1. GENERAL CONDITIONS

1.1 RF Rent-a-Car, Lda., headquartered at Rua Manuel Ferreira, 11, S. José, Ponta Delgada, Island of São Miguel, Municipality of Ponta Delgada, with NIPC 517 549 735, with Permit No. 06966 of 21/11/2024, designated as RENTAL COMPANY, rents motor vehicles duly identified under the particular conditions of the vehicle rental contract without driver, designated as CONTRACT, to the customer identified in the general conditions, referred to as the CUSTOMER, which will be governed by the following general terms and conditions:

2. DELIVERY AND RETURN OF THE MOTOR VEHICLE

2.1 To rent a vehicle, the CLIENT must present the following original documents when picking up the vehicle: national or international driving license for motor vehicles, citizen card or passport.

2.2 The CLIENT expressly assumes all responsibility for the rental of the vehicle and its driving in the territory, expressly declaring that he has all the necessary documents, including an international driving license, in case the possession of such a license is mandatory under the law. Unless the driving license has been issued by a European Union country, the CLIENT will have to obtain an International Driving Permit (IDP) or an international driving license to drive in Portugal.

2.3 The CLIENT undertakes to return the vehicle, in the same condition as received, as well as all documents, keys, accessories and equipment in good condition, at the end of the Rental Agreement.

2.4 In the event that the CUSTOMER does not return the vehicle within a period of more than two hours as previously provided for in the preparation of the Contract, the RENTAL FIRM has the right to inform the competent authorities, such as the Public Security Police, about the theft of the vehicle, unless the CUSTOMER previously and expressly informs the RENTAL FIRM of its option to extend the rental period of the vehicle.

2.5 Deliveries and returns of vehicles in the off-hours period will have an additional fee of 25€. This case occurs during the hours after the opening and closing of the RENTAL FIRM's stations.

2.6 The vehicles are delivered to the CUSTOMER with the tires properly in conditions of use, for reasons unrelated to improper use, the CUSTOMER undertakes to replace immediately and bear the costs, for the placement of the tire with the same characteristics and brand.

2.7 In the event of a misuse of the vehicle, the Contract will be terminated immediately, which will give the RENTAL FIRM the right to request the delivery of the vehicle by the CLIENT, at the expense of the current law.

2.8 Cleaning – On the date and time of vehicle pick-up, if excessive dirt is detected, the RENTAL FIRM may apply an additional fee of 25€. It is suitable for collections at night and/or in adverse weather conditions, where the vehicle inspection may not be adequate, in this case, the RENTAL FIRM will verify it within a maximum period of 24 hours after its collection.

2.9 The responsibility for damage, theft or theft of one's property is the sole responsibility of the CLIENT. If the vehicle is not delivered to an employee of the RENTAL FIRM, the RENTAL FIRM may charge the amount of the excess in its possession.

3. USE OF THE VEHICLE

3.1 The CLIENT has the obligation to take care of the vehicle, namely ensuring that:

  1. The CLIENT must comply with the Highway Code Law;
  2. The CLIENT has the obligation to use the vehicle properly, such as locking it up whenever he leaves it, and always leaving it in a safe place;
  3. The CUSTOMER must put the appropriate fuel and what is mentioned in the vehicle;
  4. The CLIENT has the obligation to immediately report any defect or anomaly to the proper and proper functioning of the vehicle;
  5. Smoking is prohibited inside the vehicle, in the event that any damage caused by this action is detected, the CUSTOMER will be charged.

3.2 Commitment to use the vehicle by the CLIENT, following situations:

  1. The CLIENT must be aware that he must not drive under the influence of alcohol, narcotics or any other substance, not allowed by law;
  2. Subject to the application of a fee to individuals under the age of 21 or over 75 years, or holders of a valid driving license for less than one year;
  3. Vehicles must not circulate on dirt land and/or on roads marked as prohibited to public traffic or with a load greater than the maximum load allowed or the maximum number of people indicated on the vehicle's registration certificate;
  4. Drive within speed limits;
  5. Do not park the vehicle in unauthorized or inappropriate places and subjected to damage;
  6. Do not leave personal objects visible inside the vehicle;
  7. Only carry the maximum number of passengers in the vehicles;
  8. SMOKING is prohibited inside the vehicle.

3.3 CUSTOMERS aged between 21 and 23 years old, and with at least 1 year of driving license, can rent with the RENTAL FIRM, for an additional payment of 20€ per day.

3.3 CUSTOMERS traveling with pets must only be transported under the conditions permitted by law. The transport of animals without special transport boxes is strictly prohibited. In the event of non-compliance with this policy, the customer will be responsible for all damages and costs associated with the necessary cleaning and repair.

3.4 The CLIENT is solely responsible for all fines and other penalties that may arise in the future from the Courts and Administrative Authorities. Administrative offences to the current Highway Code will be immediately sent to the competent authorities.

4. MAINTENANCE AND REPAIR OF MOTOR VEHICLE AND FUEL

4.1 In case of breakdown due to time of the vehicle, the CLIENT must immediately stop the vehicle and contact RENTAL COMPANY, RF RENT-A-CAR, LDA., through the contact (+351) 927 204 357.

4.2 The RENTAL FIRM will take all the necessary steps to make up for the damage of the vehicle; we will proceed to the proper replacement of the vehicle. If there is no availability of vehicles by the RENTAL FIRM, it will automatically refund you the remaining amount equivalent to the days not used during the rental.

4.3 All costs inherent to trailers, firefighters and others, derived from improper use of the vehicle, will be automatically charged to the CLIENT.

4.4 The vehicle is delivered with a certain amount of fuel and must be returned with the same quantity, otherwise the cost of the missing fuel will be charged to the market price. And in the case of fuel exchange, the CUSTOMER is responsible for the expenses inherent to the full replacement of the fuel tank, its disassembly and washing of the tank, engine tuning and other damages caused to the vehicle.

4.5 In case of loss of the vehicle keys or irreversible damage to it, the CLIENT expressly undertakes to pay 450€ (four hundred and fifty euros).

5. PRICES, TERMS AND PAYMENTS

5.1 The rental price is determined by the rate in force according to the group that the CLIENT chooses, payment may be made in advance or at the time of signing the contract. The CLIENT will also be available to the CLIENT, services and extras that can be purchased optionally.

5.2 In cases where the CLIENT requests the extension of the rental, he/she must request in case he/she does not automatically receive a new copy of the new Contract with the RENTAL FIRM. Being aware that you cannot circulate with any expired contract, under penalty of payment of a fine of 250.00€ attributed to the CLIENT and/or driver.

5.3 If the rental is not extended, the Contract terminates at the end of the term still in force, and if the CLIENT does not immediately deliver the vehicle, the CLIENT also undertakes to pay the RENTAL FIRM, in addition to the rental price:

  1. The amounts corresponding to the effective duration of the rental;
  2. The amounts corresponding to the damage resulting from an accident that has been caused, or in the event of theft or robbery not covered by the insurance. If such damage is covered by insurance, only up to the maximum amount of the respective deductibles;
  3. The amount of 100€ (one hundred euros) plus VAT, in case of loss of the vehicle's documents;
  4. Judicial and extrajudicial expenses, fines and other financial penalties, whatever their nature, arising from the violation of any legal rule attributable to the CLIENT or the vehicle during the rental period;
  5. Travel fee for roadside assistance, in case of damage, accident, puncture or assistance in the amount of 25€ up to a distance of 15 km from our headquarters, and 40€ for the entire distance of more than 15 km;
  6. If the RENTAL FIRM is notified, as a result of an administrative offence or unlawful conduct practiced by the CLIENT, to identify him, he undertakes to pay as administrative expenses, the amount of 50.00€ (fifty euros) for the information provided to the competent authorities;
  7. The expenses and costs incurred by the RENTAL FIRM to obtain the CLIENT's compliance with the provisions of the Contract, namely the collection of amounts that are due by the CLIENT to the RENTAL FIRM, under the terms legally provided;
  8. In the debits to be made, the tariffs in force at the time of the occurrence of the facts will be used.

5.4 Exceptional rates for the delivery and return of vehicles:

1. Fee of 15€ - For all SHUTTER services coming from João Paulo II Airport, with the pick-up location in park 5 – P BUS;

2. Fee from 15€ to 30€ - For deliveries and pick-ups at hotels outside Ponta Delgada;

3. All deliveries and pick-ups at Ponta Delgada hotels are free of charge.

6. INSURANCE COVERAGE

6.1 Included in the rental rate The CLIENT and/or the authorized driver of the vehicle enjoys car insurance with Basic coverage, which includes limited civil liability up to a maximum amount of 6,450,000.00€, which guarantees the payment of compensation for bodily and material damage caused to third parties as a result of a traffic accident. It also includes occupants, driver and passenger insurance.

6.2 The CLIENT and/or the driver is responsible for paying for all damages caused to the vehicle during the term of the contract, except in the case of liability being assumed by third parties in the event of an accident.

6.3 The CLIENT and/or the extra driver, as mentioned and duly authorized, may contract Extra Insurance Coverage:

6.3.1 Coverage may include, Vehicle theft, Own damage, Personal accidents and damage to headlights in normal use, and this requires an extraordinary payment previously contracted.

6.4 Incidents to the non-applicability of the Extra Insurance Coverage occur in the following cases:

  1. Improper driving by the CLIENT and/or extra driver, under the influence of alcohol, drugs or any other illicit substances;
  2. Failure to mobilize the vehicle immediately after any accident/incident situation, causing additional damage/breakdowns;
  3. In any case of accident, omission and failure to immediately inform the RENTAL FIRM, the police and/or other competent authorities;
  4. The improper use of the vehicle to load goods is expressly prohibited.
  5. Driving the vehicle on roads not marked on the official map of the territory, unpaved or bumpy (forest roads), on roads closed to public traffic, in industrial areas or when crossing watercourses, causing damage/breakdowns to the rented vehicle.
  6. Using the vehicle in an inappropriate manner (contrary to the manufacturer's warnings) or destructively, which is why it has caused damage to the engine, gearbox, wheels, tyres or interior of the vehicle.
  7. Allow, by his/her will or not, the driving of the vehicle by a person not authorized by the RENTAL FIRM through the Contract, a fact proven through Official Documents issued by the competent authorities after the accident/incident.
  8. Fill the vehicle with fuel other than that indicated by the manufacturer and marked on the outside of the filler cap, a fact that determines the CUSTOMER's obligation to incur the costs explained in clause 4.4.
  9. Losing the keys. The customer will be obliged to pay the fee specified in clause 4.5.
  10. Damage under the vehicle, rims and tires.

6.5 In the event of an accident, even with the delivery of the DAAA (Friendly Declaration of Motor Accident), the CLIENT is responsible for paying for the damage caused to the vehicle up to the maximum amount of the excess in force during the period of the Contract, unless the responsibility is assumed by a third party.

6.6 The coverage of the extra insurance will be covered by the CLIENT and/or authorized drivers under penalty of total cancellation of the coverages contained in this article, and the provisions of this article will also be null and void in the event of an accident caused by negligence, drunkenness, use of narcotics, driving on dirt roads or non-compliance by the CLIENT and/or drivers with all the general conditions of the rental and the rules of the Highway Code and applicable legislation, and the insurance coverage is also cancelled if the CUSTOMER does not return the keys to the vehicle to the RENTAL FIRM in case of theft and/or robbery.

6.7 In case there is damage to the top, bottom, interior of the vehicle, tires and rims, the CUSTOMER will have to make the payment in the same where the insurance is automatically null because there is no best in case of any collision.

6.8 If the CLIENT has deliberately provided the RENTAL FIRM with false information, namely regarding his identity, address, e-mail address, telephone contact or validity of the driving license, the RENTAL FIRM reserves the right to pass on to the CLIENT all the increased costs incurred as a result of such statements, without prejudice to the criminal liability that may fall to the case.

6.9 Motorcycle Insurance: The CLIENT and/or the authorized driver participate as insured in an insurance policy that covers limited civil liability up to a maximum amount of 6,450,000.00€, in accordance with the laws in force in the Country. It also includes occupant insurance for the passenger only.

6.10 The CLIENT is responsible for paying for all damages caused to the Motorcycles. At the time of rental, the CUSTOMER leaves a deposit of 400.00€, which will be used to pay for any damages, on Motorcycles there is no EXTRA insurance option, if the damage is greater than the amount of the deductible, the CUSTOMER will have to pay it.

6.11 The daily value of insurance with extra coverage (CDW/SCDW) varies according to the vehicle group, which is in the rate.

6.12 Security deposit in force for vehicle rental:

1. BASIC – Civil Liability Insurance – Deposit/Security Deposit is 700.00€ and deductible of 700.00€;

2. SMART - CDW Insurance (CDW) – Deposit/Security Deposit is 400.00€ and deductible 400.00€

3. SMART – Super CDW Insurance (SCDW) – Deposit/Security Deposit is 100.00€, in this option there is no excess

6.13

Insurance rate:

7. ACCIDENTS 

7.1 In the event of an accident, the CLIENT undertakes to adopt the following procedures:

7.2 Immediately report to the RENTAL FIRM and the police authorities any accident, theft, robbery and/or fire, even partial.

7.3 Do not leave the scene of the accident, theft, robbery and/or fire before the arrival of the police authorities under any circumstances, under penalty of being charged the costs and damages resulting from the act that occurred, and the coverage resulting from the excess reduction service eventually contracted will not have any effect in case of non-compliance with this clause.

7.4 The CLIENT has the obligation to report the circumstances that occurred in the accident to the police authorities, such as the date, time, place, name and address of the witnesses, name and address of the owner of the driver of the third vehicle involved, the registration, brand and data of the insurance company, namely the policy number, is essential.

7.5 Undertaking not to declare itself responsible or guilty of the accident with a third party, under penalty of the RENTAL FIRM exercising its right of recourse over it.

7.6 All damages resulting from misuse of the vehicle, all expenses inherent to the repair and compensation corresponding to the time of stoppage of the vehicle will be charged, the following situations are still the sole responsibility of the CLIENT:

  1. Accident due to speeding;
  2. Accident caused by driving under the influence of alcohol, drugs or consumption of any other substance;
  3. The CLIENT is responsible for any and all violations of the current highway code;
  4. All costs for improper driving on unpaved roads, such as dirt and/or agricultural roads will be charged.

8. CANCELLATION POLICY

8.1 All cancellations of reservations are accepted up to a maximum of 48 hours before the date of the same, and it is necessary to send the cancellation request by email, you must send it to the email booking@rfrentacar.com, and your reservation ID must be included.

8.2 The RENTAL FIRM will refund the amounts after registering the request to cancel the reservation. The refund will be made by the same means of payment or by bank transfer within 48 hours.

8.3 The RENTAL FIRM, after the beginning of the contract, will not refund the amounts paid, in the case of early return of the vehicle.

8.4 In case of vehicle breakdown, in which it is verified that the CLIENT is not at fault, the RENTAL FIRM, upon availability, will replace the vehicle. If this is not possible, the remaining amount of the rental time will be refunded.

8.5 In case of flight delay or postponement, the amounts previously presented by the RENTAL FIRM will not be discounted or withdrawn. In this case, the CLIENT must charge the costs to the airline.

9. PERSONAL DATA

9.1 In accordance with the provisions of the personal data protection legislation, the RENTAL FIRM, in its capacity as data controller, will process the CLIENT's personal data for various purposes, namely, (a) CLIENT management. (b) Compliance with legal obligations (Decree-Law No. 181/2012 of 6 August, and 15/88 of 16 January).

9.2 For these purposes of the execution of the Agreement, the CLIENT expressly and unequivocally authorizes the RENTAL FIRM to proceed with the respective collection and processing of the following categories of personal data: name. telephone and/or mobile phone number, gender, age, address, location, country, tax identification number, citizen card or passport number and its respective date of issue/expiration, driving license number and its respective date of issue, email and bank details, for the purposes of your identification as a CUSTOMER and/or the drivers of the rented vehicles.

9.3 The CLIENT authorizes that, in the event of non-compliance with the Contract, the RENTAL FIRM transmits his/her personal data to ARAC (Association of Driverless Car Rental Industries), for inclusion in the Database of non-compliant CLIENTS, which is duly authorized by the National Data Protection Commission.

9.4 For the purposes of entering into the contract, managing the contractual relationship, namely, the steps prior to the formation of the contract and the declaration of the will to negotiate carried out, as well as the pursuit of the legitimate interests of the RENTAL FIRM, the CLIENT expressly authorizes the RENTAL FIRM to make the physical and/or digital reproduction of the citizen card/identity card/passport, as well as the driving licence, as well as to keep the respective reproductions during the rental time.

9.5 The personal data collected will be kept by the RENTAL FIRM, for the period strictly necessary to pursue the purpose for which they are intended, in accordance with the provisions of Law No. 67/98, of 26 October.

9.6 The RENTAL FIRM may communicate the collected data to the police and/or judicial authorities, in case of request due to violations of the Highway Code and for reasons of criminal investigation, and (c) to ARAC for inclusion in the database in case of non-compliance.

9.7 The RENTAL FIRM, as responsible for the processing of personal data, assures the CLIENT the exercise of the rights provided for in Law No. 67/98, of 26 October, namely, the right to opposition, rectification and elimination, which must be done by email booking@rfrentacar.com or by registered letter to Rua Manuel Ferreira, 7, 9500-224, parish of São José, municipality of Ponta Delgada.

9.8 In accordance with Decree-Law No. 181/2012, paragraph e) of paragraph 7 of article 9, the conclusion of this Rental Agreement is not dependent, under penalty of nullity, on the CLIENT's consent to the use, in any way, in databases of defaulting customers and on their communication to ARAC, of the personal data provided under this Agreement.

10. FINAL PROVISIONS

10.1 The Parties expressly agree for legal/judicial purposes, namely for service in connection with the Contract, as their addresses listed in the Contract.

10.2 For all disputes arising from the Contract, the jurisdiction of the District of Ponta Delgada is stipulated, with express waiver of any other, unless otherwise provided by mandatory procedural law.

10.3 The CLIENT accepts the Particular and General Conditions of this Agreement, which have been explained to him in a timely manner, having been aware of his rights and obligations, which he undertakes to, observe and respect.

10.4 The CLIENT is informed that in the event of a dispute he may appeal to the National Center for Information and Arbitration of Consumer Conflicts. The RENTAL FIRM is not bound by adhesion or legal imposition resulting from necessary arbitration, to any alternative dispute resolution entity More information on the Entities available for the promotion of out-of-court resolution of national and cross-border disputes under Law No. 144/2015 of 8 September, when they are initiated by a consumer against a supplier of goods or service provider and respect contractual obligations resulting from purchase and sale contracts or the provision of services, entered into between established suppliers of goods or service providers and consumers residing in Portugal and the EU, consult the Consumer Portal ( https://www.consumidor.gov.pt/) or ACRA – Consumers Association of the Azores Region, Rua de São João, 9500-022, parish of São Sebastião, municipality of Ponta Delgada, Telephone: (+351) 927 394 721.