Terms and Conditions
This passenger vehicle rental agreement without a driver (“Agreement”), pursuant to Decree-Law no. 181/2012, of August 6, in its current wording, is governed by these General Conditions, by the Particular Conditions described above, and by the respective annexes, which form an integral part thereof.
1. OBJECT
Epi – Aluguer de Automóveis Sem Condutor Lda (“LESSOR”) rents to the client (“LESSEE”) identified in the Particular Conditions the motor vehicle described therein and in the state of repair indicated there, upon payment of the total rental price calculated in accordance with clause 3 and the particular conditions.
2. RENTAL DURATION
1. The rental begins and ends on the date, time, and location designated in the Particular Conditions for the pick-up and return of the vehicle, respectively.
2. Should the LESSEE wish to extend the rental period, the LESSEE undertakes to contact the LESSOR in advance to enter into a new agreement, or to renew the current one, subject to the LESSOR’s approval.
3. The pick-up of the vehicle is preceded by a joint inspection by the LESSEE and the LESSOR, resulting in an inspection report which forms an integral part of this Agreement, describing the vehicle’s state of repair and indicating any existing defects and/or damage, being validated by both through their respective signatures.
3. RENTAL PRICE
1. For the rental of the vehicle, the LESSEE undertakes to pay the LESSOR the total price resulting from the applicable daily/weekly/monthly rate and the contracted complementary services, as specified in the Particular Conditions, as well as the amounts resulting from fees and other values whose payment and calculation obligation occur at the end of the Agreement.
2. To the amount provided for in the previous paragraph shall be added:
a) The amount delivered as a security deposit, as stated in the particular conditions, to guarantee the fulfillment of obligations arising from this Agreement;
b) The amount stated in the particular conditions for the vehicle refueling service, and the value of the missing fuel, calculated according to the maximum price per liter in force on the date of return;
c) The amount due for the contracting of complementary insurance coverage under the terms of clause 8;
d) The amount due to the LESSOR for providing the electronic toll payment method indicated in the particular conditions, which may not exceed €2.18 (two euros and eighteen cents) per rental day, up to a maximum of €21.77 (twenty-one euros and seventy-seven cents) per rental, plus the value of the tolls due;
e) The amount stated in the particular conditions to be charged as administrative expenses for the fulfillment of the LESSOR’s duty to identify the LESSEE, as a consequence of the practice of traffic rule violations or other legal provisions;
f) The amount stated in the particular conditions in the event that the driver is under 23 years of age.
g) The amount stated in the particular conditions for each additional driver, who must be duly identified in the agreement;
h) The amount stated in the particular conditions due for the contracted additional equipment: baby seats, GPS.
i) The amount stated in the particular conditions for one-way rental, under the terms of clause 10;
j) The amount stated in the particular conditions as a location supplement, if applicable;
k) The amount stated in the particular conditions due for delivery and/or collection outside the LESSOR’s premises;
n) The amount stated in the particular conditions due for the delivery of the vehicle after hours;
4. RETURN OF THE VEHICLE
1. The LESSEE undertakes to return the vehicle on the day, location, and time indicated in the Particular Conditions, with the respective accessories, documents, and in the conditions of use and cleanliness in which it was delivered.
2. Returning the vehicle in violation of paragraph 1 of Clause 2 implies additional costs, according to the price list in force or a change in the rental price.
3. In the event of early return of the vehicle, the LESSOR is not obliged to refund the LESSEE the remaining value of the rental.
4. The LESSOR is not responsible to the LESSEE, or to any passenger, for the loss of or damage to objects left in the vehicle, either during the rental period or after it.
5. At the time of the vehicle’s return, the LESSOR and the LESSEE shall jointly proceed with its inspection to verify the existence of any new defects and/or damage which, if existing, are marked in the corresponding field of the inspection report that forms an integral part of this Agreement, which is validated by both through their respective signatures.
6. The LESSEE’s refusal to sign as provided for in the previous paragraph does not exempt them from liability for damages caused during the rental period.
5. FUEL POLICY
1. The vehicle must be returned with the same fuel level as it was delivered, which was marked in the agreement and in the “check-out/check-in” verification report.
6. OBLIGATIONS OF THE LESSOR
The LESSOR’s obligations are:
a) To make the terms and conditions of the rental available to the LESSEE before the signing of the Agreement, namely the general and particular conditions, and to provide the requested clarifications necessary for their full understanding;
b) To inform the LESSEE in advance of the activation of the security deposit for damage to the vehicle, the proof, and the value of the damage;
c) To ensure the free provision of an assistance service to the LESSEE, available 24 hours a day, for the communication of anomalous situations that occur during the execution of this agreement;
d) To ensure the provision of an equivalent service or the availability of a higher-range vehicle in the event of unavailability of the previously contracted or reserved vehicle, or breakdown, without any additional cost to the LESSEE.
7. OBLIGATIONS OF THE LESSEE
1. The LESSEE’s obligations are:
a) To pay, as soon as requested by the LESSOR, all amounts arising from the conclusion of this Agreement;
b) To ensure that the vehicle is properly locked when not in use;
c) To ensure that the vehicle is refueled with the appropriate fuel or charging;
d) Not to smoke inside the vehicle;
e) To contact the LESSOR in case of vehicle breakdown and obtain their prior agreement for the purposes of repairs.
2. The LESSEE undertakes not to use or allow the use of the vehicle:
a) To transport passengers or goods in violation of the law;
b) For sporting events or training, whether official or not;
c) By any person under the influence of alcohol, drugs, or any other substance that, directly or indirectly, reduces their perception and reaction capacity;
d) By drivers not identified in the Particular Conditions of this Agreement;
e) Outside the national territory, without express authorization from the LESSOR for that purpose.
8. COMPULSORY INSURANCE AND COMPLEMENTARY INSURANCE
1. Compulsory insurance only ensures the payment of compensation for bodily injury and material damage caused to third parties.
2. The LESSEE is responsible for the payment of damage to the vehicle and/or the equipment or devices installed therein that are attributable to them, up to the limit of the deductible indicated in the Particular Conditions, without prejudice to the full responsibility of the LESSEE for damage caused by intent, negligence, or that is not guaranteed by insurance coverage.
3. The rental agreement includes Collision Damage Waiver (CDW) or Loss Damage Waiver (LDW), which reduces the LESSEE’s liability up to the limit of the deductible stated in the Particular Conditions, for damage caused to the vehicle resulting from a traffic accident (impact, collision, and overturning), with the exception of damage to the vehicle’s windows and tires and those caused by acts of vandalism.
4. With a view to reducing the deductible referred to in paragraphs 2 and 3, the LESSEE may contract the following insurance coverages and/or additional protection services, valid during the period indicated in Clause 2:
a) SCDW – Super Collision Damage Waiver:
Optional service provided by the LESSOR that eliminates the LESSEE’s liability for damage caused to the vehicle resulting from a traffic accident (impact, collision, and overturning), with the exception of damage to windows, under-engine hits, and vehicle tires, and those caused by acts of vandalism, intent, and/or negligence;
b) TP – Theft Protection:
Optional service provided by the LESSOR that reduces the LESSEE’s liability up to the limit of the deductible stated in the Particular Conditions, for damage caused to the vehicle resulting from theft/robbery of the vehicle, with the exception of damage to the vehicle’s windows and tires, intent, and/or negligence;
c) PAI – Personal Accident Insurance:
Insurance intended to cover health expenses for the driver and other passengers of the vehicle in case of illness or hospitalization, up to €1,500 (one thousand five hundred euros), and in case of death or disability, up to €15,000 (fifteen thousand euros), caused by a traffic accident during the term of this rental Agreement.
9. MILEAGE LIMIT
The LESSEE is subject to a mileage limit per rental, indicated in the Particular Conditions, and if this limit is exceeded, an amount will be due for each additional kilometer, under the terms of subparagraph j) of paragraph 2 of clause 3.
10. ONE-WAY RENTAL
1. Subject to the availability of the LESSOR’s rental stations, the LESSEE may return the vehicle to a station other than the one where it was picked up.
2. If this return method is chosen at the time of concluding the rental agreement, the value will already be included in the rental price, as described in subparagraph k) of paragraph 2 of clause 3 and the particular conditions.
3. If the LESSEE chooses, after the conclusion of the agreement, to return the vehicle to another station besides the one where it was picked up, they must confirm the availability of the station directly with the LESSOR prior to the return, and an additional fee will be charged at the time of return, as provided for in subparagraph k) of paragraph 2 of clause 3.
11. AUTHORIZED DRIVERS
1. Only the driver identified in the rental agreement, or drivers duly authorized by the LESSOR, may drive the vehicle.
2. For each additional driver of the vehicle, an additional amount is due, as described in subparagraph h) of paragraph 2 of clause 3 of the general conditions and in the particular rental conditions.
3. If the vehicle is driven by a driver not identified in the agreement and, as such, not duly authorized by the LESSOR, the LESSEE will be held responsible for any and all damage caused to the vehicle by said driver.
12. LOCATION SUPPLEMENT
If the vehicle pick-up station is located in city centers, airports, or railway stations, an additional station service supplement fee will be charged, according to subparagraph l) of paragraph 2 of clause 3.
13. AFTER-HOURS VEHICLE RETURN
1. By agreement between the LESSOR and the LESSEE, the vehicle may be returned outside the normal business hours of the rental station.
2. If the LESSEE chooses this method of vehicle return, their responsibility for the vehicle (as well as for any contracted additional equipment) remains until the station’s opening time or until the LESSOR inspects the vehicle, whichever occurs first.
3. If the LESSEE chooses this method of vehicle return, they undertake to:
a) Leave any additional equipment in the vehicle’s trunk;
b) Leave the vehicle parked safely in the location indicated by the LESSOR, or, if this is not possible, in the location closest to the return station;
c) Leave the vehicle key in the LESSOR’s mailboxes and inform them of the exact location of the vehicle.
14. ACCIDENTS OR CHANGES TO THE VEHICLE’S CONDITION
1. The LESSEE undertakes, in the event of an accident and/or change to the condition in which the vehicle was delivered, to adopt the following procedures:
a) Report to the LESSOR and request the presence of police authorities in any and all accidents, theft, robbery, fire, damage caused by animals, or any other claims, within a maximum period of 48 hours, except in duly justified cases of force majeure;
b) Obtain the names and addresses of the people involved in the traffic accident and any witnesses, except in duly justified cases of force majeure;
c) Not to abandon the vehicle without taking appropriate measures to protect and safeguard it, except in duly justified cases of force majeure;
d) Provide the LESSOR with the elements available regarding the occurrence, including the report prepared by the intervening police authorities.
2. Only the LESSEE and/or drivers authorized by the LESSOR may benefit from the optional coverages indicated in paragraph 4 of Clause 8.
3. The coverage described in subparagraphs a), b), and c) of paragraph 4 of Clause 8 is not effective in case of an accident due to:
a) Speeding;
b) Driving under the influence of alcohol or narcotic products;
c) Improper use of the vehicle, namely in locations and for purposes other than those for which it is intended, such as driving on unpaved roads and paths, forest paths, and on beaches;
d) Use in sporting events or training, whether official or not;
e) Transport of goods above the limit provided for in the technical specifications and/or in the Single Automobile Document.
4. Failure to comply with this clause or the subparagraphs provided for in paragraph 2 of Clause 7 makes the LESSEE responsible for all expenses for the repair of the vehicle and for compensation corresponding to the time of its immobilization.
15. TOLL SERVICE
1. The LESSEE automatically adheres to the electronic toll payment service, under the terms of the legislation in force, which allows, through the use of an identifier, owned by the LESSOR or rented by it, to determine the value of the toll fee with a view to its collection within the scope of electronic toll services provided on road infrastructures duly equipped for that purpose, the LESSEE being solely responsible for the full payment of the value corresponding to the use of the same during the term of this Agreement, as well as the value due to the LESSOR for providing the toll service, corresponding to the administrative costs incurred with the service.
2. For payment purposes, the LESSEE must provide a valid credit card, ensuring that the corresponding bank account has a sufficient balance to meet the payments due for debits that may occur at a time subsequent to the detection of use of the road infrastructures mentioned in the previous paragraph, including debits that may occur after the end of the Agreement, provided that the use of the road infrastructures that gave rise to such debits occurred during its term.
16. COMPENSATION FOR DAMAGES
1. The LESSOR and the LESSEE must, upon pick-up of the vehicle, jointly carry out an inspection in order to determine the state of the vehicle at that time, and any existing damage must be marked, under the terms of Clause 2.3.
2. The LESSEE accepts the vehicle in the state it is in after that inspection, excluding defects/damage that it was not possible to detect at the time of the inspection.
3. Upon return of the vehicle, it will be subject to an inspection by the LESSOR and the LESSEE in order to ascertain the existence of damage not existing in the vehicle at the time of its pick-up.
4. If the LESSEE is not present at the time of verification of the damage, the LESSOR must fill out a report stating the existence or non-existence of damage to the vehicle, which must be sent to the LESSEE, within a reasonable period, so that they become aware of it.
5. In the event that the vehicle is not returned in the same conditions in which it was delivered, the LESSEE may have to bear the value of the damage up to the limit of the deductible, in accordance with the provisions of Clause 8, and whose value is provided for in the particular conditions at the time of concluding the agreement, in the following terms:
a. The LESSOR will send the LESSEE, within a reasonable period, a written communication with the description of the damage and respective proof, presenting, for that purpose, a repair estimate;
b. If the LESSEE does not agree with their responsibility for the damage or with the values presented in the estimate sent, they may contest it with the LESSOR, attaching for that purpose the means of proof they consider relevant, within 15 days.
c. The amount provided as a security deposit will be held on the payment card used for its provision until a decision is rendered, under the terms of paragraph 1 and/or 2 of Clause 18.
17. CONTRACTUAL BREACH
The LESSOR may terminate the Agreement if the vehicle is used in violation thereof, and the immediate return of the vehicle by the LESSEE is mandatory, at the location indicated to them, under penalty of it being withdrawn from them, under the terms of the law, at their expense.
18. COMPETENT JURISDICTION AND ALTERNATIVE DISPUTE RESOLUTION
1. Unless there is a mandatory legal provision regarding territorial jurisdiction, the parties agree among themselves to establish the jurisdiction of the District of Faro as competent to settle any disputes arising from the execution of this Agreement.
2. In the event of a consumer dispute, defined under the terms of the provisions of Law no. 144/2015, of September 8, the LESSEE may resort to an Arbitration Center. The LESSOR is bound, by adhesion, to the following Alternative Dispute Resolution (ADR) entity:
CIMAAL – Algarve Consumer Conflict Information, Mediation and Arbitration Center Email: info@consumoalgarve.pt
3. Without prejudice to the provisions of the previous paragraph, the LESSEE may submit their Complaint to the LESSOR, in the physical Complaints Book, available at the latter’s premises, or through its electronic format, available at https://www.livroreclamacoes.pt/inicio.
19. PERSONAL DATA
1. The LESSEE expressly authorizes the LESSOR to proceed with the computer processing of personal data essential for the execution of this Agreement and indicated in the Particular Conditions and/or Privacy Policy.
2. The LESSOR, under the terms of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and Law no. 58/2019 of 8 August, which ensures the execution, in the national legal order, of Regulation (EU) 2016/679 of the Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, informs the following:
a) The entity responsible for processing the personal data provided under the agreement is the LESSOR, with headquarters at Rua Diogo Cão, S/N, 8900-440 Monte Gordo
b) The processing of personal data has the exclusive purpose of concluding and executing this agreement, with the fulfillment of legal obligations by the LESSOR;
c) The processing of personal data for the purpose of receiving personalized marketing communications from the LESSOR.
d) Personal data may be transmitted to third parties for the purpose of ensuring compliance with any legal obligations to which the LESSOR is subject, namely to judicial authorities, criminal police bodies, tax and customs authorities, and regulatory entities, specifically the Mobility and Transport Authority;
3. The LESSOR will keep the personal data processed for the period necessary for the provision of services, respective billing, and full compliance with the agreement.
4. At any time, the LESSEE has the right to access the personal data concerning them, as well as, within the limits of the agreement and the GDPR, to change them, object to or limit their processing, decide on the automated processing thereof, withdraw consent, request the erasure of data, and exercise other rights provided for in the legislation in force, with the exception of data that are essential for the execution of the agreement, and as such, are of mandatory provision, or essential for the fulfillment of legal obligations to which the LESSOR is subject.
5. If the data subject withdraws their consent, this does not compromise the lawfulness of the processing carried out up to that date.
6. The LESSEE will be notified, under the terms provided for in the GDPR, if a violation of their personal data occurs that is likely to imply a high risk to rights and freedoms.
7. The LESSEE may submit complaints to the National Data Protection Commission (CNPD)