Clause 1
Object
1. 1. Through this rental contract, Destinos Espantosos, Lda, hereinafter referred to as LESSOR, rents the car best described in the Specific Conditions of this contract, to the Client, also identified in the Specific Conditions of this contract, hereinafter referred to as RENTER, under the terms of the General Conditions that follow.
2. If the unavailability of the vehicle, previously hired or subject to reservation, the LESSOR will ensure the provision of equivalent service or will provide a vehicle of superior range, without any additional cost to the LESSEE.
Clause 2
Delivery and Return of the Vehicle
1. The LESSEE declares having received the vehicle identified in the particular conditions of this contract, in good conditions of use and cleanliness, in the terms of the joint checking designated “check out”, with the respective equipment, accessories and documents, namely the single automobile document, document proving the automobile civil responsibility insurance policy, inspection record, when applicable, copy of the present Contract, and equipped, namely, with the tyres in good conditions, with the load and mileage level described therein, committing to return it in the same conditions in which it was received, at the place, date and time designated in the Particular Clauses of this Contract.
2. In case of deterioration of the tyres for reasons unrelated to a prudent and normal use, the LESSEE undertakes to replace the front and/or rear pair of tyres, depending on the tyre that has been damaged, immediately and at its expense, for tyres with the same characteristics and brand, although it may settle the cost of replacing the tyres to the LESSOR, under the table in force at that time.
3. The LESSOR is not liable to the RENTER or any third party for the loss, theft, robbery or material damage of goods left inside the vehicle, during and after the rental period.
4. The LESSEE shall return the vehicle at the end of the Contract or on the date of its termination, unless otherwise agreed (in writing), at the LESSOR’s facilities where it was delivered, during office hours, or at a place indicated by the latter, under penalty of being considered as breached this Contract.
5. When the LESSEE returns the vehicle to the lessor, the latter is obliged to deliver to the LESSEE a document proving that the vehicle was delivered by the lessor and accepted by the lessor.
6. If the vehicle is left at a place other than the agreed location, there will be a mileage allowance or a return “fee” in accordance with the rates in force at the LESSOR corresponding to the distance between the place where the vehicle is left and the agreed location, as well as the payment of any and all expenses that are caused by the lack of battery charge, need to tow the vehicle, and damage caused to the vehicle as a result of not having been returned at the agreed location.
7. The LESSEE is responsible for all loss or damage, including theft or robbery of the vehicle, if it is not returned to an employee of the LESSOR.
8. If the vehicle is not returned on the agreed date and time, the LESSEE undertakes to pay the LESSOR as a penalty clause, for each day of delay, whole or fraction, an amount calculated on the basis of three times the daily rate for the rented vehicle, subjecting itself also to the LESSOR to trigger the civil and / or criminal legal procedures necessary for the recovery of the vehicle and compensation for the losses suffered, including the use of precautionary procedure appropriate to the restitution of the vehicle.
9. If the vehicle has defects, damage or levels of dirt contrary to its normal and prudent use, namely by having tobacco smell, having transported animals, being vomited, or other, requiring the LESSOR an extraordinary and thorough cleaning of the exterior and/or interior of the vehicle, or its cleaning, instead of a simple and ordinary cleaning, such as the one that would be possible in a self-service manual washing centre, the LESSEE will indemnify the lessor for the respective cost of its repair, extraordinary cleaning and/or sanitization, as well as for the immobilization time of the vehicle for repair, extraordinary cleaning and/or sanitization.
Clause 3
Vehicle Use
1. The LESSOR undertakes to:
a) Use the vehicle normally and prudently, in compliance with the law, especially the Highway Code, making sure that the vehicle is properly parked in a safe place and locked when not in use;
b) Give the driving of the rented vehicle only to drivers expressly authorized by the LESSOR, since these have age above 21 (twenty one) years and have a valid driving license for more than 2 years or, age of 20 (twenty), have a valid driving license for more than 1 years and have made the payment of the supplementary fee charged by the LESSOR under the table of prices in force and posted by this;
c) Not leave the vehicle documents inside the vehicle, always carrying them;
d) Not to smoke, or allow passengers to smoke, in the vehicle;
e) Charge the vehicle battery whenever necessary and for the necessary time, so that it never reaches and maintains a level lower than 10% (ten per cent) nor higher than 90% (ninety per cent) of the total charge unless it is to be used on that same day or the next day; plus it is obliged to charge the vehicle battery using the appropriate chargers for that purpose;
f) To return the vehicle at the end of the rental period, in the same state of conservation and cleanliness, with the equipment, key and respective documents;
g) Pay, as soon as requested, the rental price and the resulting charges that are charged by the LESSOR, namely for: damage repairs to the vehicle; the missing electricity to charge the vehicle’s batteries up to the level allowed in clause five, number four of these general conditions; the refuelling “tax” or the extraordinary cleaning;
h) Pay the toll and parking fees, physical or electronic, including any additional administrative costs that may be charged. The LESSOR is not responsible for any payment resulting from the failure to regularize within the legal deadline due to a reason attributable to the LESSEE;
i) Immediately report any defect or malfunction of the vehicle;
j) Avoid that by act or omission, third parties have the conviction that the vehicle is their property, notifying the LESSOR immediately in case of attachment, seizure, theft, robbery, requisition, confiscation or any other offense of property, possession or detention of the vehicle.
2. Without prejudice to civil liability, the LESSEE, under penalty of exclusion from insurance coverage, will not allow the vehicle to be:
a) Driven by a person: i) not identified and accepted by the LESSOR, as stipulated in the Contract or any attachment or amendments that form an integral part thereof; ii) under the influence of alcohol, narcotics or other similar state of perturbation that, directly or indirectly, reduces its perception and capacity to react;
b) Is used for pushing or pulling any vehicle or trailer or any other object with or without wheels; in competitions or sports training of any nature, official or otherwise; transport in violation of the Law, namely of what is stated in the Vehicle’s Single Automobile Document;
(c) is used for carrying passengers or goods in contravention of the law.
3. It is forbidden for the LESSEE, in relation to the vehicle, its documents, tools, parts, equipment, loading cables and accessories and other components, to practice the following acts: sublease, lend, assign, sell, encumber or in any way give in guarantee, transform, replace, modify or put advertising or commercial mentions.
4. The LESSEE is exclusively responsible for the fines, fines and other penalties that the Courts and Administrative Authorities establish, as a result of administrative and criminal proceedings for violations of the Highway Code, tolls, parking, among others committed with the vehicle, during the rental period.
5. It is forbidden for the LESSEE to circulate with the vehicle outside of paved roads or paths, or paved with serious deficiencies or irregularities that are likely to cause damage to the vehicle, as well as in any places that are not intended for motor traffic (eg beaches, forest paths, dirt roads and / or gravel) in circuits, racetracks or other similar.
6. The LESSEE is responsible for all and any damage caused to the top and bottom of the vehicle, as well as all its interior, during the validity of this contract, provided that such damage is not covered by the insurance policy in force during this period.
7. The LESSEE can only use the vehicle outside the Portuguese Continental Territory, in Countries covered by the International Green Card Certificate, after written authorization from the lessor, which may require the provision of additional guarantee to the commercial value of the vehicle; the LESSEE should request the authorization with at least 48 hours in advance, presuming not authorized the departure of the vehicle in case of silence of the lessor.
8. The LESSEE can only transport and/or use the vehicle outside the island it was received at after written authorization from the LESSOR, which may require additional security deposit up to the limit of the value of the car; the LESSEE must request the authorization at least 48 hours before the requested date of leaving the island, and it must be assumed as not authorized in case of no explicit reply with consent from the LESSOR.
9. The Contract will be considered automatically terminated if the vehicle is used in conditions that constitute a violation of the same, having the LESSOR the right to recover the vehicle, at any time and by any means, without need for prior notice, being the respective charges the exclusive responsibility of the LESSEE, without prejudice to the compensations that are legally or contractually due to the LESSOR or to third parties, as the case may be.
Clause 4
Price, terms and payments
1. The rental price is determined by the tariff in force for the category of the respective vehicle and paid in advance, as best stated in the Specific Clauses.
2. The price must be paid in “EURO”.
3. If the LESSEE wishes to extend the rental, he/she must obtain in advance and in writing the LESSOR’s agreement, proceeding with the advance payment of the rental amounts due for the agreed extension.
4. If the rental is extended, the LESSEE must always keep with him/her the duplicate of this Contract, as well as the document proving the extension agreed with the LESSOR.
5. If the LESSOR does not give its written consent to the extension of the rental, the rental terminates at the end of the term established in this Contract, being the LESSEE obliged to deliver the vehicle in the terms foreseen in clause 2 of the General Conditions of this Contract.
6. The LESSEE is also obliged to pay the LESSOR, in addition to the rental price:
a) The amount referring to the deposit due for the rental, under the terms of the tariff in force in the LESSOR at the moment of the celebration of this Contract;
b) The value referring to the insurance deductible, corresponding to the category of the vehicle rented by this contract and defined in the table in force in the LESSOR;
c) The amount corresponding to the price of additional services contracted in the Particular Conditions, according to the table in force and posted in the LESSOR;
d) The price corresponding to the effective duration of the rental, according to the rental period and respective mileage calculated in accordance with the rate in force in the LESSOR for the category of the rented vehicle and for the territory in which it is destined and authorized to circulate;
e) The price of €60 (sixty euros), plus VAT at the legal rate in force, whenever the rented vehicle is expressly authorized by the LESSOR to circulate outside the national territory in countries covered by the International Green Card Certificate;
f) The daily price of €5 (five euros) for each additional driver that is expressly authorized by the LESSOR, up to a maximum of €50 (fifty euros) during the initial period of the rental contract, plus VAT at the legal rate in force;
g) The daily price of €5 (five euros) for each additional driver that is expressly authorized by the LESSOR, up to a maximum of €50 (fifty euros) during the period of each extension of this rental contract, plus VAT at the legal rate in force;
h) The price of €60 (sixty euros), plus VAT at the legal rate in force, for each driver (main or additional) aged 20 with a valid driving licence for more than 1 years;
i) The amounts corresponding to the damages resulting from an accident to which it has given cause, theft or robbery, possible expenses with hospitalization and medical assistance of the driver and other passengers, when not covered by the insurance. If such damages are covered by the insurance, the LESSEE is obliged to compensate the lessor subsidiarily, as well as to pay the maximum amount of the respective deductibles;
j) The amounts corresponding to the taxes and fees payable by virtue of the situations set out in the preceding subparagraphs;
k) The amount of €50.00 (fifty euros), plus VAT, at the legal rate in force, for each vehicle document that is destroyed, suffers abnormal deterioration or, by any means, is lost;
l) The amount of €250 (two hundred and fifty euros), plus VAT at the legal rate in force, in case of destruction, abnormal deterioration or loss, through loss or theft, of the vehicle key;
m) The amount, defined by law and practiced by the electric energy supplier, for each KhW of energy in PCR, plus VAT at the legal rate in force, and fee for the vehicle battery charging service up to the minimum level provided for in number four, of clause five of these general conditions, at the rate in force in the LESSOR, whenever, at the end of the rental, it is not returned under these conditions;
n) The sum of €100.00 (one hundred euros), plus VAT at the legal rate in force, in case of need for extraordinary cleaning or sanitization of the vehicle, as well as the value corresponding to the daily rental rate for each day that the vehicle cannot be rented due to being subject to cleaning or sanitization;
o) The judicial and extrajudicial expenses, fines and other pecuniary sanctions, whatever their nature, resulting from the violation of any legal rule attributable to the LESSEE or to the vehicle during the period in which, by means of the present rental contract, it was in its custody and under its responsibility;
p) The LESSOR being notified, as a result of an administrative offence or unlawful conduct committed by the LESSEE, to identify the same, the LESSEE undertakes to pay you, as administrative expenses, the amount of €32.00 (thirty two euros), plus VAT at the legal rate in force, for the information provided to the competent authorities;
q) The amount of €100 (One Hundred Euros), plus VAT at the legal rate in force, as administrative expenses in the event that the LESSOR has to analyse the collection of damages;
r) The expenses and costs, namely judicial, incurred by the LESSOR to obtain the compliance by the LESSEE with the provisions of the Contract, namely the collection of amounts that are due by the latter, under the terms legally foreseen;
s) The cost of repairing the damage you have caused, namely by impact, collision, overturning, theft and/or robbery of the vehicle, as well as its immobilization for each day that the vehicle cannot be rented, calculated based on the budget for the repair and/or restoration of the vehicle to the state in which it was before the damage or accident, at the time of the occurrence of the facts, and with the daily rental rate in force in the LESSOR, provided that they are not covered by an insurance policy in force;
t) The cost of replacing any cables, accessories or components, namely for charging, the battery or the car, which have been delivered with it to the LESSEE and have not been returned by the latter;
u) The cost of replacement by parts or components of the original car if the LESSEE has proceeded to its replacement without the express authorization of the LESSOR;
v) The cost of repairing all and any damage caused by the LESSEE due to misuse, excessive use or use in abnormal conditions in relation to the characteristics and capacities of the vehicle.
7. If the rented vehicle is a TESLA vehicle and the LESSEE charges its battery in TESLA’s “Supercharge” chargers (SUC), the LESSEE shall also be obliged to pay to the lessor the price corresponding to the electricity used in the Tesla SUC, plus the SUC occupation rate due to TESLA for the use of the SUC for more than five minutes after the complete charging of the vehicle, during the period of this contract, and according to the amounts invoiced by TESLA to the lessor.
8. To ensure compliance with the obligation set out in the preceding paragraph, the LESSEE authorizes the blocking of a pre-authorization in the amount defined in the Specific Conditions, in a valid credit card, staying this amount captive, by way of security, for 30 days after the date of delivery of the vehicle and termination of this contract, to meet the payments due, of debits that may occur in time subsequent to the detection of use of the SUC of TESLA, accepting that the debits may occur after the end of the contract, provided that such use has occurred during its term.
9. The LESSEE, to guarantee the fulfillment of the obligations arising from the Contract, namely regarding the rental, the battery charge, the toll and parking fees, the use of the SUC of TESLA, the insurance excess, will provide security by the amount referred to in the particular conditions of this Contract, in cash, through certified check or credit card debit, expressly authorizing the LESSOR to fill and debit the amounts due.
10. The deposit referred to in the previous number will be returned to the LESSEE as soon as the vehicle is returned to the lessor, in the state in which it was delivered to him, and are paid all the amounts due by the first. However, if there are values to settle (among others: additional days of rental, expenses of electricity / charging and / or the franchise), the LESSOR will apply the value of the deposit, in whole or in part, in the payment of them, without prejudice to claim in court the amount still owed.
11. Any and all invoices not paid on the due date shall be subject to interest on arrears, calculated at the legal rate in force, from the due date until full and effective payment.
Clause 5
Maintenance, Vehicle Repair and Battery Level
1. If you notice any technical problem in the vehicle, the renter must immobilize it immediately and contact the lessor or, when this occurs out of office hours, the travel assistance.
2. In case the vehicle is immobilized due to a breakdown, the repairs can only be carried out by the LESSEE when authorized, in writing, by the LESSOR and in accordance with the instructions that this, expressly, transmit to you, and its price should be included in a detailed invoice with indication of the parts replaced, and issued in favor of the LESSOR.
3. The towing expenses, as well as any breakdown, inside or outside the country, due to misuse of the vehicle, namely due to the battery running out, will be the exclusive responsibility of the LESSEE.
4. The vehicle is delivered to the LESSEE with the battery charged as described in the particular clauses of this contract, it must be returned to the LESSOR with at least 10% (ten percent), under penalty of being charged the cost of the missing electricity, plus “fee” of charging service legally allowed.
5. The Renter must take all necessary protective measures to keep the vehicle in the same condition in which it was delivered to him, checking regularly, namely: i) the general condition of the vehicle; ii) the tyre pressure; iii) the charge level of the battery, not allowing it to be less than 10% (ten per cent) of the total charge, in which case, charging it immediately.
6. In case of improper handling or use of inappropriate chargers to charge the electric vehicles, the LESSEE is responsible for all the expenses inherent to the repair of any resulting damage that is caused to the vehicle, as well as to the damages that result to the LESSOR for its immobilization during the repair period.
7. The LESSOR will not refund the electricity not used by the LESSEE.
Clause 6
Insurance
1. The LESSEE and/or the authorised driver of the vehicle participate as insured persons in a car insurance policy that covers civil liability limited to the maximum amount of € 50,000,000.00, in accordance with the laws in force in the country.
2. The RENTER and/or the authorized driver participate as insured in the car insurance policy, called LDW, which covers all damages caused to the car in case of accident (crash, collision, rollover), theft and robbery of the car, being subject to the payment of the franchise corresponding to the category of the vehicle rented by this contract and defined in the table in force in the LESSOR; being excluded all and any damage caused to the top and bottom, inside and outside the vehicle, as well as tyres, rims, glass, provided they have not been caused by accident, theft or robbery
3. The LESSEE and/or the authorised driver undertakes to protect the interests of the LESSOR and its Insurance Company by proceeding, in particular, as follows:
a) Immediately informing the police authorities, and as soon as possible, but not exceeding the maximum period of twenty-four hours, to the LESSOR, any accident, theft, robbery and/or fire, even if partial, damage caused by animals or any other accidents;
b) Obtaining the names and addresses of the people involved and witnesses;
c) Not leaving the place of the accident, theft, robbery and/or fire before the arrival of the police authorities, unless their state of health so requires, under penalty of being charged for the damages arising from them in their totality, the coverages arising from the deductible reduction service, eventually contracted, not having any effect in case of non-compliance with this clause;
d) Mentioning in the report the actual circumstances in which the accident occurred, the date, time, place, name and address of witnesses, the name and address of the owner and driver of the third vehicle involved and the registration number, make, insurance company and policy number of such third vehicle;
e) Obliging yourself not to declare yourself, under any circumstances, responsible or guilty of the accident to a third party, under penalty of the LESSOR exercising the right of return;
f) Contacting the LESSOR, as soon as possible given the specific circumstances of the accident, providing the LESSOR with a detailed report of the accident, including the report issued by the police authorities;
g) Delivering all supporting documentation relating to the claim at the station where the vehicle is returned;
4. If the LESSEE and/or the authorised driver fails to comply with any of the obligations set out in the previous number, the LESSEE reserves the right to charge the additional costs of repair and/or recovery of the vehicle.
5. The LESSEE and/or the authorised driver may take out the following additional coverages:
5.1 LDW 30 – covers all damages caused in the car in case of accident (crash, collision, rollover), theft and robbery of the car, being the LESSEE and / or authorized driver required to pay the franchise corresponding to the group of the vehicle rented by this contract, set in the table in force in the LESSOR, reduced by 30%, being excluded all and any damage caused to the top and bottom, inside and outside the vehicle, as well as tyres, rims, glass, provided they have not been caused by accident, theft or robbery. This additional coverage may be subscribed by the LESSEE and / or authorized driver at the time of signing this contract, at the price that appears in the table in force and that is posted in the LESSOR.
5.2 LDW 60 – covers all damages caused in the car in case of accident (crash, collision, overturning), theft and robbery of the car, being the LESSEE and / or authorized driver required to pay the franchise corresponding to the group of the vehicle rented by this contract, set in the table in force in the LESSOR, reduced by 60%, being excluded all and any damage caused to the top and bottom, inside and outside the vehicle, as well as tyres, rims, glass, provided they have not been caused by accident, theft or robbery. This additional coverage can only be subscribed by the LESSEE and / or authorized driver over 25 years and bearer of a valid driving licence for more than two years at the time of signing this contract, the price that appears in the table in force and that is posted in the LESSOR.
5.3 QIV – covers isolated breakage of glass (except rear view mirrors, optics, headlights) to the limit of the insurance capital of € 1,000 (one thousand euros). This additional coverage may be subscribed by the LESSEE and / or the driver authorized at the time of the conclusion of this contract, at the price that appears in the table in force and that is posted in the LESSOR.
5.4 PAI – covers the expenses for the treatment of all occupants, including the driver, whose maximum amounts are €1,500 (one thousand and five hundred euros) in case of illness caused by a traffic accident during the validity of this rental contract, and €15,000 (fifteen thousand euros) in case of death or disability of the occupants and driver, the Renter and/or authorized driver not being subject to the payment of any excess. This additional coverage may be subscribed by the LESSEE and / or authorized driver at the time of the conclusion of this contract, at the price that appears in the table in force and that is posted in the LESSOR.
6. In case of accident, even with the delivery of DAAA (Amicable Statement of Automobile Accident), the LESSEE and/or the authorized driver is responsible for the payment of the damages caused to the vehicle up to the maximum amount of the franchise in force during the period of the Contract, except if the responsibility is assumed by a third party.
7. Only the LESSEE and/or the authorized driver will benefit from the additional services of reduction of the excess; The non-compliance of this provision implies the total annulment of the additional coverage contained in this article that have been contracted in the Specific Conditions, being equally null the provisions of this article in case of accident caused by negligence, drunkenness, drug use or non-compliance by the LESSEE and/or driver of all the general conditions of the rental and the rules of the Highway Code and other applicable legislation, being also canceled the insurance coverage if the LESSEE does not return to the LESSOR the keys of the car in case of theft and / or theft.
8. In case of misuse of the vehicle, or accident due to speeding, negligence, driving under the influence of alcohol, narcotics or consumption of any product that impairs the ability to drive, the LESSEE and/or driver will be responsible for all the expenses of the repair and compensation corresponding to the time of paralysis of the damaged vehicle, even if an excess reduction service has been hired.
9. If the LESSEE has deliberately provided the LESSOR with false information, namely concerning his/her identity, address, email address, telephone contact or the validity of the driver’s license, the latter reserves the right to charge the LESSEE for all the additional costs incurred as a result of such statements, without prejudice to the criminal liability that may apply.
10. The vehicle and / or its occupants will only have the additional coverage described in paragraph 5. preceding and contracted in the particular conditions, during the period of initial term of this contract, unless there is an extension of this contract under these general conditions, declining, since now, the LESSOR all and any responsibility for accidents caused or that may be caused by the LESSEE and / or driver beyond the rental period, being this the only and exclusive responsible for them.
Clause 7
Right to terminate the contract
If the LESSEE breaks any of his contractual duties, namely when he makes an abnormal, reckless and excessive use of the car beyond its characteristics and capabilities, the LESSOR has the right to terminate it with just cause, with immediate effect, recovering the car by any legal means admissible, not assisting the LESSEE any right to retention or compensation.
Clause 8
Helpdesk
The LESSEE has the assistance service, 24 hours a day, which will be provided by Companhia de Seguros Allianz Portugal, S.A., with its head office at Rua Andrade Corvo, 32, 1069-014 Lisboa, with the telephone number +351 800 201 833.
Clause 9
Personal Data of the Tenant
1. In terms of the provisions of the legislation for the protection of personal data, the LESSOR, as responsible will process the Customer’s personal data based on the legal grounds indicated and keeping them for the periods indicated, for the following purposes:
1.1 Administrative management of customers, for the execution of the contract for the rental of light vehicles without a driver and compliance with legal obligations under Decree Law 181/2012, of 6 August, revised and amended by Decree Law 47/2018, of 20 June, and 15/88, of 16 January, for 10 years;
1.2 Invoicing, collection and payment management, for the execution of the rental contract of light vehicles without driver, for 10 years;
1.3 History of commercial relations, for compliance with the LESSOR’s legal obligations, during 10 years;
1.4 Management and recovery of disputed claims, for the execution of the contract for the rental of light vehicles, for 10 years;
1.5. Consumption profile analysis, based on the LESSOR’s legitimate interest, during 10 years.
2. When the communication of personal data is a legal and contractual obligation of the LESSOR, its provision by the LESSEE is a necessary requirement for the conclusion of this contract. In these cases, if the LESSEE does not provide his personal data, the contract will not be concluded and the LESSOR will not follow up on his request.
3. The LESSEE authorises their personal data to be transmitted to the following entities for the purposes indicated:
3.1 Private and public authorities, within the scope of audits, enquiries, inspections and investigations within their legal powers, namely police bodies, public institutes and motorway concessionaires;
3.2 Legal representatives and courts, for the purposes of representation, declaration, exercise or defence of rights in legal proceedings;
3.3 Tax Authority, for the purpose of compliance with tax obligations.
4. The use of the personal data mentioned within the purpose of consumer profile analysis, allows the LESSOR to customize its commercial offer to its Customers, based on their reservations previously made, not having any impact on the choices that the Customer wants to make and not being necessary for the conclusion of the contract.
5. The LESSEE accepts that his signature will be recorded on any durable medium, producing all legal effects.
6. Without prejudice to the right to lodge a complaint with the CNPD, the LESSEE has the right, under the terms of the legislation, to request the LESSOR to access the personal data concerning him/her, as well as their rectification or erasure, and the limitation of the treatment in what concerns the data subject, or the right to oppose the treatment, as well as the right to data portability via email to the LESSOR email address or by registered letter to the LESSOR address.
7. For the purposes of fulfilling the request to exercise the right provided for in the preceding paragraph, the LESSOR, in the event of reasonable doubt as to the identity of the natural person making the request, may request to be provided with such additional information as may be necessary to confirm the identity of the data subject.
Clause 10
Service to provide a means of payment for toll and parking fees
1. The LESSOR offers the LESSEE the additional service of provision of means of payment of toll and parking fees, through the provision of an identifier, of its property, through which the LESSEE may enjoy the electronic toll services available in the national road infrastructures, and parking, provided that those infrastructures and the car parks are properly equipped for this purpose.
2. In the case provided in the number immediately above, the LESSEE is responsible for the identifier provided by the LESSOR, while it is under his custody and responsibility, as well as for making good use of it, namely by crossing the barriers only and only through the channels properly identified for the use of this service.
3. In the case foreseen in number 1 of this clause, the LESSEE is the only responsible for the full payment of the toll and parking fees registered during the period of validity of this contract.
4. For the payment of tolls and parking fees, the LESSEE authorizes the blocking of a pre-authorization in the amount defined in the Specific Conditions, in a valid credit card, being this amount captive, as a guarantee, for 30 days after the date of delivery of the car, to face the payments due, of debits that may occur as a result of the detection of the use of road infrastructures (tolls) and car parks, accepting that the debits may occur after the end of the contract, provided that the use of such road infrastructures and car parks has occurred during its validity.
5. The LESSEE is also responsible for the correct operation and the conservation, in perfect conditions, of the Via Verde identifier, provided by the LESSOR, and may in no case remove the equipment from the place where it is installed, and must communicate to the LESSEE any anomaly or, after authorization of this, go to a Via Verde point of assistance for resolution of the same.
Clause 11
Main and Additional Driver
The Main Driver as well as the Additional Driver identified in the Specific Clauses are bound to the exact terms and conditions of the present Contract.
Clause 12
Final Provisions
1. The parties expressly agree that, for legal and/or judicial purposes, all service of process relating to this Agreement, its interpretation and performance shall be made at their respective addresses shown in this Agreement.
2. The parties agree that, to settle any dispute arising from the interpretation or compliance with this Agreement, the competent court is the District Court of Lisbon, with express waiver of any other, except for mandatory legal rules.
3. The LESSEE declares to know that the vehicle may be equipped with a geolocation device (GPS), which may be used by the LESSOR and/or the competent authorities, in case of breach of contract and/or border crossing.
4. The LESSEE acknowledges that all the clauses of this contract were timely and expressly communicated and explained its contents, as well as that it was communicated, knows and accepts the table of prices charged by the LESSOR, for the services mentioned herein, being aware of them, signing this contract in the full use of their will and good faith.