CONDITIONS
This passenger vehicle rental contract without a driver (“Contract”), pursuant to Decree-Law No. 181/2012, of August 6th, as amended, is governed by these General Conditions, the Particular Conditions described above, and their respective annexes, which are an integral part of the contract.
1. OBJECT
Epi – Aluguer de Automóveis Sem Condutor Lda (“LESSOR”) rents to the customer (“LESSEE”) identified in the Particular Conditions the automobile vehicle described therein and in the stated condition, upon payment of the total rental price calculated in accordance with clause 3 and the particular conditions.
2. DURATION OF THE RENTAL
1. The rental begins and ends on the date, time, and location specified in the Particular Conditions for vehicle pickup and return, respectively.
2. If the LESSEE wishes to extend the rental period, the LESSEE is required to contact the LESSOR in advance to enter into a new contract or renew the current one, subject to approval by the LESSOR.
3. The vehicle pickup is preceded by a joint inspection by the LESSEE and the LESSOR, and based on this, an inspection report is created, which is an integral part of this Contract. The vehicle’s condition is described in this report, and any existing defects and/or damages are noted, validated by both parties through their signatures.
3. RENTAL PRICE
1. For the rental of the vehicle, the LESSEE is obligated to pay the LESSOR the total price resulting from the applicable daily/weekly/monthly rate and any additional services contracted, as detailed in the Particular Conditions, as well as amounts resulting from taxes and other values due at the end of the Contract.
2. To the amount mentioned in the previous paragraph, the following amounts will be added:
a) The deposit amount, as stated in the particular conditions, to guarantee compliance with obligations arising from this Contract;
b) The amount specified in the particular conditions for the vehicle refueling service, and the value of missing fuel, calculated according to the maximum price per liter in effect on the date of return;
c) The amount due for the hiring of additional insurance coverage as described in clause 8;
d) The amount due to the LESSOR for the provision of the electronic toll payment system indicated in the particular conditions, which cannot 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 toll fees due;
e) The amount stated in the particular conditions to be charged for administrative expenses related to the LESSOR’s duty to identify the LESSEE, due to violations of traffic rules or other legal provisions;
f) The amount stated in the particular conditions if the driver is under 23 years of age;
g) The amount stated in the particular conditions for each additional driver, who must be properly identified in the contract;
h) The amount stated in the particular conditions for additional equipment rented: baby seats, GPS;
i) The amount stated in the particular conditions for one-way rental, as per clause 10;
j) The amount stated in the particular conditions for location supplement, if applicable;
k) The amount stated in the particular conditions for the delivery and/or pickup outside the LESSOR’s premises;
n) The amount stated in the particular conditions for the delivery of the vehicle outside business hours;
4. VEHICLE RETURN
1. The LESSEE is required to return the vehicle on the day, at the location, and at the time specified in the Particular Conditions, with its respective accessories, documents, and in the condition of use and cleanliness in which it was delivered.
2. Returning the vehicle in violation of paragraph 1 of Clause 2 entails additional costs, in accordance with the price list in effect or the rental price modification.
3. In the event of early vehicle return, the LESSOR is not obligated to refund the LESSEE the remaining rental amount.
4. The LESSOR is not responsible to the LESSEE, or any passenger, for the loss or damage of objects left in the vehicle, whether during the rental period or after it.
5. At the time of vehicle return, the LESSOR and the LESSEE will jointly inspect the vehicle for any new defects and/or damages, which, if found, will be noted in the corresponding section of the inspection report that is part of this Contract, validated by both through their respective signatures.
6. The LESSEE’s refusal to sign as described in the previous paragraph does not exempt the LESSEE from responsibility for damages incurred during the rental period.
5. FUEL POLICY
1. The vehicle must be returned with the same fuel level it was delivered with, as indicated in the contract and the “check-out/check-in” inspection report.
6. LESSOR’S OBLIGATIONS
It is the LESSOR’s responsibility to:
a) Provide the LESSEE with the rental terms and conditions before the signing of the Contract, including these general and particular conditions, and to provide any necessary clarification for complete understanding;
b) Inform the LESSEE in advance of the activation of the deposit for vehicle damage, along with proof and the amount of the damage;
c) Provide, free of charge, a 24-hour assistance service to the LESSEE, for reporting any anomalies that may occur during the execution of this contract;
d) Ensure the provision of an equivalent service or provide a higher class vehicle in case of unavailability of the vehicle previously contracted or reserved, or breakdown, at no additional cost to the LESSEE.
7. LESSEE’S OBLIGATIONS
1. The LESSEE is obligated to:
a) Pay, as soon as requested by the LESSOR, all amounts arising from the execution of this Contract;
b) Ensure that the vehicle is properly locked when not in use;
c) Ensure that the vehicle is refueled with the appropriate fuel or charge;
d) Not smoke inside the vehicle;
e) Contact the LESSOR in the event of vehicle breakdown and obtain prior approval for repairs.
2. The LESSEE agrees not to use or allow the vehicle to be used:
a) For transporting passengers or goods in violation of the law;
b) For sporting events or training, whether official or not;
c) By anyone under the influence of alcohol, drugs, or any other substance that directly or indirectly reduces their perception and reaction capability;
d) By drivers not identified in the Particular Conditions of this Contract;
e) Outside the national territory, without the express authorization of the LESSOR.
8. MANDATORY INSURANCE AND ADDITIONAL INSURANCES
1. The mandatory insurance only covers compensation for bodily and property damages caused to third parties.
2. The LESSEE is responsible for paying for damages to the vehicle and/or equipment or devices installed in it, up to the deductible limit indicated in the Particular Conditions, without prejudice to the LESSEE’s full responsibility for damages caused by willful misconduct, negligence, or those not covered by insurance.
3. The rental agreement includes Collision Damage Waiver (“CDW”) or Loss Damage Waiver (“LDW”), which reduces the LESSEE’s responsibility to the deductible limit specified in the Particular Conditions, for damages caused to the vehicle resulting from a road accident (collision, crash, and rollover), excluding damages to the vehicle’s glass and tires and damages caused by vandalism.
4. In order to reduce the deductible mentioned in paragraphs 2 and 3, the LESSEE may contract the following additional insurance and/or protection services, valid during the period indicated in Clause 2.:
a) SCDW – Super Collision Damage Waiver:
An optional service provided by the LESSOR that eliminates the LESSEE’s responsibility for damages caused to the vehicle resulting from a road accident (collision, crash, and rollover), excluding damage to the vehicle’s glass, undercarriage, and tires, and damages resulting from vandalism, willful misconduct, and/or negligence;
b) TP – Theft Protection:
An optional service provided by the LESSOR that reduces the LESSEE’s responsibility to the deductible limit specified in the Particular Conditions, for damages to the vehicle resulting from theft, with the exclusion of damages to the vehicle’s glass and tires, willful misconduct, 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 €1500 (one thousand five hundred euros), and in case of death or disability, up to €15,000 (fifteen thousand euros), caused by a road 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 additional charge for each extra kilometer will be applied, as per item j) of paragraph 2 of clause 3.
10. ONE-WAY RENTAL
1. Subject to availability at the LESSOR’s rental stations, the LESSEE may return the vehicle at a station different from where it was picked up.
2. If the LESSEE opts for this return method when entering into the rental agreement, the price will already be included in the rental price, as detailed in item k) of paragraph 2 of clause 3 and the Particular Conditions.
3. If the LESSEE later decides to return the vehicle at a station other than where it was picked up, the LESSEE must confirm the station’s availability directly with the LESSOR prior to the return and will be charged an additional fee, at the time of return, as stated in item k) of paragraph 2 of clause 3.
11. AUTHORIZED DRIVERS
1. Only the driver identified in the rental contract, or drivers authorized by the LESSOR, may drive the vehicle.
2. For each additional driver, an additional fee is due, as outlined in item h) of paragraph 2 of clause 3 of the general conditions and the rental conditions.
3. If the vehicle is driven by a driver not identified in the contract and thus not authorized by the LESSOR, the LESSEE is fully responsible for any damages, charges, fines, or penalties, including the applicable insurance deductibles, related to the vehicle’s use.
12. LOCATION SUPPLEMENT
If the vehicle pickup station is located in city centers, airports, or railway stations, an additional service charge for the station location will be applied, as stated in paragraph l) of item 2 of Clause 3.
13. VEHICLE RETURN OUTSIDE BUSINESS HOURS
1. By agreement between the LESSOR and the LESSEE, the vehicle may be returned outside the regular operating hours of the rental station.
2. If the LESSEE chooses this option for returning the vehicle, their responsibility for the vehicle (as well as for any additional equipment rented) remains until the station opens or until the LESSOR inspects the vehicle, whichever comes first.
3. If the LESSEE opts for this method of return, they must:
a) Leave any additional equipment in the vehicle’s trunk;
b) Park the vehicle securely in the location indicated by the LESSOR or, if not possible, in the nearest location to the return station;
c) Leave the vehicle key in the LESSOR’s mailbox and inform them of the exact location of the vehicle.
14. ACCIDENTS OR DAMAGE TO THE VEHICLE
1. In case of an accident and/or any change in the condition of the vehicle, the LESSEE is required to follow these procedures:
a) Notify the LESSOR and request the presence of the police authorities in the event of any accident, theft, robbery, fire, animal damage, or any other incidents within 48 hours, except in cases of force majeure that are properly justified;
b) Obtain the names and addresses of those involved in the accident and any witnesses, except in cases of force majeure that are properly justified;
c) Do not abandon the vehicle without taking appropriate measures to protect and safeguard it, except in cases of force majeure that are properly justified;
d) Provide the LESSOR with any information related to the incident, including the police report filed by the authorities involved.
2. Only the LESSEE and/or drivers authorized by the LESSOR can benefit from the optional coverage mentioned in item 4 of Clause 8.
3. The coverage described in paragraphs a), b), and c) of item 4 of Clause 8 does not apply in case of accidents caused by:
a) Speeding;
b) Driving under the influence of alcohol or drugs;
c) Improper use of the vehicle, specifically on unpaved roads, forest paths, or beaches;
d) Use in sports events or training, whether official or not;
e) Transporting goods above the limits specified in the technical specifications and/or the Vehicle Registration Document.
4. Failure to comply with this clause or the items in paragraph 2 of Clause 7 makes the LESSEE responsible for the full cost of vehicle repairs and compensation for the downtime.
15. TOLL SERVICE
1. The LESSEE automatically subscribes to the electronic toll payment service, according to applicable law, which uses an identifier owned or rented by the LESSOR to determine the toll fee for collection via electronic toll systems on roads equipped for this purpose. The LESSEE is solely responsible for the full payment of the toll fees during the rental period, as well as the fee due to the LESSOR for providing the toll service, covering administrative costs incurred by the service.
2. For payment purposes, the LESSEE must provide a valid credit card and ensure there are sufficient funds in the corresponding bank account to cover any toll fees that may arise after the detection of toll road usage, including fees that may occur after the contract ends, as long as the use of the toll roads that generated the charges occurred during the rental period.
16. DAMAGE REIMBURSEMENT
1. The LESSOR and LESSEE must jointly inspect the vehicle upon pickup to determine its condition at that moment, noting any existing damages as per Clause 2.3.
2. The LESSEE accepts the vehicle in the condition it is found after the inspection, excluding defects/damages that were not detectable at the time of inspection.
3. Upon vehicle return, it will be inspected by both the LESSOR and LESSEE to check for damages not present at the time of pickup.
4. If the LESSEE is not present at the time of the damage inspection, the LESSOR will fill out a report detailing the existence or absence of damages, which must be sent to the LESSEE within a reasonable period so they can be informed.
5. In the event the vehicle is not returned in the same condition as when it was delivered, the LESSEE may be required to cover the cost of damages up to the deductible limit, as specified in Clause 8 and indicated in the specific terms at the time of contract signing, as follows:
a. The LESSOR will send the LESSEE, within a reasonable period, written communication describing the damages and providing proof, including a repair estimate;
b. If the LESSEE disagrees with their responsibility for the damages or the amounts in the estimate, they can contest it with the LESSOR, providing evidence they deem 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 made, as per items 1 and/or 2 of Clause 18.
17. CONTRACT BREACH
The LESSOR may terminate the contract if the vehicle is used in violation of its terms, and the LESSEE must immediately return the vehicle to the location indicated by the LESSOR, under penalty of having it removed at their expense, as per the law.
18. COMPETENT COURT AND ALTERNATIVE DISPUTE RESOLUTION
1. Unless otherwise mandated by law regarding territorial jurisdiction, the parties agree that the competent court for resolving any disputes arising from the execution of this contract will be the court of the district of Faro.
2. In case of a consumer dispute, as defined by Law No. 144/2015, dated September 8, the LESSEE can resort to an Arbitration Center. The LESSOR is bound by adhesion to the following Alternative Dispute Resolution entity (RAL):
CIMAAL – Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve Email: info@consumoalgarve.pt
3. Without prejudice to the preceding paragraph, the LESSEE may submit their Complaint to the LESSOR in the physical Complaints Book, available at the LESSOR’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 process the personal data necessary for the execution of this contract, as indicated in the Specific Terms and/or Privacy Policy.
2. In compliance with Regulation (EU) 2016/679, of the European Parliament and Council, dated April 27, 2016 (GDPR) and Law No. 58/2019, dated August 8, which ensures the implementation of Regulation (EU) 2016/679 in national law, the LESSOR informs the following:
a) The entity responsible for processing personal data provided under the contract is the LESSOR, with headquarters at Rua Diogo Cão, S/N, 8900-440 Monte Gordo
b) The purpose of personal data processing is the exclusive execution of this contract and compliance with legal obligations by the LESSOR;
c) The processing of personal data for sending marketing communications from the LESSOR.
d) Personal data may be transferred to third parties to ensure compliance with any legal obligations to which the LESSOR is subject, including judicial authorities, criminal police bodies, tax and customs authorities, and regulatory entities such as the Mobility and Transport Authority;
3. The LESSOR will retain the processed personal data for as long as necessary to provide the services, including billing and complete contract fulfillment.
4. At any time, the LESSEE has the right to access their personal data, as well as to modify, oppose, or limit its processing, decide on its automated processing, withdraw consent, request the deletion of data, and exercise other rights under applicable law, except for data that is necessary for contract execution and thus must be provided, or necessary for the compliance with legal obligations to which the LESSOR is subject.
5. If the data subject withdraws consent, this will not affect the legality of the processing done until that date.
6. The LESSEE will be notified, in accordance with GDPR provisions, if a breach of their personal data occurs that may result in a high risk to their rights and freedoms.
7. The LESSEE can file complaints with the National Data Protection