Rental Agreement Terms and Conditions

 

The rental agreement is signed between Madeira - Rent – Sociedade de Aluguer de Automóveis, Lda, with registered office at Rua Vale da Ajuda nº 52, 9000-116 Funchal, registered at the Commercial Registry Office under the single registration and taxpayer number (NIPC) 511105835, with a share capital of €580.000,00 (hereinafter referred to as MR) and the Customer and Driver identified therein (hereinafter referred to as the Customer).
Through the rental agreement MR rents the car without driver (hereinafter referred to as Vehicle) to the Customer under the following terms and conditions:

1. VEHICLE HANDOVER AND RETURN

    1. The Customer expressly declares that he has received the Vehicle on the date of the beginning of this rental agreement, in good condition of use and without any visible damage, except those recorded in the document "Delivery/Collection of the Vehicle" which forms an integral part of the Rental Agreement.

    1. The Customer is obliged to return the Vehicle in the same condition in which it was delivered, with the respective documents, accessories, spare parts and equipment.

    1. The return of the Vehicle must be made to the MR representative on the date agreed and at the place indicated at the beginning of the rental agreement, within business hours.

    1. The delay in returning the Vehicle shall constitute an obligation on the part of the Customer to pay MR for late return, and for each day that it lasts, compensation in the amount corresponding to the public tariff in force at MR on the date set for return, for the group of Vehicle rented. The same applies to all services and/or extras subscribed and/or applied at the beginning of the rental.

    1. In case of vehicle booking, the Vehicle will be delivered at the rental station indicated in the booking confirmation and must be returned at the MR rental station indicated in the rental agreement, notwithstanding the provisions of paragraphs 7 and 10 below.

2. CONDITIONS OF USE

  1. During the rental period, the Customer must look after the Vehicle and make a safe and proper use of it, ensuring that, whenever the Vehicle is not in use, it is parked in a safe place, locked and that objects likely to cause theft, robbery or damage to the Vehicle are not visible from outside the Vehicle.

  1. The Vehicle must be fuelled with the type of fuel that is suitable for the Vehicle. Fuelling the Vehicle with fuel other than the one required will be considered misuse and/or negligence in the use of the Vehicle and the Customer will be liable under the terms indicated in paragraph b. of number 3 below.

  1. The Vehicle may not be used or driven under the following circumstances:

      1. By persons not identified in the rental agreement or in any attachment or amendment forming an integral part thereof, and consequently not authorised by the MR;

      1. By persons not qualified under the terms indicated in the following paragraph;

      1. In disrespect for the Highway Code rules, namely dangerous driving, under the influence of alcohol, psychotropic substances or any other substance that impairs driving ability;

      1. In trials or tests and sport competitions, official or not;

      1. For pushing or towing any vehicle, trailer or any other object;

      1. For transporting passengers or goods in exchange for any explicit or implicit compensation or remuneration;

      1. For carrying goods in violation of any provision of the law;

      1. Outside the territorial limits of Madeira Islands, without prior written authorization from the MR.

  1. To rent a MR vehicle, the driver must be qualified as follows:

      1. Have a valid driving licence in Portugal for more than 1 year. Driving licenses written in the non-roman alphabet and international digital licenses are not accepted;

      1. To be over 21 or 25 years old, depending on the Vehicle rented (see public table available at the rental station desk or at www.madeirarent.pt);

      1. Young Driver: MR authorises drivers under 21 years of age with a valid driving licence in Portugal for more than 1 year, upon activation of the "Young Driver" service and prior payment of the extra "Young Driver" charge (see the "extras and optional services" public table available at the rental station desk or at www.madeirarent.pt). This condition is not valid for vehicle groups categorized as available only to drivers aged 25 years or over.

  1. MR reserves the right to refuse to rent the Vehicle to any person whom its Representative considers unfit to drive and/or who fails to comply with MR's rental conditions set out in this paragraph.

3. CUSTOMER OBLIGATIONS

  1. In addition to other obligations set out in the Terms and Conditions of this Rental Agreement, the customer is obliged to:

      1. To pay the Vehicle rental according to the rates in force or previously contracted.

      1. To pay for the optional services and/or extras subscribed to by the Customer and described in the Rental Agreement;

      1. Not to exchange parts and any components and/or accessories of the Vehicle;

      1. Not to smoke inside the Vehicle. The confirmation of evidence of such conduct determines the payment by the Customer of the "Special cleaning" service (provided in the price list "extras and optional services");

      1. Return the Vehicle with its interior in a clean condition similar to that at the time of delivery. Failure to comply with this obligation will result in the charge of the extra "Special cleaning" (see public table "extras and optional services" available at the rental station desk or at www.madeirarent.pt);

      1. Return the Vehicle with the same fuel level that was delivered to you, being responsible for the payment of the missing fuel and of the refuelling service (see public table "optional extras and services" available at the rental station desk or on www.madeirarent.pt );

      1. Not to sublease the rented Vehicle, except in the cases provided for by the Law and provided that it is previously authorized by the MR.

  1. The Customer shall also be responsible and liable for:

    1. All expenses incurred by the Customer during the rental period, namely fuel, parking, fines and all and any infractions inherent to the use and driving of the Vehicle;

    1. All administrative, judicial expenses and charges due for the identification of drivers and/or the processing of files with the competent authorities and according to the "optional extras and services” price list in force;

    1. The payment of all expenses arising from the repair of the Vehicle if it has been refuelled with fuel other than the one required;

    1. All costs arising from the repair of damage caused to the Vehicle by the Customer due to dangerous or negligent driving, driving in violation of any of the Highway Code rules, namely speeding, driving under the influence of alcohol, psychotropic substances or any other substances which impair driving ability;

    1. Without prejudice to the provisions of the preceding paragraph, all costs of repairing damage caused to the Vehicle during the rental period, including, but not limited to, due to impact, collision, overturning, fire, acts of vandalism and/or resulting from the theft or robbery of the Vehicle, up to the amount of the Deductible amount indicated in the Rental Agreement and expressly safeguarding the damages registered and described in the document "Delivery/Collection of the Vehicle";

    1. The theft, robbery or total loss of the Vehicle, for any reason whatsoever, up to the amount of the Deductible amount indicated in the Rental Agreement;

    1. The cost of replacing damaged tyres as a result of misuse of the Vehicle;

    1. The amount due for the provision of the Vehicle return service between MR rental stations, in case the Customer delivers the Vehicle at a different location from the one agreed upon (see public table "extras and optional services" available at the rental station desk or at www.madeirarent.pt);

    1. All administrative, judicial and extrajudicial expenses, fines, penalties and other pecuniary sanctions, whatever their nature, arising from the breach of any rule attributable to the Customer or to the Vehicle while it is in his possession;

    1. All other expenses, including legal costs, the fees of a lawyer, solicitor, or any other entity contracted by MR to obtain payment of any amounts owed by the Customer, as well as all costs that MR may incur to recover, or take possession of, the Vehicle rented to the Customer;

    1. For the amount due for the issue of a duplicate of the Vehicle's documentation and/or a duplicate key of the Vehicle due to damage, loss or misplacement of it (see public table "extras and optional services" available at the rental station desk or at www.madeirarent.pt);

    1. All expenses, fines and other charges related to the immobilisation of the Vehicle when it is apprehended by the police authorities as a result of any illegal act for which the Customer is responsible, including the illegal transportation of goods;

    1. Taxes applicable in accordance with the Legislation in force, during the whole duration of the Rental Agreement;

    1. For any loss or damage caused to goods left or transported in the Vehicle.

  1. If the damages caused to the vehicle set out in points iv. and v. of the preceding paragraph result from intent or gross negligence of the Customer, the latter's liability shall not be restricted to the Deductible amount specified in the rental agreement. If the Customer fails to return the keys of the stolen Vehicle to MR or to present documentary evidence that a report of theft or robbery was registered by to the police authorities, the Customer's liability shall also not be restricted to the Deductible amount specified on the rental agreement.

  1. MR is entitled to reduce the rental period and to require the immediate return of the Vehicle in the event of breach of any provision referred in the Terms and Conditions of this Rental Agreement, notwithstanding any compensation to which, under legal or contractual terms, MR may be entitled to.

4. FLEET AVAILABILITY

  1. The Customer booking is made on a Vehicle group basis. The brands and/or models shown in the promotional images are merely indicative of the Vehicle group reserved.

  1. If a vehicle from the reserved group is not available on delivery to the Customer, MR guarantees the delivery of a vehicle from a higher group than the one reserved without any additional cost to the Customer.

5. RENTAL PERIOD

  1. The minimum MR rental period is 24 hours.

  1. Rental Extension: If the Customer wishes to extend the rental period, the MR rental station must be contacted to obtain the appropriate authorisation and should reply to the email sent by MR to this effect, confirming the extension of the rental and authorising the debit of the rental extension and of the related extras and optional services from the credit card registered on the rental agreement. In the absence of authorisation from MR or the effective payment of the amount due, the Vehicle shall be deemed to be being used against the lawful will of MR, the Costumer thereby incurring the crime of breach of trust, which shall be reported by MR to the competent authorities.

  1. The rental days not used by the Customer shall not be entitled to any refund.

6. BOOKING CANCELLATION AND NO-SHOW

  1. The Customer may cancel a booking on the following terms:

    1. If made up to 8 days prior to the start of the rental, there will be no cost or penalty to the Customer, and the full amount of the advance payment (including optional extras and services and coverages) will be reimbursed;

    1. If made between 8 to 3 days prior to the rental start date, up to 3 rental days will be charged (including optional extras and services and coverages) and the advance payment exceeding 3 rental days will be reimbursed;

    1. If made within 2 days prior to the rental start date, there will be no refund;

    1. Cancellations must be requested through communication to reservas@madeirarent.pt.

  1. If the Customer does not show up at the Madeira Rent rental station on the day and time specified in the booking, the rental will be considered a "no-show", and there will be no refund of the advance payment.

7. DELIVERY AND COLLECTION SERVICE

The Delivery and Collection Service is subject to prior confirmation by MR, under the following terms:
  1. The order, indicating the full address for delivery and/or collection of the Vehicle, should be sent by the Customer to Reservas@MadeiraRent.pt or mentioned when booking online, at least 24 hours in advance of the date and time of delivery or collection;

  2. The cost of this service is calculated on the basis of the distance between the nearest MR rental station and the location for the delivery or collection of the Vehicle, the amount being communicated to the Customer on its confirmation by MR;

  3. The acceptance of the value of this service must be confirmed by the Customer by email to Reservas@MadeiraRent.ptor when booking online, at least 24 hours in advance of the date and time of delivery or collection;

  4. Payment for this service must be made by the Customer at the time of delivery or collection of the Vehicle.

8. OUT-OF-HOURS SERVICE

  1. The Out of Hours service is subject to prior confirmation from MR and is available for the start and end of the Rental on the following terms:
    1. The request, specifying the exact date and time (flight number if applicable), should be sent to Reservas@MadeiraRent.pt,or mentioned when booking online, at least 24 hours in advance of the date and time of the service;

    2. The amount of this service will be due for each service requested and will be confirmed by MR in the respective confirmation email or in the online booking confirmation;

    3. The acceptance of the cost of this service must be communicated by the Customer by email to Reservas@MadeiraRent.ptor through the confirmation of the online booking.

9. CHANGING THE PLACE OF RETURN OF THE VEHICLE

  1. If Customer wishes to change the return location of the Vehicle, must send the corresponding request, indicating the intended MR rental station, to Reservas@MadeiraRent.pt or mention it at the time of online booking, at least 24 hours in advance of the return date and time.

  2. Return at a rental station other than the one initially confirmed is subject to prior confirmation by the MR and payment of an additional amount calculated based on the distance between the initial and the desired rental station, in accordance with the Public Table "extras and optional services". The payment of this service must be made by the Customer at the time of the return of the Vehicle.

10. INSURANCE AND COVERAGES

  1. All MR Vehicles are covered by a car insurance policy with the legal limits of third-party liability. The insurance policy number and other information are shown on the green card accompanying the MR documents inside the Vehicle.

  1. The insurance coverages made available by MR are the following (see Public Table available at the rental station desk or at www.madeirarent.pt):
    1. CDW (Collision Damage Waiver): The Customer's liability arising from damage caused to the Vehicle, by himself or by a third party, is limited to the maximum amount of the deductible, calculated according to the respective table in force at the time of confirmation of the booking, except for damages to windows, to the lower or upper part of the car without collision, to the rims, tyres andinterior, or if the Customer fails to scrupulously comply with the provisions of this rental agreement, the Highway Code rules and other applicable laws,

    2. TP (Theft Protection): The Customer's liability arising from damages caused by theft or robbery of the Vehicle is limited to the maximum amount of the deductible amount, calculated according to the respective table in force at the time of confirmation of the booking, unless the Customer fails to scrupulously comply with the provisions of this rental agreement, the Highway Code rules and other applicable laws,

    3. PAI (Personal Accident Insurance): Guarantees, in the event of an accident, the payment of medical expenses up to a maximum of 1,500.00 Euros and compensation for death or permanent disability up to a maximum of 15,000.00 Euros per passenger (up to the limit of the Vehicle’s capacity).

    4. SCDW (Super Collision Damage Waiver): When subscribed, and in case of damage to the body of the rented Vehicle, the deductible amount is reduced to € 0.00. It does not include damage to windows and tyres, optics and headlights, rear view mirrors as well as damage to the under and top of the bodywork and inside the Vehicle, loss of or damage to keys and documents and incorrect use of fuel. At the beginning of the rental agreement a credit card authorisation is required in the amount corresponding to a security deposit quantified per Vehicle group.

    5. WDW (Windscreen and Tyre Waiver): When subscribed it includes cover in the event of damage to glass, tyres and wheels, rear-view mirrors, headlights, and optics of the rented Vehicle. It does not include damage to the under and upper car body and inside the Vehicle, loss of or damage to keys and documents. At the beginning of the rental agreement a credit card authorisation is required in the amount corresponding to a security deposit quantified per Vehicle group.

    6. FC (Full Coverage): FC (Full Coverage) includes PAI insurance and SCDW and WDW coverages. It does not include damage to the under and upper car body, inside the Vehicle, loss of or damage to keys and documents and incorrect use of fuel. Its subscription reduces the deductible amount to £ 0.00, requiring an authorisation to the credit card in the amount corresponding to a security deposit quantified per group of Vehicle.

11. DISASTERS, ACCIDENTS, THEFT AND/OR BURGLARY OF THE VEHICLE

  1. In the event of accident, theft, robbery, or fire, even if partial, of the rented vehicle, the Customer is obliged to:

    1. Contact the Travel Assistance Service, whenever justified;

    2. Report to MR within a maximum period of 8 hours from its occurrence, being simultaneously obliged to report to the police authorities even if there is no involvement of third parties or personal injury;

    3. Complete the Amicable Car Accident Report with the circumstances of the accident, date, time, place, name and address of witnesses, the name and address of the owner and third party involved and the registration number plate, make, Insurance Company and insurance policy number of the third party vehicle;

    4. Not to declare, under any circumstances, responsible or guilty of the accident before the third party and/or any witnesses;

    5. Not to leave the Vehicle without having taken adequate measures for its protection;

    6. In case of an accident involving third parties, whenever possible, take photos of the Vehicles involved in the position they were in after the accident, as well as of the damage caused to the Vehicles in question;

12. PAYMENTS, SECURITY DEPOSITS AND DEDUCTIBLE AMOUNTS

  1. The Customer acknowledges that the minimum rental period of the Vehicle is 24 hours from the start of the rental agreement and that the calculation of the total rental charge shall be based on the number of days during which the Vehicle is in the possession of the Customer, depending on the applicable rental rate and the optional extras and services contracted for under the Terms and Conditions of this Rental Agreement.

  1. Under this clause, the credit card presented by the Customer at the date of signing the rental agreement will be debited with the amounts due for the rental, for the optional extras and services and coverages contracted and other amounts under the Customer's responsibility set out in clause 3 of the Terms and Conditions of this Rental Agreement.

  1. For the purposes of the preceding paragraph, the Customer will present a valid credit card and expressly authorise MR to make the debits indicated in the preceding paragraph, accepting that such debits may occur after the end of the Rental Agreement upon confirmation by MR that they are in respect of the rental and its responsibility under the Terms and Conditions of this Rental Agreement.

  1. All credit cards presented by the Customer must be valid for 60 days or more after the scheduled rental end date.

  1. In the case of online bookings made at www.MadeiraRent.pt , the Customer may pay the rental in advance using the following payment methods through Easypay - Instituição de Pagamento, Lda:

    1. Credit Card (Visa, Mastercard);
    2. ATM reference;
    3. Transfer;

  2. In the case of payment by credit card, the debit will be made to the Customer's card immediately after confirmation of the booking. If it is not possible to provide any of the booked services, the value thereof will be credited to the Customer's card after the booking has been closed, notwithstanding the provisions of clause 6 of the Terms and Conditions of this Rental Agreement.

13. MAINTENANCE AND RENTAL EXPENSES

  1. Mechanical maintenance arising from the normal use of the Vehicle is the responsibility of MR. If the Vehicle is immobilised, any repairs or interventions to the Vehicle may only be carried out with the prior written agreement of MR and in compliance with all instructions given by MR to the Customer. In case the repair or intervention is authorised by MR, a tax-accepted invoice must be delivered by the Customer to MR, issued in the name of Madeira - Rent – Sociedade de Aluguer de Automóveis, Lda, tax number 511105835, with the description of the intervention made, the parts replaced and the respective labour costs.

  2. MR accepts no liability for delay or damage caused by breakdown or accident, provided that all precautions and best endeavours to avoid such events are used.

14. JURISDICTION AND ALTERNATIVE DISPUTE RESOLUTION

  1. These General Conditions may be amended at any time by the MR, with effect only on services provided after they come into force.

  2. This Rental Agreement and its Terms and Conditions are governed in all its aspects by the Portuguese law and are subject to Portuguese jurisdiction, establishing, in case of dispute, as competent the Judicial Court of the Judicial District of Lisbon, with express waiver of any other.

  3. In case of dispute, the consumer may resort to one of the Entities for Alternative Resolution of Consumer Disputes included in the list published in the Consumer Portal at www.consumidor.pt. For more information refer to the mentioned website.

  4. Notwithstanding the above, Customers may submit their Complaints to the MR, in the Physical Complaints Book available in its rental stations, or through the Electronic Complaints Book, available at https://www.livroreclamacoes.pt/inicio.


Last update date of the Terms and Conditions of the Rental agreement: 01/06/2023

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