a. Low season (January, February, November and December) - 70 (seventy euros) b. Mid season (March, April, May, June and October) - 80 (eighty euros)

Transcription

1 The rental company for motorhome hire and the provision of remote tourist guidance services Part I Introductory Provisions Clause 1 Scope This contact covers motorhome hire and the provision of remote tourist guidance THE RENTAL COMPANY is the lessor and service provider, the Client is the lessee and beneficiary of the services The services covered by the contract pertain to the undertaking of trips, by road and for tourism purposes, in mainland Portugal. Clause 2 Motorhome Hire Under this contract, THE RENTAL COMPANY undertakes to temporarily grant the Client the use of an equipped motorhome compatible with remote guidance services, in accordance with the provisions of Part II of this Contract. Clause 3 Remote guidance services Remote guidance services means services intended to assist the Client in pinpointing their geographic position and deciding upon their travel itinerary, in accordance with the provisions of Part III of this Contract. Clause 4 Price and other financial provisions A daily rate is applied to the hire of a motorhome and to remote guidance services, which varies according to the season as follows: 4.1 : a. Low season (January, February, November and December) - 70 (seventy euros) b. Mid season (March, April, May, June and October) - 80 (eighty euros) c. High season (July, August and September) - 90 (ninety euros)

2 4.2 The price shall be paid in advance. 4.3 The Client shall also undertake to pay to THE RENTAL COMPANY, in addition to the hire price: a. The sum of 500 (five hundred euros), as a deposit; b. Any amounts corresponding to damage resulting from any accident that the Client may cause, or to damage resulting from theft or robbery not covered by insurance; c. Taxes and levies due in relation to the situations covered by the previous paragraphs; d. The sum of (one hundred and fifty euros), in case of loss of the motorhome s documents or keys; e. The sum of (fifty euros) plus VAT, should the vehicle require exceptional deep cleaning; f. A sum corresponding to the difference between the fuel level in the motorhome at the start of the hire period, and the fuel level in the motorhome when it is returned, an amount set in advance at 30 per 1/4 of a tank; g. Legal and out-of-court expenses, fines and other financial penalties, whatever their nature, resulting from the violation of any legal provision applicable to the Client during the hire period; h. Costs to repair any damage which the Client may cause, namely due to crashes, collisions, 4.4 The Client, to ensure compliance with their obligations under the Contract, namely pertaining to fuel and franchise, shall provide a deposit totalling the amount stated in the previous sub-clause, in cash, expressly authorising THE RENTAL COMPANY to fulfil and charge the fees due. 4.5 The deposit shall be returned to the Client as soon as the vehicle is returned to THE RENTAL COMPANY and all sums owed by the Client have been paid; however, should there be any sums yet to be paid (including additional hire days, fuel expenses or damages, among others), THE RENTAL COMPANY

3 shall use the sum of the deposit, in total or partially, to cover the latter, without prejudice to its right to legally seek payment of the amount still owing. Part II Motorhome Hire Clause 5 Receipt and return of the motorhome 5.1. The Client confirms that they have received the vehicle in roadworthy condition specifically, the tyres and clean, in accordance with the check out provisions, with all respective equipment, accessories and documents The Client undertakes to return the motorhome in largely the same condition in which they were given it, at the time and place stipulated in this Contract Should the tyres be worn by any activity other than regular and careful use, the Client shall undertake to immediately pay for the replacement of any damaged tyres with tyres of the same or equivalent brand and characteristics THE RENTAL COMPANY is not responsible to the Client or to any third party for any loss, theft or damage to property left in the vehicle, during or after the hire period The Client shall return the motorhome at the end of the Contract or on the date of its termination, unless agreed otherwise, to the place where they took receipt thereof, by 3pm, or they will be deemed in breach of contract If the motorhome is not returned at the agreed time and date, the Client shall undertake to pay THE RENTAL COMPANY, per entire or part day delay, a sum equivalent to three times the daily rate The Client is responsible for all losses and damages, including theft or robbery of the motorhome, where the latter is not returned to THE RENTAL COMPANY If the motorhome displays defects, damages or soiling beyond that expected as a result of regular and careful use, and particularly where THE RENTAL COMPANY has to carry out an exceptional deep clean of the motorhome (rather than a standard clean which can be carried out at a selfservice manual carwash), the Client shall compensate THE RENTAL COMPANY

4 for the cost of any repairs or exceptional deep cleaning, in accordance with the provisions of Clause 4. Clause 6 Use of the motorhome 6.1. The Client shall undertake to: a. Use the motorhome in a regular and careful manner, in accordance with the Law, in particular the Portuguese Highway Code; b. Take reasonable safety measures and care when using the motorhome; specifically, locking the motorhome when it is not in use, being diligent in terms of the applicable documentation, and always refilling with the correct fuel; c. Return the motorhome at the end of the hire period in the same state, with all of its equipment and documentation; d. Pay, when requested, any recognised charges which may be levied by THE RENTAL COMPANY, namely for the repair of damage to the vehicle, missing fuel upon its return or for exceptional deep cleaning; e. Pay physical or electronic tolls, including any additional administrative or penalty charges which may be due, specifically for motoring offences committed during the hire period; f. Immediately mention any defect or anomaly in the functioning of the motorhome; g. Immediately notify THE RENTAL COMPANY in case of seizure, theft, robbery, requisition, confiscation or any other offence to the property, possession or detention of the vehicle; 6.2. Without prejudice to civil liability, the Client shall not permit, on pain of exclusion from insurance coverage, for the motorhome to be: a) Driven by an individual:

5 i. Not identified or approved by THE RENTAL COMPANY; ii. iii. Under the influence of alcohol, drugs or in any other state which may reduce the driver s awareness and ability to react; Aged under 20 and holder of a driving licence which has been valid for less than 2 years; b) Used to push or pull any vehicle, trailer or any other object with or without wheels; C) Used for transportation in violation of the Law; 6.3. The Client may not in terms of the motorhome, its documentation, tools, parts and components carry out the following acts: sublet, lend, give, sell, encumber or in any way use as a guarantee, transform or modify; 6.4. The client is wholly responsible for any types of fine, or other penalties which the Courts or Administrative Authorities may issue due to administrative or criminal procedures resulting from violations of the Highway Code, tolls, parking and other offences committed with the vehicle during the hire period The Client may only use the vehicle outside of mainland Portugal in countries covered by the International Green Card Certificate, following written authorisation from THE RENTAL COMPANY, who may require an additional deposit of an amount up to the vehicle s commercial value; The Client must request authorisation to leave mainland Portugal a minimum of 48 hours in advance, and presume that the authorisation has not been granted should they receive no response from THE RENTAL COMPANY Should the motorhome be used in conditions which violate the Contract, THE RENTAL COMPANY reserves the right to recover the motorhome at any time and in any way, without need for prior notification, with any charges incurred borne solely by the Client, without prejudice to any compensation due legally or contractually to THE RENTAL COMPANY or to any third party, where applicable In case of filling with fuel and/or use of any other substance which is different to that which the motorhome requires, the Client shall be responsible

6 for costs incurred for the complete replacement of the fuel, dismantlement and washing of the tank, tuning of the engine and any other damage caused to the vehicle. Clause 7 Motorhome technical problems 7.1. Should the Client notice any technical problem with the motorhome, they should immobilise it immediately and contact THE RENTAL COMPANY In case of the motorhome becoming immobilised due to breakdown, repair work may only be actioned by the Client where authorised in writing by THE RENTAL COMPANY and in accordance with the instructions provided by the latter. Repairs should be itemised in an invoice breaking down the work done and indicating parts replaced Towage expenses, within or outside the country, due to misuse of the vehicle, shall be borne by the Client In case of breakdown or lack of availability, where THE RENTAL COMPANY is not at fault, THE RENTAL COMPANY shall not be held responsible for any accommodation or transport costs that the Client may incur In case of breakdown or lack of availability, THE RENTAL COMPANY shall undertake to make every effort to fix the breakdown as soon as possible. Clause 8 Insurance and related matters 8.1. The Client and other authorised drivers of the vehicle shall be covered by an insurance policy which covers limited civil liability up to a maximum amount of 50,000 (fifty thousand euros), and personal accidents up to a maximum amount of 20,000 (twenty thousand euros) for injury or death and treatment expenses up to a maximum amount of 3,500 (three thousand five hundred euros), in accordance with Portuguese law The Client must cooperate with THE RENTAL COMPANY where recourse to the insurance policy is required, complying in particular with the following

7 practices: a. Immediately cooperate with police authorities in case of any accident, theft, robbery and/or fire; and furthermore respond to THE RENTAL COMPANY in such situations within a maximum of 24 hours; b. Do not leave the scene of an accident, theft, robbery and/or fire before the arrival of the police authorities; c. Provide information on the circumstances in which the accident occurred, as well as the date, time, place, name and address of witnesses, the name and address of the owner and of the driver of the third party vehicle involved and the registration, make, insurance company and insurance policy number of the third party vehicle; 8.3 In case of an accident being due to speeding, negligence, driving under the influence of alcohol or drugs, the Client shall bear full responsibility for repair expenses. 8.4 Should the Client have deliberately provided THE RENTAL COMPANY with false information, namely regarding their identity, address, address, telephone number or validity of their driving licence, THE RENTAL COMPANY reserves the right to pass on to the Client any costs incurred as a result of such false declarations, without prejudice to other applicable liabilities. Part III Remote Guidance Services Clause 9 Description of the services 9.1. Remote guidance services include: a. Vehicle geolocation; b. Provision of a sample trip guide; c. Remote support via or telephone; 9.2. Vehicle geolocation ensures the location of the service at all times, allowing for the definition of routes and itineraries in line with the Client s

8 preferences. 9.3.The sample trip guide is a document with predefined suggested itineraries, designed to offer a tour of natural and cultural points of interest, provided to the Client when they take receipt of the motorhome. 9.4.Remote support via or telephone means that THE RENTAL COMPANY is on hand to provide the Client with information via these channels during the motorhome hire period this assistance involves in particular the suggestion of routes, activities or any experiences of cultural or recreational interest Remote support via or telephone is available every day from 9am to 9pm. 9.6.The Client understands and accepts that the provision of remote guidance services requires the geolocation of the motorhome which allows specifically for its remote location, speed measurement and the monitoring of the motorhome s itinerary. Part IV Final provisions Clause 10 Data THE RENTAL COMPANY will keep a record of the Client s name, identification number, address, address and information relating to their driving licence THE RENTAL COMPANY may share this data with police and/or judicial authorities, where requested due to violations of the Highway Code and to assist in criminal investigations; it may also use them for the recording and archiving of contracts concluded. Clause 11 Extension Should the Client wish to extend the provision of services and the hire, they must obtain, in advance and in writing, THE RENTAL COMPANY s

9 agreement, paying the amounts due for the agreed extension Where an extension to the Contract is granted, the Client must always have a copy of the document (digital or hard copy) with them as proof of THE RENTAL COMPANY s agreement to the extension Should the extension not be granted, the Contract shall expire at the end of the hire period initially agreed, specifically requiring the Client to return the motorhome at the end of this period.