legal regulation attributable to the LESSEE or the VEHICLE during the rental period;
i) When METRORENT is asked, as a result of an infringement or misconduct practiced by the LESSEE, to identify the LESSEE, he/she will be obliged to pay, as administrative expenses, the sum of €20.00 (twenty euros), for the information provided to the competent entities;
j) The expenses and costs incurred by METRORENT with the purpose of enforcing the LESSEE to comply with the provisions of the Contract, that is, the collection of the amounts owed to METRORENT, in the legally established terms;
k) The cost of reparation of damages eventually caused by a crash, collision, overturning, theft or robbery of the VEHICLE and its immobilization, in relation to which:
i. In the debits to be made, the rates in force at the time of the events will be used;
ii. LESSEE’s responsibility, having used the VEHICLE in accordance with the conditions stated in this Contract, may be limited if a franchise reduction service was previously contracted.
3.6 The LESSEE, in order to guarantee compliance with the obligations derived from the Contract, namely, in relation to fuel and franchise, will provide a deposit for the sum mentioned in the Contract, in cash up to a maximum of €80.00, through a certified cheque or debit from a credit card, expressly authorizing METRORENT to complete and debit the sums owed.
3.7 The deposit will be returned to the LESSEE as soon as the VEHICLE is delivered to METRORENT and all sums owed by the first are settled. However, if there are sums to be settled (among others, additional rental days, fuel costs and/or franchises), METRORENT will apply the amount of the deposit, totally or partially, in the payment thereof, without prejudice to claiming in court unsettled sums.
Maintenance and Repais of Vehicles, Fuels
4. Maintenance and Repair of Vehicles, Fuels
4.1 If the LESSEE realizes that there is a technical problem in the vehicle, he/she must stop it immediately and contact METRORENT or, if it is after hours, request service assistance on the road.
4.2 In the event that the VEHICLE is immobilized due to damage, the LESSEE may only make repairs if METRORENT authorizes it in writing, and in accordance with the instructions transmitted; such repairs must be included in a detailed invoice with an indication of the replaced parts.
4.3 The LESSEE will be responsible for the towing expenses that arise, either inside or outside the country, due to the misuse of the VEHICLE.
4.4 The vehicle is collected and must be delivered with the same quantity of fuel, under penalty of being charged the cost of the missing fuel, increased by the legally allowed “refuelling service fee”.
4.5 The LESSEE must take all the necessary protective measures to keep the VEHICLE in the same condition in which it was collected. In particular, he/she must carry out periodic inspections of the conditions of the VEHICLE, such as oil, water and tyre pressure. Expenses incurred in the purchase of oil must be documented to allow reimbursement by METRORENT.
4.6 In the case of using a fuel and/or substance of a different type from that used by the VEHICLE, the LESSEE is responsible for the expenses inherent to the complete replacement of the fuel, the disassembly and washing of the tank, the adjustment of the engine and other damages caused to the vehicle.
5.1 The LESSEE and/or the authorized VEHICLE driver, participate as holders of an automobile 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.
5.2 The LESSEE will protect the interests of METRORENT and its insurance company:
a) Immediately reporting the police authorities of any accident, theft, robbery and/or fire, even if it is partial; he/she also agrees to report METRORENT within a maximum period of 24 hours;
b) Not leaving the scene of the accident, theft, robbery and/or fire before the arrival of the police authorities, under penalty of being accused of damages resulting from those in its entirety, without having the resulting coverage of the service of exemption / reduction of any franchise contracted, and of any effect in case of breach of this clause;
c) Mentioning in the report the actual circumstances in which the accident occurred, the date, time, location, name and address of the witnesses, the name and address of the owner and driver of the third VEHICLE involved, as well as the plate number, brand, insurance company and policy number of said third VEHICLE;
d) Not declaring in any case responsible or guilty of the accident together with a third party, under penalty of METRORENT exercising the right of claiming the vehicle’s delivery.
5.3 The LESSEE may contract the following services:
i. CDW: This insurance partially covers the damages caused by accident, collision, overturning, robbery or fire, in which the LESSEE will be responsible for the sum of the damages up to the maximum of the franchise, which will vary according to the vehicle segment;
ii. Super CDW / TW: these insurances eliminate / reduce the liability on the franchise, which varies according to the vehicle segment;
iii. PAI: This insurance provides compensation to the driver and passengers of the vehicle (depending on the maximum capacity of the vehicle indicated in the DUA), in the event of permanent disability or death in the amount of €15,000. It also includes medical expenses of up to €1,500.
5.4 In the case of a claim, even with the delivery of DAAA (Car Accident Friendly Form), the LESSEE is responsible for the payment of damages caused to the vehicle up to the maximum amount of the franchise in force during the Contract period, except if responsibility is assumed by the third party.
5.5 Only the LESSEE and/or authorized drivers will enjoy the franchise exemption / reduction services; failure to comply with this provision will result in the total cancellation of the coverage contained in this article; the provisions of this article will also be null and void in the event of an accident caused by negligence, drunkenness, drug use or non-compliance of all general rental conditions and the rules of the Highway Code and other applicable legislation by the LESSEE and/or driver; insurance coverage is also cancelled if the LESSEE does not deliver the vehicle keys to METRORENT in case of robbery and/or theft.
5.6 In the event of an accident due to speeding, negligence, driving under the influence of alcohol, narcotic products, or the consumption of any other product that reduces driving ability, the LESSEE will be responsible for all repair and compensation costs corresponding to the time of inactivity of the damaged VEHICLE, even if a franchise exemption / reduction service has been contracted.
5.7 Insurance and eventual franchise exemption / reduction services do not exempt the LESSEE from paying negligent damage to the top, bottom and inside the VEHICLE, and the tyres, provided there is no collision.
5.8 If the LESSEE has deliberately provided METRORENT with false information, namely about his/her identity, address, email address, telephone contact or valid driving license, METRORENT reserves the right to transfer to the LESSEE all additional costs incurred as result of such statements, without prejudice to any criminal liability that may exist.
Personal dta of the Lessee
6. Personal data of the Lessee
6.1 In accordance with the terms of the legislation on protection of personal data, METRORENT, in its capacity as responsible for its treatment, will process the LESSEE’s personal data 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 research.
6.2. For the effects of the execution of this Contract, the LESSEE expressly authorizes METRORENT to proceed with the respective collection and treatment of the following categories of personal data: name; phone and/or cell number; sex; age; address; taxpayer number; identity document number and date of issue; passport number and date of issue; citizen card/ID card and expiration date; another identification document; driving license number and date of issue; email and IBAN.
6.3 The LESSEE authorizes that, in the event of breach of this Contract, METRORENT transfers his personal data to ARAC (Rental Association of Industrial Vehicles without Drivers), for inclusion in the database of defaulting customers, which is duly authorized by the National Commission of Data Protection.
6.4 For the purposes of this Contract, and management of the contractual relationship, that is, the steps prior to the signing of the Contract and the form of the commercial will, as well as the search for the legitimate interests of METRORENT, the LESSEE expressly authorizes METRORENT to make the physical and/or digital reproduction of the Citizen Card/ID Card, as well as the driving license, to keep the respective reproductions for the time strictly necessary for the purposes in question.
6.5 METRORENT will keep the personal data collected during the period strictly necessary to achieve the purpose for which it is intended, in accordance with the provisions of Decree-Law No. 181/2012, of August 6.
6.6 METRORENT may communicate the data collected to third parties with the aim of providing services: (a) namely, marketing services, taking into account this transfer, for all purposes, carried out on behalf of METRORENT and only if it offers sufficient guarantees regarding to the security measures implemented; (b) to the police and/or judicial authorities, in the event of a request for breaking of the Highway Code and for reasons of criminal investigation; and (c) to ARAC for inclusion in a database in case of non-compliance.
6.7 METRORENT, as being responsible for the processing of personal data, guarantees the LESSEE the exercise of the rights provided for in the legislation, namely, the right of opposition, rectification and deletion, which must be done by email to email@example.com, or by certified mail to METRORENT Administration, Rua Abade Correia Serra, No. 54, 4460-208 Senhora da Hora.
Available Services of Toll Rates Payment
7. Available Service of Toll Rates Payment
7.1 If subscribed to this additional service, it will allow, by means of the use of an identifier -property of METRORENT- to determine the amount of the toll rate to be paid within the scope of the electronic toll services available in the road infrastructures properly equipped for this purpose; the LESSEE will be the responsible for the total payment of this sum of money during the term of the Contract.
7.2 For the purposes of payment, the LESSEE must provide a valid credit card, ensuring in the corresponding bank account a sufficient balance to cover the respective payments, so that the debits resulting from the detection of the use of the aforementioned road infrastructure may be debited, accepting that they will be verified at the end of the Contract, provided that the use of road infrastructure has been verified during its validity.
7.3 The LESSEE is also responsible for the correct operation and preservation, in perfect condition, of Green Lane identifier, and under no circumstances may remove said equipment from the place where it is installed, as well as must report any anomaly to METRORENT or, with prior authorization from METRORENT, go to a Green Lane assistance point to solve said problem.
7.4 This service costs €1.5 plus VAT, for each rental day, up to a maximum limit of €15.00 plus VAT per month, and per rental contract (Ordinance NO. 190/2013 of May 23).
Driver’s Obligations and Right of Withholding
8. Driver’s Obligations and Right of Withholding
8.1 The driver identified in this Contract agrees to pay all the expenses derived from it to the LESSEE, and also authorizes the latter to claim the corresponding credit from his person or entity represented (collective, private, public or other person), in reference to the amount of debt related to this Contract, as well as granting the LESSEE the exercise of the right of withholding over the VEHICLE that he/she delivered to his offices, in the event that the payment of the outstanding amounts is not properly processed (among others, additional rental days, fuel costs, damages) and/or franchise.
8.2 The authorizations and obligations provided in this Contract for the LESSEE apply to the Driver, when it is a person other than that.
9. Final Provisions
9.1 It is expressly agreed for legal and judicial purposes, that is, for notices and/or notifications related to this Contract, that the addresses are those indicated in the same.
9.2. The jurisdiction of the District of Matosinhos is established for all disputes arising from the Contract, expressly waiving any other, unless a procedural legal provision is established to the contrary.
9.3 The LESSEE acknowledges that the VEHICLE is equipped with a geolocation device (GPS) that can be used in case of breach of contract and/or in the event he/she crosses the border.
The LESSEE accepts the Particular and General Conditions of this Contract, which were explained to him in due time, having had knowledge of his rights and obligations, which he undertakes to observe and respect.
The LESSEE is aware of, and therefore authorizes, METRORENT expressly and unequivocally to proceed with the collection and processing of his/her personal data for the purpose of: (a) customer management; (b) compliance with legal obligations; (c) market research and (d) in case of breach of the Contract, transmission to ARAC for inclusion in the database. The LESSEE expressly authorizes METRORENT to carry out the physical and/or digital reproduction of the Citizen Card/ID Card, as well as the driving license, and to keep the respective reproductions for the time strictly necessary for the purposes in question. The LESSEE may exercise his/her right of access to the terms aforementioned in Clause 6.
I, the LESSEE, am informed that, in case of dispute, I may appeal to the National Centre for Information and Arbitration of Consumer Conflicts; Algarve Consumer Conflict Information, Measurement and Arbitration Centre; Coimbra Consumer Conflict Arbitration Centre; Lisbon Centre for Consumer Conflict Arbitration; Porto Consumer and Arbitration Information Centre; Vale do Ave Consumer Conflict Arbitration Centre / Arbitration Tribunal; Consumer Information, Mediation and Arbitration Centre (Consumer Arbitration Court); Madeira Consumer Dispute Arbitration Centre. METRORENT is not bound by adherence or legal imposition resulting from the necessary arbitration to any entity for the alternative resolution of consumer disputes. If you require more information about the entities available to promote the extrajudicial resolution of national and cross-border disputes under Law No. 144/2015 of September 8, in case they would be initiated by a consumer against a supplier of goods or services, and complied with the obligations related to contractual agreements resulting from purchase and sale or service contracts between a supplier of goods or service provider and consumers residing in Portugal and the EU, please visit the following the Consumer Portal (www.consumidor.pt).