Terms of the Contract
Below are the General Conditions of the Vehicle Rental agreement, (hereinafter the rental agreement), entered into between AZOREAN WAY, taxpayer number 513896953, based in Rua Conselheiro Dr. José Pereira, 1, Velas de São Jorge, Azores, (hereinafter AZOREAN WAY) and the Customer (hereinafter the customer), with the identifying data of both referred to on page 1 of the Contract.The rental agreement.
The Customer receives the vehicle, described in the Rental Contract, in perfect working condition, with all its documents, tires, tools and accessories and undertakes to keep them and to drive the vehicle complying with the express norms In the Highway Code and other complementary legislation in force, as well as those established in these General Conditions.The duration of the Rental Agreement.
Is the one expressed on page 1, which specifies the date and time of delivery and return of the vehicle. The rental days will be counted for periods of 24 hours, starting from the exact time that the Customer has rented the vehicle, until its return, along with keys and its documentation, to AZOREAN WAY. The courtesy period in the return of the vehicle will be 59 minutes after which will be charged a penalty for non-return of the vehicle plus the amount corresponding to the days of extension of the rental and its extras. The Rental Agreement may not exceed the maximum duration of 89 days. If the Customer decides to terminate the rental agreement in advance, the amount corresponding to the days on which he did not enjoy the vehicle (taxes included) will be fully withheld as compensation. Likewise, AZOREAN WAY may decide to terminate the rental prior to the date indicated in the rental agreement, due to misuse of the vehicle and / or violation of the provisions of the rental agreement and to take possession of the vehicle at any time and without prior notice, at the expense of Client.Rental Agreement extension
The Customer is obliged to return the vehicle at the date and time stated on page 1. If the customer wishes to extend the rental period, customer must go to the AZOREAN WAY office and sign the extension. No rental agreement may be extended by telephone or by any other means of electronic communication, unless page 1 thereof indicates otherwise. In no case, the amount deposited as a guarantee may serve to prolong it. If the rental agreement is extended, the customer must make an additional payment related to said extension. If the rental agreement can not be extended because there are no vehicles available or for any other reason, the Customer must return the vehicle at the agreed date and time to the rental station expressed in the rental agreement. When requesting the extension of the rental agreement, it may be necessary, depending on the initial conditions of the same, the execution of a new rental agreement considering, at that time, the current rental agreement terminated.Cancellation Policy
Reservations with online payment, or payment at the office, will not be refundable but may be used at a later date than originally reserved as long as the change is made through the customer service center 48 hours before the date to pick up the rental car. Reservations with online payment, or payment at the office, do not apply refunds if the customer does not show up to pick up the rented car (No Show). If you cannot attend, we recommend you request the change of dates (see previous point) 48 hours before.Car Return
The Customer will return the rented vehicle under the same conditions as it was delivered along with all of its documents, tires, tools and accessories, in the place, at the date and time stipulated in the Rental Agreement. The Customer may not modify any technical features of the vehicle, the keys, equipment, tools and / or accessories thereof, nor make any modification of its exterior and / or interior appearance. Otherwise, the Customer must bear the costs related to the restoration of the vehicle to its original condition, as well as the damages and losses caused to AZOREAN WAY due to the reconditioning of the vehicle, due to the time it is immobilized, and any other damage to AZOREAN WAY. The vehicle must be delivered with the full fuel tank as delivered. In the event that the vehicle is delivered with the unfilled fuel tank, the customer will be charged the proportional value, to the missing fuel, along with a service penalty of 50€. The return of the vehicle at a date and time different from those established in the Rental agreement, allows AZOREAN WAY to collect the amount corresponding to the days of delay in the return, in addition to a penalty of 40€ for each day of delay, due to the economic damages that the lack of that car caused. If AZOREAN WAY delays the delivery of the vehicle more than 59 minutes after the rental agreement is signed, the Client will be compensated in the same amount. Likewise, the return or abandonment of the vehicle in a place other than that referred to in the rental agreement, allows AZOREAN WAY to demand cumulatively: 1. rental daily amount corresponding to the days necessary for the repair of the vehicle and making it available to rent; 2. compensation of € 40.00 per day, relating to economic damage caused by the immobilization of the vehicle; 3. the costs of travel, towing, repatriation, tolls and custody, - where available - to the place agreed in the rental agreement for the return of the same. AZOREAN WAY reserves the right to file any pertinent legal actions, in the event of any disappearance or non-return of the vehicle, before the competent authorities (judicial, police and administrative), with the Client being liable for the legal consequences and legal consequences that may arise, including payment of court fees, and fines. The unilateral extension by the Customer of the duration of the rental agreement is deemed to be a non-permitted (abusive) use of the vehicle for the purposes of the Customer's liability for any damage that the vehicle presents.The Client undertakes to pay to AZOREAN WAY:
The rental charges of the vehicle, optional protections and taxes determined in the current rate of AZOREAN WAY (hereinafter the General Tariff) that was previously notified to the customer and follows this rental agreement. The application of the initially agreed fare is subject to the return of the vehicle in the place, at the date and time provided. The rates may vary depending on the season so, prior to hiring a vehicle, the Customer will be responsible for checking the rate applied to him. Other charges according to the contractual and commercial conditions offered by AZOREAN WAY expressed in the contract.Payments as a consequence of Customer's inappropriate use.
The Client, after completing the rental of the vehicle, undertakes to pay to AZOREAN WAY, regardless of the contracted coverage, the amounts that are the consequence of the following concepts: 1. charge due to a "special cleaning" for costs arising from a service Extra cleaning, as a result of the manifestly inappropriate state of the vehicle at the time of its return, up to a maximum of € 150. (ex. smoke, eat, goods transportation, etc). 2. charges for loss of documents and keys of the vehicle and / or dispatch of the vehicle keys to the corresponding station in the event of loss, theft, return of the vehicle keys at a station other than the actual return of the vehicle, or Any other situation whereby the vehicle is immobilized because of the customer, the customer will have to pay compensation to AZOREAN WAY up to the amount of 380,00 €. 3. the amount of towing the vehicle with a trailer in the cases provided for in the various clauses of this rental agreement. 4. costs incurred in the loss, theft, deterioration or damage of any component of the vehicle, or of the whole vehicle, as well as problems arising from an error in the type of fuel supplied. 5. fines, penalties and judicial and administrative expenses caused by traffic violations or by law, (including those provided for in the Highway Code) shall be paid by the customer for the duration of this rental agreement. 6. without prejudice to the provisions of the previous paragraph, AZOREAN WAY reserves the right to charge the customer an additional charge of € 40 for the administrative costs incurred as a result of the expenses processing and communication to the relevant authorities of these acts. 7. the costs of repairing damage to the vehicle in the event of an accident, in the event of any of the following circumstances: 8. that the vehicle has not been used in accordance with the conditions laid down; 9. that the accident report - either in the form of a "Friendly Accident Statement" - or "Claim Report" - has not been completed and sent to AZOREAN WAY within the time limit indicated, or that it is not in accordance with the facts Occurred; 10. that the damage is the result of an accident due to the fact that the Customer has not correctly assessed the height of the vehicle; 11. that the corresponding optional extra protection was not contracted. The costs inherent to "Administrative and accident costs" in the maximum amount of € 150. The amounts derived from these items will be charged by AZOREAN WAY directly to the Customer through the electronic payment system or equivalent used for the contracting of the vehicle, expressly authorizing the customer to perform these charges by AZOREAN WAY. In all cases, AZOREAN WAY will inform, Immediately, the amount charged and the reasons that led to the payment of the same, giving the customer all the information that is possible. The amount of the charge that applies to the Client for damages caused to the vehicle shall be calculated taking into account the valuation carried out by the expert's office external to AZOREAN WAY, or when the said quantification can not be carried out by said expert's office, the resulting amount of a first evaluation carried out by AZOREAN WAY qualified personnel, according to the tariffs and prices according to the table in force on the date of the rental, whose existence and amounts the customer declares to know, being in agreement with them. All of the above shall be applied, without prejudice to a later settlement and adjustment, after obtaining a budget for the repair carried out by a workshop or an evaluation carried out by an expert's office, external to AZOREAN WAY. AZOREAN WAY reserves, also, the right to be able to demand from the Client an indemnity for the immobilization of the vehicle as a consequence of the damages occurred. The said compensation shall be calculated according to the number of days required to repair the vehicle, established by the external expert to AZOREAN WAY or after the repair, computing one day for every eight hours of work spent by the technician and using as a basis of quantification , the daily contracted occupancy rate, plus the € 40.00 per day provided in the previous stipulation, since the days of immobilization of the vehicle are considered as a non-return of the same, within the agreed period. The maximum amount of compensation to be paid by the Client shall be determined by the market value of the leased vehicle and in accordance with the "Ganvam / Eurotax" Guide, in force at the date of the claim.Form of Payment
The credit card with which the reservation has been made must be presented by the owner at the time of delivery of the vehicle. The credit card holder must be the person who will be the holder of the rental agreement. The payment of the rental of the vehicle, insurance, optional protections, taxes, fees and other additional that the Client has contracted, will be made in the local currency.Insurance and coverages
Customer's liability is limited, under the terms set forth below, provided that Customer complies with the terms of the contract and the loss or damage is not caused intentionally or through gross negligence on account of the gross negligence of any authorized driver or any driver not authorized: The liability for loss or damage to the motor vehicle is limited to the full amount of the maximum deduction established in the AZOREAN WAY General Tariff. If the Customer accepts the Collision or Theft Coverage Option (hereinafter CDW), by means of the affixing of its line item in the space indicated in the contract and paying the specific daily cost for the purpose, its liability is limited to the amount established in the contract as a minimum deductible, according to the table in force at the time of rental. The Customer, who has acquired the CDW, can eliminate the amount of the Minimum Franchise, by paying a daily price, according to the table in force at the time of the rental, by purchasing the Franchise Exemption service (hereinafter SCDW).Customer's Obligations in the Event of Accident and Other Circumstances
In the event of an accident, the customer undertakes to: 1. Obtain and send to AZOREAN WAY, within twenty four hours after the occurrence of the accident, the Complete accident report in the form of a "Friendly Accident Statement " specifying the registration, the name and address of the opposing party, the circumstances of the collision, an outline of the accident, the Name of the insurance company and, where possible, the number of the insurance policy, all documents signed by the two drivers involved in the accident, or, if you do not have it, the "Claim Report", which will be provided by AZOREAN WAY 2. To immediately inform the police and police forces (Public Security Police, Republican National Guard and Municipal Police), if there is fault of the other party and if it should be investigated and / or if there is Injured. 3. Do not abandon the rented vehicle, without taking the appropriate measures for its protection. 4. In the event of vandalism, fire, theft or disappearance of the vehicle, the customer undertakes to immediately notify AZOREAN WAY of the occurrence and to make a corresponding complaint to the authorities, with a copy to be sent to AZOREAN WAY as soon as possible. 5. Contact the Travel Assistance Services, indicated in the General Tariff, that was delivered to you.Unauthorized Use:
The Customer must use the vehicle with due diligence, in accordance with the characteristics of the vehicle, respecting the traffic rules applicable to motor vehicles and in accordance with the Road Code and other applicable legislation and avoiding, in any case, any situation that could cause damage to the vehicle or to third parties. It is also the obligation of the Customer not to permit the driving of the vehicle to a person other than those authorized under this rental agreement, and the Customer shall be directly liable for any damage or loss occurring on the vehicle or third parties if it is permitted to do so happen. In any situation that does not comply with what is established in these paragraphs is understood as unauthorized use. The Customer is fully responsible for the damage caused to the interior and exterior parts of the vehicle by the unauthorized use of it, in which case it will be obliged to pay all expenses incurred in accordance with the terms of this rental agreement. In the event of a lawsuit covering the foregoing situations, the customer shall pay all court expenses, including court costs, attorneys' fees and solicitors, and, in the event of conviction, the respective compensation that is set by judgment. Unauthorized use includes and is not limited to the following cases which are described by way of example: 1. Pushing or towing any other vehicle. 2. circulate in places which are not suitable for public transport, such as beaches, car circuits, forest roads, private roads, dirt roads, gravel roads or are not suitable for car traffic. 3. Drive on unpaved or paved roads, but with serious deficiencies, which may cause damage to the lower part of the vehicle. 4. Circulate with the vehicle through restricted areas, namely, airport runways and other avenues associated with the use of civil and military aviation. 5. Negligence in relation to the information transmitted in the instrument panel or warning signs of the rented vehicle and that the Customer says to know, with the signature of this contract. 6. transport of goods or animals, and in particular of dangerous, flammable and / or harmful substances for the vehicle and its occupants. 7. The transportation of persons or goods that directly or indirectly imply a payment to the Customer. 8. Sub-letting of the vehicle. 9. The use of the vehicle in any activity contrary to the law. 10. the carriage of a number of persons or more baggage than is authorized for the vehicle. 11. Any manipulation or intervention in the odometer must be reported immediately to AZOREAN WAY or its malfunction. 12. Transport of luggage or any element on the roof of the vehicle, even using a device of its own. 13. Leave objects in sight in the vehicle that can be stolen with consequent damage to the vehicle. 14. Soiling the interior of the vehicle beyond that which implies normal and careful use of the vehicle. Do not use the vehicle as a residence. 15. Driving the vehicle in a state of fatigue, illness or under the influence of alcohol, or drugs. 16. Driving reckless. 17. Use of the vehicle for driving learning activities, under any circumstances, and / or the teaching of any special skills at the wheel. 18. Driving contrary to the rules of transit. 19. Driving the vehicle rented by a person not authorized in the contract, either as Client / s and / or additional driver. 20. Driving the vehicle outside the island of São Miguel. 21. Use of the vehicle after the end of the rental period. Unauthorized use by the Client shall entitle AZOREAN WAY to terminate the Rental Agreement in advance for faulty non-compliance, requesting, if applicable, the respective damages.Driver's License
The Customer must have with him the corresponding valid driver's license validated in the country of delivery of the AZOREAN WAY vehicle. The Customer is directly responsible for the validity and ratification of the driving license.Joint Responsibility
All Clients and / or additional authorized drivers shall be jointly and severally liable for all obligations of the Client that appear in the Contract and applicable laws.Theft and Loss of Personal Objects
AZOREAN WAY is not liable for items stolen, forgotten or lost inside the vehicle.Security deposit
At the time of signing the rental agreement, the Customer may be required to deposit a security deposit that may be proportional to the amount of the fare and the market value of the vehicle to ensure compliance with the general and particular conditions of the rental agreement, which may also be used to pay for the missing fuel in the vehicle until it is full. If it is agreed to extend the Contract, said amount shall be increased in proportion to the number of days of the extension. This amount will be returned to the customer once it has been finalized and after the pertinent proof of the condition of the vehicle and compliance with the general and particular conditions of the rental agreement. For this it may be necessary to withhold the bond until, at most, 30 days after the return of the vehicle.Mandatory Retention Device Approved for Children
In the case of the use of the vehicle for the transport of children under three years of age or greater but not exceeding 1.50 centimeters height, the Customer must notify AZOREAN WAY to be Provided, with prepayment of the corresponding rental rate and WITHOUT FIXING IN THE VEHICLE, the corresponding mandatory restraint device approved according to the weight and height of the child or the person who is to use it. The installation of the device will always be the responsibility of the Customer.Computerized Processing of Personal Data
For the purposes of the provisions of the current legislation on the protection of personal data and services of the information society and electronic commerce, AZOREAN WAY informs you that your personal data will be incorporated in a Personal data file created and under the responsibility of this company, domiciled Rua Conselheiro Dr. José Pereira, 1, Velas de São Jorge, Azores, in order to be able to manage the rental services of Contracted vehicles, as well as to keep you informed of all offers, products and promotions, own or third parties, that may be of interest to you, either by email or by any other equivalent means. In the case of commercial communications by electronic mail or by an equivalent means, the Customer gives its express consent to the sending of advertising through said means. Consent may be revoked at any time by a written request addressed to: Rua Conselheiro Dr. José Pereira, 1, Velas de São Jorge, Azores, or by e-mail to the address reservas@azoreanwayrentacar.com. In case of breach of this agreement by the Customer, your personal data may be revealed or communicated to third parties to the extent necessary for the recovery of the damages inherent to the breach.User Support
To make any request for information or to submit any suggestion, or complaint you may contact AZOREAN WAY at Rua Conselheiro Dr. José Pereira, 1, Velas de São Jorge, Azores, by WhatsApp +351 912533239, or by email to reservas@azoreanwayrentacar.com.Applicable Law and Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of Portugal. AZOREAN WAY declares its intention to resolve any divergence in a friendly manner. If this is not possible, any divergence that may arise between AZOREAN WAY and the Customer shall be subject to the jurisdiction of the premises where the rental was commenced.Translation
The translations of these General Conditions are merely informative and do not have binding legal character in the whole of their writing, valid only in Portuguese..