This contract is celebrated between Automove, Lda., (hereinafter referred to as MOVE RENT-A-CAR) and the Lessee and Authorized Driver previously identified in the contract (hereinafter referred to as Customer(s)). Through this contract, MOVE RENT-A-CAR rents the Vehicle to its Customers, under the following terms and conditions:
The Customer expressly declares that he has received the Vehicle on the date and time of commencement of this contract, in good conditions of use and without any visible damages, unless otherwise indicated in this contract.
The Customer is required to return the Vehicle in the same conditions in which it was delivered, on the agreed date and time and at the same place of the signing of the contract, within opening hours, unless contrary expressed authorization by MOVE RENT-A-CAR.
If the Customer fails to do so, he will incur in civil and criminal liability and immediately lose his rights conferred by the insurance coverage.
The delay in returning the Vehicle makes the Customer liable to pay MOVE RENT-A-CAR a daily compensation in the amount corresponding to the highest rate charged by MOVE RENT-A-CAR for the type of vehicle rented, without prejudice to compensation for other possible damages caused to MOVE RENT-A-CAR.
The Vehicle may not be used or driven under
the following conditions:
By persons not identified and accepted by MOVE RENT-A-CAR, as stipulated in this contract or any annex or amendments;
By a non-qualified driver with a valid driving license in Portugal or by a qualified driver with a valid driving license for less than 1 year;
In disrespect of the norms of the Road Code, namely with dangerous driving, under the influence of alcohol, psychotropic substances or any others that may interfere with the ability to drive;
In rehearsals or try-outs and sporting competitions, whether official or unofficial;
To push or tow any vehicle, trailer or any other object;
For the carriage of passengers or goods in exchange for any compensation and/or explicit or implicit remuneration;
For the transport of passengers or of goods in violation of what, on the matter, is provided in the vehicle’s registration document;
For the transport of prohibited or illegal goods, or in violation of customs regulations;
Outside the territorial limits of the Madeira Island, Portugal, without prior written authorization from MOVE RENT-A-CAR.
The Customer is expressly obliged to:
Keep the Vehicle properly closed and locked even outside the period of use and not leave in its interior any objects that may likely lead to theft, robbery or damage to the Vehicle;
Not to exchange any parts and components and/or accessories of the Vehicle.
It is not allowed to sublease the rented Vehicle.
MOVE RENT-A-CAR has the right to reduce the rental period and demand the immediate return of the Vehicle in case of breach of any provision of this contract, without prejudice to the compensation to which, under legal or contractual terms, MOVE RENT-A-CAR is entitled.
The Customer is required to return the Vehicle with the same level of fuel in which it was delivered, being responsible for the payment of the missing fuel and the service of refueling in accordance with the price list in force, as well as for any and all expenses and repairs to the Vehicle, if he has used other type of fuel than the required for the Vehicle in question.
The rental price, the amount of the deposit and the price of the extension will be determined by the tariffs in force at any given time.
The Customer will be responsible for:
All expenses incurred during the rental period, namely fuel, parking and tolls;
Fines and any infractions inherent to the use and conduction of the Vehicle, as well as for the respective legal expenses and charges with the identification of drivers and/or handling of cases in accordance with the price list in force.
All costs related to repairs and damages to the Vehicle caused by the Customer, due to dangerous or negligent driving, driving in violation of any rule of the Road Code, namely driving at excessive speed, driving under the influence of alcohol, narcotics or other substances that affect driving;
Without prejudice to the previous provision, all repair costs caused by impact, collision, rollover, fire, acts of vandalism and/or theft of the Vehicle, unless they are recoverable by liability of an external party;
The amount due for returning the vehicle at any return service other than at MOVE RENT-A-CAR 's headquarters, in the event that the Customer delivers the Vehicle to a location other than that provided for, according to the price list in force;
All judicial and extrajudicial expenses, fines and other pecuniary sanctions, whatever their nature, arising from the violation of any rule attributable to the Customer or the Vehicle while in possession of it, unless that is due to MOVE RENT-A-CAR’s fault.
All other expenses, including court costs, attorney fees, solicitor, or any other entity contracted by MOVE RENT-A-CAR to obtain the payment of any sums owed by the Customer, as well as all costs that MOVE RENT-A-CAR may incur for recovering, or taking possession of the Vehicle rented to the Customer.
If the Customer wishes to extend the contract’s rental period, he must contact MOVE RENT-A-CAR to obtain an extension of the contract, otherwise it will be considered that the Vehicle is being used against the legitimate will of MOVE RENT-A-CAR. In such cases, the Customer will automatically incur in the crime of breach of trust.
In the event that the Customer intends to anticipate the term of the rental contract, he will not be exempt from the obligation of paying the agreed price in full.
The Customer may book a reservation of the Vehicle on MOVE RENT-A-CAR’s internet website, without having to make any payment in advance.
If the Customer has made a reservation, for his own safety, he will only have to pay the total rental price when picking up the Vehicle. This payment can be made in cash or by debit or credit card.
The Customer, in order to guarantee the proper fulfillment of the rental agreement and when picking up the Vehicle, will provide a deposit by means of a credit card owned by him. The deposit, always from 400€, will be subject to variable prices, depending on the Vehicle’s group.
Under Portuguese law, the Customer hereby authorizes MOVE RENT-A-CAR to withdraw the use of the Vehicle at the end of the contract or in the event of termination of the same based on breach of this contract by the Customer’s fault. In such cases, the Customer may incur in civil and criminal liability.
The Vehicle is covered by a civil liability insurance policy for the maximum amount prescribed by law.
The Customer can contract the following services, among others, better described in the Commercial Conditions available at MOVE RENT-A-CAR 's website or at its branches: i. (name): partially covers damages caused by accidents, collisions, overturning, theft or fire, in which the Customer will be responsible for the number of damages up to the maximum of the applicable payment limit, which varies according to the segment of the vehicle; ii. (name): reduced liability for applicable payments, which may vary according to vehicle segment. (examples).
The Vehicle assistance service will be carried out by the brand's authorized workshop in the geographical area where it is located and/or indicated by MOVE RENT-A-CAR.
If the Customer provides false information, without prejudice to possible criminal liability, it will constitute a breach of contract. MOVE RENT-A-CAR reserves the right to pass on to the Customer all damages resulting from such declarations.
In the event of an accident, theft, robbery or fire, even partial, of the Vehicle, the Customer is required to:
Report to MOVE RENT-A-CAR the accident, theft, robbery or fire, even if partial, of the Vehicle, within a maximum period of 14 hours from its occurrence. Simultaneously, the Customer is required to report to the police authorities the theft or robbery of the vehicle, as well as the accident in which there is bodily damage or in which the guilt of the other party must be clarified;
Mention in the accident report and in the “Friendly Declaration of Automobile Accident”, the circumstances in which the accident occurred, the date, time, place, name and address of the witnesses, the name and address of the owner and driver of the other party’s vehicle involved and the registration number, brand, insurance company and policy number of such external vehicle, always being obliged to fill in the “Friendly Declaration of Automobile Accident” whenever the claim involves third parties;
Not to declare, under any circumstances, responsible or guilty of the accident with a third party, and/or any witnesses;
Not to leave the Vehicle without having taken adequate measures regarding its protection;
Call MOVE RENT-A-CAR, even in case of minor damage or loss, and provide MOVE RENT-A-CAR with a detailed report, including diagrams, with the detailed description of what happened, requesting the activation of Travel Assistance, whenever justified;
In the case of an accident involving third parties, whenever possible, take photographs of the vehicles involved in the position they were in after the accident, as well as the damage caused to the vehicles in question.
In case of theft or robbery of the Vehicle, the Customer will be responsible for paying the deposit in force on the date of the rental contract.
If proved that the Customer has burned out the Vehicle's clutch, he will be responsible not only for paying the total cost of the repair, but also for an extra rental day, due to the immobilization of the Vehicle.
MOVE RENT-A-CAR reserves the right, in the event of an accident where there is suspicion of negligence of the Customer, to charge the total value of the repair of the Vehicle or the value of the Vehicle (without collision or theft), according to the price list in force.
Mechanical maintenance resulting from the normal use of the vehicle will be carried out by MOVE RENT-A-CAR. In the event that the Vehicle is immobilized, any repairs or interventions may only be carried out with the prior written agreement of MOVE RENT-A-CAR and observing all the instructions given by MOVE RENT-A-CAR to the Customer and/or driver. In case of such authorization, before any repairs or interventions, an invoice must be submitted, issued in the name of Automove, Lda., NIPC 517462800, with a detailed indication of the replaced parts and respective labor done
The Customer is solely responsible for any loss or damage suffered to its goods or of any other person, left or carried in the Vehicle, received or held by MOVE RENT-A-CAR, at any time before, during, or after the term of the rental agreement. MOVE RENT-A-CAR as well as all of its collaborators are expressly disclaimed of any liability.
MOVE RENT-A-CAR accepts no responsibility for delays or damages caused by breakdown or accident, provided you use all precautions and best efforts to avoid such events.
In the case of renting commercial vehicles, the Customer may only transport goods from his property or that are linked to his economic or professional activity, and the Vehicle in question can only be driven by the Customer himself, without prejudice to the application of further conditions established in this contract.
As duly identified and provided for both on MOVE RENT-A-CAR 's website and at its branches, the Customer may, at any time and if it deems justified, access the Complaint’s Book, without prejudice to having other means of complaint at its disposal, namely, by sending a communication to MOVE RENT-A-CAR 's address for that purpose (MOVE RENT-A-CAR 's address) and/or to the Mobility and Transport Authority's address (reclamacoes@amt-autoridade.pt).
These General Conditions may be amended at any time by MOVE RENT-A-CAR, only producing effects on the services provided after its entry into force.
This contract and its Terms and Conditions are governed in all their aspects by the Portuguese law and are subject to the Portuguese jurisdiction.
In the event of a dispute, the Customer may resort to an Alternative Dispute Resolution Mechanism, namely the Automobile Sector Arbitration Center (https://www.arbitragemauto.pt/). If he does not wish to do so, in the event of a dispute, the Judicial Court of the District of Madeira shall be competent, with express waiver of any other.
For all legal purposes, namely communication, the parties agree as their domiciles those contained in this rental agreement.
The Customer accepts and it is completely aware of these General Conditions, as they were previously explained.
This contract is signed, in duplicate, by both parties, with one copy to the first party (MOVE RENT-A-CAR) and another to the second party (Customer).