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Conditions

GENERAL RENTAL TERMS AND CONDITIONS

1 – DELIVERY AND RETURN OF THE VEHICLE

1.1. The Client (authorized driver) receives the vehicle, with the normal vehicle maintenance, with the required documentation (includes the Addendum to the Agreement), and commits to return the vehicle, to a Lessor’s employee, in good usage and clean conditions, at the time and place designated in the Agreement.

1.2. Within normal business hours (09h00-18 h00), vehicles deliveries/collections are performed in Lessor’s offices without extra costs, except in Airports and Harbors. Out of this schedule a 30€ fee is applied, but not cumulative with other delivery/collection fee. In Airports, Hotels and Harbors, a delivery/collection fee is applied, for more information, please contact the Reservations Center [info@autatlantis.com or (+351) 296 205 340/2].

1.3. It is necessary to present the following valid documents: passport or citizen card, driving license and credit card in the driver's name.

1.4. Minimum rental of 24 hours counting from the date and time of vehicle delivery. If the vehicle is not returned on the agreed date/time (60 minutes grace period), Lessor reserves the right of charge an additional daily rate of the vehicle, for each day of delay, plus a daily service fee of €50. For each day of delay, the rental day will be charged at the current rate, plus a daily service fee of € 50.

1.5. If the Client decides to terminate the Agreement in advance, the amount corresponding to the days on which he did not enjoy the vehicle (taxes included) will be fully withheld as compensation.

1.6. If the vehicle exhibits intern or extern dirt contrary to a prudent use, requiring an extraordinary cleaning instead of an ordinary cleaning offered in a self-service manual washing center, can the Lessor apply an extra fee of €35.

1.7. Smoking inside the vehicle is prohibited, so if the vehicle shows signs of non-compliance, Autatlantis may apply an extra cleaning fee of € 35.

1.8. If it is not possible to check the vehicle when it is returned, namely due to dirt, breakdown or accident this observation should be made in the particular conditions, and the vehicle’s return will be conditioned upon its cleaning and technical evaluation.

1.9. Reservation is not linked to a specific vehicle (brand, model, equipment, etc.), but to a group of vehicles with similar technical characteristics and habitability. If a vehicle of the selected group is not available, Autatlantis will deliver a vehicle of a higher group.

 

2 – VEHICLE USAGE

2.1. The Client specially agrees to:

a) Use the vehicle in a prudent manner, ensuring that the vehicle is locked in a safe place and that the documents are not left inside the vehicle (notwithstanding the obligation of the Client to always carry them); If the vehicle is returned without the respective documentation, an additional charge of €100 applies.

b) Pay the rental price and the applicable costs that may be charged by the Lessor, for any vehicle damage ande accessories (eg: key) caused by negligence or non-compliance of the rental agreement.

2.2. Under penalty of exclusion from insurance coverage, Client won’t allow the vehicle to be:

a) Driven by someone not accepted in the agreement; under the influence of alcohol, narcotics or in a similar altered state that reduces perception and responsiveness; under the age of 21 years; and holder of a driving license for less than one year;

b) Used to push/pull any vehicle or any other object with or without wheels; enter in any kind of sports event/competition/reconnaissance, official or not; used as a means of transportation in violation of the Law, especially the provisions set out in the Registration Document (DAU);

2.3. Drivers from 21 to 23 years old and at least 1 year with drive license may rent a vehicle through payment of daily fee of €20.

2.4. To be covered by existing insurance, all drivers must be mentioned in the rental contract. It is possible to add additional authorized drivers, through payment of an additional fee of €4,90 per day per each additional driver, with a maximum of €29 per driver and per rent.

2.5. Client is prohibited from using the vehicle in an unallowed manner, as illustrated in point 7 of this document.

2.6. The vehicle may only be driven on the Island of the Azorean Archipelago where it has been rented, unless prior written permission of the Lessor.

 

3 – PRICES, DEADLINES AND PAYMENTS

3.1. The price is determined by the rate in force for the vehicle category and paid in advance.

3.2 Payment is made by credit card in the name of the authorized driver, by debit card or cash.

3.3. If the Client wishes to extend the rental, he must go to an Autatlantis station in time to update the Contract and settle the remaining rental days. No Contract may be extended by telefone, by electronic communication or any other means. In no case, the amount deposited as security may serve to extend it. Thus, if the Contract is extended, the Customer must make an additional payment related to said extension. If the Contract cannot be extended because there are no vehicles available or for any other reason, the Customer must return the vehicle to the station on the agreed date and time. When requesting the extension of the Contract, it may be necessary, depending on the initial conditions of the same, the execution of a new Contract considering, at that time, the current Contract is extinguished.

3.4. Autatlantis reserves the right to cancel the delivery of the vehicle in case of doubts about the customer's financial capacity, previous situations of default or serious incidents with Autatlantis.

3.5. The Client undertakes to pay/provide as security to Lessor, besides the rental price:

a) The deposit or the deductible due for the rental (locked on authorized driver credit card), in accordance with the fees in force, until technical evaluation, authorizing the Lessor to complete and debit the due amounts;

b) Additional services:

Baby Chair/Child Safety Seat available through payment of 5€ daily fee, until maximum of 50€ per rent;

GPS equipment available through payment of 10€ daily fee, until maximum of 75€ per rent;

Wifi equipment available through payment of 8,5€ daily fee, until maximum of 45€ per rent;

Equipments with a liability of 100€, amount blocked on authorized driver credit card.

c) The amounts corresponding to damages resulting from accident of its responsibility, in case of theft/robbery, and the expenses of hospitalization and medical assistance of driver/passengers are not covered by insurance. If damages are covered, only up to the maximum amount of the deductible.

d) Judicial/extrajudicial costs, administrative or criminal penalties, whatever its nature, arising from a breach of Law attributable to the Client or to the usage of the vehicle during the rental;

e) If the Lessor is notified to identify the driver, Client is responsible to pay 40€ related with administrative expenses;

f) A €40 fee, related to administrative opening process in case of accident, or road trip in case or beakdown or road assistance;

g) Costs incurred by the Lessor to remedy any contractual breach committed by the Client;

3.6. For the purpose of guaranteeing the performance of this agreement, Client shall deposit in credit card liability amount, authorizing the Lessor to complete and debit the due amounts.

3.7. The deposit shall be returned soon as the vehicle is returned, after technical evaluation and all the amounts have been settled. If there are any outstanding amounts, the Lessor will first deduct the deposit, without prejudice to claim the outstanding amounts.

3.8. Autatlantis is not liable for loss / theft / damage of material, personal and goods left in the vehicle, during and after the rental.

 

4 – RESERVATIONS CANCELLATION

4.1. If the Client decides to cancel vehicle reservation, the amount corresponding to the amount paid to guarantee the reservation (taxes included) will be fully retained as compensation.

 

5 – MAINTENANCE AND REPAIR, FUELS

5.1. Registration of any damage and fuel level is carried out in advance by Autatlantis. Customer may request the vehicle analyse and registration, if he does not agree with the registration made. By using the vehicle, customer validates the registration performed; Likewise, on returning the vehicle, the process will be completed after evaluation by Autatlantis, at which time the rental contract will be closed with a detailed record of any new damage (if applied) and the fuel level. The customer can request to follow the vehicle analyse.

5.2. If a technical problem is detected, the Client shall immediately immobilize the vehicle and contact the Lessor through the travel assistance number 24h, (+351) 966 000 019.

5.3. Towing expenses due to unallowed use, breakdown or damage caused to the vehicle, are cliente responsibility.

5.4. The vehicle is delivered with fuel tank full or partially full. It must be returned at the same level as at the time of delivery; the non-compliance of this obligation shall give the right to the Lessor to charge the missing fuel, plus a refueling service fee, of 15€, as legally permitted.

5.5. In case of negligent action with introduction of a type of fuel other than the proper one is used in the vehicle, the Client will be responsible for the fuel replacement, disassembling and tank cleaning, tuning and other associated repairs.

5.6. In the event of an accident or damage attributable to the Client, the Lessor is not obliged to provide a replacement vehicle, and the amount corresponding to the days on which he did not enjoy the vehicle (taxes included) will be fully withheld as compensation.

 

6 – INSURANCES

6.1. The Client (authorized driver) is insured by an automobile insurance policy covering limited civil liability up to a maximum of €50 million. In case of accident or damage caused by the Client, he is fully responsible for any and every damages and/or defects caused, total or partial theft of the vehicle, as well as days the vehicle is immobilized with the Client being impeached payment for these days following the category of the rented car in our chart accordingly.

6.2. In case of accident, theft, burglary and or fire, even partial, the Client must protect Lessor’s and insurance company’s interests by:

a) Contact Autatlantis immediately through the 24h road assistance number, (+351) 966 000 019 and immediately report to the authorities (+351) 112;

b) Within a maximum period of 24 hours, to fill the European Accident Statement, mentioning the actual circumstances in which the accident occurred, name and address of witnesses, the owner and the driver of the third vehicle involved, and the registration number, trademark, insurance company and policy number of such third vehicle, failing which it will be responsible for the payment of the amount up to the deductible.

c) Not abandoning the scene of any incident before the arrival of the authorities, under penalty of having to pay for any damages arising, not having the insurance coverage any effect;

6.3. The Client may contract the following insurances:

i. Collision Damage Waiver (C.D.W.): If previously hired, in case of accident, crash or rollover, Client’s responsibility for damages caused to the vehicle may be reduced to the payment of a mandatory liability, as long as has been Client´s responsibility, excluding damages under the vehicle, damages in the windscreen, rim and tires destroyed, clutch and gearbox.

ii. Theft Protection Insurance (T.P.): If previously hired, in case of theft of all or part of the vehicle, the Client's responsability may be waived to payment of liability, provided that the terms and conditions of the rental agreement haven’t been breached. The Client is is obliged to report to the competent authorities, as well to return the vehicle keys, otherwise the insurance coverage may be canceled. This insurance does not include the protection of personal belongings or goods.

iii. Personal Accident Insurance (P.A.I.): If previously hired, in case of accident driver and remaining passengers will be covered for medical expenses until 250€ per passenger, in case of death or permanent disability a coverage of 5.000€ per passenger.

iv. SUPER C.D.W.: If previously hired, with C.D.W. and T.P. the Client is reducing mandatory liability for damages, to a minimum value, illustrated on Insurances and Liabilities Table. Excludes damages under the vehicle, damages in the windscreen, rim and tires destroyed, clutch and gearbox.

v. Windscreen Damage Waiver (W.D.W.): If previously hired, with C.D.W., T.P. and SUPER C.D.W., the Client is reducing to the value of mandatory liability, to a minimum value, illustrated on Insurances and Liabilities Table.

vi. Tire and Rim Waiver (T.R.W.): If previously hired, with C.D.W., T.P. and SUPER C.D.W., the Client is reducing to the value of mandatory liability, to a minimum value, illustrated on Insurances and Liabilities Table.

vii. Pack Relax: Composed by insurance C.D.W, T.P. e P.A.I.

viii. Pack Super Relax: Composed by insurance C.D.W, T.P, P.A.I, SUPER C.D.W, W.D.W, T.R.W.

ix. Liabilities: In case of accident, the Client is responsible for paying a liability per occurrence, up to a maximum amount specified in each group.

6.4. Only the Client (authorized driver) may benefit from the deductible reduction services; any failure to comply with this provision will imply the cancellation of any insurance coverage; the insurance coverage may also be cancelled in case of breakdown, damage and/or accident caused by negligence, or using the vehicle in an unallowed manner (item 7)  or non-compliance by the Client of any general and specific rental conditions of the rental agreement, and any legal rules; Client is liable for damage caused to the vehicle, as well as by the period of vehicle immobilization.

 

SEGUROS E FRANQUIAS / INSURANCES AND LIABILITIES

GRUPOS

GROUPS

C.D.W.

T.P.

P.A.I.

Franquia Obrigatória

 Liability

SUPER C.D.W.

W.D.W.

T.R.W.

Franquia Mínima

Minimum Liability

VEÍCULOS / VEHICLES

A1, A

12.9

5

4

700

12

1

5

100

B, C, C1

14

5

4

700

12

1

5

100

D

18

6

4

900

14

1

5

100

G, G2, F, FA, H, E, EE

21

6

4

1,700

18

2

6

200

G1, O, E1, E2, I, J

21

8

4

1,700

26

2

6

200

IA, L1, N, V, L, M, M1

21

10

4

1,800

NA

NA

NA

NA

VEÍCULOS CARGA / CARGO VEHICLES

AC, BC

18

6

4

900

NA

NA

NA

NA

CC, DC, EC

21

8

4

1,800

NA

NA

NA

NA

SEGUROS E FRANQUIAS / INSURANCES AND LIABILITIES

GRUPOS

GROUPS

C.D.W.

T.P.

P.A.I.

Franquia Obrigatória

 Liability

SUPER C.D.W.

W.D.W.

T.R.W.

Franquia Mínima

Minimum Liability

BICICLETAS / BIKES

X

NA

NA

NA

NA

NA

NA

NA

NA

XE

NA

NA

NA

NA

NA

NA

NA

NA

SCOOTERS

K

11

4

NA

1,200

NA

NA

NA

NA

 

 

 

7 – UNALLOWED USE

7.1. Any situation that does not comply with the provisions of these paragraphs, is understood as unallowed use.

7.2. The Client must use the vehicle in a prudent manner, according to its characteristics, respecting the traffic rules applicable to motor vehicles, in accordance with the Road Trafic Code and other applicable legislation and avoiding, in any case, any situation that may cause damage to the vehicle or third parties

7.3. Is Client's obligation not to allow the vehicle to be driven by a person other than those authorized under this Agreement, with the Client being directly responsible for any damage or loss occurring in the vehicle or in third parties.

7.4. The Client is entirely responsible for the damage caused to interior and exterior parts of the vehicle by unallowed use of the vehicle, in which case it will be obliged to pay all expenses incurred to restore the vehicle to his condition before the rental. The Client will be responsible for all damages or losses caused to the vehicle, as well as for the immobilization period of it.

7.5. Unallowed use includes and is not limited to the following cases which are here described by way of example:

a) Push / pull or tow any other vehicle or any other object with or without wheels.

b) Use in sports events / training / recognitions of any nature, official or not.

c) Drive the vehicle through restricted areas and / or on roads associated with the use of civil and military aviation.

d) Drive on unpaved, or paved roads but with serious deficiencies, which can cause damage to the underside of the vehicle.

e) Drive in places that are not suitable for public transport, such as, for example, beaches, car circuits, forest paths, private roads, soil roads, gravel roads or roads / paths that are not suitable for motor traffic, regardless the lack of signage or indication through technological equipment (eg GPS).

f) Neglect of information transmitted on the instrument panel or warning signs of the rented vehicle and which the Client says he knows, with the signing of the Rental Agreement.

g) Transport of goods or animals and especially dangerous, flammable and / or harmful substances for the vehicle and its occupants.

h) Sub-rent and transport people or goods, which directly or indirectly imply a payment to the Client, give as guarantee, modify or place advertising.

i) Driving the rented vehicle by a person not authorized in the Agreement.

j) Transport of a number of people or luggage, higher than the authorized for the vehicle (hat rack cannot be removed from the vehicle).

k) Transport of luggage or any item on the roof of the vehicle, without Autatlantis written authorization, even using its own device.

l) Parking the vehicle in unauthorized or inappropriate places, being susceptible to damage.

m) Any type of manipulation or intervention on the vehicle.

n) Leave objects at sight in the vehicle that could be stolen with consequent damage to the vehicle.

o) Soiling the vehicle's interior beyond what implies normal and careful use of the vehicle.

p) Smoking inside the vehicle.

q) Drive the vehicle in a state of fatigue, illness or under the influence of alcohol, medication or drugs.

r) Imprudent driving.

s) Use of the vehicle for driving learning activities, under any circumstances, and / or teaching any special driving skills.

t) Drive that violates traffic rules.

u) Use the vehicle in any activity which violates the law.

v) Use in violation of the provisions set out in the Registration Document (DAU);

w) Drive the vehicle to geographical limits defined in the particular conditions, referring to the station of origin of the rental.

x) Drive the vehicle after the rental period has ended.

y) Introduce fuel unsuitable for the proper functioning of the vehicle.

7.6. The use of the vehicle in an unallowed conditions will empower Autatlantis to terminate the Rental Agreement in advance due to non-compliance, requesting, if necessary, the respective indemnities for losses and damages.

7.7. Any discrepancy, breakdown or malfunction, must imply the immediate immobilization of the vehicle and contact with Autatlantis to the number (+351) 966 000 019.

 

8 – SOLIDARY RESPONSIBILITY.

8.1. All additional Clients (authorized drivers) will be jointly and severally liable for all of the Client's obligations that appear in the Agreement and the applicable laws.

 

9 – PERSONAL DATA

9.1. According with the General Data Protection Regulation, the Lessor, as the data controller, will process Client's personal data for various purposes: client management purposes, compliance with Lessor’s legal obligations (as set forth in DL 181/2012 of 06.08, DL 15/88 of 16.01 and DL 47/2018 fo 20.06) purposes. For said purposes, the Client hereby authorizes the Lessor to carry on with the processing of the following categories of personal data: name; phone number; mobile phone; age; home address; tax number; passport number and date of issue or; citizen card and expiration date; number of driving license and date of issue; email.

9.2. In case of breach of contract, the Client hereby consents to the Lessor to communicate his personal data to ARAC (Associação dos Industriais de Aluguer de Automóveis sem Condutor), for inclusion of such personal data in the defaulting clients database.

9.3. For the purpose of entering into this agreement, the management of the contractual relationship, the preliminary proceedings prior to entering into this agreement and the Client negotiating statement, as to the pursuit of the legitimate interests of the Lessor, the Client authorizes the Lessor to make the physical and/or digital of Client's Citizen Card, as well as the driving license, and to store such reproductions for the time strictly necessary for such purposes.

9.4. The Lessor may communicate the personal data to the police and/or judicial authorities in case of request regarding motoring offences to the Road Traffic Code and for criminal investigations reasons; and to ARAC for inclusion in the defaulting clients database.

9.5. For the purposes of Autatlantis marketing communicating campaigns, through electronic communications or equivalent, related to the products or services contracted with Autatlantis.

9.6. For the purpose of marketing communications campaigns of advertising partners, with the explicit Client consent, through electronic communications or equivalent, related to products or services adjusted to his interests.

9.7. The Lessor assures to the Client the exercise of the rights foreseen in law, including the right of opposition, rectification and deletion to the processing, which should be done through registered letter to the address Rua dos Manaias, n.os 53/57, Largo de Santo André, 9500-084 Ponta Delgada, São Miguel, Açores, Portugal.

 

10 – FINAL PROVISIONS

10.1. For the settlement of disputes, Parties indicate the Court of Ponta Delgada and expressly waive the right to recourse to any other jurisdiction except when otherwise provided by compulsory legislation.

10.2. In the event of a lawsuit covering the previous situations, the Client will pay all legal expenses, including court fees, attorneys 'and solicitors' fees, and, in the event of a conviction, the respective indemnity that is fixed by sentence.

10.3. The Client accepts and is aware of information illustrated in the General Rental Terms and Conditions, on Particular and General rental conditions, and has the right to request clarification. Clauses set out hereof shall precede any other conflicting clause from other terms and conditions.

10.4. Should any of the terms, clauses and provisions herein come to be null and/or void, such will not affect the validity and enforceability of the remaining clauses of this Agreement which will remain in full effect and fully enforceable.