General Conditions
13 Jul 2017

GENERAL CONDITIONS OF RENTING VEHICLES WITHOUT DRIVER

1. DELIVERY AND RETURN OF VEHICLE

The TENANT declares to have received the vehicle in good conditions of use and cleaning, according with the terms of verification on the “check in”, with the respective equipment, accessories, documents and tires in good condition, committing to return them, Under the same conditions as before, on place and date designated in the contract.

In case of deterioration of the tires for reasons unrelated to a prudent and normal use, the TENANT is obliged to replace them immediately and at its expense, for a tire with the same characteristics and brand.

1.1 The TENANT shall return the vehicle on the end of the Contract, unless otherwise agreed, at the premises of RENT-A-CAR MAGIC ISLANDS where it is delivered, within working hours, or at a place indicated by the latter, under penalty of considering the contract.

If the vehicle is not returned on the agreed date, the TENANT has to pay to MAGIC ISLANDS RENT-A-CAR a title of penal clause, for each day, whole or fraction, an amount calculated based on triple the daily rate for rented vehicle and the RENT A CAR MAGIC ISLANDS is also required to initiate the civil and criminal judicial procedures necessary for the recovery of the vehicle and compensation for the damage suffered, in particular in the case of a precautionary procedure for the return of the vehicle.

If the vehicle is to be left in a place other than the agreed one, there will be a mileage compensation or a “rate” of return, in accordance with the rates in force corresponding to the distance between the place where the vehicle is and the original place.

The TENANT is responsible for all losses or damages, including the rob or theft of the vehicle, if the vehicle is not returned to an employee of the MAGIC RENT-A-CAR.

If the vehicle shows any damages or levels of dirtiness contrary to its prudent and normal use, in particular when requiring MAGIC ISLANDS RENT-A-CAR to perform extraordinary and deep cleaning of the exterior / interior of the vehicle, instead of a simple one, as every time possible in a manual self-service wash center, the TENANT will pay to MAGIC ISLANDS RENT-A-CAR for the cost of its repair and / or extraordinary cleaning.

It’s forbidden to smoke inside the vehicle, if MAGIC ISLANDS RENT CAR noticed that the TENANT smoked in it we will charge a tax of 100€ to clean the vehicle. Regardless the insurance that the TENANT hire.

MAGIC ISLANDS RENT CAR does not charge any taxes for the younger drivers. The TENANT needs to be older then 19 years old and have, at least, one year of driving license experience.

MAGIC ISLANDS RENT CAR can make a free upgrade of the vehicle, if necessary, without any previous notice.

2. VEHICLE USE

The TENANT obligates to:

A)Make normal and prudent use of the vehicle, complying with a Law, especially the Highway Code, ensuring that the vehicle is closed in a safe place, when it’s not being used and using the right fuel.

B)To return the finished vehicle or rental period, in the same conditions of use, with the respective equipment and documents;

C)The TENANT has to pay, as soon as requested, the rental price and the obligations that RENT A CAR MAGIC ISLANDS requests. Such as damage repair and missing fuel, on the last day of the contract.

D)The TENANT has to pay the parking tickets whenever their time exceeds or when he comes earlier then the scheduled time.

E)The TENANT must communicate immediately to RENT A CAR MAGIC ISLANDS any damage or anomaly of function of the vehicle.

Without prejudice to civil liability. The TENANT and under penalty of exclusion from the coverage of the contracted insurance, will not allow the vehicle to be:

A) No one can drive the car of RENT A CAR MAGIC ISLANDS, except the person’s that are identified on the contract.

  • If the TENANT is under alcohol and narcotics influence or other state of perturbation that directly or indirectly, decreases the capacity of reaction.

  • If the TENANT is under one year of driving license and is under 19 years old.

B) Used to push or pull any vehicle or trailer or any other object with or without wheels; Sports events or training of any nature, official or otherwise; Transport in violation of Law, in particular, on a matter, not available in the Single Vehicle Document of the vehicle. The TENANT is forbidden, with respect to the vehicle, its documents, tools, parts and components, to carry out the following acts: sublet, lend, assign, sell, charge or otherwise guarantee, transform, modify or place advertising or commercial terms.

  • The TENANT is liable exclusively for fines and other penalties that the Courts and Administrative Authorities establish, following criminal and administrative proceedings for infractions to the Road Code, tolls, parking, among others committed with the vehicle, during the period of rental.

The TENANT cannot use the vehicle outside of the Island where it was initiated the contract rental.

The Contract shall be deemed to be automatically terminated if the vehicle is used under conditions which constitute a breach thereof, MAGIC ISLANDS RENT-A-CAR having the right to recover the vehicle at any time and in any Prior notice, the respective charges being exclusively the responsibility of the TENANT, without prejudice to the indemnities legally or contractually levied by MAGIC ISLANDS RENT-A-CAR or to third parties, if applicable.

3. PRICES, DEADLINES, PAYMENTS AND MILES

  1. The rental price is determined by the rate in force for the category of the respective vehicle and paid in. The fare is calculated in 24Hs, starting after the delivery of the car to the TENANT.

  2. The miles are free.

  3. If the TENANT wishes to extend the rental, he must obtain the prior written agreement of MAGIC ISLANDS RENT-A-CAR, paying in advance the rent amounts due for the agreed.

  4. If the extension of the rent is verified, the TENANT shall keep with him copies of the Contract that demonstrate the agreement given by MAGIC ISLANDS RENT-A-CAR for the extension of the contract.

  5. If the extension of the lease is not verified, the Contract shall cease at the end of the term still in force, and in case the TENANT does not immediately deliver the car, the provisions of Clause 1.1 of this Contract shall apply.

  6. The TENANT undertakes to pay / guarantee MAGIC ISLANDS RENT-A- CAR, in addition to the rental price.

A) The amounts referring to the security deposit due for the rental, in terms of the tariff in force at the time of rental;

B) The sums corresponding to the actual duration of the rental;

C) The sums corresponding to damages arising from an accident to which it has given cause, or in case of theft not covered by insurance. If such damages are covered by the insurance, only up to the maximum amount of the respective deductibles (See the chart online). Not covered by insurance, any expenses of hospitalization and medical care of driver and passengers;

D) The taxes and fees payable due to the situations provided for in the preceding paragraphs;

E) The sum of € 70.00 (seventy euros) plus VAT, in case of loss of the documents of the vehicle;

F) The amount defined by law, plus VAT, by the refueling service of the vehicle, when it is not returned properly duly filled with fuel;

G) The sum of € 100.00 (one hundred euros) plus VAT, in case of extraordinary cleaning of the vehicle;

H) Judicial and extrajudicial expenses, fines and other pecuniary penalties, whatever their nature, arising from the violation of any legal norm attributable to the TENANT or the vehicle during the rental period;

I) If MAGIC ISLANDS RENT-A-CAR is notified, as a result of a misconduct or illegal conduct practiced by the TENANT, to identify the same, the latter undertakes to pay as administrative expenses, the sum of € 20.00 (twenty euros plus VAT) for the information provided to the competent authorities;

J) The expenses and costs incurred by MAGIC ISLANDS RENT-A-CAR to obtain compliance by the TENANT with the provisions of the Contract, namely the collection of amounts due by MAGIC ISLANDS RENT-A-CAR, under the terms legally established;

K) The cost of repairs and damage caused by, inter alia, collision, rollover, theft and or theft of the vehicle and its immobilization, for which:

  • In debits to be made will be used the tariffs in force at the time of the occurrence of the facts.
  • The liability of the TENANT, having the vehicle been used in accordance with the conditions set forth in the Contract, may be limited if previously contracted a security deposit reduction service (Insurance CDW and TOP).
  • The TENANT, in order to guarantee the fulfillment of the obligations arising from the Contract, namely in respect of fuel and security deposit, shall provide a deposit for the amount referred to in the Contract, credit card or debit card, expressly authorizing MAGIC ISLANDS RENT-A-CAR to complete and debit the sums.
  • The deposit will be refunded to the TENANT as soon as the vehicle is returned to MAGIC ISLANDS RENT-A-CAR and all amounts owed by the former are settled. However, in the case of unpaid amounts (including additional rental days, fuel costs and / or security deposit), MAGIC ISLANDS RENT- A-CAR will apply the total or partial Prejudice to claim the amount still outstanding.

The payments realized over MB reference it has to be paid on 24hours after making the reservation online.

The payments made after the 24hours and after the cancelation of the reservation is going to be refund after the TENANT asks to over an email to: cancelamentos@magicislands.pt

4. MAINTENANCE AND REPAIR OF THE VEHICLE, FUELS

If you are aware of any technical problem with the vehicle, the TENANT must immobilize you immediately and contact MAGIC ISLANDS RENT-A- CAR, or in case of out of hours, call the 24hours assistance over the phone: +351 912261378

  1. In the event that the vehicle is immobilized due to damage, repairs may only be carried out by the TENANT if authorized in writing by MAGIC ISLANDS RENT-A-CAR.

  2. The costs of towing, due to misuse of the vehicle, will be the responsibility of the TENANT.

  3. The vehicle is delivered and must be returned attested of fuel, failing which the cost of the missing fuel will be charged to it. For all the rates announced, the policy of the fuel is FULL to FULL.

  4. The TENANT shall take all necessary protective measures to maintain the Vehicle in the same conditions in which it was delivered to In particular, it shall regularly inspect the condition of the Vehicle in respect of oil, water and Tire pressure. Expenses with oils must be documented in order to allow reimbursement by MAGIC ISLANDS RENT-A-CAR.

  5. In case of introduction of fuel and / or substance of a different type from the one used by the vehicle, the TENANT is responsible for the costs of full fuel replacement, dismantling and washing the tank, engine tuning and other damages caused.

5. INSURANCE

The TENANT and/or the authorized driver of the vehicle, participate as insured persons of a motor insurance policy that covers limited civil liability up to a maximum amount of € 50,000,000.00, in accordance with the laws in force in the Country.

WHAT TO DO IN CASE OF ACCIDENT OR DAMAGE IN THE VEHICLE

The TENANT shall protect the interests of MAGIC ISLANDS RENT-A- CAR and its Insurance Company:

  • A) immediately participating in MAGIC ISLANDS RENT-A-CAR any accident, theft, robbery and / or fire, even if partial; Subsequently, if necessary, they should contact the police authorities. When it is not possible to participate immediately in the event, it is obliged to participate in such situations within a maximum of 24 hours;
  • B) Not leaving the scene of the accident, theft, robbery and / or fire before the MAGIC ISLANDS RENT-A-CAR assistance service arrives, and, if necessary, contact the police authorities. Under pain of the damages arising from them are totally imputed, and the coverage resulting from the deduction relief service, if any, is not contracted, any effect in case of breach of this clause;
  • C) Mentioning the actual circumstances of the accident, the date, time, place, name and address of the witnesses, the name and address of the owner and driver of the third vehicle involved and the registration, Insurance and policy number of such third vehicle.

The TENANT may hire the following rates online at time of booking:

DISCOUNT:

This rate includes third party damage insurance. In the event of an accident or damage to the car, the liability for the payment of damage to the TENANT car will be fully attributed to the renter without limit of values.

BASIC:

This rate covers partially the damage caused by accident, collision, rollover, theft or fire, in which the TENANT will be responsible for the amount of damage up to the maximum deductible, depending on vehicle segment. Damage from below does not apply.

PLUS:

This rate covers damage caused by accident, collision, rollover, theft or fire, reducing the liability of the franchise by 100% depending on the vehicle segment, being the best choice for quiet travel. Damages underneath and negligence do not apply.

SPAI:

This coverage assigns compensation to the driver and passengers of the vehicle (depending on the maximum capacity of the vehicle indicated in the DUA), in the event of permanent disability or death in the amount of € 10,000. It also includes medical expenses up to € 1,000, in the event of an accident, even with the delivery of a DAAA (Car Accident Friendly Declaration), the TENANT is responsible for the payment of damages caused to the vehicle up to the maximum amount of the deductible amount in effect in the Contract period, unless liability is assumed by other individual.

 

Only the TENANT and / or authorized drivers will benefit security deposit reduction services; Failure to comply with this provision implies the total cancellation of the coverage contained in this article, and the provisions of this article are also void in case of an accident motivated by negligence, drunkenness, drug use or non-compliance by the TENANT and / or driver of all general conditions Rental and Road Code regulations and other applicable legislation, and insurance coverage is also voided if the TENANT does not return to MAGIC ISLANDS RENT-A-CAR the keys of the vehicle in the event of theft. In the event of an accident due to speeding, negligence, driving under the influence of alcohol, narcotic drugs or consumption of any product that impairs driving ability, the TENANT shall be responsible for all repair costs and compensation corresponding to the stoppage time of the Vehicle, even if a security deposit reduction service has been hired.

The insurance and any security deposit reduction services do not exempt the TENANT from paying negligent damages in the upper, lower and inner parts of the vehicle, and tires, provided there is no collision.

If the TENANT has deliberately provided MAGIC ISLANDS RENT-A-CAR with false information, specifically concerning its identity, address, e-mail address, telephone contact or validity of the driving license, MAGIC ISLANDS RENT-A-CAR reserves the right to pass on to the TENANT all the accrued costs incurred resulting from such declarations, without prejudice to the criminal liability that the case may.

6. CANCELLATION POLICY, CHANGES IN RESERVATIONS, “NO-SHOW”

The reservation made and confirmed may be canceled or changed with 48 hours in advance and the refund of the amounts paid in full in the same way as the payment was made, the amount of bank charges will be deducted.

The cancelations have to be requested by email: cancelamentos@magicislands.pt

If the customer decides to terminate the Contract in advance, the amount corresponding to the days on which he did not enjoy the vehicle (taxes included) will be fully withheld as compensation.

A No-Show, “No-Show” from the TENANT will not be refunded and reservation will be canceled without refund of the amount paid.

7. FINAL PROVISIONS

Under the terms of the GENERAL DATA regulation, Magic Islands Rent A Car in the quality responsible for processing, will process the customer’s personal data for several purposes: Customer management, compliance and legal obligations (DL 181/2012 of 06.08, DL 15 / 88 of 16.01 and DL 47/2018 of 20.06).

The TENANT authorizes Magic Islands Rent A Car to collect and process the following categories of personal data: Name, Mobile phone number, age, address, taxpayer number, passport number and date of issue, citizen’s card and date of validity, driving license number and expiration date and email.

For all disputes arising out of the Agreement, stipulates the jurisdiction of the Ponta Delgada District, expressly waiving any other, unless otherwise required by legal procedural.

The TENANT declares to know that the vehicle is equipped with a geolocation device (GPS) that can be used in case of breach of contract and / or transposition of the contract. The TENANT agrees to the Particular and General Conditions of this Agreement, which have been explained in a timely manner, having been aware of its rights and obligations, which it is obliged to observe and respect.

The TENANT expressly authorizes MAGIC ISLANDS RENT-A-CAR to carry out the physical and / or digital reproduction of the Citizen’s Card, as well as the driving license, as well as to keep the respective reproductions for the time strictly necessary for the purposes in question. MAGIC ISLANDS RENT-A-CAR is not responsible for objects or belongings left, forgotten within their vehicles. It is the customer’s responsibility to check the vehicle before returning it. The TENANT is informed that in the event of a dispute he may use the National Center for Information and Arbitration of Consumer Disputes. MAGIC ISLANDS RENT-A-CAR is not bound by adhesion or legal imposition resulting from arbitration required, to any alternative dispute resolution entity for consumer disputes. Further information on entities available for the promotion of out-of-court settlement of national and cross-border disputes under Law 144/2015 of 08 September, when they are initiated by a consumer against a supplier of goods or service provider and Comply with contractual obligations resulting from sales or service contracts concluded between a supplier of established goods or services and consumers residing in Portugal and the EU, consult the Consumer Portal (www.consumidor.pt) or ACRA – Consumers Association of the Region of the Azores, Rua de São João, 9500-022, Phone: +351 927394721.

ALTERNATIVE RESOLUTION OF DISPUTE

The information to the consumer under the provisions of Article 18 of Law number 144/2015. In case of letigication, the consumer may resort to an alternative resolution   understanding of consumption habits: CNIACC – National Center for Information and Arbitration of conflicts and consumption:

www.arbitragemdeconsumo.org

SECURITY DEPOSIT TABLE
    GROUP DISCOUNT BASIC PLUS
  All Groups 1.200,00€ 600.00€ 0.00€

 

What is included in the price list for my rental? RATE
Accident Discount Basic Plus
Damage For Low From  800.00€ From 800,00€ From 800,00€
Engine Carter From  500,00€ From 500,00€ From 500,00€
Glasses From 150,00€
Rearview mirrors From 200,00€
Wheels / Tires / Rims From 200,00€ From 200,00€ From 200,00€
Vehicle Shutdown / Day Daily Value
Trailer From 120,00€ From 60,00€ From 50,00€
Vehicle Replacement According to Availability According to Availability
Breakdown Discount Basic Plus
Door lock From 250,00€
Motor (bad utilization) From 800,00€ From 800,00€ From 800,00€
Manual Transmission (bad utilization) From 800,00€ From 800,00€ From 800,00€
Radio From 250,00€
Vehicle Replacement
Keys (copy) From 150,00€ From 75,00€
24 Hour Assistance Discount Basic Plus
Tire Replacement From 50,00€ From 25,00€
No fuel / supply error From 250,00€ From 250,00€(1) From 250,00€
 Other Services  From 50,00€*  From 35,00€*  From 25,00€*

*Value may change by distance