GENERAL CONDITIONS OF THE CAR RENTAL AND RENT A CARGO AGREEMENT
1 - OBJECT
ICONIQ FLEET, LDA (hereinafter referred to as Lessor), rents the motor vehicle ("Vehicle"), identified in the specific conditions of the rental agreement ("contract"), to the Customer also identified in the specific conditions of the contract (hereinafter referred to as Lessee) under the following assumptions, terms and conditions:
2 - RENTAL PERIOD
2.1- This agreement is valid for the period indicated in the specific conditions, starting from the day and time of delivery of the Vehicle to the Lessee and ending on the day and time of return of the Vehicle, and the respective key, to the Lessor.
2.2- The minimum rental period is 1 day (24 hours) with a tolerance period of 59 minutes on the expected time and date for the return of the Vehicle, contemplated in the specific conditions of the contract. After the tolerance period, ICONIQ FLEET, LDA reserves the right to charge an additional amount calculated based on the highest normal daily rate published in the price list in use on the date and in proportion to the delay in the returning the Vehicle.
2.3- The extension of the rental must be requested by the Lessee at least 48 hours in advance and will always be subject to the written approval of the Lessor.
2.4- In the absence of any extension of the rental, the Lessee undertakes to return the Vehicle under the conditions stipulated in the current contract.
2.5- During the Rental period, the Lessee is fully liable for the Vehicle and for all fines and/or fines inherent to traffic, parking, and toll infringements, as well as for all consequences and liabilities arising therefrom.
3 - VEHICLE DELIVERY AND RETURN
3.1- The Lessee states that received the Vehicle under good condition of use and cleaning, with the respective accessories, documents and under the conditions described in joint verification document of the condition of the Vehicle, made at the conclusion of the contract act and signed by both parties.
3.2- The Lessee acknowledges that it is his obligation to return the Vehicle, its keys and documents, accessories, and equipment, in the same conditions in which he received them, at the location and date indicated in the specific conditions of the rental agreement.
3.3- The return of the Vehicle is effective only after physical verification of the Vehicle by the Lessor, delivery of keys and documents by the Lessee, and after the written permission of the Rental Company.
3.4- If, at the time of returning the Vehicle, damage, missing parts/accessories, or levels of dirt contrary to its prudent and normal use, requiring an extraordinary cleaning of the Vehicle, are detected, the Lessee shall compensate the Lessor for the respective cost of its repair and for the extraordinary cleaning.
3.5 - If for reasons accountable to the Lessee it is not possible to carry out the physical inspection of the Vehicle provided for in paragraph 3.3, namely due to abandonment of the Vehicle or its return to a location
and time not agreed upon, the Vehicle status report is irrevocably accepted by the Lessee and the Lessor will be immediately entitled to charge the Lessee for all expenses incurred in recovering the Vehicle, as well as all losses, shortages or damages detected in Vehicle by the Lessor during its recovery, by charging the credit card used in the initial payment and deposit, which the Lessee hereby authorizes.
3.6 - If the Vehicle is used in violation of the provisions of this agreement, the Lessor may at any time, without prior notice, immediately terminate the agreement and resume possession of the Vehicle at the Lessee´s expense.
4 - USE OF THE VEHICLE
4.1- The Lessee is obliged to used normally and prudently the Vehicle, ensuring its condition.
4.2- The Lessee must ensure that the Vehicle is properly locked and parked in a safe place when not in use; fuel up the Vehicle with adequate fuel; regularly check the oil, water and Adblue levels; check the tire pressure; and ensure turning on and diligent use of any safety device installed in the Vehicle, if any.
4.3- The Vehicle may only be driven by the Lessee or by persons identified in the specific conditions, if they have legal entitlement to drive for more than 12 months, minimum age of 23 years and maximum age of 75 years, unless conditionally authorized by the Lessor. For the purposes of this Clause, the Lessee undertakes to keep all drivers of the vehicle object of this contract duly informed of the contractual obligations provided for herein.
4.4- The Lessee undertakes to not use or allow the use of the Vehicle in the following circumstances:
a) to carry passengers or goods in breach of the law;
b) to use the Vehicle for the practice of sporting events or in sport training events, whether they are official or not;
c) to push or pull any Vehicle, trailer or otherwise;
d) to sublease and/or entrust it to third parties for any reason whatsoever;
e) by any person under the influence of alcohol, narcotics or any substance which directly or indirectly reduces the driver's perception and ability to react;
f) in violation of any transit rules;
g) outside the Portuguese territory, unless expressly authorized by the Lessor and having previously paid the cross border fee.
4.5- Cross border rentals between the continent and archipelagos of Azores and Madeira; inter archipelagos movements; and inter-island movements in the respective archipelagos are not allowed, unless expressly authorized by the Lessor.
4.6- The Lessee or any passengers, are not allowed to smoke inside the Vehicle.
5. VEHICLE MAINTENANCE AND REPAIR
5.1- The maintenance of the Vehicle inherent to its normal use is responsibility of the Lessor, and the Lessee, in the event of a mechanical problem in the Vehicle, must contact the Lessor.
5.2- Possible expenses for minor repairs due by the Lessee - lamps, fuses, oil replacement, except Adblue - with a value of more than 25 euros need authorization from the Lessor and, whatever the amount, will only be reimbursed by the Lessor upon the presentation of the invoice/receipt proving the value and payment, issued in the name of ICONIQ FLEET, LDA with tax number 515435535.
6 - INSURANCE AND COVERAGES
6.1- The Lessee and/or authorized driver participates in a civil liability insurance policy in accordance with the legal provisions of the country covering the risk of personal injury or damage to third parties.
6.2- Subject to the following provisions, Lessee shall be liable to ICONIQ FLEET, LDA, in case of loss, damage, theft or theft of the Vehicle, during the term of the rental agreement.
6.3- The Lessee's liability may be limited, on terms and in accordance with the type of cover he has contracted, and further explained at www.autounion.ptwww.iconiq-fleet.com or at the rental counters:
a) CDW (Collision Damage Waiver) - coverage already included in the specific conditions, for damage caused to the Vehicle in the event of a road accident caused by collision, with the Lessee being subject to payment of a deductible, which varies according to the type of vehicle category.
b) RDW (Reduced Damage Waiver) - reduction of deductible compensated by additional supplement, variable according to vehicle category. Includes TW - covers theft and/or loss of vehicle, accordingly to article 8.
c) FDW (Full Damage Waiver) – exemption of deductible compensated by additional supplement, variable according to vehicle category. Includes TW - covers theft and/or loss of vehicle, accordingly to article 8.
d) WUG (Wheels, Underside and Glass) - coverage damage to tires (except rims), lower damages if it is not intentionally caused by negligence and damages to glass (except taillights).
e) RAP (Roadside Assistance Plus) - extension to basic travel assistance, which covers the costs of the trailer transfer service and on-site assistance, for incidents arising from negligence by the Lessee and excluded from the scope of 24-hour roadside assistance. The Lessee benefits from exemption from paying the costs incurred for the towing service and local assistance, in situations of; battery without charge, vehicle with lack of fuel or with inadequate fuel, flat or damaged tire, broken windows and vehicle locked in case of loss of keys or keys locked inside the vehicle.
f) PAI (Personal Accident Insurance) – includes health expenses, the maximum amounts of which are €1.500 (one thousand five hundred euros) in case of illness or hospitalization caused by a road accident during the term of this Rental Agreement, and €15.000 (fifteen thousand euros) in case of death or disability.
g) NODEP (No Deposit) – exemption of deposit waiver compensated by an additional supplement, maintaining the deductible. Subject to the subscription of an additional service subcontracted by the Lessor.
6.4- The vehicle will only have valid coverages during the period agreed in the contract, except if the contract is extended under the present general conditions, the lessor declining, from then onward, any responsibility for any accidents caused or likely to be caused by the Lessee beyond the rental period, being then held solely responsible for the damages caused.
6.5- The above described coverages, even if subscribed, are rendered null and void and hold Lessee liable for all the costs of repair and compensation corresponding to the time of the accident of the Vehicle, whenever it is found, by Lessee or any authorized driver; (i) violation of the rules of use of the Vehicle, (ii) violation of the rules of the highway code, (iii) driving under the influence of alcohol or psychotropic substances (iiiI) a willful and negligent conduct of Lessee and/or occupants.
7 - PAYMENTS
7.1- The Lessee expressly undertakes to pay and/or repay to the Lessor the amounts due, and arising from the conclusion of this contract, as soon as it is requested, namely:
a) The price payable for the rental of the vehicle, depending on the rental period and the respective kilometers, calculated in accordance with the constant rate of the contract.
b) Any and all charges related to the suppression of charges for the coverage of personal accidents, collision coverage, collision and rollover, theft coverage and others and costs incurred in accordance with the rate or constant rates of the particular conditions of this contract.
c) All taxes and charges for the rental of the vehicle or the amount fixed by the rental
company for the repayment of such taxes.
d) The value for new damages, resulting from the use of the vehicle during the rental period. New damages are considered to be those that are not marked, at the start of the rental date, on the Vehicle condition verification document.
e) Charges caused by loss of vehicle documents and loss or damage of vehicle keys (value determined according to brand/model of vehicle and according to the rates in effect at the time of the occurrence), situations which involves the immobilization of the vehicle.
f) Charges necessary for replacement of damaged tires outside the normal use or due to accidental puncture, degraded clutches, wheel damage, tools, interiors, and damage to the top and bottom of the vehicle (in the absence of a collision).
g) charges due for extraordinary cleaning as a result of the proven inadequate condition of the vehicle at the time of its return, up to a maximum of €150.
h) All amounts under the contract concluded through the Insurance Company requisition, in case the use of the vehicle has exceeded the pre-stipulated period authorized by the company, without the Lessor having any obligation to give prior notice that the payment responsibility has been transferred.
i) Charges for the return of the Vehicle if it is left in a location other than the one provided for in the contract and without the prior written consent of the Lessor.
j) charges resulting from the introduction of fuel other than that used by the vehicle, such as costs of complete replacement of the fuel, dismantling and washing of the tank, refining of the engine and other consequential damage caused to the vehicle.
l) the relative cost for the vehicle refueling service and the cost corresponding to the number of liters of missing fuel, in case the vehicle is returned with a lower amount of fuel at the delivery date, or in case of an electric vehicle, the cost for its recharging in case it is returned with less than 80% of the battery charge it had at the time of delivery.
m) All costs incurred by the lessor to collect overdue payments owed by the Lessee as a result of this contract, including but not limited to other costs, the payment of toll fees, fines, parking fees or fines.
n) any amount which the Lessor is required to pay to any third party, administrative, law enforcement or other entity, as a result of the contravention or wrongful conduct of the Lessee, including administrative expenses, which are estimated at a minimum of €30 for the information provided to those entities and in the event of an accident as administrative costs related to the respective proceedings, at least €50.
o) All costs incurred by the Lessor to collect overdue payments owed by the Lessee as a result of this contract.
7.2 - The costs to be debited will be at the rates in effect at the time of the occurrence of the facts.
7.3 - Any invoice or debit notes not paid on the due date, the default interest rate, at the legally allowed maximum rate, will be added.
7.4 – The Lessee, to guarantee the compliance of the obligations under the contract, will provide a deposit in the form of his own physical credit card, for the amount referred to in the particular conditions, expressly authorizing the Lessor to fill in and charge the credit card, or by token, for the amounts due.
8 - ACCIDENTS, THEFT OR THEFT OF THE VEHICLE
8.1- During the rental period of the contract, the Lessee benefits from a 24-hour basic travel assistance service, in the event of a vehicle breakdown and/or accident, with immobilization of the vehicle. Road Assistance covers the vehicle towing service or on-site assistance, transportation of the Lessee and occupants to the Autounion station closest to the place where the service is carried out or to your place of residence, when in Portugal and a replacement vehicle AutoUnion (subject to authorization from the Lessor). When activated, this service fee is charged to the Lessor.
8.2- In the event of an accident, The Lessee undertakes to:
a) report to the Lessor any accident, theft, robbery, or any other claims, within a maximum of twenty-four hours;
b) immediately call the police authorities whenever third parties intervene; or if the vehicle is unable to move;
c) obtain the names and addresses of the persons involved in the accident and any witnesses;
d) Do not abandon the vehicle without taking the appropriate measures to protect and safeguard the vehicle;
e) not assume any responsibility for the Lessor;
f) immediately provide the Lessor with a detailed accident report including a copy of the police report of the accident;
g) In the event of vandalism, theft or robbery of the Vehicle, documentary evidence of the complaint to the authorities is essential, namely the police authorities, including the police proof of the presentation and delivery of the keys of the Vehicle.
8.3- If the Lessee does not comply with the obligations in paragraph 8.2, the Lessor reserves the right to charge the full amount of the damage caused to the Vehicle, regardless of the coverage contracted.
8.4- The Lessee acknowledges that the Vehicle is equipped with satellite anti-theft device that allows geolocation of the Vehicle, as well as its circulation, in order to give access to law enforcement authorities to data, to the recovery of the Vehicle, in case of theft, theft or diversion, and allows the collection of useful data for the reconstruction of any accidents or breakdowns.
8.5- The Lessor is free to refuse to provide the Lessee with a replacement Vehicle in the event of accident, breakdown, theft, damage, or for any other reason, without having to justify the reason for its refusal.
9 - PERSONAL PROPERTY
9.1- The Lessor is not liable to the Lessee or any passenger, for the loss or damage to property left in the Vehicle, during the rental period or after it.
10 - PERSONAL DATA
10.1- The Lessee provides at the beginning of the contract with is personal data and that of the driver(s) of the Vehicle, for the purposes of their identification, expressly authorizing the Lessor to process them.
10.2- Pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (RGPD), Lessor informs that the entity responsible for the processing of personal data provided under the contract (identification, contacts, for the purpose of payment and geolocation of the vehicle) is the Lessor ICONIQ FLEET, LDA., located at Travessa da Trindade nº 16 2°C 1200-469 Lisboa.
The purpose of processing personal data is to:
a) the performance of pre-contractual obligations and the execution of this contract, pursuant to paragraph b) of number 1 of article 6 of the RGPD, including for the purposes of customer management, administrative management, complaints, requests for reservation and clarification, billing, and recovery of disputed claims;
b) fulfillment of legal obligations, namely the Rules of Access and Exercise of the Activity of Passenger Cars Rental without driver and the Legal Regime for the Exercise of the Industry of the Rental of Motor Vehicles without Driver;
c) compliance with our legitimate business interests, namely vehicle geolocation data, only in the case of abusive use of the same, theft or robbery and use beyond authorized geographic limits; collection of useful data for the reconstruction of any claims, including the speed of the vehicle, the road conditions and distances;
d) others, such as e-newsletters or marketing actions for which the Lessee has given express consent to the rental company.
10.3 – The rental company will keep personal data processed for the period necessary for the provision of services, respective billing and compliance with legal obligations.
10.4 - Personal data may be transmitted to third parties for the purpose of ensuring compliance with any legal obligations to which the Lessor is subject, pursuant to paragraph c) of number 1 of article 6 of the RGPD, namely to legal authorities, police, tax and customs authorities and regulatory bodies.
10.5 - At any time, the holder of the personal data has the right to access them, as well as, within the limits of the contract and the RGPD, to change them, to oppose to the respective treatment, to decide on the automated treatment of the same, withdraw the consent, request the erasure of the data and exercise the other rights provided for in the legislation (except for the data that are indispensable to the execution of the contract, and as such are mandatory supply, as well as for compliance with legal obligations to which the rental company is subject), by writing to com.
10.6 - The data subject has the right to be notified, under the terms of the RGPD, if there is a violation of his / her personal data that may involve an elevated risk for the rights and freedoms and may submit complaints to the authority (s).
10.7 - Personal data may be transmitted to third parties that provide services to the rental company, whenever such services imply the communication of data contained in the contract.
11 - E-TOLL MANAGEMENT SERVICE
11.1- ICONIQ FLEET, LDA, provides this service, with automatic subscription and in accordance with the law, through a Via Verde identifier owned by the Lessor, installed on the windshield of the Vehicle, which allows to determinate the value of the toll fee with a view to its collection, within the scope of electronic toll services available on road infrastructure duly equipped for this purpose, being the Lessee the only responsible for paying the full amount of the toll during the term of the contract.
11.2- For payment, the Lessee must provide a valid physical credit card, ensuring in the corresponding bank account sufficient funds to cover the payments due, assuming that the debits may occur after the end of the contract, since the transposition of any electronic toll barrier occurred during the rental period.
11.3- The Lessee is responsible for the maintenance and correct functioning of the electronic toll device, must report any anomaly and under no conditions can remove the device from the windshield. The loss, damage or loss of the device involves the payment of € 60.
12 - APPLICABLE LAW AND FORUM
12.1 - The parties hereby elect the Tribunal da Comarca de Lisboa Norte, to the exclusion of another forum, to settle disputes between them.
12.2- In compliance with the provisions of Law No 144/2015 of 8 September 2015, the consumer is hereby informed of the existence of alternative dispute resolution (RAL), namely, by resorting to the Automobile Sector Arbitration Center (CASA), at and headquartered in Av. da República, 44 - 3º Esq.,1050-194 Lisbon. This information does not
require the provider to join alternative dispute resolution.
13 - INFORMATION AND CLARIFICATIONS
13.1- The Lessee declares, by signing this contract, that all clauses have been timely and expressly communicated and explained by the Lessor, and that he is aware of them.
13.2 - The Parties irrevocably and expressly agree that the contract will be signed electronically, by means of a handwritten signature affixed digitally or by any other suitable process, with the same probative force as that of a handwritten document.
13.3- The parties further accept that the electronic signature affixed in accordance with the previous paragraph serves the same functional purposes as a handwritten signature, namely: (i) identifies the signatory, (ii) its submission to the document depends only on the will of the subscriber, and (iii) preserves the integrity of the document.
13.4 - If it is technically or humanly impossible to use electronic signatures, the contract will be signed by the parties on paper.
13.5- For the purposes of this agreement, the Lessee must provide a valid telephone contact, address and email address, data necessary for the execution of this rental agreement.
13.6- All notifications under this rental agreement, either during or after the term, will be sent for the data contained in this agreement, so the Lessee undertakes to communicate to the Lessor any change of data.
By celebrating this contract, the Lessee have read and agrees to rent the Vehicle in accordance with the general and particular terms and conditions.
The Lessee_____________________________________________________________________________________
I authorize my personal data to be used for the purposes of informational and marketing communications from ICONIQ, LDA., and trademarks represented by them, by digital or physical means, such as electronic notifications, letters, sms or email.
