TERMS AND CONDITIONS
KLASS WAGEN PORTUGAL is a limited company registered in Portugal, whose registered address is at Avenida da Liberdade, n.º 258, 9.º E, Lisbon.
1.GENERAL CONDITIONS OF RENTAL
1.1 For renting a car, the CLIENT has to possess a national or international driving license, valid for at least 1 year and to present identification documents and a valid credit card issued on its name.
1.2 The CLIENT is directly responsible for obtaining and possessing all necessary documents including but not limited to the driving license stating his right to use the public roads both in Portugal and in Spain if he is to visit/transit the latter with the rented vehicle, KLASS WAGEN PORTUGAL being exempt of any liability in the matter.
The CLIENT shall obtain the right from KLASS WAGEN PORTUGAL to use the vehicle based on the national driving license stating the date when he attained such right.
The CLIENT expressly assumes full responsibility for renting a vehicle and driving it on Portugal territory declaring expressly that he possesses all necessary documents, including an international driving license in case the possessing of such a licence is mandatory according to the law.
Unless the driver’s license was issued by a European Union country, the CLIENT will need to get an International Driving Permit (IDP) or international driver’s license in order to drive in Portugal.
1.3 To qualify for a standard car rental, the main driver and additional drivers have to be at least 23 years old and to have a driver license valid for at least 12 months.
KLASS WAGEN PORTUGAL offers the possibility to clients that are younger than 23 years old (minimum age is 18 years old) and/or have a driver license valid for less than 12 months in the following conditions:
- If the main driver or additional drivers have a valid driver license with less than 12 months of experience, the client will have to pay an “Inexperienced driver” fee of EUR 1000 ;
- If the main driver or additional drivers are younger than 23 years old ( from 18 to 22 years old) and have a valid driver license with minimum 12 months of experience, they can rent a car if they pay the “Young driver” fee of 4 EUR for each day of rental. The drivers that are older than 23 years, will not pay the “Young driver” fee.
2. VEHICLE PAYMENT/ RESERVATION
2.1 The fees are established and stated in EURO/day and they include: VAT, TP (Third Party Liability Insurance), Civil Liability Insurance for Vehicles, Road Assistance, vehicle maintenance.
* The above prices are for one rental day
** The prices are in EURO
*** The above tariffs are for informational purposes only, as they may fluctuate depending on availability. For updated rates, please make a simulation with the specific dates on our website.
2.2 Electronic road tolls in Portugal
KLASS WAGEN PORTUGAL offers the CLIENT the option to rent a ViaVerde device valid for all highways in Portugal that allows him to pay the road tolls at the VEHICLE return.
The cost for renting the ViaVerde device is 1.85 euro / day.
2.3 The rental fee does not include the following: fuel costs, road taxes, any fines received for not complying with the driving rules on public roads and the national legislation in force, bridge or tunnel passing taxes, stationary taxes on airports, etc. The full payment of these amounts shall be incurred to the CLIENT.
2.4 The full payment can be made in advance, via bank transfer, on www.klasswagen.com website or at the signing of the rental Agreement by credit cards (VISA, MASTERCARD) in EURO.
The policy for cancelling a reservation already paid and confirmed
The CLIENT can cancel a reservation that was paid in advance in the following conditions:
a) If the date and time of pick-up is more than 24h than the cancellation date, the client will receive the full amount paid (in maximum 365 working days) MINUS 20 euro that represents bank commission charges and logistical fees.
b) If the date and time of the pick-up is less than 24h than the cancellation date, the pre-paid amount will not be refunded. KLASS WAGEN PORTUGAL will issue a credit voucher for the full pre-paid amount, which the CLIENT can use at a future reservation.
*If the CLIENT wants to cancel a reservation and block the amount paid in advance for a future reservation, KLASS WAGEN PORTUGAL will issue a credit voucher for the full amount. All cancellations will be announced via e-mail at [email protected] or by clicking "Cancel" from the "Manage booking" email that the CLIENT has received.
2.5 The reservation of the Vehicle shall be considered certain only after the CLIENT accepts the rental offer and after the CLIENT receives “the Confirmation of the Reservation” and the unique reservation code by e-mail.
2.6 The Reservation shall be confirmed for a class/category of vehicle and not for a specific vehicle. KLASS WAGEN PORTUGAL cannot guarantee a specific trademark, model, motorization, colour or other specifics of the Vehicle.
2.7 Provided that at the time of the delivery KLASS WAGEN PORTUGAL does not have a vehicle available of the class for which it confirmed a reservation, it shall deliver a vehicle from the immediate superior class without additional costs for the CLIENT.
3. DELIVERY/RETURNING OF THE VEHICLE
3.1 KLASS WAGEN PORTUGAL provides shuttle service (shuttle bus) free of charge for its clients from Departure Terminal of the airport to the KLASS WAGEN PORTUGAL working point and vice versa.
3.2 The rental car was handed to the customer with a copy of the original bead to prevent the commission of offenses.
KLASS WAGEN PORTUGAL is committed to make available, on request, to any state institutions the original car bead within 48 hours.
3.3 The Vehicle shall be delivered in good functioning conditions, clean and hygienic, without any other dysfunctionalities and damages of the coachwork or interior than those emphasized on the “Delivery/Returning Paper” at “Delivery” section.
3.4 The CLIENT acknowledges and verifies the Vehicle’s situation before signing the Rental Agreement and any complaints regarding its situation shall be addressed before signing the Rental Agreement.
Claims/objections regarding the Vehicle’s situation following the signing of the Rental Agreement cannot be accepted.
3.5 The CLIENT undertakes to return the Vehicle together with all documents, keys, accessories and equipment in good condition (as they were taken over) at the place and time agreed in the Rental Agreement.
3.6 If there is a delay of more than three hours regarding the time specified for returning the Vehicle in the Rental Agreement, KLASS WAGEN PORTUGAL reserves the right to inform the Police about the theft of the Vehicle, excepting the case when the CLIENT notifies KLASS WAGEN PORTUGAL about its option of extending the Vehicle rental period.
3.7 If the Vehicle is returned by night or dirty and the identification of the eventual damages is impossible, the guarantee shall be released within 2 business days after the KLASS WAGEN PORTUGAL had all proper conditions for inspecting the Vehicle.
3.8 The Delivery and Returning of the Vehicle shall be done during the working hours (08:00 AM – 06:00 PM). In case the Delivery or Returning takes place outside these hours or during the days qualified as public holidays, a fee shall be perceived in amount of Euro 10 for every action of Delivery and Returning the Car outside the working hours and 35 Euros during legal holidays.
3.9 The Returning of the Vehicle in any other location than the location specified in the Rental Agreement is not accepted.
4. USE OF THE VEHICLE
4.1 The CLIENT takes full responsibility (financial, civil and criminal) for the non-compliance of the using conditions provided in the Rental Contract.
4.2 The CLIENT undertakes to drive the Vehicle in compliance with all legal dispositions regarding driving on public roads and consents that the Vehicle will not be used and driven:
a) in contradiction with the traffic, legal rules or other regulations;
b) for passenger transport purposes or any kind of transport of goods for a remuneration or to push or tow any vehicle, trailer or other objects;
c) while the driver is under influence of alcoholic, drugs or any other forbidden substances;
e) on roads flagged as closed to the public driving or loaded over the maximum admitted load or over the maximum number of persons as specified in the registration certificate of Vehicle;
f) in any illegal activities;
g) on flooded areas or for crossing water courses;
h) other than according to the instructions and recommendations of the Vehicle’s manufacturer which the CLIENT received together with the Contract on delivery date;
4.3 The car will be used exclusively on the territory of Portugal, crossing the border being possible only in Spain and only if the reservation holder presents a Visa / Mastercard credit card issued in his name, the LESSOR gives his written consent through a document expressly stipulating this, by paying the additional cross-border service fee and the additional pre-authorization of the amount of 50 euro on the credit card. This pre-authorized amount will be returned to the CLIENT at the end of the rental if the terms and conditions have been met; otherwise the pre-approved amount will be charged by the LESSOR.
For Cross Border Rentals a fee of 12.30 EURO/day will be applied (including VAT TAX)/maximum 120 EURO/rental/month.
4.4 The Vehicle can be driven only by the signing person of this Agreement or only by a specified person herein and authorized by KLASS WAGEN PORTUGAL.
4.5 The CLIENT shall not leave under any circumstances the doors, windows, carrier or the Vehicle itself opened and shall not let in any case the keys or Vehicle documentation in the Vehicle.
4.6 In case of malfunction or any other damage, car repairs must be done by an authorized service location elected by KLASS WAGEN PORTUGAL, only with its consent and in accordance with its instructions.
4.7 The CLIENT cannot in any circumstances sell or rent the Vehicle or place it as a guarantee.
4.8 In case of accident/incident or any malfunction, the Technical Assistance phone number is available NON-STOP 00351707502656 and the CLIENT undertakes to inform without delay KLASS WAGEN PORTUGAL which will assist him and give all the instructions according to the situation.
5.1 The Vehicle is insured for damages caused to third parties during the period mentioned herein.
By agreeing to the terms of the Rental Agreement, the CLIENT accepts the terms and conditions of the insurance with the franchise (Collision Damage Waiver - CDW) contained in sections 4. and 6. and through which the financial responsibility is reduced regardless of the culpable party for producing the ensured event, to a mandatory minimum amount for theft or for damaging the rented Vehicle. The minimum mandatory amount represents the insurance franchise (excess) which is the equivalent of the guarantee, object of Section 6 below.
5.2 Personal insurance of the CLIENT, the passengers, the luggage or any goods shall not be subject to the Rental Agreement and is not covered by the Vehicle insurance, the LESSOR being not responsible for any damage or deterioration of the above.
5.3 If, following the use of the Vehicle, any claims arise towards the LESSOR, the CLIENT shall exempt the LESSOR of any liability. The LESSOR shall not be liable for any damages or losses of the CLIENT and for any damages produced by CLIENT’s fault.
5.4 In case of damage, accident, total or partial theft or destruction of the VEHICLE during the period when the VEHICLE is in the use of the CLIENT (whether the event is due to the fault, exclusive or common, of the CLIENT or not), the CLIENT is responsible with the amount withheld title of Guarantee, except in cases where the damages caused in case of accident, total or partial theft or destruction are not covered by the insurance policies, being expressly excluded and mentioned as such in the Rental Agreement (art. 6.6, art. 7 from the KLASS WAGEN Terms and Conditions).
5.5 The Guarantee shall not be reimbursed or shall be refunded only partially in the expressed cases provided under art 6.4 herein.
5.6 The Guarantee may be formed as an insurance franchise for situations when insured risks occurs by CLIENT’s fault. The CLIENT is fully liable and has to pay all damages, costs and/or losses if the driver is under alcoholic or drugs influence, if the conditions provided by the Rental Agreement have not been met, as well as in the case when he does not present the necessary documents issued by the Police (in case of theft, accident or any other incident).
5.7 In case of criminal offense, the CLIENT is civil, criminal and financial liable. In case of theft, if the CLIENT does not hand over the keys and the Vehicle’s documentation along with the theft proof (the record of findings) issued by the police, the CLIENT is fully liable: financial, civil and criminal, all the insurances losing their validity in this situation.
5.8 In case the Vehicle is not returned on the date stated in the Rental Agreement or in case of using it beyond the rental term, without a prior written approval in this regard from the LESOOR, the CLIENT shall be fully liable (financial, civil and criminal), undertaking to pay the Vehicle rental until the recovery or returning date and all the costs incurred to the LESSOR for the Vehicle recovery. This action constitutes criminal offense and shall be sanctioned according to the law in force. After the date provided by the Rental Agreement for returning the Vehicle plus one hour, no insurance shall be valid anymore.
5.9 Non-compliance with the obligations mentioned in the above paragraph leads to termination of the effect of all insurances and the liability of the damages produced shall fully incur to the CLIENT, including the unrealized income during the period of immobilization of the Vehicle.
KLASS WAGEN PORTUGAL shall not be liable for anything than illegal actions committed by their fault by performing the service made available to the CLIENT except the cases when the damage has been caused by the CLIENT with intent or gross negligence or the damage has been caused by the health state of the CLIENT or by a third party action.
The damages caused by imprudence or negligence shall exonerate KLASS WAGEN PORTUGAL of liability to the fullest extent possible and the CLIENT understands to be exclusively liable for damages caused directly or indirectly, partially or totally by the CLIENT’s behaviour, renouncing to request any compensations from KLASS WAGEN PORTUGAL.
6. THE GUARANTEE/ “RISK 0” SERVICE
6.1 On the signing of the Rental Agreement, the CLIENT has to block a Guarantee in amount between EUR 200 and EUR 2.000.
6.2 The amount blocked as a Guarantee is established according to the class (category) of the booked car, highlighted in the Booking Voucher (Confirmation) and in the Rental Agreement, the CUSTOMER knowing the value of the Guarantee prior to the conclusion of the Rental Agreement.
The guarantee amount is blocked on the CLIENT's credit card through a pre-authorization transaction with a validity of 30 days, after which it expires automatically.
If the contractual rental period is longer than 30 days, KLASS WAGEN PORTUGAL will process other pre-authorization transactions on the CLIENT's credit card whenever necessary, so that during the contractual rental period there is a valid guarantee pre-authorization transaction.
6.3 The Guarantee shall be fully reimbursed to the CLIENT in the following conditions:
a) the Vehicle needs to be returned without any defects or damages, others than those highlighted on “Delivery/Returning Paper” at “Delivery” section;
b) in case of damages/defects to the Vehicle caused by third parties, the CLIENT shall present all the necessary documents according to the respective situation and which attest its innocence (within Section 7 herein are highlighted the necessary documents);
c) The Vehicle is not returned excessively dirty (issue mentioned under art. 8.3);
d) The Vehicle has been returned with the same quantity of fuel as delivered, highlighted within the Rental Agreement or in the “Delivery/Returning Paper”;
e) The accessories (i.e. GPS, child chair, snow chains, etc) delivered together with the Vehicle on delivery date need to be returned in functioning conditions, without damages or defects other than those highlighted on “Delivery/Returning Paper” at “Delivery” section;
6.4 The total amount representing the Guarantee or a part of it shall not be reimbursed if:
a) the Vehicle has malfunctions or damages, missing elements, scratches or damages of the paintwork, car body or interior (upholstery, board etc.), bent wheel rims, cracked, defective tires or any other malfunctions and defects other than those highlighted on “Delivery/Returning Paper” at “Delivery” section. Quantification of the damages shall be realized by relative to the international online service EUROTAX and KLASS WAGEN PORTUGAL has the obligation to make available to the CLIENT an excerpt of the report issued by EUROTAX in electronic format, by e-mail, at the address mentioned within this Agreement, precedent to the date when the necessary amounts for repairs were retained in accordance with EUROTAX report. The CLIENT declares that he consents with the utilization of this impartial way of quantification of the eventual damages.
b) The CLIENT does not return the keys, documentation or any other accessories received on delivery date of the Vehicle;
c) Returning of the Vehicle does not observe the time and place established by the parties (except the case when the CLIENT notifies the LESSOR and the LESSOR consents in writing upon the modification of the date and place for the Vehicle’s returning);
d) On the date of returning the Vehicle, the technical status of the Vehicle does not correspond with the one from delivery date or if the gearbox or the engine present malfunctions caused by inadequate use, either visible and recognized by the CLIENT or detected by evaluation in authorized service within 48 business hours from the moment when the Vehicle has been returned, the CLIENT, having the right to be informed by e-mail, at the address provided within this Agreement, will be informed in relation to the time and place when the evaluation shall be done and at which he has the right to participate;
e) the CLIENT did not observe the above mentioned conditions or other conditions that incur to him by signing the Rental Agreement and following which damages were caused to the Vehicle;
"f) In case the VEHICLE is returned with damages, other than those highlighted in the Delivery / Return Sheet, in the "Delivery" section, the CLIENT is obliged to present the following:
* a report issued by the Police and repair authorization (in case of accident or damage with an identified third party, whether the responsibility belongs to the CLIENT or not);
* copy of the driving license of the third party involved;
* copy of the identity document of the third party involved;
* copy of the RCA insurance of the third party involved;
* copy of the car registration certificate of the third party involved.
Otherwise, the complementary insurance and the additional protection services, if any, are not applicable and the CLIENT will be liable for all the damages that are attributable to them, especially those suffered by the VEHICLE, within the limit of the market value of the VEHICLE, to which the expenses are added and the costs related to the transport and its immobilization, as well as damages that cover the damage caused possibly to a third party.
6.5 Risk 0 Service may be purchased at the fee mentioned within the Rental Agreement, calculated depending on the number of days of rental and the reserved vehicle’s class having a value ranging between Euro 15 and Euro 100 per day and represents an optional engagement of the CLIENT through which the latter:
a) Reduces its financial liability to 0 in case of damage by its own fault or by the fault of an unknown author;
b). Benefits of replacement vehicle anywhere in Portugal within 4 hours from the notice of the incident/accident;
b).1 Benefits of replacement vehicle ourside Portugaln borders within 24 hours from the notice of the incident/accident, only with "cross border" service explained in Article 4.3.
c) Benefits of Roadside Assistance non-stop on Portugaln territory and abroad (only under the conditions explained in Article 4.3);
d) Reduces the value of the Standard Guarantee to 0 Euro if the cross-border service has not been selected;
d.1 Reduces the value of the Standard Guarantee to 50 Euro if the cross border service is selected;
e) Has food and accommodation or the equivalent of the transport to home covered by KLASS WAGEN PORTUGAL in total amount of Euro 70, in case one of the insured risks takes place;
To have the costs of food and accommodation or transport to home (only on Portugal’s territory) covered, the CLIENT has to hand over on returning date of the Vehicle the Fiscal Bill representing the costs incurred with needs to mandatory be issued with the identification data of the KLASS WAGEN PORTUGAL company mentioned within the Rental Agreement.
6.6 Risk 0 Service does NOT COVER situations when the CLIENT:
a) Drove under the influence of alcohol, drugs or any other substances forbidden by the law;
b) Did not stop the Vehicle IMMEDIATELY after an accident/incident causing additional damages/malfunctions to it;
c) In case of accident, did not inform the Police or other competent authorities and did not obtain the record of findings;
d) Did not inform KLASS WAGEN PORTUGAL within 12 hours in relation to road event occurred and did not fill on returning the Vehicle the affidavit on its own responsability regarding the circumstances in which the accident/incident has occured;
e) Used the Vehicle for illegal purposes, such as but not limited to smuggling, illegal transportation of articles or goods, theft etc;
f) Drove the Vehicle overloaded, used the Vehicle for pushing or tugging other vehicles, tugs or other objects or to transport persons over the maximum capacity of the Vehicle, against the registration certificate; 1damages/malfunctions produced to the rented vehicle;
h) Used the Vehicle in contests, races or auto tests resulting damages/malfunctions produced to the rented Vehicle;
i) Used the Vehicle inadequately (to the contrary of the producer’s warnings) or in a destructive way, reason for which he caused damage to the engine, gearbox, wheels, tires or to the interior of the Vehicle;
j) in case of Vehicle theft, did not handover to KLASS WAGEN PORTUGAL the keys and the Vehicle’s documents, the theft proof (the record of findings) issued by the competent Police department and the affidavit on its own responsibility regarding the circumstances the event has occurred;
k) Drove outside the borders and territory of Portugal, without the prior written approval of the LESSOR;
l) Permitted, by its own will or not, the driving of the Vehicle by a person unauthorized by KLASS WAGEN PORTUGAL trough the Rental Agreement, fact proven through the Official Documents executed by the relevant authorities subsequently to the accident/incident;
m) Fueled the Vehicle with other fuel than the one indicated by the manufacturer (noted in the registration certificate) and highlighted on the exterior and interior side of the tank lid, fact that determines the CLIENT’s obligation to incur the costs of the tow, repairs, corresponding refuel, the period during which the vehicle was immobilized in service because of the damages produced and the administration fee (representing administrative costs such as human resources, time, fuel, taxes and fees, etc for management and solution of the situation);
If the CLIENT has purchased a Risk 0 Service and produced a damage/malfunction to the Vehicle initially rented, at the moment of receiving a replacement vehicle the CLIENT shall pay the equivalent or difference of the Risk 0 Service, as the case may be, for the new vehicle received at the rate specified in the Rental Agreement, otherwise KLASS WAGEN PORTUGAL will block a standard Guarantee related to the class (category) of the Vehicle reserved.
7. ACCIDENTS/INCIDENTS, MALFUNCTIONS OR THEFT
In case of accident/incident or theft/theft attempt proven by Official Document issued by the competent authorities, the CLIENT has the following obligations, irrespective if he purchased Risk 0 Service or not:
a) To not abandon the Vehicle and to observe the legislation regarding leaving the place of the accident;
b) To take all the possible measures in order to limit the damages;
c) To inform without delay the Police of the locality in which the accident/incident took place in order to ascertain the accident/incident and to execute the legal procedures;
d) To inform the LESSOR in relation to any accident/incident produced, fire, theft or theft attempt even if the damage is only partially, at the assistance number available NON STOP 00351707502656 within 12 hours since the accident/incident occurred;
e) To obtain the record of findings from the Police, Annex 2 (for the insurance company), as well as the Repair Authorization (all signed by the Police officer that wrote the finding record and the stamp of the Police section).
f ) To hand over to the LESSOR the keys and the vehicle’s documents as well as the documents mentioned above (point e);
g) To hand over to the KLASS WAGEN PORTUGAL representatives at the returning of the Vehicle the Affidavit of the accident/incident (available in the glove compartment of the Vehicle) filled according with the reality regarding the circumstances in which the incident with the rented Vehicle has occurred.
8.1 First hour of delay relative to the established hour for returning shall be free of charge. Exceeding with more than an hour shall be penalized with the equivalent of a day of renting, plus equivalent of the additional services according to the Rental Agreement at the rates set forth herein.
8.2 The Guarantee may be formed as an insurance franchise for situations in which the insured risks occur only in the cases when the incident causes pertains to the CLIENT and/or is provoked by unknown authors except the case when the CLIENT pays the fee “Risk 0”, being no longer liable for the cases in which the fault of the damage/incident pertains, under the conditions described at Section 6.
8.3 The rental price and also the Guarantee are calculated based on the prices made available to the CLIENT within the Agreement and shall be paid in advance on delivery date of the Vehicle. The payment made on rental date cannot, under any circumstances, be used for extending the rental period. If the CLIENT wishes to prolong the rental period, he needs to obtain in advance the written approval of the LESSOR and to pay in advance any prolongation of the hereof. In case the CLIENT does not pay the bill on issuance date, the CLIENT shall also pay penalties in amount of 0.5% of the value of the bill per day of delay.
8.4 If the Vehicle is returned before the expiration term, the amounts paid in advance are not reimbursed. Because we appreciate our clients, in this case a voucher shall be issued equivalent to the value unused which may be used anytime at any of the KLASS WAGEN PORTUGAL agencies.
8.5 Parking taxes, road taxes, fines or any other taxes shall be fully incurred to the CLIENT.
8.6 The fuel is not included within the rental price. The CLIENT shall return the Vehicle with the same quantity of fuel than the one with which it was delivered, highlighted within the Delivery/Returning Paper of the Vehicle, otherwise the CLIENT shall pay the equivalent of the missing fuel plus a fixed tax of refuel in amount of Euro 15.
8.7 The returning of the Vehicle excessively dirty compared to the initial state shall be sanctioned with a tax in amount of Euro 50.The notion of “excessively dirty” means the situation in which the Vehicle needs detailed cleaning of the interior, namely more than a simple washing procedure. For example: stained upholstery, traces of mud on board, chairs or bench, perishable leftovers in the Vehicle, but not into a trash bag, etc.
8.8 SMOKING IS STRICTLY FORBIDDEN in all vehicles rented by KLASS WAGEN PORTUGAL. In case the Vehicle is returned with proofs which confirm smoking in the interior of the Vehicle, the CLIENT shall pay a penalty tax amounting Euro 124 to KLASS WAGEN PORTUGAL.
In case the Vehicle is set on fire or presents traces of burning even partially in the interior because of smoking, the CLIENT is fully LIABLE for the damages produced even if he purchased Risk 0 Service. The CLIENT shall pay all damages produced to the Vehicle, highlighted within the repair estimate issued by an authorized service, the administration fee (representing administrative costs as human resource, time, fuel, taxes and fees etc for management and settlement of the situation) and the immobilization period. The insurances of the Vehicle DO NOT COVER damages caused by smoking!
8.9 Other taxes and penalties: Loss of keys = 250€; Loss of the documents = 200€; Loss of car license plates = 250€; Loss of the accessories = 70€; Refuse to fill the Affidavit of accident/incident (including the case when purchased Risk 0 Service) = 150€. In the case that the Vehicle is not returned at the time and place established under the Rental Agreement, the LESSOR (the CLIENT) shall incur full costs of recovering the Vehicle. Additionally to the recovery costs a penalty tax in amount of Euro 150 will be added.
DEBIT AGREEMENT UPON THE CREDIT CARD
KLASS WAGEN PORTUGAL reserves the right to further collect from the CLIENT’s credit card: tolls, penalties, taxes, damages produced to the Vehicle, missed fuel, fines, the period when the Vehicle was immobilized in service because of the produced damages (it will be calculated the number of days of immobilization X the rate as displayed on the website www.klasswagen.com, in 2.1 VEHICLE PAYMENT/ RESERVATION article) plus a fixed tax of administration in amount of Euro 85 (representing administrative costs as human resources, time, fuel, taxes and fees, etc for the management and settlement of the situation). By signing the Rental Agreement, the CLIENT acknowledges all terms and conditions of the Agreement and consents that KLASS WAGEN PORTUGAL may collect from its credit card during 1 year from the signing of this Agreement, all amounts provided by the Rental Agreement, but only in the cases in which such amounts are due strictly in accordance with the contractual provisions.
9.1 Any dispute that appears during the performance of the Rental Agreement and cannot be solved amiably, shall be solved by the competent courts.
9.2 The CLIENT consents that the Rental Agreement is governed by the legislation in force in Portugal and any legal action shall take place in Portugal. The CLIENT consents that any additions or amendments to this terms and conditions are null and void if not convened in writing and signed by both parties.
10. FORCE MAJEURE AND FORTUITOUS CASE
10.1 The cases of force majeure shall be notified by the affected Party to the other Party within 3 business days from the occurrence. It shall be considered force majeure cases those unpredictable and unavoidable events irrespective of the fault of the Party that invokes it and which makes the obligations of this Party impossible to execute, for example: natural disasters, war, revolutions, embargo, public authority’s acts, etc. Proof of the force majeure case shall be made with the certificate of force majeure issued by the competent authorities.
10.2 If the force majeure continues for more than 20 business days, any of the Parties is entitled to request termination of the Agreement without the possibility for the other party to object, renouncing on the execution of the Agreement. In any case neither of the Parties have the right to claim compensation, but they have the obligation to execute all their obligations until the date when the force majeure case occurs.
10.3 “Fortuitous case” means a circumstance which has the origin in the activity area of the CLIENT or a circumstance of external origin which has no extraordinary character and may be predicted and prevented with the care and diligence of the most capable person.
11. DATA PROTECTION
11.1 KLASS WAGEN PORTUGAL SRL („KLASS WAGEN PORTUGAL”) will process the personal data provided by the CLIENT before or during the performance of the Rental Agreement in accordance with the applicable personal data protection legislation.
11.2 The data is collected only on the basis of your consent in relation to KLASS WAGEN PORTUGAL and according to the legal requirements. Their processing is done under conditions of legality, fairness and transparency, with the assurance of adequate data security, including protection against unauthorized or illegal processing and against accidental loss, destruction or damage.
11.3 Therefore, it is necessary for your data to be updated permanently. You can intervene at any time regarding the accuracy and use of the data. Please contact us with confidence to rectify or delete them.
11.4 The categories of processed personal data. The categories of personal data processed by KLASS WAGEN PORTUGAL in relation to the CLIENT differ depending on the stage of the performance of the Rental Agreement, however these will include: contact information (name, surname, home address, e-mail address, telephone number), identification information (identity card, passport, nationality, date of birth, driving license), bank account information, held credit/debit card.
11.6 As a data controller, we will take all technical security measures to protect the personal data provided by the CLIENT against unauthorized access, destruction or loss. However, we mention that this data will be made available to the competent public authorities, when this will be mandatory under the law.
11.7 The CLIENT will have the obligation to ensure that the provided personal data are accurate, up to date, and strictly limited to what KLASS WAGEN PORTUGAL has requested in order to conclude and perform the AGREEMENT.
11.9 Please contact with confidence for any questions regarding how protection is available at [email protected] , in order to provide you with an excellent experience in the relationship with KLASS WAGEN PORTUGAL."