GENERAL RENTAL CONDITIONS

1. CONDITION OF THE CAR AND ITS RETURN

1.1 The Customer declares and acknowledges that the Car is rented in good working order and without any apparent defects over and above those described in the "Estado da Viatura”, which is an integral part of this contract and which here it is considered to be fully reproduced for all purposes.

1.2 The Customer acknowledges that it is his obligation to return the Car in the same conditions as it was delivered, with the respective documents, spare parts, accessories and equipment, which are delivered to him on the present date.

1.3 The Car must be returned to the same XTRACARS representative who proceeded with its delivery, unless the contract stipulates otherwise.

 

2. CONDITIONS OF USE

2.1 The Customer must ensure the conservation of the Car’s condition and use the necessary safety devices of the car, guaranteeing prudent and adequate use, always ensuring that it will be locked and in a safe place when not being used.

2.2 The Customer must refill the car with the appropriate.

2.3 The Customer may not use or allow the use of the car under the following circumstances:

a) To commercial transport of goods or passengers;

b) To transport of goods, even if free of charge, in violation of any legal provision;

c) To tow and / or push any vehicle, trailer or other object;

d) To participate in sports events;

e) If the driver is under the influence of alcoholic beverages, drugs or any other substance that, directly or indirectly, reduces his perception and ability to react;

f) In violation of any traffic rules;

g) Any person other than the authorized driver under the terms of this Contract, or, even if he is not, does not fulfill the minimum requirements required by XTRACARS for the rental, regarding the age and validity of the Driving License, in which case the Customer will be directly responsible to XTRACARS and shall indemnify the latter under legal and contractual terms;

h) Outside Portuguese territory, without prior authorization from XTRACARS.

2.4 - The Driver is forbidden to smoke inside the Car, and the evidence of such conduct implies the payment by the Client of the respective penalty (provided for in the price list).

 

3. CUSTOMER RESPONSIBILITIES AND CHARGES

3.1 Over and above the terms of the present Contract, the Customer has the following additional obligations:

a) Make the payment of the Car Rental in accordance with the rates agreed, regarding additional costs of airport tax, road tax, national and international deliveries and collections, young driver and the options described in the Rental Contract that will be subscribed by the Customer.

b) Take full responsibility and assume:

I) Fuel cost, depending on the contracted fuel policy: 

1. "Car refuelling service": The Customer is obliged to return the car with the same level of fuel as at the time of its collection, as detailed in the document "Vehicle Status", and in the case that the car is returned with a smaller amount of fuel, XTRACARS will charge the costs provided for in the "Public Tariff", available for consultation at all XTRACARS stations, as well as at www.XTRACARS.pt, plus the value of the missing fuel, calculated according to the price on the return date;

or

2. "Pre-paid fuel deposit":  The Customer pays the amount of a full deposit at the time of collection of the Car, being able to return the Car regardless of the level of fuel and without having to make any additional payment, and will not be refunded for any unused fuelII) The costs bear by XTRACARS due to the removal of inappropriate fuel in the Car as well as the eventual repair for the damages caused with inadequate refueling;

II) The costs bear by XTRACARS due to the removal of inappropriate fuel in the Car as well as the eventual repair for the damages caused with inadequate refueling;

III) The costs of issuing the Car documentation, in case of stolen or loss by the Customer;

IV) Taxes applicable in accordance with the Legislation, throughout the term of this Agreement;

V) The costs of replacing damaged tires resulting from abnormal use of the Car or as a result of accidental punctures;

VI) The eventual penalty resulting from the violation of the smoking forbiddance inside the Car;

VII) The possible penalty for the use of the Car outside Portuguese territory, without prior authorization from XTRACARS;

VIII) The cost of the delivery service of the Car at another XTRACARS representative than the conclusion of the rental contract;

IX) The Accident management fee, corresponding to the administrative costs arising from the management of accidents, as well as the costs of stopping the Car during the damage repair period, which are due for each accident that occurred, except in cases where it is included in the rental rate provided and in cases where the damages are not the result of the Customer's fault or negligence, or when the amount of the damage is lower than the amount fixed for the Fee;

X) The possible compensation for the damage caused by early termination based on rental period, according to the tariffs in force and the products chosen by the Customer;

XI) All the amounts due for toll charges from circulation on the roads’ infrastructures that toll charges are mandatory.

XI) All expenses, fines or other charges for the immobilization of the Car, when it is apprehended by police authorities as a result of any unlawful acts whose responsibility is attributed to the Customer, including the illegal transportation of goods;

XII) All fines, judicial or extrajudicial expenses, penalties for traffic violations or violations of the law attributed to the Car or to the Customer, plus the administrative costs for the identification to the authorities, during the term of the present Rental Agreement, unless it were due to actions taken or oversight by XTRACARS;

XIII) All expenses, including legal fees and lawyers' fees under contract to obtain payment of any amount that, under this Agreement, is due by the Client.

3.2 In addition to the provisions of 3.1 above, the Customer will be liable to XTRACARS, after claiming it, for costs and losses, including but not limited to repair costs, depreciation, lost profits, towing costs and vehicle collection:

a) for all the damages caused to the Car during the term of the Rental, with the exception of that damage specifically mentioned and described in the "Estado da Viatura” document;

b) for robbery, theft, or loss of the Car.

3.3 Without prejudice to the terms of the following paragraph, the Customer’s liability for the occurrence and repair of any damages will be limited to the maximum amount of the excess, calculated in accordance with the prices in place at the beginning of the Rental, not including towing and vehicle collection, which are the full responsibility of the Customer.

3.4 The Customer may limit his liability to XTRACARS by subscribing to the following options:

a) CDW - The Client's liability arising from the damage caused to the vehicle, under the terms of paragraph a) of number 3.2, is limited to the minimum deductible amount, calculated according to the current price list at the beginning of the Rental, except in cases of damage to windows, at the bottom or top of the car, on the wheels, tires, windshields and interiors, caused by vandalism;

b) TW - The Client's liability, arising from robbery, theft or loss of the Car, under the terms of paragraph b) of number 3.2, will be limited to the minimum amount of the deductible, calculated in accordance with the current price list at the beginning of the rental, except in cases where the Customer does not officially present the case to the competent authorities and does not proceed to hand over the original vehicle key to XTRACARS;

c) SUPER CAR RENTAL PROTECTION - The Customer will not be liable for damages protected by the CDW and TW, except in cases of damage caused to windows, wheels and tires, optics and headlights, rear view mirrors as well as damage caused to the bottom and top of the body and inside the car.

d) WINDOW PROTECTION - The Customer will not be liable for damage to glasses, rear view mirrors, headlights and optics;

e) WHEELS AND WINDOW PROTECTION – The Customer will not be liable for damage to windows, tires and wheels, rear view mirrors, headlights and optics;

f) EXCESS REDUCTION - The Customer's liability for the payment of the minimum deductible is reduced, depending on the current price list;

g) ROADSIDE ASSISTANCE TOP – The Customer will not be liable for towing and on-site assistance, in the event of loss or forgetting of the key inside the car, immobilization of the vehicle due to lack of battery, replacement or lack of fuel, by flat tire, by accident whose responsibility is attributed to the Driver, such assistance service being provided on site after the Client's request and XTRACARS's diagnosis.

3.5 The liability limitations provided in the preceding paragraphs will not be effective, even if the Customer has subscribed to the options described, whenever there is a violation of the rules for the use of the Car, of a willful or negligent conduct, non-compliance with the traffic rules or in situations generating liability when the Car is not driven by the Customer or an Authorized Driver.

4.  RENTAL CONTRACT CELEBRATION REQUIREMENTS

4.1 The minimum driving age for this Agreement will be 21 years and driving license for over a year, except for off-road vehicles and Luxury vehicles for which the minimum driving age will be 25 years.

4.2 XTRACARS may authorize, at its own discretion, to the drivers of the Car, people under the age mentioned in the previous number, but over 18 years old, an option called "young driver”, which implies the payment of a supplementary fee according to the current price list at the rental start date.

4.3 XTRACARS may refuse to rent a car to customers who do not provide guarantees of the fulfillment of the obligations provided for in the rental contract, considering, as such, presenting a valid credit card (not virtual credit card).

4.4 XTRACARS may also refuse to rent a car to customers and/or drivers identified as non-compliant by ARAC - Association of Driverless Car Rental Industries ("ARAC”)

4.5 Under the terms of this contract, the Client undertakes to provide telephone contact and e-mail address, which will allow the execution of this rental contract.

5. PAYMENTS

5.1 The Customer declares that he knows that the minimum rental period for the Car will be 1 day, consisting of 1 day, for the purposes of this Agreement, within a period of 24 hours from the beginning of the rental and that the calculation of the total value of the Rental will be based on the right number of days during which the Automobile was in the Client's possession, depending on the applicable rental price and other contracted products, under the terms of this contract.

5.2 Under the terms of this clause, the credit card presented by the Customer, at the date of the beginning of the rental contract, will be debited the amounts due for the rental (price) and other additional products and services contracted, for the repair of damages caused in the Car, for the deductible that is due, for the costs of administrative services, for the fees and other costs of using the via-verde service, as well as for the missing fuel in the Car at the date of delivery.

5.3 For the purposes of the preceding paragraph, the Customer presents a valid credit card, through which it authorizes XTRACARS to proceed with the execution of the payment orders necessary for this purpose, declaring the Customer his express agreement, and XTRACARS will proceed to store the necessary payment information securely following all PCI security rules, in the case of subsequent and/or additional charges.

5.4 Any complaint from the Customer regarding the existence or quantification of its charges must be submitted and communicated to XTRACARS by the 30th day after receipt by the Customer of the final account statement.

6. BREACH OF CONTRACT

XTRACARS may, at its own discretion, at any time and at the expense of the Customer, terminate this Agreement and recover possession of the Car, whenever the Customer is found to be in breach of these General Conditions or any other provision emerging from this Rental Contract or a previously concluded contract.

7.  TOLL SERVICE MANAGEMENT

7.1 XTRACARS provides the Customer with a Via Verde identifier belonging to XTRACARS, installed on the vehicle's windshield, which Customer is liable for paying in full the amount of all toll fees charged for the use of the car during the rental.

7.2 For payment, the Customer must provide a valid credit card, ensuring in the corresponding bank account a sufficient balance to cover the amounts due, the debiting of which may occur after the detection of the use of road infrastructure, which the Customer must accept the debts incurred after the end of the Rental Agreement.

7.3 Under the terms of the previous number, if it is impossible to collect by XTRACARS the amounts due for toll fees, XTRACARS will inform the Customer of the impossibility of payment, in which case XTRACARS will use the legal mechanisms for enforced collection, without prejudice to the provisions of Law No. 25/2006 of June 30, 2006, as amended.

7.4 The Customer is also liable for the correct functioning and the preservation, in perfect conditions, of the Via Verde Identifier, and under no circumstances can remove the equipment from the place where it is installed, and in case of anomaly the Customer shall require replacing it at a XTRACARS location by its staff.

 

8. INSURANCE

8.1 The Customer or the drivers authorized by XTRACARS are participants in a civil liability insurance policy which covers the risk of personal or material damage caused to third parties up to the capital limit of € 50,000,000 (fifty million Euros), which is governed by Portuguese law and is an integral part of this contract and is available for consultation at XTRACARS locations.

8.2 The Customer may take out a personal accident insurance (PAI), which 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 occupant (up to the maximum capacity of the vehicle).

9. CAR ACCIDENTS, ROBBERY AND THEFT

9.1 The Customer must inform the competent authority of theft or robbery of the car within 24 hours after the respective occurrence, as well as inform XTRACARS of such occurrence and visit the XTRACARS representative in person to deliver the original car key and the official declaration issued by the competent authorities.

9.2 The Customer undertakes to cooperating with XTRACARS and its insurers in any subsequent investigation or legal proceeding related to any of the events provided for in 9.1.

9.3 In the event of an accident, the Customer undertakes to reporting the occurrence to the police, to complete the accident report, assuming the veracity of the facts occurred and to sign the accident report at the nearest XTRACARS representative within 24 hours .

9.4 The violation of the aforementioned obligations determines the Customer’s liability for all costs of repairing damages resulting from an accident, or for the maximum deductible, in case of theft or robbery.

9.5 In the event of an accident, XTRACARS will not be liable for bodily or material damage caused to the Client or passengers.

10. PERSONAL BELONGINGS

XTRACARS will not be liable to the Customer and/or the Authorized Driver and/or the passenger for the loss or material damage caused to personal property left in the Car, either during the term of this Agreement, or after its expiration date.

11.  COURT AND ALTERNATIVE DISPUTE RESOLUTION

11.1 With exception of mandatory legal provisions in matters of territorial jurisdiction, the parties agree to establish as competent the jurisdiction of the Court of Lisbon, with express waiver of any other to settle any disputes arising from the performance of this Agreement.

11.2 In the event of a consumer dispute, defined under the terms of Law no. 144/2015, of 8 September, the Client may use the Arbitration Center of the List of Centers available on the page of the Direção Geral do Consumidor at www.consumidor.gov.pt.

11.3 Without prejudice to the preceding paragraph, the Customer may submit its Complaint to XTRACARS, in the Physical Complaints Book available at its Locations, or through the Electronic Complaints Book, available at https://www.livroreclamacoes.pt/inicio.

12. DATA PROTECTION

1.            XTRACARS, acting as an independent data controller, may use Customer’s personal data (and the personal data of any Authorised Driver) collected in connection with this rental agreement or any related agreement or service ("Customer Personal Data”), and disclose it, for the following purposes:

• process Customer Personal Data to enter into the rental agreement, manage the commercial relationship, communicate with the Customer about or assist with the rental;
• verify personal, driving and credit information (including Customer Personal Data) provided by the Customer and any additional Authorised Driver through credit agencies or other sources.
• for the purpose of marketing, though e-mail communication about news, new offers, campaigns, vehicles and services, on the basis of the legitimate interest pursued by XTRACARS and of the interest of the Customer or the Authorised Driver.
• for the purpose of marketing, through communication by telephone, sms (or other ways of communication different of e-mail) about news, new offers, campaigns, vehicles and services, when the Customer or the Authorised Driver has given express consent.
• If the Customer or the Authorised Driver gives express consent, XTRACARS will analyze the Customer or the Authorised Driver’s profile to customize and improve a Customer experience.
• to conduct Customer Satisfaction Surveys, until the Client or Authorised Driver chooses not to receive them.
• to fulfill other legal obligations as well to transmit to debt collectors companies, in case of breach of contract. 
• to transmit personal data to subsidiaries of XTRACARS’s Group (subsidiaries of Salvador Caetano Auto, S.G.P.S., S.A.) and to send communications by telephone, sms, e-mail or others ways, about mobility products or services, if Customer or Authorised Driver has given their express consent.

2. XTRACARS will disclose Customer Personal Data to (i) EAN Data Services UK Ltd., (ii) Enterprise Holdings, Inc. and/or any of relevant subsidiaries (for details please see EHI’s Privacy Policy at https://www.enterprise.co.uk/en/privacy-policy.html) (together "EHI”), all acting as independent data controllers. Customer Personal Data will be shared for the following purposes:

• process Customer Personal Data to manage the rental and the commercial relationship, communicate with the Customer about or assist with his rental. EHI processes Customer Personal Data for this purpose on the basis of (i) contractual necessity (e.g. billing) or (ii) its legitimate interests in ensuring the effective delivery of the requested services, when these interests are not overridden by the Customer’s – and any applicable additional Authorised Drivers’ – data protection rights;
• store Customer Personal Data that relates to any incident arising from the Customer’s dealings or an additional Authorised Driver's dealings with EHI if it thinks that, as a result of such incident, the Customer or an additional Authorised Driver could be a risk for future rentals. EHI processes Customer Personal Data for this purpose on the basis of its legitimate interests in protecting its employees, other customers, the public and its property from safety or financial risks based on past customer conduct, when these interests are not overridden by the Customer’s – and any applicable additional Authorised Drivers’ – data protection rights;
• process Customer Personal Data in order to carry out phone customer satisfaction surveys. EHI processes Customer Personal Data for this purpose on the basis of its legitimate interests in ensuring customer satisfaction of the services which it provides, when these interests are not overridden by the Customer’s – and any applicable additional Authorised Drivers’ – data protection rights;
• send the Customer marketing communications (for instance by post or electronic communications) about similar products or services which EHI thinks may be of interest to him. This can include the provision of targeted advertising on EHI sites, selected partner sites and social networks. EHI processes Customer Personal Data for this purpose on the basis of its legitimate interests in conducting such marketing, when these interests are not overridden by the Customer’s – and any applicable additional Authorised Drivers’ – data protection rights but, where required, will seek the Customer consent to do so at the time of data collection; and
• compile statistics and analysis about the Customer – and any applicable additional Authorised Drivers’ –  use of EHI products and services, including statistics based on anonymized data, which enable EHI to provide the Customer and other customers in the future with better customer service, products, features and functionalities. 

EHI participates in and is responsible for the processing of personal data received under the EU-U.S. Privacy Shield Framework. For more information regarding EHI’s data transfer compliance or if the Customer has an unresolved privacy or data use concern that EHI has not addressed to the Customer’s satisfaction, please see EHI’s Privacy Policy to find out more information on how to contact EHI’s third party dispute resolution provider.

3. Both XTRACARS and EHI retain Customer Personal Data for commercially reasonable periods of time or in accordance with specific laws or policies. Information collected for a specified purpose will only be used for that purpose and, after a reasonable period of time, will no longer be actively stored when that purpose has been fulfilled. Inactive data may, however, continue to be used for statistical, marketing, archiving, and other analytical purposes. 

4. The Customer has the right to: (i) access and port his personal data (including in certain cases in a commonly used, machine readable format); (ii) have his personal data rectified (where it is inaccurate or incomplete), (iii) have his personal data erased where XTRACARS or EHI no longer has any legitimate reasons to process it; (iv) have his personal data restricted; (v) object to XTRACARS or EHI’s processing of his personal data in certain circumstances; and (vi) lodge a complaint with the applicable supervisory authority. 

5. If the Customer has any queries in relation to the above use of his Customer Personal Data, he should contact XTRACARS in the first instance by using the following e-mail: privacidade@XTRACARS.com.pt (for further details please see XTRACARS’s Privacy Policy at www.XTRACARS.com.pt.

13. Telematics and Geolocation

1. The Customer acknowledges that the vehicle is equipped with a telematics and geolocation device and XTRACARS is the data controller.

2. XTRACARS processes telematics data to manage its vehicle, exclusively based on its technical and mechanical characteristics.

3. Concerning telematics data, XTRACARS processes telematics data from the vehicle, such as the total kilometers on the odometer and the fuel level of the vehicle, solely at the start date of the rental contract and immediately after the end date of the contract.

4. XTRACARS also processes the data of geolocation of the vehicle (using GPS technology) solely and exclusively for the following purposes:

a. Ensuring the maintenance and compliance with the contractual obligations undertaken within the rental agreement, in particular, collecting the vehicle's geolocation at the moment prior to the rental agreement start date and right after the rental agreement end date;

b. Vehicle protection against theft, robbery and in case of breach of contract and consequent termination of the rental agreement, under the terms of this contract.

c. Providing assistance in case of an accident and if requested by the Client.

5. Geolocation data is collected exclusively for the purposes of this clause and will be deleted as soon as after filling that purpose.

6. XTRACARS implemented technical and organizational measures to protect the data collected under this clause from accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access as referred to in the previous clause, and any questions may be clarified through privacidade@guerin.com.pt.

 

14. FINAL PROVISIONS

XTRACARS cannot be held liable for any loss or damage incurred by the Customer, except in the event of wilful or seriously negligent conduct.