Terms and Conditions

1. VEHICLE DELIVERY AND RETURN

1.1 The renter declares that, on the date of signing this agreement, they received the vehicle in good condition and clean, properly equipped with a warning triangle, tools, reflective vest, and spare wheel, along with the corresponding documents, and in the condition described in the joint inspection document made at the time of signing the contract, referred to as the “check-out”, which is attached to this agreement.
1.2 The renter undertakes to return the vehicle in the same condition in which it was received, except for wear and tear resulting from prudent use, at the place and on the date specified in the specific terms of this contract.
1.3 If the vehicle is used in violation of the contract, the rental company may terminate the agreement, and the renter is obliged to immediately return the vehicle to the indicated location. Otherwise, the vehicle may be repossessed at the renter’s expense, in accordance with the law.
1.4 Any extension of the rental period must always be made in writing and formalized through an addendum to this agreement. Therefore, if the renter wishes to extend the rental period, they must go to the rental company’s premises before the initial rental period ends, in order to formalize the extension, which is subject to the rental company’s approval.
1.5 The rental company is not responsible to the renter or any passenger for the loss of or damage to personal belongings left in the vehicle, whether during or after the rental period.
1.6 The vehicle will only be considered returned after a physical inspection by the rental company and the return of the vehicle’s keys and documents by the Client.
1.7 If the physical inspection is not carried out at the time of return, due to reasons attributable to the Client (e.g., vehicle abandonment, return at an unauthorized location), the Client agrees to accept the condition report made by the rental company after inspection and authorizes the rental company to charge any damage or losses to the vehicle to the credit card used for the initial payment and deposit.

 

Joint Inspection Document conducted at the time of signing the contract, referred to as “check-out”, and attached to this agreement.

1.1 Both at the pick-up and return of the Vehicle, the Rental Company and the Renter must carry out a joint inspection to verify the condition of the vehicle, and any visible damage must be recorded in the specific terms of the contract.
1.2 If the Renter identifies any apparent defect or damage that is not mentioned in the Rental Agreement, they must ensure that it is recorded in the document and signed by both the Rental Company and the Renter. If no such mention is made, it is presumed that the Vehicle was delivered to the Renter in the condition stated in the Rental Agreement, and the Renter will be charged for any new damage identified by both the Renter and the Rental Company upon return of the Vehicle, according to the list of damages and average repair costs available at the rental company’s premises, which was shown to the Renter and which the Renter acknowledges to be aware of.

1.3 At the time of the Vehicle’s return, any new minor damages that may have occurred to the Vehicle must be recorded in the Rental Agreement, which must be signed by both the Rental Company and the Renter. Whenever possible, the Renter should validate the new damage(s) to the Vehicle at the time of return by signing again in the corresponding field of the Rental Agreement. The repair of the new minor damage will be charged to the Renter in accordance with the damage and average repair cost list.

1.4 The cost of the repair will be directly invoiced to the Renter by the Rental Company under the terms provided in this article.

1.5 In case of deterioration and/or loss of any of the tires (for reasons other than normal wear, incorrect installation, or manufacturing defect), the Renter agrees to replace it immediately, at their own expense, with another tire of identical characteristics, brand, and model, unless such deterioration and/or loss results from a traffic accident, theft, or vandalism, in which case the provisions of Article 6 of these Terms and Conditions shall apply.

2. VEHICLE USAGE

2.1 The Renter must use the vehicle in a normal and prudent manner, ensuring it is properly locked and parked in a secure location when not in use, refuel it with the appropriate type of fuel, check tire pressure, and monitor water and oil levels.
2.2 The Renter is prohibited from altering any technical feature of the Vehicle, its keys, equipment, tools, or accessories, as well as from making any changes to its appearance and/or interior (unless expressly authorized in writing by the Rental Company). In the event of a violation of this article, the Renter will bear the duly justified and documented expenses necessary to restore the vehicle to its original condition.
2.3 Only the person(s) identified in the specific terms of this contract are authorized to drive the vehicle.
2.4 The Rental Company reserves the right to refuse to rent the vehicle if the person indicated by the Renter to drive it does not present a valid and current driver’s license at the time the vehicle is handed over.
2.5 The Renter undertakes not to use or allow the use of the vehicle in the following situations:
a) To transport passengers or goods in violation of the law;
b) For sports competitions or training, whether official or not;
c) By any person under the influence of alcohol, narcotics, or any substance that directly or indirectly impairs perception or reaction time;
d) By persons who are not authorized drivers, i.e., not identified in the contract or in an annexed document;
e) To carry more passengers than allowed, as stated in the Vehicle Registration Document;
f) Outside Portuguese territory, unless expressly authorized by the Rental Company.
2.6 The Renter is prohibited from assigning, subleasing, mortgaging, selling, or in any way offering as security the Rental Agreement, the Vehicle, its keys, documents, equipment, tools, or accessories, or any of its parts or components.
2.7 If, in accordance with applicable legal provisions, the Renter fails to identify the driver of the Vehicle, if it is impossible to identify the driver, or if incorrect identification is provided, the Renter is liable for the payment of any fines or penalties that the Rental Company may incur, as well as for any and all violations committed during the rental period.
2.8 If any warning lights appear on the dashboard indicating a malfunction or irregularity in the Vehicle’s operation, or if any external signs of malfunction are noticed, the Renter must stop the Vehicle as soon as possible and contact the Rental Company and/or the roadside assistance service indicated in the Rental Agreement. Repairs may only be carried out with the prior express consent of the Rental Company and in accordance with the instructions given.
2.9 In the event of a breakdown that prevents the Vehicle from continuing to operate, the Renter must contact the Rental Company.
2.10 Any towing expenses resulting from proven misuse of the vehicle by the Renter shall be the Renter’s responsibility.
2.11
2.12 The Renter is liable to the Rental Company for all damages resulting from the breach of any of the obligations set forth in this article and/or from usage beyond what was agreed upon. In such cases, any optional insurance coverage or additional services contracted will become void. These situations also entitle the Rental Company to terminate the Rental Agreement and to demand, without prior notice, the immediate return of the Vehicle, as well as to invoice and charge amounts in accordance with Article 4 of these Terms and Conditions.

3. PRICE AND PAYMENTS

3.1 The Renter agrees to pay the Rental Company the price agreed upon in the Rental Agreement, which was determined based on the rental duration, insurance, equipment, additional services, as well as applicable taxes and fees, all in accordance with the current price list of the Rental Company.
3.2 The rental price is stated in the specific terms of this agreement and is based on the current price list (with respect to services, taxes, insurance, and/or optional waivers) and the price agreed upon with the Renter at the time of signing the Rental Agreement, according to the selected rate.
3.3 The rental price includes the cost of mandatory third-party liability insurance and applicable taxes. This price does not include the cost of optional insurance or coverage regulated under Articles 6 and 7 of these Terms and Conditions, which must be expressly contracted by the Renter, if applicable, and the corresponding cost will be added to the rental price.
3.4 The rental period will be as stated in the Rental Agreement and will be charged in minimum periods of 24 hours, starting from the time the Rental Agreement is formalized. A grace period of 1 hour is allowed, after which additional hours will be charged according to the current price list.
3.5 Under no circumstances may the deposit or security paid at the beginning of the rental be used to extend the rental period. If the Renter wishes to keep the Vehicle beyond the initially agreed rental period, they must first obtain authorization from the Rental Company, as provided in clause 1.4 of this agreement, and immediately pay the required additional security deposit for the extension, as per the current price list.
3.6 The Renter agrees to return the Vehicle to the Rental Company at the agreed date, time, and location stated in the Rental Agreement. Returning the Vehicle at a different place or time than originally agreed may incur additional costs or changes in the rental price. The rental is only considered completed once the Vehicle and its keys are received by the Rental Company.
3.7 Security Deposit at the Start of the Rental: In all cases, the Renter must provide the Rental Company, prior to the rental, a deposit corresponding to the vehicle category, in accordance with the schedule available at the rental station. This deposit serves to guarantee the Renter’s payment obligations and may be made via a credit card accepted by the Rental Company or in cash.
3.8 Notwithstanding the above, if the Renter chooses to pay using a credit card, the Rental Company will request, prior to the rental, an authorization from the credit card issuer for the deposit amount to secure payment obligations. This amount will be held at the request of the Rental Company at the time of rental. Upon return of the Vehicle, the rental fee and any other charges mentioned in clause 4.1, if applicable, will be charged to the credit card unless another payment method is presented. The initial credit card authorization will then be canceled.
3.9 If the Renter opts to pay in cash, after the Vehicle is returned and the Rental Agreement ends, the deposit will be returned to the Renter after deducting the cost of the rental services, provided all payment obligations were met.
3.10 The Rental Company may also charge the Renter for services rendered due to incidents occurring during the rental or due to misuse of the Vehicle, including (but not limited to):
a) All charges related to deductible waivers, personal accident coverage, collision and rollover coverage, theft protection, contracted by the Renter, according to the rate or fees specified in the contract;
b) The cost of damage and/or theft, whether total or partial, to the Vehicle, not covered by the contracted insurance;

Note: Damage charges will be calculated based on the parts price list available at the Sobreicar rental location. In any case, the Renter’s maximum liability will not exceed the value of the Vehicle, as specified in the applicable maximum deductible.
c) Charges for loss of vehicle documents, key loss or damage, calculated based on the brand/model and current rate at the time of occurrence;
d) Charges for tire replacement outside normal wear, punctures, damaged clutches, wheels, tools, interior, and damage to the upper or lower parts of the Vehicle (if no collision occurred);
e) Costs for extra cleaning service, due to the Vehicle being returned in an excessively dirty condition, up to a maximum of €100;
f) Costs of repairing new damages caused during the rental. “New damages” are those not recorded at the start of the rental (check-out section);
g) The cost of contracted coverage and extras, as outlined in the contract;
h) Charges for returning the Vehicle to a location other than the one specified in the agreement, without prior written consent from the Rental Company;
i) Costs from fueling the Vehicle with the wrong type of fuel, including full fuel replacement, tank removal and cleaning, engine tuning, and related damages;
j) All costs incurred by the Rental Company in collecting overdue payments from the Renter arising from this contract;
k) The amount of any fines resulting from violations of applicable laws, especially the Highway Code, as well as late fees and any legal or extrajudicial costs incurred by the Rental Company;
l) A fee of €100 plus VAT, in case of theft, loss, or damage to the GPS or touchscreen system rented as special equipment;
m) Up to €50 plus VAT for administrative costs related to processing penalty or toll violation cases. This fee is per case initiated by authorities during the rental (in addition to the actual fine or toll, which remains the Renter’s responsibility);
n) Costs related to roadside assistance services used during the rental for incidents caused by: (i) error, negligence, or misuse of the Vehicle by the Renter, (ii) loss or theft of keys, (iii) lack of fuel or refueling with the wrong type of fuel, or (iv) retrieving the Vehicle from unsuitable or off-road locations;
o) The cost of missing fuel if the Renter fails to return the Vehicle with a full tank or with the same fuel level as at the beginning of the rental, to be calculated based on the fuel price at the time of return.

3.11 The amounts referred to in the previous items will be calculated based on the price list in effect at the time of the occurrence.
3.12 If the Rental Company is notified due to a traffic violation or unlawful act committed by the Renter, the Renter agrees to pay €20 as an administrative fee for providing identification details to the relevant authorities. In the event of an accident, the Renter will pay an administrative fee of €50 for handling the related process.

3.13 Payment Method
The Renter shall pay the rental fee using:
a) Credit card;
b) Cash.

4. ARTICLE
THIRD-PARTY LIABILITY INSURANCE

4.1 By entering into this contract, the Renter adheres to Third-Party Liability Insurance in the amount of €. DEDUCTIBLE. and the corresponding roadside assistance, which is already included in the daily rate.
4.2 These coverages are guaranteed and provided by the insurance company with which the Rental Company has subscribed the respective insurance policy, and are subject to applicable law and the terms of said policy.
4.3 By signing the Rental Agreement, the Renter agrees to be bound by the provisions of that insurance policy.
4.4 This policy does not cover any damage, loss, or other harm caused to luggage, goods, or personal belongings transported in the Vehicle, nor does it cover the loss or partial/total damage to the Vehicle resulting from theft, vandalism, or traffic accidents.

4.5  In the event of an accident or any other claim, the Renter agrees to undertake the following actions:
a) Immediately report to the Police Authorities any accident, theft, robbery, or other incidents;
b) Contact the Rental Company immediately and provide a detailed accident report, including the police report issued by the authorities;
c) Obtain the names and addresses of all parties involved and any witnesses, and properly complete the European Accident Statement (DAAA) to be submitted to the Rental Company within a maximum of 24 hours;
d) Not abandon the Vehicle without taking appropriate measures to protect and safeguard it;
e) Not assume any liability on behalf of the Rental Company;
f) In the event of theft or robbery of the Vehicle, it is essential to provide official proof of the complaint filed with the police, duly stamped by the authority, along with the return of the Vehicle’s key.

4.6 In the event of an accident, theft, or robbery of the Vehicle under this contract, the Renter is responsible for a deductible amount depending on the type of insurance contracted, relating to the damage to the Vehicle.

4.7 Regardless of the insurance contracted, in the event of an accident caused by speeding, negligence, driving under the influence of alcohol, drugs, or any substance that impairs driving ability, as well as damages resulting from misuse of the Vehicle, including:

  • a) poor road or path conditions not involving a collision;
  • b) damage caused by mud, tar, or other road construction materials;
  • c) damage intentionally caused by the Renter;
  • d) damage intentionally caused by the passengers;
  • e) any violation of traffic rules stated in the Highway Code,

the Renter shall be fully liable for all repair costs and compensation for the downtime of the damaged Vehicle.

ARTICLE 5.
INSURANCE AND COVERAGES

  1. The Vehicle is insured in accordance with the legal provisions of the country — third-party liability insurance. Coverage also includes CDW (Collision Damage Waiver), which covers all damages to the Vehicle in the event of an accident by collision, with the Renter being subject to payment of a deductible that varies according to the type of vehicle.

The Renter may also opt for the following additional coverages:

  • a) Super CDW – reduces the deductible in exchange for an additional fee;
  • b) TW (Theft Waiver) – covers theft and/or robbery of the Vehicle;
  • c) PAI (Personal Accident Insurance) – covers personal accidents, with maximum amounts of €1,500 in case of illness or hospitalization and €15,000 in case of death or disability;
  • d) WDW (Windscreen Damage Waiver) – covers damage to glass (including breakage).

3 – 4. The Vehicle is covered under CDW and/or Super CDW only during the rental period agreed in the contract, except where such period is extended under the terms of these General Conditions. The Rental Company expressly declines all responsibility for any accidents caused by or resulting from the Renter’s use of the Vehicle beyond the rental period, for which the Renter shall be solely and exclusively liable.

ARTICLE 6.
OPTIONAL COVERAGES

6.1 CDW (Collision Damage Waiver)
a) CDW is an optional service provided directly by the Rental Company, which exempts the Renter (except for the deductible amount) from financial liability for damage caused to the Vehicle resulting from a road accident, excluding acts of vandalism, provided it is contracted.
b) If CDW is not contracted, the Renter will be financially responsible for damages caused to the Vehicle, in accordance with the provisions of Article 4.1 b) of these Terms and Conditions.
c) CDW only applies if the Renter submits the duly completed European Accident Statement (DAAA) relating to the accident, including the details of the vehicles and drivers involved, and the conditions and circumstances in which the accident occurred.

6.2 CDW Coverage: Specifications
a) The current price list establishes the minimum amount (deductible) to be borne by the Renter for damages or losses caused to the Vehicle, which is not covered by CDW.
b) CDW does not cover, under any circumstances, damage to the Vehicle (regardless of its category) resulting from driving the Vehicle:

  • when it is overloaded, beyond the authorized limit (as per the Vehicle Registration Certificate and/or the Vehicle’s Technical Specifications);
  • in areas such as beaches, unsuitable roads, forest trails, mountains, etc., which are not paved or authorized roads;
  • from hitting rocks, potholes, or other objects on the road;
  • wheel and tire damage resulting from parking maneuvers;
  • due to flooding or similar incidents when parked in areas such as streams, ravines, or unpaved watercourses;
  • or in any case, when the Vehicle is not properly parked in paved areas specifically designated for parking.
    c) CDW coverage does not apply in cases of violation of these Terms and Conditions by the Renter, particularly in breach of Article 1.1, such as when the accident occurs due to:
  • failure to comply with traffic signs (e.g., STOP signs, yield, red lights, wrong-way driving);
  • or failure to maintain a safe following distance.
    d) CDW coverage does not apply if the cost of repairing damage or partial theft is less than or equal to the deductible established in the current price list for the Vehicle class/group. In such cases, the cost up to the deductible limit will always be borne by the Renter.
    e) CDW coverage does not apply if the Renter fails to submit the duly completed and signed European Accident Statement (DAAA) to the Rental Company within 24 hours of the accident, except in duly justified force majeure situations and, in any case, always before the end of the rental period.
    f) CDW does not cover, under any circumstances, loss, theft, or damage to objects, goods, or baggage transported, stored, or placed in the Vehicle by the Renter or any of its occupants.
    g) In all cases where CDW does not apply under these Terms and Conditions, the Renter shall be liable for all repair costs to the Vehicle, as per Article 4.1 b) above.

ARTICLE 7
MAINTENANCE AND REPAIRS

  • 1 Mechanical maintenance resulting from the normal use of the Vehicle is the responsibility of the Rental Company. Any expenses for minor repairs carried out by the Renter (e.g., bulbs, fuses, oil replenishment) that exceed €25.00 (twenty-five euros) require prior authorization from the Rental Company and, regardless of the amount, will only be reimbursed upon presentation of a valid invoice issued in the name of Sobreicar Unipessoal Lda., with VAT number 500 908 230.
  • 2 The Renter agrees to present the Vehicle at the Rental Company’s premises every 1,000 kilometers driven for a check-up. Failure to comply with this obligation will result in a penalty of €100.00 (one hundred euros) for every additional 100 kilometers driven.
  • 3 If the Vehicle becomes immobilized due to a mechanical breakdown, the Renter must contact the Rental Company or the roadside assistance service indicated in the Rental Agreement. Only repairs performed by the mentioned assistance company will be accepted, and only in emergency situations and when expressly authorized by the Rental Company.
  • 4 In rentals lasting more than one month, the Renter must return the Vehicle to the Rental Company every 30 days for routine maintenance, at the location previously agreed for the Vehicle’s return.

ARTICLE 8
FUEL

  • 1 The fuel consumed by the Vehicle during the rental period is the responsibility of the Renter.
  • 2 The Renter must refuel the Vehicle with the correct type of fuel. If refueled with the incorrect fuel — including fuel contaminated with water or other foreign substances — the Renter will be liable for all costs related to transportation and/or repair of the damage caused to the Vehicle
  • 3 The Renter must return the Vehicle with a full fuel tank or with the same fuel level as at the time of pick-up. Otherwise, the cost of refueling will be charged as described in Article 9.

ARTICLE 9
TOLLS AND FINES

  • 1 The Renter is responsible for paying all toll charges arising from the use of Portuguese road infrastructure, as well as any fines and/or penalties imposed during the rental period, whether resulting from infractions or administrative offenses.
  • 2 The rented Vehicle is equipped with an electronic device, owned by the Rental Company, that allows automatic payment of tolls on roads using electronic toll systems. The Renter is responsible for ensuring the proper use and condition of the Via Verde transponder and may not under any circumstances remove it from the windshield. In case of loss, damage, or misplacement of the device, the Renter must pay a penalty of €50.00 (fifty euros).
  • 3 Subscription to the Via Verde management service allows the Rental Company to determine the toll charges incurred by the Renter during the rental period, make the payment to the toll operator, and request reimbursement from the Renter.
  • 4 For reimbursement purposes, the Renter must provide a valid credit card, ensuring that the associated bank account has sufficient funds to cover the due payments.
  • 5 Failure to subscribe to this service makes the Renter fully responsible for paying all toll fees and related administrative costs directly to the toll operators during the rental period. Non-compliance may result in a fine under Law No. 25/2006 of June 30.

ARTICLE 10
PERSONAL DATA

  1. The personal data contained in this contract will be processed electronically by the Rental Company in its customer database. The data will be used exclusively for the execution of this contract and to comply with the administrative and legal obligations arising from its signing and the completion of the intended transaction.
  2. The Rental Company may use any personal information provided, including that of any authorized driver, for the purpose of providing rental services, namely to verify identity, collect payments, monitor fraud, and manage any situations before, during, or after the rental period.
  3. In accordance with applicable law, the Renter may, at any time, consult and/or request the updating and correction of their personal data. To do so, a written request must be submitted to the Rental Company at the following address:
    Rua Américo Franco, no. 8, Sobreiro, 2640-578 Mafra
  4. The Renter declares, freely, specifically, informedly, and explicitly:
    • I acknowledge that the Vehicle may be equipped with a geo-location device (GPS) and/or touch screen, which may be used in the event of a contractual breach, theft, or border crossing.
    • I authorize that, in the event of non-compliance, my personal data may be communicated to ARAC (Association of Car Rental Companies without Driver) for inclusion in databases of defaulters and later shared with its member companies.
    • I do not authorize my data to be used for direct marketing
    • I have read and agree to these Terms and Conditions.

The Renter may revoke consent for the use of their data for communication and marketing purposes at any time.

  1. The Rental Company will only disclose personal data to third parties as permitted by law and only to legally competent entities, such as the police, ANSR (National Road Safety Authority), toll collection entities, debt recovery entities (including lawyers), and other relevant organizations.
  2. The personal data collected will be retained for the period necessary to fulfill the purposes for which it was collected, without prejudice to longer retention periods required to respond to complaints and/or the exercise of rights, including legal actions.
  3. As the data controller, the Rental Company commits to complying with data privacy laws and to process personal data solely for the purposes for which it was collected, ensuring that appropriate security and confidentiality measures are in place.

ARTICLE 11
CONVENTIONAL DOMICILE

The parties agree that the addresses provided in this contract shall serve as their official contact addresses, particularly for purposes of service of process or legal notifications.

 

ARTICLE 12
INFORMATION AND CLARIFICATIONS

The Renter acknowledges that all clauses of this contract were communicated and explained to them in a timely and clear manner and that they are fully aware of the terms, thereby signing this contract in full agreement.