The non-driver Vehicle Rental Agreement is done between VANDERSOL, UNIPESSOAL LDA, with the unique registration number 509.776.434 (MR.VANCAMPER’s trademark), as the Rental Firm and the customer identified in the Particular Conditions, hereinafter referred to as Hirer, which is governed by these General and Particular Conditions.
1. DELIVERY AND RETURN
1.1. The Hirer declares to have received the vehicle in good conditions of use and cleaning, with the respective equipment, accessories, extras and documents, with the five tires in good condition and the full fuel tank, committing itself to return it in the same conditions in which he received it, at the place, date and time indicated in the Particular Conditions.
1.2. In case of deterioration of the tires for reasons unrelated to a prudent and normal use, the Hirer undertakes to replace immediately and on his own, the said tires by others with the same characteristics and brand. Alternatively, you can settle the cost of replacing the tires with the Rental Firm, according to the current price list.
1.3. The Rental Firm is not liable to the Hirer or any third party for the loss, theft or damages of property left in the vehicle, during and after the rental period.
1.4. Unless expressly agreed otherwise, the Hirer will return the vehicle at the date, time and place of delivery indicated in this agreement, otherwise the contract will be considered null.
1.5. In the event that the vehicle is not returned in the stipulated date, the Hirer will be obligated to pay the Rental Firm as compensation, for each full day or fraction thereof, an amount calculated based on three times the daily rate for the rented vehicle, without prejudice to the Rental Firm that may initiate the civil and/or criminal judicial 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.
1.6. If the vehicle is left in a place other than the agreed place, an additional cost, called “rate of return” will be charged, in accordance with the rates in force.
1.7. The Hirer is responsible for all losses or damages, including theft of the vehicle, if it is not formally returned to the Rental Firm’s representative.
1.8. Whenever there is a fault, defect or damage in the vehicle, its equipment or rental extras during the vehicle return process, they should be mentioned in the Check Out Report. By signing the report, the Customer confirms that he has acknowledged it. Afterwards, he/he will be charged for the respective cost of their repair or replacement, plus the administrative costs for the damage management (45.00 euros) and immobilization period, when applicable (75.00 euros/day) or according to the Table of Damages and Costs (Table), which was delivered at the time of Check In.
1.9. By presenting the vehicle levels of dirt contrary to its prudent and normal use, namely with rubbish, sand, mud or any debris, dirty kitchen utensils, refrigerator turned off with food inside, the tank of waste water to empty, forcing the rental company to a deep cleaning of the interior and exterior of the vehicle, instead of a simple and current cleaning, such as would be possible in a self-service manual washing center, the Hirer will be charged an “Extra Cleaning” (100.00 € – one hundred euros)
1.10. Failure to deliver the vehicle on the agreed date, for reasons not attributed to the Rental Firm, including but not limited to (i) delay in the delivery by the previous Hirer, (ii) theft, (iii) accident or damage, the Rental Firm undertakes to return to the Hirer the rental values paid by the Hirer, not being due any amount by way of compensation in addition to said refund.
2. USING THE VEHICLE
2.1. The Hirer undertakes to:
a) Make normal and prudent use of the vehicle, complying with the Law, especially the motorway code, supplying the tank with the appropriate fuel, ensuring that the vehicle is closed and in a safe place when not in use, not leaving the documents inside;
b) Return the vehicle at the end of the stipulated rental period, in the same condition in which it was delivered, namely with the fuel tank complete, with the respective equipment, accessories and documents;
c) To pay, when requested, the rental price and the consequent charges that are attributed to it 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;
d) To pay the tolls rates, physical or electronic, including any additional administrative costs that may be imputed. The Rental Firm is not responsible for any payment due to non-regularization within the legal term;
e) Immediately report any defect or malfunction of the vehicle;
f) To avoid that, by act or omission, third parties become convinced that the vehicle is their property, advising the Rental Firm immediately in case of pawn, arrest, theft, robbery, requisition, confiscation or any other offense of ownership, possession or vehicle detention.
2.2. Under penalty of exclusion from the civil liability insurance coverage, the Hirer will not allow the vehicle to be:
a) Driven by a non-identified and non-authorized person by the Rental Firm, under the terms of the agreement of any attachment or amendments that are part of it, under the influence of alcohol, narcotics or another similar disturbing state that directly or indirectly reduces their perception and ability to react, under 21 years old and who has had a license for less than 2 years;
b) Used to push or tow any vehicle, trail or other object with or without wheels, sporting events or sports of any nature, official or otherwise, transportation in violation of the Law, namely, on what is provided in the Single Vehicle Document of the vehicle;
c) Damaged by submersion in water, contact with salty water, driven in flooded areas, on the beach and on dirt roads.
2.3. The Hirer is forbidden to transport animals, including pets, and, with respect to the vehicle, its documents, tools, parts and components, to perform the following acts: sublet, lend, assign, sell, encumber or otherwise give it as guarantee, transform, modify or place advertising or commercials.
2.4. The Hirer is responsible for ensuring that all electric devices (including the refrigerator) do not remain connected to the battery for more than 4 hours at a time and must recharge the battery at least once a day from an external power source (220 V).
2.5. The Hirer shall be fully liable for fines and other penalties that the Courts and Administrative Authorities may establish, following administrative and criminal procedures for violations of the motorway code, tolls, parking, among others committed with the vehicle, during the rental
2.6. The contract shall be deemed to be automatically terminated if the vehicle is used in conditions that constitute a breach thereof, and the Rental Firm has the right to recover the vehicle at any time and in any way, without the need for prior notice, and the respective charges will be exclusively the responsibility of the Hirer, without prejudice to the damages to which the legal entity or contractual agreement belongs to the Rental Firm or to third parties, as the case may be.
3. MAINTENANCE AND REPAIR OF THE VEHICLE, FUELS
3.1. If you notice that there is a technical problem with the vehicle, in particular the warnings on the dashboard of the vehicle, the Hirer must immobilize and immediately contact the Rental Firm or, in case of out of office hours, the Travel Assistance.
3.2. In the event that the vehicle is immobilized due to a breakdown, repairs can only be made by the Hirer if authorized in writing by the Rental Firm and in accordance with the instructions it transmits, and the repairs must include a detailed invoice indicating the replaced spare parts.
3.3. The cost of towing, due to misuse of the vehicle, will be the responsibility of the Hirer.
3.4. The Hirer shall take all necessary protective measures to maintain the vehicle in the same conditions in which it was delivered. In particular, it should regularly inspect the state of the vehicle for oil, water and tyre pressure.
3.5. In case of introduction of fuel and/or substance of a different type than the used by the vehicle, the Hirer shall be responsible for the cost related to the complete replacement of the fuel, dismantling and washing the tank, engine tuning and other damages caused to the vehicle.
3.6. If you haven’t picked the option of insurance “Best”, the damage costs affecting tyres (holes or bursting) are exclusively on the Hirer’s responsibility.
4. PROTECTION PLANS
4.1. The rental price includes the BASIC Protection Plan:
a) Unlimited Kms;
b) Travel abroad – Allows circulation in any country of the E.U., Iceland, Norway and Switzerland;
c) 3rd party liability – Applicable in the first accident, incident or malfunction, 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 – Ensures the towage of the vehicle and the transportation of people and goods, in the event of vehicle breakdown;
e) Collision Damage Protection – Covers vehicle damages in the event of collision and/or rollover, resulting from theft or burglary, from fire, lightning or explosion within 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:
a) “SUPER” Protection Plan, with a reduced liability limit – 900.00 € (nine hundred euros). In addition to the coverages provided in the “BASIC” plan, also allows the main driver to designate another person authorized to drive the vehicle: Additional Driver (+1);
b) “BEST” Protection Plan, with a minimum liability limit – 450.00 € (four hundred and fifty euros). In addition to the coverages provided in the “BASIC” plan, it includes: (i) Glass Breakage, which covers losses resulting from isolated glass breakage of up to 1.000 € (thousand euros). This coverage is not extended to headlights, rear-view mirrors, sunroofs, panels or windows made of synthetic materials; (ii) Tyre Damages, which covers the first accidental tyre damage (puncture or burst) and (iii) Additional Driver (+3), which allows the main driver to designate up to 3 (three) people authorized to drive the vehicle;
c) Drivers under the age of 25 are subject to different liability limits (maximum excess): (i) “BASIC” Protection Plan – 2,400.00 € (two thousand and four hundred euros); (ii) “SUPER” Protection Plan – 1,150.00 € (one thousand, one hundred and fifty euros); (iii) “BEST” Protection Plan – 750.00 € (seven hundred and fifty euros).
4.3. The Hirer shall protect the interests of the Rental Firm and its Insurance Company:
a) By participating without delay to the police authorities any accident, theft, robbery and/or fire, even if partial, also undertake to inform the Rental Firm in such situations within a maximum period of 24 hours;
b) Not abandoning the place of accident, theft, robbery and/or fire before the arrival of the police authorities, under penalty of being imputed the full damages, not having the coverage arising from the reduced excess insurance plan that may have been contracted;
c) Mentioning the actual circumstances of the accident, the date, time, place, name and address of the witnesses, the name and address of the owner(s) and driver(s) of the other(s) vehicle(s) involved and the registration, insurance and policy number of such third party vehicle (s);
d) Not to declare at any case, responsible or guilty of the accident with third party, under penalty of the Rental Firm to exercise right of return.
4.4. In the event of an accident, even with the delivery of an “Accident Statement”, the Hirer is responsible for payment of the damages caused to the vehicle up to the maximum amount of the insurance excess in force, in the period of contract, unless liability is assumed by the third party.
4.5. Only the Hirer or authorized drivers may have insurance excess reduction services; failure to comply with this provision implies the total annulment of the coverages contained in this article, and the provisions of this article are also void in case of an accident motived by negligence, drunkenness, drug use or non-compliance by the Hirer or drivers of the general conditions of the rental and the rules of the motorway code and other applicable legislation, and insurance coverage is also void if the Hirer does not return the keys to the Rental Firm in the event of theft or robbery.
4.6. In the event of an accident due to speeding, negligence, driving under the influence on any substance that impairs driving ability, the Hirer shall be liable for all repair costs and compensation corresponding to the immobilization time of the vehicle, even if an insurance excess reduction service has been contracted.
4.7. The insurance and any excess reduction services do not exempt the Hirer from full payment of negligently caused damages, in the upper, lower and interior parts of the vehicle, even if there is no collision.
4.8. If the Hirer has deliberately provided the Rental Firm with false information, in particular with respect to his identity, address, email address, telephone contact or validity of the license, the Rental Firm reserves the right to pass on the Hirer all the accrued costs resulting from such statements, without prejudice to any criminal liability.
5. TOLLS PAYMENT
5.1. The vehicle is equipped with a toll payment system which allows the use of an identifier owned by the Rental Firm to determine the value of the toll rate in order to collect in the context of the electronic toll services provided on the road infrastructure equipped for this purpose, the Hirer being solely responsible for the full payment of the value thereof during the term of the contract.
a) For the purpose of payment, the Hirer must make available a valid credit card, ensuring in the corresponding bank account a balance sufficient to cover the payments due, as the debits may occur at a time consequent to the detection of use of the above mentioned road infrastructure, accepting that the debts may occur after the expiry of the contract, provided that the use of the road infrastructure has occurred during its term;
b) The Hirer is also responsible for the correct functioning and conservation, in perfect conditions, of the Via Verde identifier, and cannot in any case remove the said equipment from the place where it is installed and must notify the Rental Firm of any anomaly or, after authorization of the Rental Firm, go to a Via Verde assistance store to resolve it;
c) This service is included in the rental price (not the tolls).
6. RECOMMENDED EXTRAS
6.1. Subject to availability, it is possible to rent extra equipment, either at the time of booking online or directly at the time of collection of the vehicle: (i) access to wireless internet (WIFI), (ii) barbecue, (iii) camping chairs, (iv) beach kit (1 sun hatl + 2 beach towels), (v) child safety chair, (vi) solar shower, (vii) chemical toilet, (viii) bathroom kit (cabin + chemical toilet + solar shower), (ix) roof racks, (x) paddle board, (xi) bike racks, (xii) bikes (xiii) camping tent (2 pax), (xiv) hammock, (xv) levelling blocks, among others.
7. PRICES, DEADLINES AND PAYMENTS
7.1. Unless expressly stated otherwise, all prices include the value of VAT at the rate in force.
7.2. The rental price is determined by the current rate for the category of the respective vehicle and the time of year, plus a one-time service fee paid in advance. At the time of booking will be charged to the credit card (Mastercard or VISA), 50% of the total amount of the rental, including taxes and fees. The payment method for the rental cannot be changed after confirmation. In case the billing card is refused, the reservation will not be valid and the confirmation of the reservation will not be issued.
7.3. The appropriate exchange rates will be applicable according to the payment method/bank fees.
7.4. In the case the Hirer wishes to extend the rental, he must obtain in advance and in writing the agreement of the Rental Firm, proceeding to the payment of the rental amounts due to the agreed extension.
7.5. If the extension of the rental is confirmed, the Hirer must always have with him the copies of the contract that demonstrate the agreement given by the Rental Firm for the extension of the contract.
7.6. If the extension of the rental is not confirmed, the contract shall cease at the end of the term still in force, and if the Hirer does not immediately deliver the car, the provisions of clause 1.5 of this contract shall apply.
7.7. The Hirer also undertakes to pay/guarantee the Rental Firm, in addition to the rental price:
a) The amounts related to the security deposit or insurance excess due for the rental, in accordance with the current rates;
b) The amounts corresponding to the actual duration of the rental;
c) The amounts relating to damage arising out of an accident under his responsibility, or in the event of theft not covered by the insurance. If such damages are covered by the protection plan, only up to the maximum amount of the respective insurance excess. Not covered by insurance, any expenses of hospitalization and medical care of drivers and passengers;
d) The taxes and charges due by virtue of the situations provided for in the preceding paragraphs;
e) The amount of 90.00 € (ninety euros), in case of loss of vehicle documents;
f) The amount of 40.00 € (forty euros) for each 25% of the missing fuel deposit, plus 25.00 € (twenty-five euros) due to the refueling service charge, whenever it is not returned properly attested with fuel;
g) The amount of 100.00 € (one hundred euros) in case of 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 norm attributable to the Hirer or to the vehicle during the rental period;
i) If the Rental Firm is notified, as a consequence of a misconduct or unlawful conduct practiced by the Hirer, in order to be identified the Hirer is obligated to pay, as administrative expenses, the sum 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 compliance by the Hirer with the provisions of the contract, namely the collection of amounts belonging to the Rental Firm, under the terms legally established.
8. PERSONAL DATA OF THE HIRER
8.1. Under the terms of the personal data protection legislation, the VANDERSOL, UNIPESSOAL LDA. (MR.VANCAMPER), with the unique and registration tax number 509.776.434, as the controller, will process the data personal data for the following purposes, based on the legal bases and retaining them during the indicated periods.
a) Administrative management of clients of the execution of the contract for the rental of light vehicles without driver and compliance with legal obligations under Decree-Laws 181/2012 of 6 August and 15/88 of 16 January for 10 years;
b) Management of billing, collection and payment, for the execution of the rental contract of vehicles without driver, for 10 years;
c) History of the commercial relationship to fulfill legal obligations of the Hirer, for 10 years;
d) Management and recovery of litigious credits for the execution of the rental contract of vehicles, for 10 years;
e) Newsletters submission with marketing communications, campaign information, news, congratulations, based on Hirer profile, for 10 years;
f) Analysis of consumer profiles, based on the Rental Firm’s interest, for 10 years;
8.2. The communication of personal data is a legal and contractual obligation, being a necessary requirement for the conclusion of the contract, and the customer is obligated to provide such personal data. If not provided, the contract will not be celebrated by the Rental Firm.
8.3. The personal data of the Hirer may be transmitted to the following entities for the purposes indicated:
a) AEAA (Association of Motorhome Rent Companies), for inclusion in the database of defaulting customers;
b) Private and public authorities, in the context of audits, investigations and inspections within the scope of their legal competences, namely, police agencies, public institutes and motorway concessionaires;
c) Judicial offices and courts, for the purposes of representation, declaration, exercise or defense of rights in legal procedures;
d) Tax Authority, for the purposes of compliance with tax obligations.
8.4. The use of the personal data mentioned in connection with the purpose of the analysis of consumer profiles allows the Rental Firm to customize its commercial offer with its customers, based on their reservations previously made, having no impact on the choices that the customer wants to make and not being necessary for the conclusion of the contract.
8.5. The Rental Firm may also communicate some of the personal data to service providers for data processing on behalf of the broadcaster (e.g. marketing) and only when it offers enough security guarantees.
8.6. 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 the Rental Firm to access personal data, as well as its rectification or elimination, and limitation of the treatment as regards the data subject, or the right to object to the processing, as well as the right to portability of the data through electronic email email@example.com.
8.7. For the purposes of complying with the request for the exercise of 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.
9. FINAL PROVISIONS
9.1. The parts expressly agree, for legal/judicial purposes, in particular for quotations and/or notifications related to the contract, as their respective domiciles in the contract.
9.2. For all disputes arising from the agreement, the Lisbon district court is stipulated; expressly waive any other, unless otherwise required by law.
9.3. The Hirer declares to have taken note of the price list applicable to the repair of minor damages to the vehicle that result from their use during the rental period and to know 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 transposition.
9.4. This rental contract is made in English and Portuguese versions, in two originals, signed by both parties, each copy (English + Portuguese version) for each party.