General terms and conditions
General terms and conditions
1. PICK UP AND RETURN
1.1 Pick up and return services work from 10:00 am to 5:00 pm, and are subject to prior scheduling, depending on availability.
1.2 Unless expressly agreed otherwise, the Hirer will pick up and return the vehicle on the date, time and place indicated in this Contract (Particular Conditions), under penalty of breach the Contract.
1.3 If the vehicle is not picked up or returned at the agreed time, the Hirer will be obliged to pay the Rental Firm, the sum of €35.00 (thirty-five euros), for each thirty minutes of delay or fraction thereof, for the time spent waiting time by the Rental Firm’s team.
1.4 Subject to availability, it is possible to request, at the time of booking, an advance (07:00 a.m. to 9:00 a.m.) or a postponement (6:00 p.m. to 8:00 p.m.) of the time of pick-up or return of the vehicle, upon payment of an “out-of-hours pick-up/drop-off fee” of €89.00 (eighty-nine euros). This service is only available in Lisbon (Montijo).
1.5 The Hirer declares to have received the vehicle in a clean and good condition, with the respective equipment, accessories, extras and documents, with the tires in good condition and the fuel tank full.
1.6 The Hirer undertakes to return the vehicle in the same condition in which he received it, with the fuel tank full, the exterior washed and cleaned, the fridge, wastewater tank and chemical toilet empty and clean and the interior free of garbage, sand, mud and other debris.
1.7. On the date of pick-up, the Hirer may contract the “Cleaning Service”, for the sum of €60.00 (sixty euros), being exempt from returning the vehicle in the same clean conditions found on the date of pick-up. This service assumes prudent and regular use of the campervan, and does not include cleaning the chemical toilet. If this service has not been contracted, and if the Hirer falis to comply with the above, the Cleaning Service will be charged.
1.8 If the vehicle shows levels of dirt contrary to its prudent and regular use, namely, with garbage, sand, mud or any debris, dirty kitchen utensils, a disconnected fridge with food inside, the wastewater tank and the chemical toilet to be emptied and cleaned, traces of animal hair, forcing the Rental Firm to carry out an extraordinary and thorough cleaning of the interior and exterior of the vehicle, the Hirer will be charged an “Extraordinary Cleaning” (€120.00).
1.9 The Hirer assumes full responsibility for any faults, defects or damages not mentioned in the contract, during the inspection with the Rental Firm’s representative.
1.10 If the Hirer identifies faults, defects or interior damages that have not been reported in the contract, he must comunicate, by email, ([email protected]), until 10:00 a.m. on the day following the pick-up. After this period, any faults, defects or interior damages will be the sole responsibility of the Hirer.
1.11 If the vehicle is not returned on the stipulated date, the Hirer will pay the Rental Firm as compensation, for each full day or fraction thereof, an amount calculated on the basis of three times the daily rate for the rented vehicle, without prejudice to the Rental Firm that may initiate the civil and/or criminal legal procedures necessary for the recovery of the vehicle and compensation for the damages suffered, namely, the use of a precautionary procedure aiming at the restitution of the vehicle.
1.12 If the vehicle is left in a place other than the one agreed, a “relocation fee” will be charged, in accordance with the rates in force.
1.13 The Hirer is responsible for all losses or damages, including theft of the vehicle, if it is not formally returned to a representative of the Rental Firm.
1.14 Faults, defects or damages identified in the presence of the hirer:
a) Whenever faults, defects or damages to the vehicle, its equipment, documents, accessories or rental extras are found during the process of returning vehicle, they must be mentioned in the check out report. By signing the report, the Hirer acknowledges having been aware of it. The Rental Firm’s representative will estimate the amount that the Hirer will have to pay at the time of check-out, which will be deducted from the security deposit.
b) Subsequently, the total final cost of the repair or replacement will be determined based on an estimate or invoice issued by the brand’s official representative/distributor or an independent auto repairer shop, as the case may be. In addition to the budgeted amounts, there are administrative costs for damage management of €45.00 (forty-five euros) and the immobilization of the vehicle, when applicable, in the amount of €75.00/day (seventy-five euros/day).
c) The difference between the final amount determined and the amount paid will be charged or returned to the Hirer, accordingly.
1.15 Faults, defects or damages identified after the vehicle has been returned:
a) If any faults, defects or damages are identified during the inspection of the vehicle after its return, the following documents will be sent to the Hirer:
- Check out report with a description of the faults, defects or damages identified;
- Photographs of the defects and damages;
- Estimate of repair/replacement costs, plus the amount due for administrative costs for damage management and immobilisation of the vehicle, if applicable.
b) If the Hirer wishes to dispute the identified damage or repair costs, he must contact the Rental Firm ([email protected]) within 14 days from the date on which the documents were sent. At the end of this 14-day period, the Rental Firm will send you the respective invoice.
1.16 In the impossibility of delivering the vehicle on the previously agreed date, for reasons of Force Majeure, not attributable to the Rental Firm, namely, any circumstances that are beyond the reasonable control of the Parties, including, but not limited to, natural disasters, imposition of supervening legal or administrative obligations by state or supra-state authorities, war or state of emergency, riots, civil disturbance, acts of terrorism, fire, explosion, flood, extreme weather conditions, epidemics, lock-outs, strikes, shortage of workers, material and services and absolute inability to obtain their supply, delay in the delivery for which the previous Hirer is responsible, theft, accident or breakdown, the Rental Firm undertakes to refund the Hirer the rental amounts paid by the latter, no amount of compensation is due other than the said refund.
2. USING THE VEHICLE
2.1 The Hirer undertakes to:
a) Make regular and prudent use of the vehicle, complying with the Law, especially the Highway Code, fill the tank with adequate fuel, ensure that the vehicle is closed and in a safe place when not in use, not to leave the vehicle’s documents inside;
b) Take full responsibility for the loss, theft, theft or material damage of goods left in the vehicle, during and after the rental period.
c) In case of deterioration of the tyres (punctures or bursts), for reasons unrelated to aregular and prudent use, the Hirer undertakes to pay the total of the costs of repair or replacement of the sai tyres, with the same characteristics and brand.
d) Pay, when requested, the rental price and the resulting charges charged by the Rental Firm, namely, for repairs of damage to the vehicle, the fuel missing in its return, the refueling fee or the extraordinary cleaning fee;
e) Pay the toll fees, physical or electronic, including any additional administrative costs that may be charged. The Rental Firm is not responsible for any payment due to non-regularization within the legal deadline;
f) Immediately report any defect or malfunction of the vehicle;
g) To prevent third parties from becoming convinced that the vehicle is his property, by act or omission. Immediately notify the Rental Firm in case of pawn, arrest, theft, robbery, requisition, confiscation or any other offense of ownership, possession or detention of the vehicle.
2.2 In rental vehicles, it is not allowed: Smoking, carrying animals, including pets. As regards the vehicle, its documents, tools, parts and components, it is also not allowed: subleting, lending, assigning, selling, encumbering or, in any way, giving as a guarantee, transforming, modifying or placing advertising or commercial mentions.
2.3 The Hirer is exclusively responsible for the fines, and other penalties that the Courts and Administrative Authorities establish, following administrative offence and criminal proceedings for violations of the Highway Code, tolls, parking, among others committed with the vehicle, during the rental period.
2.4 The Contract will be considered automatically cancelled if the vehicle is used in conditions that constitute a breach of the same, and the Rental Firm has the right to recover the vehicle, at any time and by any means, without prior notice, and the respective costs are exclusively the responsibility of the Hirer, without prejudice to the compensation that the Rental Company or third parties are legally or contractually entitled to, if applicable.
3. VEHICLE MAINTENANCE AND REPAIR, FUELS
3.1 The Hirer must take all necessary protective measures to keep the vehicle in the same condition in which it was delivered to him. In particular, to carry out regular inspections of the vehicle’s condition for oil, water and tyre pressure.
3.2 If the Hirer becomes aware of any technical problem with the vehicle, in particular, the warning notices on the vehicle’s dashboard, he must stop it immediately and contact the Rental Firm, or in case of out of office hours, roadside assistance.
3.3 If the vehicle is immobilized due to a breakdown, repairs can only be carried out by the Hirer if authorized in writing by the Rental Firm and in accordance with the instructions given to him/her, and the repairs must be included in a detailed invoice indicating the spare parts replaced ans/or repaired.
3.4 Towing expenses due to misuse of the vehicle will be the responsibility of the Hirer.
3.5 In case of the introduction of fuel and/or a substance of a type other than that used by the vehicle, the Hirer is responsible for the expenses inherent to the complete replacement of the fuel, disassembly and washing of the tank, tuning of the engine and other damage caused to the vehicle.
3.6 If not subscribed the “BEST” protection plan, the costs arising from damage to the tyres (punctures or bursting) are exclusively by the Hirer’s responsibility.
4. PROTECTION PLANS
4.1 The rental price includes the “BASIC” Protection Plan:
a) Unlimited Kms – No limitation of kms;
b) Travel with Borders – Allows traveling only in Portugal;
c) Civil Liability – Applicable in the first accident, incident or malfunction, it protects the authorized driver from the payment of compensation for material and/or bodily damage caused to third parties up to € 50,000,000.00 (fifty million euros);
d) Roadside Assistance 24/7 – Provides for the towing of the vehicle and the transport of people and goods in the event of a vehicle breakdown;
e) Own Damage – Covers damage caused to the vehicle, following an accident, collision and/or rollover, theft or burglary, fire lightning or explosion with a limit of liability (maximum insurance excess) of € 1,950.00 (one thousand nine hundred and fifty euros).
4.2 The Hirer may choose to contract other protection plans with additional coverage:
a) The “SUPER” Protection Plan (€19/Day), with a reduced liability limit – €900.00 (nine hundred euros). In addition to the coverage provided for in the “BASIC” plan, the main driver may designate another person authorized to drive the vehicle: Additional Driver (+1).
b) The “BEST” Protection Plan (€29/Day), with a minimum liability limit – €450.00 (four hundred and fifty euros). In addition to the coverage provided for in the “SUPER” plan, it includes (i) Glass Coverage – covers losses resulting from isolated glass breakage up to €1,000 (one thousand euros). This cover does not extend to headlights, rear-view mirrors, roofs or sunroofs, panels or windows made of synthetic materials, (ii) Tire Coverage – covers the first accidental damage to a tire (puncture) and (iii) it also allows the main driver to designate up to 3 (three) people authorized to drive the vehicle: Additional Driver (+3).
4.3 Drivers under the age of 25 must subscribe to an additional “Young Driver” coverage (€10/day). If this extra is not selected at the time of booking, it will have to be added it at Check-in.
4.4 When the “BASIC” or “SUPER” protection plan is selected, the main driver may designate another people authorized to drive the vehicle: “Additional Driver” (€10/day).
4.5 The additional coverage “Travel without borders” (€29/day), allows traveling in the countries of the European Union, Iceland, Norway, Switzerland, Albania, Andorra, Bosnia-Herzegovina, Moldova, North Macedonia, Montenegro, Serbia and Great Britain.
4.6 The Hirer will protect the interests of the Rental Firm and its Insurance Company:
a) Immediately reporting to the police authorities any accident, theft, robbery and/or fire, even if partial; the Hirer is also obliged to report such situations to the Rental Firm within a maximum period of 24 hours;
b) Not leaving the place of the accident, theft, robbery and/or fire before the arrival of the police authorities, under penalty of being imputed the full damages, and not having the coverage arising from the reduced excess insurance plan that may have been contracted;
c) Mentioning in the report the actual circumstances in which the accident occurred, the date, time, place, name(s) and address(es) of the witness(es), the name(s) and address(es) of the owner and driver of the vehicle involved and the registration, brand, insurance company and policy number of such vehicle(s);
d) Not to declare oneself responsible or guilty of the accident to a third party, under penalty of the Rental Firm exercising its right of recourse over it.
4.7 In the event of an accident, even with the delivery of the DAAA (Friendly Declaration of Motor Accident), the Hirer is responsible for paying for the damage caused to the vehicle up to the maximum amount of the excess in force during the period of the Contract, unless the responsibility is assumed by a third party.
4.8 Only the Rental Firm or authorized drivers will benefit from the excess 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 null and void in the event of an accident caused by negligence, drunkenness, use of narcotics or non-compliance by the Hirer or driver with all the general conditions of the rental and the rules of the Highway Code and other applicable legislation. The coverage of the protection plan will also be cancelled if the Hirer does not return the keys of the vehicle to the Rental Firm in case of theft or robbery.
4.9 If the Hirer has deliberately provided the Rental Company with false information, in particular regarding his identity, address, e-mail address, telephone contact or the validity of the driving licence, the Rental Firm reserves the right to pass on to the Hirer all the increased costs incurred as a result of such declarations, without prejudice to possible criminal liability.
5. EXCLUSIONS REGARDLESS OF PROTECTION PLAN
5.1 All protection plans exclude any loss, theft or damage (crackling, broken, scratched, burned) caused to the vehicle, windows, tyres, equipment, accessories and extras due to:
- Vandalism or Break into;
- Any damage caused to the vehicle, in case of violation of any a clause of the contract;
- Driving by a person not identified and not authorized by the Rental Firm, under the terms of the Contract or any attachments or amendments that are an integral part of it. Driving under the age of 21 and holding a driving license for less than 2 years or drivers with a cancelled/expired driving license;
- Any damage caused by deliberate conduct, influence of alcohol, drugs or any substance that reduces driving ability;
- Pushing or towing any vehicle, trailer or any other object with or without wheels; sports events or training of any nature, official or not; transport in violation of the Law, namely, what is provided for in the vehicle’s Single Vehicle Document;
- Any loss/damage/theft of personal property;
- Hirer’s engaging in careless or negligent behavior of any nature or fails to comply with locally established road rules, resulting in damage to the vehicle, or to the property of others;
- The cost to collect or rescue the vehicle from any restricted, submerged, trapped or abandoned area;
- Damage caused by submersion in water or in contact with salt water, driving in flooded areas, on the beach and on dirt roads.
- The cost to replace keys that have been damaged, lost, stolen, or that are locked inside the vehicle;
- Any cost associated with the incorrect use of fuel;
- All damage caused under the vehicle body or above the windscreen line, if there is no collision with third parties;
- All damage caused by being run over by an animal while driving.
6. TOLL PAYMENT
6.1 The vehicle is equipped with a toll payment system that allows, through the use of an identifier, owned by the Rental Firm, to determine the amount of the toll rate with a view in order to collect the electronic toll services provided on the road infrastructures duly equipped for this purpose, and the Hirer is solely responsible for the full payment its value of the same during the period of validity of the Contract;
a) For payment purposes, the Hirer must provide a valid credit card, ensuring in the corresponding bank account sufficient balance to meet the payments due, as the debits may occur at a time consequent to the detection of the use of the road infrastructures mentioned above, accepting that the debits may occur after the end of the contract, provided that the use of the road infrastructures has occurred during its term.
b) The Hirer is also responsible for the correct functioning and conservation, in perfect condition, of the Via Verde identifier, and may not under any circumstances remove the referred device from the place where it is installed, and must notify the Rental Firm of any anomaly or, after authorization from the Rental Firm, go to a Via Verde assistance point to resolve it.
c) If the service is used, an administrative fee of €20.00 (twenty euros) will be added to the toll amount.
7. Extras
7.1 Subject to availability, it is possible to rent extra equipment, either at the time of booking online or directly at the time of the vehicle pick up.
8. PRICES, TERMS AND PAYMENTS
8.1 Unless expressly stated otherwise, all prices indicated include the value of the VAT (Value-added Tax) at the prevailing rate.
8.2 The rental price is determined by the prevailing rate for the respective vehicle category and time of year, plus a service fee, payable in advance. To guarantee the booking it will be necessary to make a payment:
- 50% of the total if the booking is confirmed at least 30 days before the pick up date. The remaining 50% must be paid up to 15 days before the pick up date;
- 100% of the total if the booking is confirmed less than 30 days before the pick-up date.
8.3 Appropriate exchange rates will apply according to the payment method/bank fees.
8.4 If there is a variation in prices after the confirmation of the initial reservation, there will be no refund by the Rental Firm or additional payment by the Hirer.
8.5 At the time pick up of the vehicle, the Hirer undertakes to issue a credit authorization (deposit), through a credit card (Visa or Mastercard), the amount of which varies depending on the selected protection plan. This amount can be used to cover any related costs during the rental period. The credit authorization will be cancelled if the inspection of the vehicle by the Rental Firm shows that it is in the same condition in which it was delivered.
8.6 At the time of pick up of the vehicle, the Hirer must indicate a valid credit card number with sufficient balance to collect any toll charges and/or other costs that may occur during or after the rental period (notifications and fines, for example).
8.7 If the Hirer wishes to extend the rental period, he must obtain the Rental Firm’s agreement in advance and in writing, proceeding to the advance payment of the rental amounts due for the agreed extension.
8.8 In the event of an extension of the rental, the Hirer must always have copies of the Contract that demonstrate the agreement given by the Rental Firm for the extension of the Contract.
8.9 If the rental is not extended, the Contract will cease at the end of the term still in force, and if the Hirer does not immediately deliver the vehicle, the established in clause 1.11 of this Contract will apply.
8.10 The Hirer also undertakes to pay/guarantee to the Rental Firm, in addition to the rental price:
a) The amounts referring to the security deposit or excess due for the rental, under the terms of the rate in force at the time;
b) The amounts corresponding to the effective duration of the rental;
c) Amounts referring to damages resulting from an accident under his responsiblility, or in the event of theft or robbery not covered by the protection plan. If such damage is covered by the protection plan, only up to the maximum amount of the respective deductibles. Any expenses of hospitalization and medical assistance of drivers and passengers not covered by the protection plan;
d) Taxes and fees due by virtue of the situations provided for in the preceding paragraphs;
e) The amount of €100.00 (one hundred euros), in case of loss of the vehicle’s documents;
f) The cost of the missing fuel, plus €25.00 (twenty-five euros) due to the fuel supply fee, whenever it is not duly returned with the fuel tank full;
g) The amount of €120.00 (one hundred and twenty euros), in case of need for extraordinary cleaning of the vehicle;
h) Judicial and extrajudicial expenses, fines and other pecuniary penalties, whatever their nature, arising from the violation of any legal rule attributable to the Hirer or the vehicle during the rental period;
i) If the Rental Firm is notified, as a result of an administrative offence or unlawful conduct practiced by the Hirer, to identify him, he undertakes to pay as administrative expenses, the amount of €35.00 (thirty-five euros) for the information provided to the competent authorities;
j) The expenses and costs incurred by the Rental Firm to obtain the Hirer’s compliance with the provisions of the Contract, namely, the collection of amounts that are due by the Hirer to the Rental Firm, under the terms provided for by law;
9. RENTER'S PERSONAL DATA
9.1 In accordance with the provisions of the personal data protection legislation, the Rental Firm, VANDERSOL UNIPESSOAL LDA (owner of the Mr.Vancamper brand), with the unique number and registration and tax identification 509.776.434, in its capacity as data controller, will process the Hirer’s personal data.
9.2 The communication of personal data is a legal and contractual obligation, being a necessary requirement for the conclusion of the contract, and the Hirer is obliged to provide such personal data. If not provided, the contract will not be celebrated by the Rental Firm.
9.3 Without prejudice to the right to file a complaint with the CNPD, the Hirer has the right, under the terms of the legislation, to request from the Rental Firm access to his personal data, as well as its rectification or deletion, and the limitation of processing as far as it concerns the data subject, or the right to object to the processing, as well as the right to portability of the data through the electronic email: [email protected].
9.4 For the purposes of complying with the request to exercise rights in the previous paragraph, the Rental Firm, in case of reasonable doubts as to the identity of the natural person submitting the request, may request the additional information that is necessary to confirm the identity of the data holder.
10. FINAL PROVISIONS
10.1 The Parties expressly agree for legal/judicial purposes, namely, for summons, quotations and/or notifications related to the Contract, as their domiciles those contained in the Contract.
10.2 The parties declare that they have read and accept, without any exception or reservation, the general and particular terms and conditions applicable to this Contract.
10.3 For all disputes arising from the Contract, the jurisdiction of the District of Lisbon is stipulated, with express waiver of any other, unless otherwise provided by mandatory procedural law.
10.4 The Hirer declares to have been aware that the vehicle may be equipped with a geo-location device (GPS) that can be used in case of breach of contract and/or border crossing.
10.5 This Contract is written in the Portuguese and English versions, in duplicate, with one copy in the possession of each of the parties.
LISBON, 2024-09