Klass Wagen | General conditions of car rental in Portugal
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, to present identification documents and a valid physical credit card issued on its name with a minimum validity of ninety days.
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 the countries he is to visit/transit using the rented vehicle, Klass Wagen SRL (LESSOR) exempt of any liability in the matter.
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 license 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 to drive in Portugal.
The CLIENT shall obtain the right from the LESSOR to use the vehicle based on the national driving license stating the date when he attained such right.
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’s license valid for at least 12 months.
- If the main driver and/or additional drivers hold a valid driver license with less than 12 months of experience and/or are younger than 20 years old (minimum age is 18 years old), the CLIENT will have to pay an “Inexperienced driver” fee of 1000 Euro regardless of the length of the period covered by the rental.
- If the main driver or additional drivers are younger than 23 years old (minimum age is 20 years old) and have a driving license for more than 12 months can rent a car if they pay the “Young driver” fee of 10 EUR for each day of rental. Drivers that are older than 23 years will not pay the “Young driver” fee.
1.4 Additional driver service can be added for an extra cost of 5 EUR/day/driver maxim 50 EUR/driver/rental. Only 2 additional drivers can be added per contract.
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, vehicle maintenance.
In the below table you will find the informational tariffs for rental which are also used for calculating the immobilization days costs:
* 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 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.
2.3 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.
2.4 The LESSOR offers the following additional services:
- New Car Service: 2.95 EUR/day for guaranteed car models manufactured between 2022-2023.
- GPS service: 5Euro/day.
- Parking service: 30 EUR/day if the CLIENT wants to leave his personal car or the rented car during the rental period in the LESSOR’s parking lot. The LESSOR is not responsible for the CLIENT’s car.
The policy for canceling a reservation that was paid in advance 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 48h than the cancellation date, the CLIENT will receive the amount paid (in maximum 5-7 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 48h than the cancellation date, the pre-paid amount will NOT be refunded. The LESSOR will issue a credit voucher for the pre-paid amount for the equivalent of a maximum of 3 days of rental only for any additional services selected/paid by the customer, which the CLIENT can use on a future reservation. „Additional services” represent any other service selected/paid for by the CLIENT besides the rent rate.
**If the CLIENT wants to cancel a reservation with more than 48 hours before the pick-up hour and block the amount paid in advance for a future reservation, we will issue a credit voucher for the full amount.
**The vouchers have no expiration date and can be used for future direct reservations made by phone, e-mail or at any of the LESSOR’s offices.
All cancellations will be announced at [email protected] or by clicking the "Cancel" from the "Manage my 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. The LESSOR cannot guarantee a specific car brand, model, engine, color, or other specifics of the vehicle.
2.7 If at the time of the delivery, the LESSOR does not have a vehicle available of the class for which the CLIENT confirmed a reservation, it shall deliver a vehicle from the immediate superior class without charging the CLIENT extra for this service.
2.8 A 200 km/day limit is included in the rental cost.
2.9 If the CLIENT`s flight has any delay or if the CLIENT will not make it in time for the pick-up, the CLIENT must notify the LESSOR. If the CLIENT does not inform the LESSOR regarding the delay, the reservation will be cancelled. Subject to stock availability, the LESSOR may apply the following conditions:
a) Between 0 - 3h delay: the car can be picked up keeping the same reservation;
b) Between 3 - 24h delay: the car can be picked up keeping the same reservation and the CLIENT must pay a fee of 20 EUR;
c) More than 24h delay: the reservation is definitively cancelled and the CLIENT is not eligible for refund or credit voucher.
2.10 Electronic Road tolls in Portugal
Refundable Security Deposit for Tolls and Fines: 100 Euro.
The Refundable Security Deposit is only a temporary hold on the accepted card. In 30 days after returning the car, if there are no Tolls Charges or Fines, the deposit will be returned to the CLIENT’s account.
The LESSOR offers the CLIENT the option to rent a Via Verde device valid for all highways in Portugal that allows him to pay the road tolls after the return of the VEHICLE.
The cost for renting the Via Verde device is 1.85 Euro/day, maximum 18.50 Euro/rental.
If the CLIENT decides not to pay the cost of renting the Via Verde device but will still make use of it (proof being the statement sent by Via Verde), a 25 Euro administration fee will apply on top of the costs of the highway tolls / parking fees.
Every car in the fleet is equipped with an OBU device, mounted on the windscreen, which facilitates transport on the motorway. It is strictly forbidden for the CUSTOMER to dismantle it or to change the mounting place. It is strictly forbidden for the CLIENT to use his own devices on the rented car. If the LESSOR finds that the device is missing at the return time, the CLIENT will pay a fee of 50 Euro.
2.11 Late charges procedure for tolls and fees:
The LESSOR is authorized to do a late charge using preauthorization transaction or using a card-on-file transaction.
At car pick up time the LESSOR preauthorizes a security deposit of 100 euros which is valid for only 30 days. A pre-authorization holds the mentioned amount in the CLIENT’s account. Once a pre-authorization has happened, the CLIENT won’t be able to use the blocked amount. While a pre-authorization is in effect, it may even look like the amount has been deducted from the CLIENT’s account, this isn’t the case, the money is simply ‘on hold’ until a new transaction is made for that amount (unblocking or partial/total charge).
Card-on-file transaction is a charge made on the card for the amount needed to cover the cost for fees or tolls. Can be successful if there are sufficient funds on the card or if the type of card supports this type of charge.
*Note: If at the pick-ul the CLIENT presents a debit card, or, if the rental is longer than 12 days, the security deposit of 100 euros will be charged, but the difference is returned in maximum 30 days after the car is returned.
Maximum 30 days after a rental contract is closed, when tolls are received by the LESSOR, will be deducted the related amounts (plus administrative fee if E-toll service was not subscribed but it was used during the rental) from the CLIENT’s card using card-on-file transaction; if the transaction is successful, security deposit previous preauthorized will be fully released. If the card-on-file transaction is not succeeded, the LESSOR will charge the value for tolls (and administrative fee if there is the case) from the deposit blocked at the car pick up time.
The CLIENT is informed about tolls and fees charges through an itemized list with the costs on the email address provided at car pick up time.
3. DELIVERY/RETURNING OF THE VEHICLE
3.1 The LESSOR provides shuttle service (shuttle bus) free of charge for its clients from the airport to the LESSOR’s working point (from the city that was chosen by the CLIENT when the booking was confirmed) and vice versa.
3.2 The CLIENT will receive the car's documents in copy to prevent any misuse.
The LESSOR is committed to supplying the CLIENT in relation to the state's authority with the original documents in maximum 48 hours since the request has been made.
3.3 The vehicle shall be delivered in good functioning conditions, clean and sanitized, without any other dysfunctionalities and damages of the bodywork or interior than those emphasized on the “Delivery/Returning Paper” at “Delivery” section.
3.4 The CLIENT acknowledges and verifies the vehicle’s condition before signing the Rental Agreement and any complaints regarding its situation shall be mandatorily brought on delivery date and they shall be detained in the Deliver/Returning Document, at the “Delivery” section. The CLIENT is fully and directly responsible for any damage which has not been mentioned in the document. Claims/objections regarding the vehicle’s situation following the delivery are not acceptable. It is the CLIENT`s responsibility to take photographs of any damage to the vehicle, to keep them and to present them at the return time if it’s requested. Weather conditions do not relieve the CLIENT of the responsibility to inspect the vehicle and, with the assistance of the agent acting at the handover, to record any damage found on the "Deliver" sheet. Photographs taken after signing the contract and handing over the vehicle will not be considered by the LESSOR.
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, the LESSOR reserves the right to inform the Police about the theft of the Vehicle, excepting the case when the CLIENT notifies the LESSOR about its option of extending the vehicle rental period.
For the cases when the CLIENT does not notify the LESSOR regarding his intention to extend the rental before the time specified for returning the vehicle in the Rental Agreement or with a maximum of 3 hours delay, the CLIENT will be charged for the number of days related to the extension at the rate/day related to the reserved class from the day in which the extension is made plus a fixed tax of 50 Euro.
3.7 If the vehicle is returned unreasonably dirty, during the night and/ or in bad weather, when the inspection of the car is impossible, the vehicle will be checked in a maximum of two business days, after the LESSOR has had all the proper conditions to inspect the car. The CLIENT will take full responsibility for all damage found until the Return sheet is issued.
The CLIENT is responsible for the vehicle until the verification process has been completed. The verification process ends with the signing of the vehicle Return Form by both parties. If the return is made in the context mentioned in art. 3.7, or if the CLIENT refuses to sign the document, he will still be considered responsible for the damage identified following the verification.
3.8 The Delivery and Returning of the vehicle shall be done during the LESSOR’s working hours (08:00 AM – 06:00 PM). In case the Delivery or Returning takes place outside these hours a fee shall be perceived in amount of 10 Euro for each individual action or if the Delivery or Returning takes place during the days qualified as national holidays a fee shall be perceived in amount of 25 Euro for every action.
3.9 The Returning of the vehicle in any other city than the one where the vehicle has been taken from, is possible only with the prior written consent of the LESSOR that the transfer is possible. For this service called “One Way Rent”, a transfer fee will be applied depending on the city in which the Returning will take place and the city from which the vehicle has been rented. The fees for this service are presented in the table below:
3.10 In case of a damaged vehicle is returned, the following should be submitted (whether the CLIENT is responsible or not):
- DAAA form (Declaration of vehicle accident) about the Parties' friendly agreement that must be filled correctly with all the information and signed, if the counterparty don´t agree, the CLIENT will have to present the DAAA form completed with at least the license plate of the third party and his personal data together with the information about how the accident occurred;
- copy of the driver license;
- copy of ID documents or Passport;
- pictures from the accident with the visible plates of the intervenient cars;
- copy of the insurance policy;
- copy of the registration certificate of the other party involved.
In case the damage is made by a third party, by bringing the documents that prove this (DAAA form), the CLIENT will not be held responsible for the value of the damage.
If the DAAA form is not presented by the CLIENT, no complementary insurance or additional protection services will apply, and the CLIENT will be liable for all damages attributable to him, especially those suffered by the vehicle, within the limit of the market value of the vehicle, to which the expenses and costs are added, generated for the transport, the immobilization and costs for managing the damage case (or the costs and expenses incurred in taking the vehicle out of use if it’s the case), but also for the compensation of the damages possibly caused to a third party.
4. USE OF THE VEHICLE
4.1 The CLIENT takes full responsibility (financial, civil, and criminal) with minimum the value of the damage and maximum the market value of the car before it was damaged 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 the influence of alcoholic, drugs or any other forbidden substances;
d) in any kinds of races, tests, competitions, off-road, as a learner car, or any other illegal activities;
e) on roads flagged as closed for public driving or loaded over the maximum admitted load or over the maximum number of persons as specified in the registration certificate of the 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 is possible only if the following conditions are met:
a) the CLIENT presents a Visa / Mastercard credit card issued in his name,
b) the LESSOR gives his written consent through a document expressly stipulating this,
c) the CLIENT pays the additional cross-border service fee of 12.40 Euro/day of rental VAT included, maximum 150 Euro/rent/month,
d) the CLIENT agrees to pre-authorize 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.
Cross border is allowed only in Spain. Using the car on the islands of Azores and Madeira is strictly forbidden.
For unauthorized cross border the CLIENT shall cover all the costs incurred to the LESSOR for the vehicle recovery (if it’s the case) and an administration fee of 1500 euros.
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 the LESSOR.
4.5 The CLIENT shall not leave under any circumstances the doors, windows, carrier, or the vehicle itself open and shall not let in any case the keys or vehicle documentation in the Vehicle.
4.6 In case of a malfunction occurred during the rental, the car repair can be made only at an authorized service designated by the LESSOR and only with the LESSOR’s knowing, express authorization and instructions. After the rental agreement is closed, the car will only be repaired by the LESSOR. The cost for this repair will be paid by the CLIENT according to these Terms and Conditions.
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 00351 707 502 656 and the CLIENT undertakes to inform through phone call or email at [email protected] without delay the LESSOR which will assist him and give all the instructions according to the situation.
Road assistance is free for the „Risk 0” rental option, except for the cases explained in article 6.6 herein.
For situations where the CLIENT requests road assistance and has not purchased the „Risk 0” service, if the accident/incidend/malfuction was produced by the CLIENT’s fault, the costs for the assistance will be covered by the CLIENT. In case the accident/incident/malfunction was produced by the LESSOR’s fault, the assistance will be offered free of charge.
5.INSURANCES/RESPONSABILITIES
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 chapters 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)/event, which is the equivalent of the guarantee, object of chapter 6 below.
5.2 Personal insurance of the CLIENT, the passengers, the luggage, or any goods shall not be subject of the Rental Agreement and is not covered by the rented vehicle’s 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 takes responsibility to cover all and any issues produced to the rented vehicle, during the period in which the vehicle is under contract, the LESSOR being exonerated from any liability.
The CLIENT agrees that the LESSOR will communicate all the necessary data to the TP/CASCO insurer to start the necessary procedures required to recover any damages. The LESSOR is not liable for any kind of damages or losses of the CLIENT and for any kind of damages caused by the fault of the CLIENT.
5.4 In case of accident, total or partial theft, or destruction of the vehicle while CLIENT is using the car (whether or not the event is due to the exclusive or common fault of the CLIENT), a fact confirmed by the competent authorities, the CLIENT is liable only with the amount retained as a Guarantee, except in cases where the damages caused due to an accident, total or partial theft or destruction that are not covered by the insurance policies, cases expressly excluded and mentioned as such in these Terms and Conditions (art. 6.6 from the LESSOR’s Terms and Conditions).
5.5 The Guarantee shall not be reimbursed or shall be refunded only partially if the conditions of article 4.6 are not met or in the expressed cases provided under article 6.4 of these Terms and Conditions.
5.6 The Guarantee can be considered as an insurance franchise for situations where damage occurs by the CLIENT’s fault. The CLIENT is fully liable and has to pay all damages, costs and/or losses if the driver is under alcohol or drugs influence, if the conditions provided by the Rental Agreement have not been met (explained in art 6.6 from these Terms and conditions of rental), 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 financially 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, hour and the location stated in the Rental Agreement without a written approval from the LESSOR for 48 hours or more, or in case of using it beyond the rental term without a prior written approval in this regard from the LESSOR, the CLIENT shall be fully liable (financial, civil and criminal). The fees specified in these Terms and Conditions of rental article 3.6 will apply.
In case the vehicle is not returned in 48 hours or more, without a written consent from the LESSOR, the CLIENT shall cover the days required for the recovery or returning date, to pay all the costs incurred to the LESSOR for the vehicle recovery and an administration fee of 1500 Euro. This action of the CLIENT constitutes a serious breach of contract and shall be sanctioned according to the contractual conditions applicable. After the moment 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.
The LESSOR is liable only for unlawful acts committed through its own fault in the performance of the service provided to the CLIENT. If the damage was caused intentionally or by gross negligence on the part of the CLIENT, or if the damage was caused by the CLIENT`s state of health or by the actions of a third party, the CLIENT shall be liable.
The damages caused by imprudence or negligence shall fully exonerate the LESSOR of liability and the CLIENT understands to be exclusively liable for damages caused directly or indirectly, partially, or totally by the CLIENT’s behavior, renouncing to request any compensations from the LESSOR.
6. THE GUARANTEE/ “RISK 0” SERVICE
6.1 On the signing of the Rental Agreement, the CLIENT must block on a credit card on his name a Guarantee of 200 Euro to 4.000 Euro that will be unblocked in a maximum of 10 days after the end of the Rental Agreement if all the conditions of these Terms and Conditions are met.
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 CLIENT knowing the value of the Guarantee prior to the conclusion of the Rental Agreement.
The guarantee will be 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, the LESSOR will process other pre-authorization transactions on the CLIENT's credit card whenever is necessary, so that during the contractual rental period there is a valid guarantee pre-authorization transaction.
6.3 The Guarantee shall be fully or partially reimbursed to the CLIENT in the following conditions:
a) The vehicle needs to be returned without any defects or damages caused by third parties 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 attests it’s innocence (within art. 3.10 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 sheet”;
e) The accessories (i.e. GPS, child seat, 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 damage, scratches or damage to the paintwork, car body or interior (upholstery, dashboard, etc.), bent, broken or scratched rims, defective tires, any crack or scratch on the windshield or any other glass or plastic surfaces (including front lights, rear lights, side mirrors), missing, torn , scratched, dented or cracked parts of the vehicle or any other malfunctions and defects other than those highlighted on “Delivery/Returning Paper” at “Delivery” section. Quantification of the damage will be carried out by the international online service EUROTAX, and the LESSOR has the obligation to provide the CLIENT with an excerpt of the report issued by EUROTAX in electronic format, by email, to the e-mail address mentioned within the Rental Agreement, before the date on which the amounts needed for repair are retained according to these Terms and conditions of rental. The CLIENT declares that it consents to the use of this impartial means to quantify any damages.
a. The LESSOR will inform the CLIENT in a maximum of 30 days from the car return date regarding the status of the damage case by e-mail, at the address mentioned within the Rental Agreement. The result of the processing of the case will be transmitted to the CLIENT in a maximum of 60 days from the day the new damage was identified.
b. The Guarantee is blocked at the pick-up and is valid for only 30 days. The term of unblocking/returning the Guarantee, in whole or in part, is 60 days from the return of the car. The guarantee will be collected with or without the CLIENT's consent within a maximum of 30 days from the return of the car, by debiting the card, if the LESSEE needs additional time to process and resolve the case. Also, the LESSEE must consider the terms of the bank issuing the card.
b) The CLIENT does not return the keys, documentation or any other accessories received on delivery date of the vehicle;
c) The returning of the vehicle is not happening at 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 (mechanical, electrical or any safety elements) 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; The e-mail communication shall be considered as received in the first working day after the communication was sent.
e) The CLIENT did not fulfill 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 should present the following:
- DAAA form (Declaration of vehicle accident) about the Parties' friendly agreement that must be filled correctly with all the information and signed, if the counterparty don´t agree, the CLIENT will have to present the DAAA form completed with at least the license plate of the third party and his personal data together with the information about how the accident occurred;
- copy of the driver license;
- copy of ID documents or Passport;
- pictures from the accident with the visible plates of the intervenient cars;
- copy of the insurance policy;
- copy of the registration certificate of the other party involved.
If the DAAA form is not presented , 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 and costs are added, generated for the transport, its immobilization and costs for managing the damage case (or the costs and expenses incurred in taking the vehicle out of use if it’s the case), as well as the payment to a third party of any damage caused.
g) In case the CUSTOMER receives a car of another class than the reserved class, the repair estimate will be issued for the assigned car.
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 15 Euro and 100 Euro 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 in the conditions explained in art. 7.2 of these Terms and Conditions;
b.1) Benefits of replacement vehicle outside Portugal borders within 24 hours from the notice of the incident/accident, only with "cross border" service explained in art. 4.3 in the conditions explained in art. 7.2 of these Terms and Conditions.
c) Benefits of Roadside Assistance non-stop in Portuguese territory and abroad (only under the conditions explained in art. 4.3 and art. 6.6);
d) Reduces the value of the Standard Guarantee to 100 Euro if the cross-border service has not been selected. This guarantee will be charged according to article 2.10 of these Terms and Conditions of rental.
d.1) Reduces the value of the Standard Guarantee to 150 Euro if the cross-border service is selected. The guarantee will be blocked for possible traffic penalties during the rental, missing documents, returning the car with less fuel than it was received, or car returned excessively dirty. For cases in which the above costs exceed the value of the Administrative Deposit, the CLIENT undertakes to pay the difference in price when returning the vehicle in accordance with the Terms and Conditions set out in the Rental Agreement. This Guarantee will be automatically unblocked after 30 days if the above conditions have been met.
e) Has food and accommodation or the equivalent of the transport to home (only on Portugal’s territory) covered by the LESSOR in total amount of 70 Euro, 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 must hand over, on returning date of the vehicle, the Fiscal Bill representing the costs incurred with needs to mandotary be issued with the identification data of the LESSOR mentioned within the Rental Agreement.
6.6 Situations that are NOT COVERED by the Risk 0 service or road assistance:
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 documents mentioned in art. 3.10;
d) Did not inform the LESSOR within 12 hours in relation to road event occurred and did not fill on returning the vehicle the affidavit on its own responsibility regarding the circumstances in which the accident/incident has occurred;
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; damages/malfunctions produced to the rented vehicle;
g) Drove the vehicle on unmarked roads on the Official Map of Portugal, unpaved or rough (forest road), on road closed to public driving, in industrial areas or at the crossing of water courses resulting damages/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 the LESSOR 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 the LESSOR 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 as explained in art. 8.9 of these Terms and Conditions;
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 the LESSOR will block a standard Guarantee related to the class (category) of the reserved vehicle.
If one or more of the situations listed above occur, the CLIENT will be liable for the car with at least the value of the damage caused but not more than the market value of the car before it was damaged, and shall be responsible for all the costs related to road assistance provided by the LESSOR.
7. ACCIDENTS/INCIDENTS, MALFUNCTIONS OR THEFT
7.1 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 abide the legislation regarding leaving the place of the accident;
b) To take all the possible measures to limit the damages;
c) To inform without delay the Police of the region in which the accident/incident took place 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 numbers available NON-STOP +351 308 800 132 / +351 300 527 562 or via e-mail at [email protected] 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 LESSOR representatives at the returning of the vehicle all the documents required at art. 3.10 from these Terms and Conditions filled according with the reality regarding the circumstances in which the incident with the rented vehicle has occurred.
7.2 The LESSOR has the following obligations when the following issues occur:
a) In case of accident:
If the car can be driven in safe conditions and none of the steering or braking components are damaged, then the car will be replaced within 24 hours after the CLIENT presents the documents mentioned in article 7.1 letter ”e”.
If the car can no longer be used due the damages it suffered because of the accident, then the LESSOR will replace the car within of 4 hours if the car is on Portuguese territory. If the event took place outside of Portuguese borders, then the car will be replaced in within 24 hours after the CLIENT can provide the documents mentioned in article 7.1 letter ”e”.
b) In case of technical malfunction:
In case of a technical malfunction that immobilized the car or the car presents issues to the steering or braking system, then the car will be replaced within 4 hours if the CLIENT is on Portuguese territory and after the CLIENT confirms he is aware of chapter 6 of these Terms and Conditions or, if at the time when the LESSOR’s representative will arrive there is no technical fault found, the CLIENT will pay for requesting technical assistance without any justification. The amount will be communicated by the LESSOR’s representative before leaving for the CLIENT.
If the CLIENT is outside Portuguese borders the car will be replaced within 24 hours after the CLIENT confirms he is aware of chapter 6 of these Terms and Conditions or, if at the time the LESSOR’s representative will arrive there is no technical fault found, he will pay for requesting technical assistance without any justification. The amount will be communicated by the LESSOR’s representative before leaving for the CLIENT.
c) In case of technical malfunction that does not immobilize the car, then the car will be replaced within 24 hours after the CLIENT confirms he is aware of chapter 6 of these Terms and Conditions or, if at the time the LESSOR’s representative will arrive there is no technical fault found, he will pay for requesting technical assistance without any justification. The amount will be communicated by the LESSOR’s representative before leaving for the CLIENT.
7.3 If the CLIENT does not respect these Terms and Conditions, reports the accident too late, or declares false information regarding any aspect of the incident, the CLIENT may be liable for costs incurred in connection with the incident and may be civilly and criminally liable for all consequences.
7.4 In case of any incident or accident caused by the CLIENT by own fault, after inspection and taking into consideration all the factors the LESSOR is in title to refuse the delivery of a second vehicle.
8. TAXES/PENALTIES
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 in the Rental Agreement for the cases in which the CLIENT announced the LESSOR regarding the late return. For the cases in which the CLIENT doesn’t announce the LESSOR regarding the late return, the tarifs explained in article 3.6 of these Terms and Conditions shall apply.
8.2 The Guarantee will only be considered a deductible if the risk is due to the fault of the CLIENT or caused by unknown authors, except the case when the CLIENT purchase the „Risk 0” service, being no longer be liable for the cases, under the conditions described at article 3.10 and chapter 6 of these Terms and Conditions.
8.3 The rental price and the Guarantee are calculated based on the prices made available to the CLIENT within the Rental Agreement and shall be paid in advance or 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 extent of the hereof.
The unauthorized extent is chargeable according to article 3.6 of these Terms and Conditions.
8.4 If the vehicle is returned before the initial drop off date, there will be no refund for the unused rental days. A voucher with the unused additional services for the equivalent of a maximum of 3 days of rental will be issued. The voucher will be available for use in any of the LESSOR’s locations and has no expiry date.
8.5 The CLIENT is liable for fines imposed for traffic offences or violations of the applicable local legislation, part of which is paid by the LESSOR to the authorities and part of which is paid by the CLIENT to the LESSOR. Under the applicable legislation, the LESSOR is in certain cases obliged to declare the CLIENT’s details to the competent authorities, which will contact the CLIENT directly. The LESSOR reserves the right to charge the CLIENT an administrative fee of 50 Euro for its assistance in settling the fine.
8.6 The fuel is not included in 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 at the market price plus a fixed refueling tax in amount of 20 Euro.
8.7 The return of the vehicle excessively dirty compared to the initial state shall be sanctioned with a tax in amount of 50 Euro. 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 the LESSOR. In case the vehicle is returned with proof which confirms smoking in the interior of the vehicle, the CLIENT shall pay a penalty tax amounting 124 Euro to the LESSOR.
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 for 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 insurance of the vehicle DO NOT COVER damages caused by smoking!
8.9 Other taxes and penalties: Loss of keys = 400 Euro; Loss of the documents = 200 Euro; Loss of car license plates = 250 Euro; Loss of the accessories = 70 Euro; Refuse to fill the Affidavit of accident/incident (including the case when purchased Risk 0 Service) = 150 Euro. Unauthorized return of the car in another location: the recovery costs plus penalty tax in amount of 1500 Euro (issue mention under art. 5.8); Misfuelling fee = 500 Euro + the cost of the technical intervention for the situation in which the car was fueled with a different type of fuel than the one indicated on the tank flap. The price for the technical intervention is determined according to the location where the car is at that moment.
For tire damage cases, in which tires needs to be replaced (or repaired) the LESSOR will apply, together with the immobilization days costs and the administration fee, the next fixed rates:
DEBIT AGREEMENT UPON THE CREDIT CARD
The LESSOR reserves the right to further collect from the CLIENT’s credit card: 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 × the rate as displayed in the table from art. 2.1 herein according to the reserved class or, if the customer requests an upgrade/downgrade, the allocated class) plus a fixed tax of administration in amount of 85 Euro (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 the LESSOR 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. JURISDICTION/VALIDITY
9.1 Any dispute that appears during the performance of the Rental Agreement that 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 these 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 of 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 LDA („the LESSOR”) 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 categories of personal data processed by the LESSOR 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 (card number and it’s expire date).
11.3 The data will be collected only with the CLIENT’s approval in relation to the LESSOR and according to the legal requirements. Their processing is done in conditions of legality, fairness, and transparency, with the provision of adequate data security, including protection against unauthorized or illegal processing and against accidental loss, destruction or damage.
11.4 The LESSOR will process these personal data submitted by the CLIENT as data controller for the purpose of concluding and performing the Agreement, invoicing the services offered by the LESSOR and their payment, as well as for handling the requests and the complaints or the fulfilment of the legal obligations of the LESSOR and for sending to the CLIENT’s email address by the LESSOR of the feedback survey regarding the offered services. Further details on how the personal data provided by the CLIENT are processed, the applicable purposes and on the legal grounds can be found in our Privacy Policy available at https://www.klasswagen.com/Privacy-Notice-Portugal.html.
11.5 As a data controller, the LESSOR will take all technical security measures to protect the personal data provided by the CLIENT against unauthorized access, destruction, or loss. However, the LESSOR mentions that this data will be made available to the competent public authorities when this is mandatory under the law.
11.6 The CLIENT will have an obligation to ensure that the provided personal data is accurate, up to date, and strictly limited to what the LESSOR has requested to conclude and fulfil the Agreement.
11.7 Therefore, it is necessary for CLIENT’S data to be updated permanently. The CLIENT can intervene at any time regarding the accuracy and use of the data. The CLIENT can contact the LESSOR with confidence to rectify or delete them.
11.8 The CLIENT benefits of access right, data portability right, intervention right upon the data for their rectification or supplementation, the right to not be subject to an automated individual decision and the right to address to any court. At the same time, in certain situations, the CLIENT has the right to oppose data processing related to him and to request its deletion or to request the restriction of the processing activities. For more details on these rights, but also how they are exercised, the CLIENT can consult the Privacy Policy available on the LESSOR’s website https://www.klasswagen.com/Privacy-Notice-Portugal.html.
11.9 The CLIENT can contact the LESSOR for any questions regarding how protection is available at [email protected].
12 Late charges procedure
The LESSOR is authorized to do a late charge using preauthorization transactions (which is valid for only 30 days) or using card-on-file transactions.
The amounts charged from the pre-authorized deposit will be te amounts explained in these Terms and Conditions of rental in art. 2.3, 4.1 and chapters 5, 6, 7 and 8 and it will be transmitted in advance by the LESSOR to the CLIENT at the e-mail address mentioned within the Rental Agreement.
At car pick up time the LESSOR preauthorizes a security deposit mentioned in the Rental Agreement. A pre-authorization holds the deposit in the CLIENT’s account. Once a pre-authorization has happened, the CLIENT won’t be able to use that money for anything else until a new transaction (unblock or charge) is made by the LESSOR.
For doing a late charge will be used only one of the following transactions:
a) Total or partial charge of the pre-authorized amount.
b) Card-on-file transaction is a charge made on the card for the amount related to cover the cost of damage, administrative fees, penalties etc. Can be successful if there are sufficient cards on it or fi the type of card supports this type of charge. In case the transaction is successful, the previous deposit blocked is fully unblocked.
For the situations explained in these Terms and Conditions in which late charges are required, the CLIENT is informed by the LESSOR on e-mail about the costs and is charged using one of the transactions described above.
For the cases in which no late charge is needed for the pre-authorized amount, the LESSOR will fully unblock the deposit and will inform the CLIENT regarding this aspect.
Effective from:
The CLIENT declares having read and agree with GENERAL CAR RENTAL CONDITIONS.
The CLIENT hereby authorizes the LESSOR to communicate his personal data to ARAC (Associação dos Industriais de Aluguer de Automóveis sem Condutor) to be included in a database in an event of non-compliance of the Terms and Conditions. The consultation shall be made in the responsible entity for data processing.
The CLIENT agree that if he subscribe to “Via Verde” E-toll service using a device property of Klass Wagen LDA, the amount of all fees due for transposition of any electronic toll barrier in road infrastructure, highways, and bridges, can be determined to be paid by the CLIENT during the rental period. For payment, the CLIENT must submit a valid credit card, and assure in his bank account the balance to face the payment of any due amount due after the transposition of any electronic toll barrier in any infrastructure previously mentioned, if the debits can occur after the end of the contract, since the transposition of any electronic toll barrier occurred in the rental period. The CLIENT is also responsible for the correct use and care of the “Via Verde” device and it is, in any case, expressly forbidden to remove the device from the place it has been installed. Is also responsible to inform the LESSOR of any anomaly in the device. Non-subscribing to this but still using highways will occur administrative fee of 25 Euro plus tolls.
The CLIENT authorizes the LESSOR to charge his card for tolls, damages or other penalties described in the contract and the CLIENT was informed about.
