Terms and conditions
The rental agreement concluded between CONFIAUTO and INDÚSTRIA COMERCIO AUTOMÓVEIS S.A. hereinafter referred to as the lessor and the client(s)/driver(s) is governed by the following general clauses, without prejudice to any derogation or amendment made in writing.
1.Delivery and return of the vehicle:
1.1. The customer declares to have received the vehicle in good conditions of use, circulation and cleanliness and without apparent defects, under the terms of the Joint Check called “check out” that is an integral part of the contract, with the respective equipment, accessories and documents
and that it is his obligation to return it in the same condition in which he received it, with the simultaneous return of all equipment, accessories and documents.
1.2. The customer must deliver the vehicle and all equipment, accessories and documents on the date of termination or termination of the contract, at the premises of the rental company, during office hours and the employee of the rental company duly identified.
1.3. The return of the vehicle is only considered to be effectively carried out if the above terms are met and after the verification of the condition of the same by the lessor.
1.4. If the vehicle is not returned on the agreed date, the customer undertakes to pay the lessor as
a penalty clause, for each full day or fraction, the amount corresponding to three times the daily rate for the rented vehicle, without prejudice to the activation by the lessor of the appropriate procedures for the recovery of the vehicle and the compensation of the damages suffered.
2. Conditions of Use:
2.1. The customer undertakes to make normal and prudent use of the vehicle, complying with the law, in particular the Highway Code, ensuring that the vehicle is closed in a safe place when not in use, not leaving the documents relating to it, without prejudice to always having them with you during their use, and putting the appropriate fuel.
2.2. The customer may not make any modifications or alterations to the vehicle, nor inst accessories or place advertising or commercial mentions on it, without prior written authorization from the rental company.
2.3. Without prejudice to civil liability, the customer, under penalty of exclusion from insurance coverage, undertakes not to use or not to allow the use of the vehicle in the following situations:
a) driven by a person who is not identified and authorized in the contract or who, even if he is, does not meet the minimum requirements regarding the age and validity of the driving license.
b) to carry out public transport of passengers or goods or other in exchange for any compensation or remuneration;
c) for the use of the vehicle in sporting events or training, whether these are official or not;
D) for transportation of goods or animals in violation of the law;
(e) to push or pull any vehicle or trailer;
F) by any person under the influence of alcohol, narcotics, narcotic drugs or any other substance that directly or indirectly reduces their ability to react;
g) for the transport of passengers or goods in violation of the characteristics of the vehi contained in the single automobile Document/Registration Certificate.
2.4. It is forbidden to the customer with respect to the vehicle, its documents, tools, parts and components, to perform the following acts: sublet, lend, assign, sell, encumber or in any way give
in Guarantee, transform, modify or place advertising or commercial mentions;
2.5. The maximum duration of the rental contract is 30 days, including any extensions subject to mileage limit in the terms of the particular conditions.
2.6. The customer can only use the vehicle outside the Portuguese mainland, upon payment of the additional insurance activation fee (€120)and in countries covered by the International Green Card certificate, after written authorization from the lessor, which may require the provision additional Guarantee up to the limit of the commercial value of the vehicle; the customer must request authorization at least 48 hours in advance, assuming that the departure of the vehicle is not authorized in case of silence from the lessor. Failure to leave the country has a cost of€2./5
km and responsibility for all damages, fines or claims that may occur.
2.7. The contract will be considered automatically terminated if the vehicle is used in conditions that constitute a violation of it, and the lessor has the right to recover the vehicle, at any time and in any way, without prior notice, and the respective charges are exclusively the responsibility of the customer, without prejudice to the compensation to which legally or contractually the lessor or third parties, if applicable.
3. Customer responsibilities and charges:
3.1. In addition to the other conditions, there are also obligations of the client:
a) proceed to the payment of the car rental according to the rates in force, the applicable taxes and
fees and the additional costs according to the options described in the contract that may be subscribed by the client.
b) bear the cost related to the refueling service of the vehicle if it is returned with a fuel deficit in relation to what will be itemized in the “check out”document.
c) bear the costs of repairing or replacing equipment and accessories in case of los misplacement by the customer.
d) bear the costs of issuing duplicate documents or keys in case of loss or misplacement by the customer.
e) bear the costs if extraordinary cleaning of the vehicle is necessary.
e) pay fines, fines and other penalties that the courts and administrative authorities establish, following administrative and criminal proceedings for violations of the Highway Code, tolls, parking fees, and all other costs inherent in the use of the vehicle during the rental period, plus th administrative cost for identification with the competent authorities which is set at the amount of €30.00.
g) bear the cost of repairing the damage to which it has caused; in case of theft or theft, fully compensate the Lessor for the commercial value of the vehicle, at the time of occurrence, plus the administrative expenses arising from the process, any interest on late payment and other possible charges; compensate the losses arising from the immobilization of the vehicle to which it has caused, as well as towing and collection expenses of the vehicle plus the administrative expenses arising from the process.
3.2. The client is also responsible for paying all judicial and extrajudicial expenses incurred by the lessor to obtain compliance with the provisions of the contract, namely for the collection o amounts that are due under the legally contracted terms.
3.3. The client, to guarantee compliance with the obligations arising from the rental agreement, will provide a deposit for the amount referred to in the particular conditions, which will be refunded as soon as the vehicle is returned and all amounts due are settled. If there are amounts in debt, the lessor will apply the amount of the deposit, totally or partially, in the payment thereof, without prejudice to claiming the amount still in debt in court.
3.4. Said deposit can be provided by blocking the credit card or in any other modality that the lessor considers valid and viable. The credit card details are provided by the customer or guarantor to the rental company.
3.5. The rental company will not refund the deposit provided by the customer until the possibility of verification of the returned vehicle (physical check-in of the vehicle) that served as the object of the rental agreement whenever one or more of the following situations occurs:
a) adverse weather conditions (rain, snow, storm, wind, etc.);
B) vehicle in poor condition for evaluation purposes, in particular at the level of Interior, Lower, Upper and exterior dirt;
C) damaged and/or damaged vehicle that impedes impartiality, rigor and accuracy in assessment of any damage;
d) when the customer puts pressure on the employee to carry out a superficial, rapid and less careful assessment, calling into question the professionalism and rigor in the respe verification of the vehicle.
3.6. The customer expressly authorizes the rental company to fill in and debit the credit card the amounts due;
3.7. The lessor, despite the provisions of the preceding paragraph, may also require the client to present one or more guarantors/guarantors for the rental agreement to be concluded.
3.8. The guarantor(s) subscriber(s) of the rental agreement, identified(s) in the particular conditions
of the rental agreement or in a document attached thereto, forming an integral part thereof, assumes the obligation of principal payer(s), guarantees and responds jointly and severally for all obligations arising from the contract and abdicates, from now on, the benefit of the exemption provided for in Article 639. C. Civil.
4. Insurance:
The customer for the conclusion of the contract enjoys the Civil Liability Insurance (RC) in the amount of€ 50,000,000.00,the respective travel assistance (AV) and the Collision Damage Waiver (CDW) at the daily rate. The Collision Damage Waiver (CDW) requires the provision of a security deposit to guarantee, in part or in whole, any damages of the customer’s responsibility that the car may suffer during the rental period. The minimum deductible is variable depending on the type of vehicle and/or vehicle group, as set out in the particular conditions of the contract. This option does not include the franchise of isolated glass breakage with a cost of€184.50.
4.2. The client may also contract the following insurance / coverage:
a) Basic Collision Damage Waiver (BCDW) which covers all damages caused to the vehicle, the customer being subject to the payment of a reduced minimum deductible, variable depending on the type of vehicle and/or car group, set out in the particular conditions of the rental agreement. This option does not include the franchise of isolated glass breakage with a cost of 184.50€;
b) Intermediate Collision Damage Waiver (ICDW) which covers all damages caused to the vehicle, the customer being subject to the payment of a reduced minimum deductible, variable depending on the type of vehicle and/or car group, set out in the particular conditions of the r agreement. This option does not include the franchise of isolated glass breakage with a cost of 184.50€;
c) Extra Collision Damage Waiver (ECDW) being the client subject to the payment of a reduced minimum deductible, variable depending on the type of vehicle and/or car group, contained in the particular conditions of the rental agreement. This option contemplates the franchise of isolated breakage of glasses.
d) Theft Waiver (TW) which covers theft and total or partial theft of the vehicle. You must always pay the minimum deductible of the C. D. W. insurance.;
e) Personal Accident Insurance (PAI) that covers personal accidents of the driver and / or occupants of the vehicle, whose maximum amounts ar€e 500.00 for reimbursement of treatment expenses and€ 5,000. 00 in the event of death or disability;
f) isolated glass breakage (QIV) covering isolated glass breakage with an insured capital of €1,000.00. Without prejudice to the customer’s responsibility for the payment of damage caused to the windows, including the windscreen, if negligence or intentional intent on their part is proven. In case the repair / replacement value of the Glass(s) exceeds €1,000. 00, The customer is always responsible for paying the difference and the minimum deductible of the insurance;
4.3. Only customers aged 25 years and over who have a driving licence for more than one year can benefit from this cover. Automobile groups referring to light goods vehicles are complete excluded from this coverage.
4.4. The client undertakes, in the event of an accident, to have the following procedures:
a) immediately report to the police authorities any accident, theft, robbery or any other claims, so that they take care of the occurrence and produce the respective report;
b) attend to the lessor, preferably in person, any accident, theft, robbery or any other claims within a maximum period of 24 hours so that it takes notice and due diligence in order to arrange and protect the interests of both the same and the client;
c) obtain all the names and addresses of the persons involved and witnesses and duly complete the friendly Declaration of Motor Accident (DAAA) for delivery within a maximum of 24 hours to the rental company;
d) not to abandon the vehicle without taking appropriate measures to protect and safeguard it;
e) not to assume any responsibility or plead guilty in the event of an accident, which may imply the direct responsibility of the lessor or indirectly of the client;
F) immediately call the claims hotline Insurance Company identified in the green subsequently providing it, within 24 hours, a detailed written accident report, delivering it to the DAAA, and then provide the accident/occurrence report raised by the law enforcement authorities.
The payment of the latter document to the law enforcement authorities is the sole responsibility of
the client;
4.5. In the event of an accident, the customer is responsible for a deductible, depending on the type of insurance contracted for the damage caused to the vehicle, up to the amount fixed in the particular conditions in force on the date of conclusion of the contract. In the event of theft or theft of the vehicle, the customer is always responsible for a minimum deductible of the CDW insurance.
4.6. The client will not be responsible for all losses or damages caused to the vehicle if he has previously contracted with the rental company the payment of CDW insurance (damage to the vehicle with minimum deductible chargeable, or the payment of BCDW/ ICDW and ECDW insurance (damage to the vehicle with reduction of the minimum deductible chargeable) , being in these cases only responsible for the payment of the mandatory and insurmountable deductible in force at all times and constant in the particular conditions of the rental agreement.
4.7. Only the customer can enjoy the coverage of CDW, BCDW, ICDW, ECDW, TW, PAI, QIV insurance.
4.8. Even in the event that the customer subscribes the CDW insurance, the BCDW insurance, the ICDW insurance or the ECDW insurance, all damages caused by negligent or misuse of the vehicle object of the rental agreement will be his sole responsibility.
4.9. In the case of damage caused by theft or robbery, accidental fire or vandalism, the client is obliged to present the rental company with the complaint/participation of the occurrence to the competent police authorities, under penalty of CDW or TW insurance not producing any effect.
4.10. In the event of an accident due to excessive speed, negligence, driving under the influence of alcohol, narcotic products or consumption of any other product that reduces driving ability, the customer will be responsible for the entire cost of repair and compensation corresponding to the downtime of the injured vehicle.
4.11. The vehicle is only covered by the contracted insurance during the period agreed in the rental agreement, except if there is an automatic renewal or extension of the same under the terms of these general conditions, declining, from now on, the lessor any and all liability for accidents caused or that may be caused by the client beyond the time agreed in the contract, being this the sole and exclusive responsible for them.
5. Greenway Management Service
5.1. The rental company provides the customer with a Via Verde identifier installed on the vehicle’s windshield.
5.2. The customer is responsible for the correct operation and conservation of the Via Verde identifier (property of the rental company or Via Verde), and may not in any case remove said equipment from the place where it is installed, and must notify the rental company of a anomaly. The customer will be responsible in case of damage or loss of the equipment and will be obliged to pay the amount of €35.00
5.3. If the vehicle does not have the Via Verde identifier, the customer undertakes to pay to the competent toll collection entities all(s) and any fee(s) and respective administrative cost(S), which is(m) due for the use of the vehicle during the term of the contract.
5.4. If the equipment presents any technical failure that makes it impossible to read the to Service, the customer, from now on, authorizes the rental company to provide its data to Via Verde to collect the respective toll fees and/or other associated costs, resulting from the use of the vehicle during the term of the contract.
6. Fuel policy:
6.1. The customer can contract the solution “full tank Policy / Full Tank Service”. With this solution, the rental company delivers the car to the customer with a full tank. The customer will have to settle the amount corresponding to the solution presented, through the Automobile Group to which the vehicle object of the rental agreement belongs. The conditions of the solution “full tank Policy / Full Tank Service ” are as follows:
I. Groups: A; B; B+; B1; B2 €90,00 (incl. VAT)
II. Groups: C; C1; CK; D; D+ €90,00 (incl. VAT)
III. Groups E; E1; e-auto €120,00 (incl. VAT)
IV. Groups: K; K1; K2; T1; T2; T3 M1; M2; M3 €145,00 (incl. VAT)
For information on other car groups the customer should contact the commercial services of CONFRENT;
b) the lessee will not have to refuel the vehicle object of the rental agreement before returning it to the lessor, and may return the vehicle object of the rental agreement with the fuel level it has at the time of return;
c) the solution “full tank Policy / Full Tank Service”, includes the fuel necessary to fill the tank for the rented car, the service of the lessor in the supply at the time of delivery for departure (check-out) and refueling at the time of return / delivery (check-in) , and VAT at the legal rate in force;
6.2. There will be no refund to the customer resulting from the fuel that remains in the vehicle at the time of its return, even if it is returned with more fuel than it held when it was delivered at the beginning of the contract.
7. Responsibility of the lessor:
7.1. The lessor, at no time, except if the client has contracted the supplementary insurance of cancellation of reservation under the conditions standardized by the respective service, will refund or return, in whole or in part, amounts charged or settled to the lessee, namely, when there is withdrawal from the contract after pre-reservation or when the return of the vehicle occurs before the date of termination of the contract.
7.2. When for insurmountable and imperative reasons the lessor has to replace the vehicle rented by the client, during the period of validity of the rental agreement, by another, even if of a lower or similar range, there will be no compensation for the client or readjustments of the contracted amount.
7.3. The lessor, at no time and under no circumstances, will refund or refund, in whole or in part, amounts charged or settled to the client and for equipment rented by the latter, such navigation systems (GPS), highchairs or baby seats, longitudinal or transverse roof rails, other electronic or computer equipment, etc.
8. Extension of the lease:
8.1. The contract ends on the day fixed in the particular clauses.
8.2. If the client wishes to extend the rental period, he / she must go to the premises of the rental company at least 24 hours in advance in order to grant a new contract or equivalent written document that provides for the extension.
8.3. As the contract is subject to automatic renewal or extension(s), the failure to pay any of the installments/rents/monthly payments constituted the basis for immediate termination of the contract by the lessor.
8.4. The extension(s) authorized by the lessor implies the change of the maximum limit kilometers during the rental period set out in the particular conditions of the rental agreement, according to the below:
No. total kilometers allowed by the lessor to travel per rental contract (includes any extensions): 1 day = 500 kms , | 2 days = 900 kms (450 kms/Day) | 3 days = 1,200 kms (400 kms/day) from 4 days to 30 days = 4,000 kms.
Value of the extra kilometre for light passenger cars: € 0.20 (VAT included at the legal rate in force). Value of the extra kilometre for light goods vehicles: € 0.30 (VAT included at the legal rate in force);
9. Vehicle maintenance and repair, fuel:
9.1. If you become aware of the existence of any technical problem in the vehicle, the customer must immobilize it immediately and contact the rental company, or if it occurs out of office hours roadside assistance.
9.2. In the event that the vehicle is immobilized due to a breakdown, repairs can only be carried out by the lessee if authorized in writing by the lessor and in accordance with the instructions transmitted by the latter, and the repairs must be included in a detailed invoice indicating the parts replaced.
9.3. The customer must take all necessary protective measures to keep the vehicle in the same condition in which it was delivered to him. In particular, you should carry out regular inspections of
the condition of the vehicle for oil, water and tire pressure. Expenses with oils mus documented in order to allow reimbursement by the lessor.
9.4. In case of introduction of fuel and / or substance of a type different from that used by the vehicle, the customer is responsible for the expenses inherent in the complete replacement of fuel, disassembly and cleaning of the tank, engine tuning and other damage caused to the vehicle.
10. Final Provisions:
10.1. The customer declares to know that the delivered vehicle is equipped with a geolocation device (GPS) or GPRS that can be used in case of contractual breach and/or border crossing.
10.2. The client(s) and guarantor(s) accepts the particular and general conditions of this contract, which have been explained to them in a timely manner, having become aware of their rights and obligations, which they undertake to observe and respect.
10.3. The client is informed that in case of dispute he can resort to the National Center information and Arbitration of Consumer conflicts; Center for information, measurement and Arbitration of Consumer conflicts of Braga; Center for information, mediation and Arbitration of consumption (consumer arbitration court). The lessee is not bound by adhesion or legal imposition arising from necessary arbitration, to any entity for alternative resolution of Consumer Disputes.
For more information on the entities available to promote the out-of-court resolution of national and cross-border disputes under law no. 144/2015 of 08 September, when they are initiated by a consumer against a supplier of goods or service provider and comply with contractual obligations resulting from contracts of sale or provision of services, concluded between an establishe supplier of goods or service provider and consumers residing in Portugal and the EU, consult the consumer Portal (www.consumidor.pt).
10.4. For support related to billing issues or any other questions related to the car rental activity send an email to the email address rentacar@confiauto.pt;
10.5. The parties agree on the addresses indicated in the contract for any contact, in particular, for the purpose of judicial or extrajudicial citations or notifications, being obliged to communicate to the other party any change.
10.6. The contract is made in accordance with the laws of the country in which it is signed, and is governed by them, giving the parties to the handwritten signature affixed digitally or by an biometric, digital or electronic means evidentiary force identical to that of a written document.
10.7. Any and all changes to the terms and conditions of the rental agreement and which have not been agreed in writing are null and void and have no effect.
11. Governing law and venue:
11.1. The contract is drawn up in accordance with Portuguese law and both parties agree to submit to the jurisdiction of the courts of the district of Braga.
Personal data collection, processing and protection policy
– The personal data of the customer(s), guarantor(s) and driver(s) specifically name, identification number, Tax Identification Number, driving license number, address and telephone contact are mandatory as they are strictly necessary for the conclusion of the contract. To guarantee the veracity of the data transmitted, the owner expressly authorizes the rental company to carry out the physical and/or digital reproduction of The Citizen Card, as well as the driving license, as well as
to keep the respective reproductions for the time strictly necessary for the purposes in question.
– The lessor is the entity responsible for the computer processing of personal data provided under the rental agreement and will make all necessary and appropriate efforts to ensure the security of its systems against possible computer attacks, restrict access and ensure the security of systems and other processes of processing personal data (for example digital and paper file). The lessor will keep the personal data for the strictly necessary time, namely, in accordance with legal accounting and tax impositions.
– The data collected in this contract are intended for the processing of the rental of driverless cars and the provision of other goods/services, communication with customers, processing Information requests and any complaints, statistical analysis, as well as their use for dire marketing purposes, to conduct market research and to obtain your feedback on future products, services and/or promotions. In case of breach of the contract, personal data may be transmitted to ARAC for inclusion in the database. In addition to the above data, other information such as e-mail address may be collected. These data will be used only with your consent, which even if withdrawn does not make illegal the treatments made on the basis of the consent previously given. If you send us requests for information about products, services or any material, we may have to contact
you in order to obtain additional information necessary to effectively respond to your request.
Your personal information will not be disclosed to third parties without your prior consent, unless required by law.
– Please note that the rental company may provide aggregated statistics about customers, sales, traffic patterns and information related to the site to other entities, and these statistics do not include any personally identifiable information.
– In accordance with the General Regulation on the protection of personal data, holders ar guaranteed access to their personal data for the purposes, namely, its rectification, updating, modification, exercise of the right to be forgotten and request portability.
– The holders may exercise the right of access, rectification or deletion of their data when they request it through a written document sent by e – mail to the electron rentacar@confiauto.pt, or by registered letter to the address Av. General Humberto Delgado, 115, 4480-905 Vila Do Conde.