DRIVE 4 EVER, LDA (defined below as “RENTING COMPANY” or “DRIVE 4 EVER LDA”) rents to the user (defined below as “CLIENT”) identified in the rental contract (defined below as “CONTRACT”), the vehicle indicated, under the following terms and conditions, which the CLIENT agrees and accepts:
1. THE CLIENT’S REQUIREMENTS
a) it is necessary to present a valid driver’s license to rent the vehicle. Drivers of the European Union may be accompanied with a valid driving licence of the respective country. The drivers from coming outside the EU should be accompanied International Driving Licence. The minimum age of the driver or additional drivers is twenty-one years old at the date of rental. The primary driver should also possess a valid credit card with his/her name and present a valid identification document with photo.
b) the RENTING COMPANY may ask the CLIENT to drive a test scooter to assess their driving skills.
c) the RENTING COMPANY may refuse to rent the vehicle if the assessment of the driving skills of the client is contrary to their health and safety.
2. DELIVERY AND RETURN OF THE VEHICLE
a) he/she receives the vehicle in a good state and working conditions as verified at the time of delivery, with the necessary legal documentation.
b) unless otherwise stated, the vehicle is delivered to you with a minimum charge of 95% and no minimum charge is required from you when returning the Vehicle.
c) the return of the vehicle is made at the premises of the rental company, with all the documentation, tools, accessories, and equipment.
d) the vehicle and other equipment must be returned in the conditions in which they were received.
e) the vehicle must be returned clean and free of personal belongings. A fee will be applyed if the vehicle is delivered dirty.
3. RENTAL PERIOD AND PAYMENTS
a) the minimum rental period is one day (24 hours) and if the use of the rented vehicle goes beyond the time initially agreed upon, implies the payment of extra time according to the price table.
b) whenever there is a request to extend the contract by one or more days, it must be communicated to DRIVE 4EVER LDA, for authorisation, at least 2 hours before the end of the original period; if the request is not made in time and if there is an delay of three hours or more from the original period, legal formalities will be triggered for the immediate return of the vehicle.
c) the payment is accounted for in Euro and made in cash.
d) the CLIENT is required to pay a deposit of no less than two hundred and fifty Euros. This amount will be returned at the end of the contract if, there is no damage to the vehicle or rental equipment or if there are no pending debts; DRIVE 4 EVER shall not be held responsible for any differences in exchange rates on payments by international clients. The Client authorizes to make the value adjustment in the security deposit. The value of the guarantee does not cover the full value of the scooter and / or equipment, and in case of theft or robbery the security amount will be withheld to deduct the cost amount total of the equipment to be reimbursed by the Customer to DRIVE 4 EVER LDA by the value of original purchase price.
e) all damages to the rented vehicle are the responsibility of the CLIENT, except those caused by third parties and that are duly proven.
4. BREACH OF CONTRACT
DRIVE 4 EVER LDA reserves the right to reduce the rental period and demand the immediate return of the vehicle, based on the breach of the contractual terms.
5. USE OF THE VEHICLE
a) the vehicle must only be driven by the Client or by a authorized person registered in the CONTRACT as extra drivers, for which the Client is personally responsible.
b) the vehicle may not be used to: transport goods in violation of customs regulations or in any illegal practice; to transport passengers or goods in paid services; to push or tow other vehicles or trailers; in sporting competitions; by anyone under the influence of alcohol or drugs
c) the vehicle may only circulate in Portugal, unless expressly authorised in writing by DRIVE 4 EVER LDA.
d) the vehicle may be equipped with a geo-location system for the purpose of preventing theft.
e) the vehicle may only be driven on tarmac roads and must never be driven off-road.
f) the vehicle may not be sublet or rented to third parties.
6. ACCESSORIES AND EQUIPMENT
a) the CLIENT is entirely responsible for the proper functioning of all accessories and equipment supplied by DRIVE 4EVER LDA.
b) upon return of the equipment and accessories, it shall be checked by DRIVE 4EVER LDA for any possible damages.
c) that the Client is liable in the event of damage, loss or theft of the equipment supplied, having to make a full payment to DRIVE 4 EVER LDA otherwise.
7. PAYMENT OF EXPENSES
a) the client expressly acknowledges the responsibility and commits to pay DRIVE 4 EVER LDA: the costs referring to the rental period; all fines, penalties, and legal expenses due to any road infractions; the repair and damage expenses caused by accidents that are not covered by the agreed insurance conditions. In case of toll charges, a restocking fee will be charged according to the price list.
b) in the event of loss of documentation, the CLIENT shall pay the amount shown in the price table so that DRIVE 4 EVER LDA may request new documentation. DRIVE 4 EVER LDA reserves the right to apply a processing fee.
8. INSURANCE AND OTHER COVERAGE
a) the hired vehicle is insured according to the legal provisions in Portugal (third party liability insurance).
b) in the event of an accident, the client agrees to proceed cumulatively as follows: take note of the address and identification of the parties and witnesses; not to admit liability for blame; not to leave the vehicle without taking the appropriate protective measures; to call the rental company’s office immediately, even in the case of minor injuries and to provide DRIVE 4 EVER LDA, within 24 hours, with a full description of the occurrence; to notify the police immediately if the fault of a third party is determined or in case of injury (call 112);
c) in a situation where the battery has no charge and where assistance is requested, a travel fee will be applied depending on the distance.
9. LIABILITY WITH PERSONAL OBJECTS
a) DRIVE 4 EVER LDA is not responsible for the loss of any items left, stored or transported by the customer or by any other person, in or on the vehicle, during the rental period and until its return.
b) the customers are obliged to always lock the vehicle with the means provided by DRIVE 4 EVER LDA.
10. ALTERATIONS TO THE CONTRACT
a) any additions or alterations to the CONTRACT will be considered null and void if they are not made in writing and signed by both parties.
11. PERSONAL DATA
a) authorization, collection, and processing of personal data, under the terms of Law nr. 67/98, of October 26th, is granted to DRIVE 4 EVER LDA, for contractual use with the CLIENT and also for the purpose of direct marketing by DRIVE 4 EVER LDA.
b) the CLIENT reserves the right to access, rectify, update the data and/or oppose their use for direct marketing purposes, by means of written communication to DRIVE 4 EVER LDA.
12. ADDRESS AND JURISDICTION
a) all notifications and citations made under the CONTRACT shall be sent to the addresses provided, both parties acknowledge as their permanent address for all legal purposes and are obligated to communicate if any changes of current addresses.
b) any matter of dispute shall be subject to the jurisdiction of the courts of the district of Faro.