Drive On Holidays — Comércio e Aluguer de Viaturas, S.A., hereinafter referred to as Drive On Holidays, rents the motor vehicle duly identified in the Specific Conditions of the passenger vehicle without a driver rental agreement , hereinafter referred to as the Agreement, to the Customer identified in the Specific Conditions, hereinafter referred to as the Customer, being subject to the following general terms and conditions:
1. This rental agreement has been entered into for the term stated in the Rental Agreement (RA) initially signed by the Customer, deemed as valid as from the date and time mentioned therein.
2. The vehicle rental period may be extended, upon specific communication to this end from the Customer to Drive on Holidays, clearly stating the new desired deadline. Renewal is only deemed valid after the written confirmation of Drive on Holidays and after successful receipt of the amounts relating to the new reservation.
3. Renewal of the agreement is subject to vehicle availability and the commercial conditions in force at the time of request. Failure to communicate under the defined terms implies termination of the agreement on the date set out in the initial RA.
4. During the extension referred to in the previous number, the RA initially signed remains valid, with the written acceptance by Drive on Holidays of this extension becoming an integral part thereof.
5. An essential condition for maintaining the agreement and the extension thereof is that the amounts due thereunder are paid on time; in the event of non-payment, the agreement will be cancelled forthwith by Drive on Holidays, with the latter reserving the right to receive the amounts by those means legally admissible and to request the seizure of the vehicle if it is not returned under the agreed terms.
The Customer acknowledges and accepts that the motor vehicle delivered hereby is in good working order and clean, with all the accessories and documents mentioned in the Agreement and in the joint verification document called check-out/check-in, and that he/she undertakes to return it on the date, time and place agreed upon in the Agreement, under the same conditions as those in which he/she received it.
Upon delivery of the motor vehicle, Drive on Holidays informs the Customer about its fuel level at that precise time, promoting its registration in the joint verification document and it is essential that the Customer returns the vehicle with the same fuel level. If the motor vehicle is delivered by the Customer to Drive on Holidays with a lower fuel level than that it had when it was initially picked up, the Customer will be required to pay the amount pertaining to the difference, calculated as follows:
1. Difference in terms of Litres of Diesel x Average Value of Litres of Diesel (calculated based on the Reference Price made available by ENSE – Entidade Nacional para o Sector Energético, E.P.E., for the seven days prior to the vehicle delivery date).
2. If the use of the motor vehicle violates the Agreement, Drive On Holidays is entitled to terminate the latter, whereby it is mandatory for the vehicle to be returned by the Customer at the agreed location, otherwise it will be taken from him/her, at his/her expense, in accordance with the Law.
3. If the Customer wishes to extend and/or change the rental period, subject to approval by Drive On Holidays, he/she must contact the latter in order to enter into a new Agreement at its facilities.
4. Drive On Holidays assumes no responsibility for any losses or objects left by the Customer or any passenger in the motor vehicle, whether during the rental period or after the end thereof, as well as on its premises.
5. An additional fee is applied if the vehicle is picked up and/or delivered between 8:00 pm and 8:00 am, for the amount of €33.00 (thirty-three euros), per service.
1. The Customer must take care of the motor vehicle, ensuring that:
1.1. It is kept properly locked and in a safe place when not in use;
1.2. Theappropriatefuelisused;
1.3. He/she diligently uses any safety device installed in the vehicle, if any;
2. The Customer undertakes not to use and/or not to allow the use of the motor vehicle in the following situations:
2.1. Transporting passengers or goods in violation of the law;
2.2. In sports’ competitions or training sessions, whether official or not;
2.3. By any person under the influence of alcohol, narcotics or any other substance not permitted by law and which, directly or indirectly, reduces their perception and/or ability to react;
2.4. By people who have held a driving license for less than one year, people under the age of 19 and/or who are not identified in the Agreement as Authorised Drivers;
2.5. Outside national territory, except with the specific prior consent in writing of Drive On Holidays (only for Spanish territory subject to prior authorisation and a fee of €43.05 (forty-three euros and five cents));
1. In the event of a vehicle breakdown, the Customer should immediately contact Drive on Holidays, with a view to ascertaining the subsequent procedures.
2. The Customer may not, on his/her own initiative, decide to repair or promote the repair of the motor vehicle, without the specific prior consent/agreement of Drive on Holidays.
3. Any repairs and/or any ensuing reimbursements may only be carried out by prior agreement between the Customer and Drive On Holidays.
1. The rental price includes, in addition to the day(s), the unlimited and/or agreed kilometres, CDW insurance — which covers, only for those Drivers described in the agreement, all damages caused in the event of an accident, both to the rented vehicle and to third parties, with the Customer being subject to the payment of a variable liability depending on the type of vehicle, as set out in the table attached to the Agreement (Annex 1), which forms an integral part thereof, and VAT at the legal rate in force.
2. The Customer can contract the services described in Annex 2 with the covers indicated therein and with the liability and deposit amounts indicated in annex 1. Covers are only valid for Drivers described in the agreement.
3. No monetary refund will be made for early vehicle returns. (rental and/or extras).
1. In the event of an accident, the Customer undertakes to adopt the following procedures:
1.1. To inform Drive On Holidays and the police authorities about any accidents,theft, robbery or any other incidents at the time of the event;
1.2. To obtain identification elements, namely, the names and addresses of the people involved and eyewitnesses, if any;
1.3. Not to abandon the vehicle without taking appropriate measures to protect and safeguard it, in compliance with traffic rules;
1.4. Not to assume any liability or declare guilt, in the event of an accident, which may imply the liability of Drive On Holidays;
1.5. To contact Drive On Holidays forthwith, providing a detailed accident report, the European Accident Statement and, if involving personal injury, the accident report drawn up by the police authorities. If these documents are not submitted, the cost of any damages will be charged to the lessee.
2. Only the Customer and/or Authorised Driver may benefit from the insurance covers requested.
3. Any damage deriving from the improper use of the motor vehicle, as well as all repair and compensation costs pertaining to the immobilisation time of the vehicle which has suffered the accident, are the sole liability of the Customer, even in the event of taking out SCDW and/or C.A.R., namely:
3.1. In the event of an accident due to speeding;
3.2. In the event of an accident and/or driving under the influence of alcohol, narcotics or the consumption of any other product that reduces driving ability;
4. All coverage is only valid during the period agreed upon in the Agreement. Outside this period, the Customer will be solely liable, with Drive On Holidays hereby declining any liability for accidents caused in this situation.
1. The Customer specifically undertakes to pay any amounts due arising from the performance of this Agreement to Drive On Holidays, as soon as requested to do so, namely:
1.1. The price due for the rental of the motor vehicle, depending on the rental period and respective mileage, calculated in accordance with the rate set out in the Agreement;
1.2. Any and all charges relating to the removal of the liability for personal accident coverage, impact, collision and rollover cover, theft cover and any other applicable expenses in accordance with the rate or fees set out in the Specific Conditions of this Agreement;
1.3. All taxes and fees levied on the rental of the motor vehicle or the amount set by Drive On Holidays for reimbursement of said taxes;
1.4. All costs borne by Drive On Holidays arising from the receipt of payments owed by the Customer, as a result of this agreement.
2. Any and all invoices not paid on the due date will be subject to interest on arrears at the legal rate in force;
3. In the event of an accident, the Customer will pay, by way of administrative expenses for the process, the amount of €30.00 (thirty euros).
4. To ensure compliance with the obligations arising from this Agreement, the Customer will provide a deposit on a credit card in his/her own name, for the amount referred to in the Agreement, specifically authorising Drive On Holidays to fill in and charge to the credit card provided any amounts due.
1. If Drive On Holidays is notified by the competent authorities/entities, with a view to identifying the driver, as a result of an administrative offence or unlawful conduct committed by the Customer, the latter undertakes to pay the sums of €15.00 (fifteen euros) to €116.10 (one hundred and sixteen euros and ten cents) for any administrative expenses.
2. In national and Spanish territory with prior authorisation, the latter is obliged to pay the amount of €15.00 (fifteen euros) per administrative fine.
3. In Spanish territory without prior authorisation, the customer must pay €58.05 (fifty-eight euros and five cents) per administrative fine.
4. In other countries, the customer must pay a fine of €116.10 (one hundred and sixteen euros and ten cents) per administrative fine.
1. Drive On Holidays and the Customer, as well as the Authorised Driver, where applicable, specifically agree that the addresses listed in the Specific Conditions of the Agreement, constitute the agreed address to all legal intents and purposes, namely, for any summonses and/or judicial notifications.
2. Furthermore, Drive On Holidays and the Customer, as well as the Authorised Driver, where applicable, specifically agree upon the e-mail addresses contained in the Specific Conditions of the Agreement, namely, for the purpose of any communications between the parties within the scope of the performance of this Agreement and other related services.
1. According to Portuguese legislation and in compliance with article 27 of Decree Law no. 84-C/2022 of 9 December, any companies renting vehicles without a driver must fit each of the vehicles in their fleet with on-board equipment, adhering to an automatic payment system, under the terms of paragraph a), no. 1 of article 24.
2. The vehicle rental without a driver company signs up to the automatic payment system provided for in the previous number under the terms of an agreement to be entered into by the company with a SEEP (European electronic tolls service) or SENP (national electronic tolls service) supplier, for the purposes of collecting tolls on all road infrastructures in national territory under the terms of the regime provided for in this decree-law.
3. When renting a vehicle without a driver equipped under the terms of no.1, only customers of companies renting vehicles without a driver automatically sign up to the toll payment method availability service, which must be stated in this rental agreement.
4. For the provision of the toll service and provided that its use by customers is confirmed, vehicle rental without a driver companies may charge customers the administrative costs incurred by the service, which constitute revenue for the companies and are defined under the terms of article 43, as well as payment for the device service whose cost is stipulated in article 3 of Ordinance no. 190/2013 of 23 May.
5. Without prejudice to the provisions of the number below, customers of companies renting vehicles without a drivers shall only be charged the amount of tolls pertaining to their actual use of those infrastructures fitted with an electronic toll system, plus any costs incurred in accordance with the provisions of the previous number.
6. Pre-authorisation of €70.00 is required to guarantee any outstanding toll payment after the vehicle has been returned. This pre-authorisation must be maintained for up to 30 days after the end of the rental agreement.
The motor vehicle made available under this Agreement is covered by a civil liability motor insurance contract, taken out by Drive On Holidays with Caravela Companhia de Seguros, in accordance with the law.
The Customer authorises that, in the event of any breach of the agreement, his/her personal data may appear on a Blacklist and be communicated to the Regional/National Association of the sector for inclusion on a database.
1. To settle any disputes arising from the performance of this agreement, the parties agree to establish the jurisdiction of the District of Lisbon North as competent, without prejudice to any mandatory legal provisions regarding territorial jurisdiction.
2. In the event of a consumer dispute, under the terms and for the purposes of Law no. 144/2015 of 8 September, the Customer may have recourse to the Arbitration Centre included on the List of Alternative Consumer Resolution Entities, available at the website of the Directorate-General for Consumer Affairs at www.consumidor.gov.pt.
3. The Customer may also file his/her complaint with Drive On Holidays, in the Complaints Book available at the premises of the latter or using the Electronic Complaints Book, available at https://www.livroreclamacoes.pt/inicio.
Drive On Holidays, as the data controller, may use the personal data of the Customer and Additional Driver, where applicable, collected within the scope of the conclusion and performance of this Agreement and/or related service contracted, pursuant to the legal provisions of the General Data Protection Regulation – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and in accordance with the Privacy Policy on the Processing of Personal Data attached to and forming an integral part of this Agreement.
[ ] I hereby declare that I have read and understood the content of the clauses contained in these Terms and Conditions, which were duly communicated and explained to me beforehand by Drive On Holidays, and that I am aware of the Privacy Policy on the Processing of Personal Data, in accordance with the General Data Protection Regulation – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), which forms an integral part of this agreement, and I am thus sign in accordance therewith.
| Grupo de Carro / Car Group | MAX. LIABILITY & DEPOSIT | ||||
|---|---|---|---|---|---|
| CDW, VI, TC & WMC | SRO | RCDW | SSCDW & SCDW | ||
| Liability = Deposit | Liability | Deposit | |||
| A; B; AB | 1 100 | 350 | 350 | 0 | 100 |
| AC; BC; C; H; EHC; FS | 1 500 | 350 | 350 | 0 | 100 |
| EHA | 1 500 | 1 000 | 600 | 0 | 100 |
| E | 2 100 | 350 | 350 | 0 | 100 |
| EE; F; EF | 2 100 | 450 | 450 | 0 | 100 |
| HDM; 2; 2L | 2 100 | 450 | 450 | 0 | 300 |
| EC; IS; I; EHE; FF; HFS; FPS; HEFD; EM3 | 2 500 | 450 | 450 | 0 | 300 |
| EHEF | 2 500 | 1 000 | 600 | 0 | 300 |
| HF; FQ1; FQ; FJ | 3 000 | 450 | 450 | 0 | 600 |
| HDC * | 3 000 | 1 000 | 600 | 0 | 600 |
| FO; I1; HE; HEM; HEM1; HO; 3; 4 * | 3 750 | 1 000 | 600 | 0 | 600 |
| I1S; I2S | 3 750 | 1 500 | 1 500 | 0 | 600 |
| HFI * | 3 750 | 2 500 | 1 500 | 0 | 600 |
| HI; HI1; HFP1; HT; HJ * | 4 000 | 1 000 | 600 | 0 | 1 000 |
| HFP * | 4 000 | 2 500 | 1 500 | 0 | 1 000 |
| S * | 4 400 | 2 500 | 1 500 | 0 | 1 000 |
| G * | 4 400 | 1 000 | 600 | 0 | 1 000 |
| U * | 5 000 | 2 500 | 1 500 | 0 | 2 000 |
| N; T; HG * | 5 000 | 3 000 | 2 000 | 0 | 2 000 |
| HC; HN; HM; EHHN * | 6 700 | 4 000 | 3 000 | 0 | 2 000 |
* Two credit cards are needed
| Rental Days | Short Rental Option | Total Relax Coverage | Excess Coverage | Excess Reduction | Vandalism Coverage | Type Coverage | Windows & Mirrors Coverage |
|---|---|---|---|---|---|---|---|
| SRO | SSCDW | SCDW | RCDW | VI | TC | WMC | |
| < = 3 | > = 4 | > = 5 | > = 7 | Todos/All | Todos/All | Todos/All | |
| Coverages | |||||||
| 24H Road Assistance | ✔ | ✔ | ✔ | ✔ | ✔ | ✔ | ✔ |
| Third Party Liability | ✔ | ✔ | ✔ | ✔ | ✔ | ✔ | ✔ |
| Vandalism Damages | ✔ | ✔ | ✘ | ✘ | ✔ | ✘ | ✘ |
| Collision w/other vehicles | ✔ | ✔ | ✔ | ✔ | ✘ | ✘ | ✘ |
| Collision w/fixed objects | ✔ | ✔ | ✘ | ✘ | ✘ | ✘ | ✘ |
| Theft | ✔ | ✔ | ✔ | ✔ | ✘ | ✘ | ✘ |
| Dents & Scratches | ✔ | ✔ | ✘ | ✘ | ✔ | ✘ | ✘ |
| Locks | ✔ | ✔ | ✘ | ✘ | ✔ | ✘ | ✘ |
| Windows | ✔ | ✔ | ✘ | ✘ | ✔ | ✘ | ✔ |
| Mi rrors | ✔ | ✔ | ✘ | ✘ | ✔ | ✘ | ✔ |
| Tyres | ✘ | ✘ | ✘ | ✘ | ✘ | ✔ | ✘ |
| Wheels | ✘ | ✘ | ✘ | ✘ | ✘ | ✔ | ✘ |
|
Exclusions in all options (not covered): Keys Interior Lower bodywork Roof Windscreen whipers Documents Registration plates Burnt Clutch Additional equipment (baby seat, etc) |
|||||||
A. Roadside Assistance
Assistance to the vehicle and its occupants in the event of an accident/loss or vehicle breakdown which prevents it from being driven, as well as any fuel changes, punctures or blowouts.
The loss of keys is not covered.
B. Third-party Civil Liability
Civil liability motor insurance refers to the legal obligation to provide compensation for any material and bodily damage caused to third parties as a result of a traffic accident.
This insurance covers the civil liability of the driver or owner of the vehicle, ensuring that the insurer covers any damages caused to third parties.
Third party liability insurance covers material damage and physical injury to third parties (e.g. damage to another vehicle, damage to infrastructure, injury to a pedestrian)
It does not cover physical injuries to vehicle occupants.
C. Damage caused by Vandalism
Damage caused by simple vandalism is taken to mean scratches and dents, broken glass and forced/broken locks, caused by acts of vandalism.
D. Collision Damage (With other vehicles)
Collision damage is taken to mean damage resulting from an accident with other vehicles involved.
E. Collision Damage (with fixed objects)
Damage caused by collision with fixed objects is taken to mean an accident involving your own vehicle and another immovable object. For example: a vehicle crashing into a wall.
F. Theft
Vehicle theft is covered upon submission of a report/notification to the police authorities as well as the vehicle key.
G. Scratches and Dents
Scratches are taken to mean superficial, elongated and thin marks caused by friction with objects that scratch the surface of the vehicle body. Dents are taken to mean deformations on the surface of the vehicle caused by impact. Both are covered.
H. Locks
Damaged and/or broken locks are covered.
I. Glass
Cover of glass breakage for windscreens, side windows, rear windows and panoramic windows. Covers chipped glass or total breakage.
J. Mirrors
Mirror and Rearview Mirror Cover. Includes window and mirror cover
K. Tyres
Cover of tyre punctures and/or blowouts.
L. Rims
Cover for scratched and/or damaged rims.
1. Cover is only valid for those drivers described in the vehicle rental agreement.
2. The customer is liable for all damages and expenses deriving from the improper use of the vehicle or fuel switching.
3. The customer is liable for the vehicle key if it is lost or damaged, as well as any additional payments made on trips to exchange the vehicle.
4. In the event of theft, the coverage applies provided that the key is returned and the lessee files an Incident Report issued by the police.
5. Personal injury and damage to personal property are not covered.
6. The cover will be rendered null and void in the event that:
6.1. the vehicle is driven by a driver not described in the agreement;
6.2. a number of passengers is transported which exceeds the vehicle's capacity;
6.3. drivers are under the influence of alcohol or drugs;
6.4. negligent driving;
6.5. the vehicle travels on inappropriate and/or unfinished roads, in the opposite direction or on roads in a prohibited direction;
7. Any damage to the vehicle, no matter how small, must be reported by the driver to Drive on Holidays by filling in the European Accident Statement. In the event of personal injury, a report of the incident issued by the authorities needs to be filed.
8. In the absence of those documents mentioned in the previous number, the cover is rendered null and void and the customer is wholly liable for any damage to the vehicle.
