GENERAL RENTAL CONDITIONS
GUERIN Rent-a-Car (Dois) Lda, (hereinafter referred to as Guerin) rents to the Customer through a Rental Contract of which the General Conditions are an integral part, the motor vehicle described in the present contract (hereinafter referred as the Car), according to the terms set out on the first page, the rental being subject to the terms and conditions described below.
This document contains the terms of the rental contract signed between Guerin and the Customer, so that the Customer must ensure that he has full knowledge of the contract and agree with the following terms:
1. CONDITION OF THE CAR AND ITS RETURN
1. VEHICLE CONDITION AND RETURN
1.1 The Client declares and acknowledges that it is their obligation to perform a prior inspection of the Vehicle, undertaking to ensure that all existing damage at the time of pick-up is duly identified in the document "Vehicle Condition at Delivery", which forms an integral part of this contract and is hereby deemed to be fully incorporated herein for all intents and purposes. The Client further acknowledges that it shall be presumed that the Vehicle was delivered in the condition indicated in said document and that the Client shall be held liable for any new damage identified at the time of the Vehicle's return.
1.2 The Client acknowledges their obligation to return the Vehicle in the same condition as it was delivered, together with the respective documents, spare parts, accessories, and equipment provided on this date.
1.3 The return of the Vehicle shall be made to the Guerin representative who performed the delivery, unless otherwise contractually stipulated.
1.4 In cases where, at the Client’s request and as a matter of courtesy only, Guerin authorizes the Client to return the Vehicle outside the station's operating hours, the Client acknowledges and accepts that the effective return of the Vehicle shall only be deemed completed after the inspection of its condition by a Guerin representative. Consequently, until such time, the Client maintains full and exclusive responsibility for the Vehicle, including for any damages, losses, or charges, until the aforementioned inspection takes place, which shall occur within four hours of the opening time of the station in question.
2. TERMS OF USE
2.1 The Client shall ensure the preservation of the Vehicle's condition and use the necessary safety devices installed in the vehicle, ensuring prudent and appropriate use, and must always ensure that the vehicle remains locked and in a safe location when not in use.
2.2 The Client must refuel the vehicle with the appropriate type of fuel or electric charge suitable for its specifications.
2.3 The Client may not use or permit the use of the vehicle under the following circumstances:
a) Transport of goods or passengers for hire or reward;
b) Transport of goods, even if free of charge, in violation of any legal provision;
c) To tow and/or propel any vehicle, trailer, or other object;
d) To participate in sporting events or competitions;
e) If the driver is under the influence of alcohol, drugs, or any other substance that, directly or indirectly, reduces their perception and reaction capacity;
f) In violation of any traffic rules and regulations;
g) By any person other than the authorized driver under the terms of this Contract, or who, even if authorized, does not meet the minimum requirements demanded by Guerin for the rental regarding age and validity of the Driving License, in which case the Client shall be directly liable to Guerin and shall indemnify it under legal and contractual terms;
h) Outside Portuguese territory, without prior authorization from GUERIN and subscription to the "Cross Border” service;
i) Outside the "authorized countries”, as further identified in the "Public Rate Table”.
2.4 - Smoking is strictly prohibited inside the Vehicle. The detection of any evidence indicating such conduct shall result in the payment by the Client of the respective penalty (as provided for in the "Public Rate Table").
3. CLIENT LIABILITY AND CHARGES
3.1 In addition to the other provisions set forth in this Contract, the Client is further obligated to:
a) Pay the Vehicle Rental costs in accordance with the rates in force, as well as additional costs such as airport fees, road tax (circulation supplement), national and international delivery and collection fees, young driver surcharges, and any options described in the Rental Contract that the Client may subscribe to.
b) Assume full responsibility for and bear:
I) Fuel costs, depending on the contracted fuel policy:
- "Vehicle Refueling Service”: The Client undertakes to return the Vehicle with the same fuel level as at the time of pick-up, as specified in the document "Vehicle Condition at Delivery”. Should the Vehicle be returned with a lower amount of fuel, GUERIN shall charge the costs provided for in the "Public Rate Table” (available for consultation at all GUERIN stations and at www.guerin.pt), plus the cost of the missing fuel, calculated according to the price practiced on the date of return;
or
- "Pre-paid Fuel Tank”: The Client pays the price of a full tank at the time of pick-up and may return the Vehicle regardless of the fuel level, without the need for any additional payment. No refund shall be issued for any unused fuel.
II) The costs regarding the Electric Vehicle recharging service, should the vehicle be returned with a lower battery charge than noted at the time of pick-up, as specified in the "Vehicle Condition at Delivery" document;
III) All costs incurred by Guerin arising from the removal of inappropriate fuel from the Vehicle, as well as any subsequent repairs for damages caused by such refueling, including cases where this fact is only detected after the contract has been closed;
IV) The costs of reissuing Vehicle documentation in the event of misplacement or loss by the Client;
V) All applicable taxes in accordance with the legislation in force throughout the duration of this Contract;
VI) The costs of replacing damaged tires resulting from the abnormal use of the Vehicle;
VII) Any penalty arising from the violation of the smoking ban inside the vehicle;
VIII) Any penalty for the use of the Vehicle outside Portuguese territory without prior authorization from GUERIN and/or without subscribing to the "Cross Border” service;
IX) Any penalty for the use of the Vehicle outside the "authorized countries”, as identified in the "Public Rate Table”;
X) The service cost for returning the Vehicle to a rental station other than the one where the rental agreement was signed ("One-way Fee");
XI) The Damage Management Fee, corresponding to the administrative costs arising from the management of damages, which is due whenever a new damage is identified at the time of the Vehicle's return, except where such fee is included in the rental rate, in cases where the damage does not result from the Client's fault and/or negligence, or when the value of the damage is lower than the fixed Fee amount;
XII) Any compensation for the early return of the Vehicle relative to the contracted rental period, depending on the applicable rental rate and other contracted products, under the terms of this contract;
XIII) All toll fees resulting from driving on roads subject to toll payments and the crossing of electronic toll gantries;
XIV) All expenses, fines, or other charges inherent to the immobilization of the Vehicle when seized by police authorities as a consequence of any illicit acts for which the Client is responsible, including the illegal transport of goods;
XV) All fines, judicial or extrajudicial expenses, penalties for traffic violations, or breaches of law attributed to the vehicle or the Client, plus the administrative cost for identifying the Client to the authorities during the term of this Rental, unless these are caused by an act or omission of Guerin;
XVI) All expenses, including legal costs and attorney fees hired to secure the payment of any amount due by the Client under this Contract;
XVII) The daily rental price until the delivery of the documents necessary to close the contract, including the Agreed Statement of Facts (Declaração Amigável) and/or the Police Accident Report issued at the scene of the accident by the competent authorities. This must be done within a maximum of 48 hours from the return of the Vehicle, after which Guerin reserves the right to automatically close the Contract, holding the Client fully liable for any attributable damages.
3.2 In addition to the provisions of 3.1 above, the Client shall be liable to Guerin, upon the latter's claim, for costs and losses, including but not limited to repair costs, depreciation, loss of profits (loss of use), towing and vehicle recovery expenses:
a) For all damages caused to the Vehicle during the term of the Rental, expressly excluding those damages identified and detailed in the "Vehicle Condition at Delivery" document;
b) For the theft, robbery, or loss of the Vehicle.
3.3 Without prejudice to the following paragraph, the Client's liability for the occurrence and repair of any damages shall be limited to the maximum amount of the Deductible (Franchise), calculated in accordance with the table in force at the start of the Rental, without prejudice to the towing and vehicle recovery expenses, which remain the full responsibility of the Client. Such limitation of liability shall not apply, however, when the damages result from the Client's negligent or wilful conduct, in which cases the Client shall be liable for the total amount of the losses incurred by Guerin.
3.4 The Client may limit their liability towards Guerin by subscribing to the following options, available under the terms of section 3.5:
a) CDR (Collision Damage Reduction) – The Client's liability arising from damage caused to the vehicle, pursuant to subparagraph a) of section 3.2, is limited to the minimum deductible (franchise) amount, calculated according to the rate table in force at the start of the Rental, except in cases of damage to windows, wheels, tires, windscreens, lights and headlights, rearview mirrors, as well as damage caused to the underbody or roof of the vehicle, the interior of the Vehicle, and damage caused by vandalism;
b) TPR (Theft Protection Reduction) – The Client's liability arising from the robbery, theft, or loss of the Vehicle, pursuant to subparagraph b) of section 3.2, shall be limited to the minimum deductible amount, calculated according to the rate table in force at the start of the Rental, except in cases where the Client fails to file a formal report with the competent authorities and fails to return the original vehicle key to GUERIN;
c) SUPER RENTAL PROTECTION – The Client's liability for damages covered by the CDR and TPR subscribed to by the Client shall be fully waived, except in cases of damage caused to windows, wheels and tires, windscreens, lights and headlights, rearview mirrors, as well as damage caused to the underbody, roof, and interior of the Vehicle;
d) ISOLATED GLASS BREAKAGE COVERAGE – The Client's liability for damage to windows, windscreens, rearview mirrors, headlights, and lights shall be waived;
e) GLASS & WHEELS PROTECTION – The Client's liability for damage to windows, windscreens, tires and wheels, rearview mirrors, headlights, and lights shall be waived;
f) RF (Reduced Franchise) – The Client's liability for the payment of the minimum deductible is reduced, according to the price table in force;
g) TOP ROADSIDE ASSISTANCE – The Client's liability for the payment of towing services and on-site assistance shall be waived in the following cases: loss of keys or keys locked inside the vehicle; vehicle immobilization due to a flat battery; wrong fuel or running out of fuel; flat tire; or accident. Such assistance shall be provided on-site following the Client's request and GUERIN's diagnosis. Notwithstanding, the Client remains fully liable for damages caused to the vehicle in the event of a fuel mismatch, as well as for the cost of the tire and repair kit in the event of a puncture.
3.5 The protections referred to in the previous section may be subscribed to by the Client, upon payment of the price indicated in the Public Rate Table, in the following ways:
a) Individual Subscription: CDR, TPR, ISOLATED GLASS BREAKAGE COVERAGE, GLASS & WHEELS PROTECTION, and TOP ROADSIDE ASSISTANCE.
b) Pack Subscription, which may be further supplemented with any individual subscription mentioned in the previous subparagraph:
i) Basic Pack: includes CDR, TPR, Road Tax, and standard Roadside Assistance.
ii) Light Pack: includes CDR, TPR, Road Tax, standard Roadside Assistance, and franchise reduction.
iii) Light Plus Pack: includes CDR, TPR, Road Tax, standard Roadside Assistance, franchise reduction, and Glass & Wheels Protection.
iv) Light Gold Pack: includes CDR, TPR, Road Tax, franchise reduction, Glass & Wheels Protection, and TOP Roadside Assistance.
v) Premium Pack: includes CDR, TPR, Road Tax, standard Roadside Assistance, and Super Rental Protection.
vi) Premium Plus Pack: includes CDR, TPR, Road Tax, standard Roadside Assistance, Super Rental Protection, and Glass& Wheels Protection.
vii) Premium Gold Pack: includes CDR, TPR, Road Tax, Super Rental Protection, Glass & Wheels Protection, and TOP Roadside Assistance.
viii) Platinum Pack: includes CDR, TPR, Road Tax, Super Rental Protection, Glass & Wheels Protection, TOP Roadside Assistance, and Cross Border fee.
ix) Comfort Pack: includes Road Tax, Glass & Wheels Protection, and TOP Roadside Assistance.
3.6 The limitations of liability provided for in the preceding paragraphs shall not take effect, even if the Client has subscribed to the described options, whenever there is a violation of the Vehicle's rules of use, wilful or negligent conduct, non-compliance with the Highway Code, or whenever the situations giving rise to liability occur while the Vehicle is not being driven by the Client or an Authorized Driver. Additionally, the aforementioned limitations of liability do not cover any damage to the batteries of electric vehicles resulting from the Client's conduct, nor cleaning costs in cases where the Vehicle is returned with a level of dirtiness exceeding that of normal and prudent use, in which case the amounts provided for in the "Public Rate Table" (available for consultation at all GUERIN stations as well as at www.guerin.pt) shall be charged.
3.7 The Client acknowledges and accepts that damage values are calculated based on price lists for minor repairs provided by certified international companies, which are duly made available by Guerin to the Client in the event that damages attributable to the Client are identified.
4. REQUIREMENTS FOR ENTERING INTO THE RENTAL AGREEMENT
4.1 The minimum driving age for the purposes of this Contract shall be 21 years old, with a legal driving license held for more than one year, except for all-terrain vehicles and Luxury vehicles, for which the minimum driving age shall be 25 years old.
4.2 Guerin may authorize, at its sole discretion, individuals below the ages mentioned in the previous paragraph but over 18 years old to drive the Vehicle. This option, designated as "young driver", requires the payment of a supplementary fee in accordance with the price table in force at the start of the rental.
4.3 Guerin may refuse to rent Vehicles to Clients who do not provide guarantees for the proper fulfillment of the obligations set forth in the rental agreement; the presentation of a valid credit card (excluding virtual credit cards) is considered as such a guarantee.
4.4 For the purposes of this contract, the Client undertakes to provide GUERIN with a valid telephone contact and email address, which are necessary for the execution of this rental agreement.
5. PAYMENTS
5.1 The Client declares to be aware that the minimum rental period for the Vehicle is 1 day, where 1 day, for the purposes of this Contract, consists of a period of 24 hours starting from the beginning of the rental. The calculation of the total Rental value shall be based on the exact number of days during which the Vehicle was in the Client's possession, according to the applicable rental rate and other contracted products, under the terms of this contract.
5.2 Pursuant to this clause, the amounts due for the rental (price) and other contracted additional products and services, for the repair of damages caused to the Vehicle, for any applicable deductible (franchise), for administrative service costs, for fees and other costs related to the use of the electronic toll service (Via Verde), for the Vehicle refueling service, as well as for the number of liters of fuel missing from the Vehicle at the date of delivery, shall be debited from the credit or debit card account provided by the Client at the date the rental agreement is signed.
5.3 For the purposes of the preceding paragraph, the Client provides a valid credit or debit card, through which they authorize GUERIN to execute the payment orders necessary for this effect, with the Client declaring their express consent. GUERIN shall store the necessary payment information securely, following all PCI security standards, in case of subsequent and/or additional charges.
5.4 Any claim by the Client regarding the existence or quantification of their charges must be submitted and communicated to Guerin by the 30th day following the receipt by the Client of the final statement of account.
6. BREACH OF CONTRACT
Guerin may, at its sole discretion, at any time and at the Client's expense, terminate this Contract and recover possession of the Vehicle whenever there is a breach by the Client of these General Conditions or any other provision arising from this Rental Contract or any previously concluded contract.
7. VIA VERDE MANAGEMENT SERVICE
7.1. Upon renting the vehicle, the Client automatically subscribes, pursuant to the Law, to the toll payment service provided by GUERIN. Through the use of a Via Verde identifier owned by GUERIN and installed on the vehicle's windscreen, this service allows for the determination of the toll fee amount for collection within the scope of electronic toll services provided on road infrastructures duly equipped for such purpose. The Client is solely responsible for the full payment of all toll fees attributed to the use of the Vehicle during the term of the contract.
7.2. The Client authorizes GUERIN to debit from their payment card the amounts due for the use of tolled road infrastructures during the rental period, plus the administrative costs of the service in accordance with the values specified in the "Public Rate Table" (available for consultation at all GUERIN stations and at www.guerin.pt). For this purpose, the Client must provide a valid credit or debit card, ensuring a sufficient balance in the corresponding bank account to meet the due payments. Please note that debits may occur after the termination of the contract.
7.3. Pursuant to the preceding paragraph, should GUERIN be unable to collect the amounts due for toll fees, GUERIN shall refer the process to the electronic toll service providers in accordance with the provisions of Decree-Law no. 84-C/2022, of December 9th.
7.4. The Client is further responsible for the correct operation and preservation, in perfect condition, of the Via Verde Identifier. Under no circumstances may the Client remove said equipment from its installation site; in the event of a malfunction, the Client must report it and visit a GUERIN station for its replacement. In the event of damage caused by the Client or failure to return the identifier, the Client shall pay for the device at the price practiced by Via Verde at that time.
8. INSURANCE
The Client or drivers authorized by Guerin are covered by a third-party liability insurance policy, which covers the risk of personal injury or property damage caused to third parties up to a capital limit of € 50,000,000 (fifty million Euros). This policy is governed by Portuguese Legislation and forms an integral part of this contract, being available for consultation at Guerin.
9. ACCIDENTS, THEFT, AND ROBBERY OF THE VEHICLE
9.1 The Client must report the theft or robbery of the Vehicle to the competent authority within 24 hours of its occurrence, as well as notify GUERIN of such event and personally visit a GUERIN Station to return the original Vehicle key and the respective report issued by the competent authorities.
9.2 The Client undertakes to cooperate with Guerin and its insurers in any subsequent investigation or legal proceedings related to any of the occurrences provided for in section 9.1.
9.3 In the event of an accident, the Client undertakes to report the occurrence to the police and to complete the respective Agreed Statement of Facts (declaração amigável), affirming the truthfulness of the facts occurred, and to sign the accident report at the nearest Guerin station within 24 hours. Notwithstanding, the Client must request the presence of police authorities at the scene of the accident whenever one of the following situations occurs:
- Lack of agreement between the parties involved in the accident and/or the hit-and-run of a third party involved;
- An accident on a motorway caused by objects thrown onto the road or existing on the roadway, by animals crossing, and/or by the presence of liquids on the road, when not resulting from abnormal weather conditions.
9.4 The violation of the aforementioned obligations, as well as the provision of false or incomplete information, or information likely to mislead GUERIN regarding the circumstances and/or the extent of the damage, shall be considered negligent conduct by the Client. In such cases, the Client shall be liable for all repair costs for damages resulting from the accident, or for the maximum deductible in the event of theft or robbery.
9.5 In the event of an accident, Guerin shall not be held liable for any bodily injury or property damage caused to the Client or passengers.
10. PERSONAL BELONGINGS
Guerin shall not be held liable to the Client and/or the Authorized Driver and/or the passenger for the loss of or damage to personal belongings left in the Vehicle, either during the term of this Contract or after its termination.
11. JURISDICTION AND ALTERNATIVE DISPUTE RESOLUTION
11.1 Unless otherwise mandated by mandatory legal provisions regarding territorial jurisdiction, the parties hereby agree to establish the courts of the Judicial District of Lisbon as the competent jurisdiction, with the express waiver of any other, to resolve any disputes arising from the execution of this Contract.
11.2 In the event of a consumer dispute, as defined under the provisions of Law no. 144/2015 of September 8th, the Client may resort to an Arbitration Center included in the List of Centers available on the website of the Directorate-General for the Consumer at www.consumidor.gov.pt.
11.3 Without prejudice to the aforementioned paragraph, the Client may submit a complaint to GUERIN through the physical Complaints Book (Livro de Reclamações) available at its Stations, or through the Electronic Complaints Book, available at https://www.livroreclamacoes.pt/inicio.
12. DATA PROTECTION
12.1. GUERIN, as the Data Controller, may use the Client's personal data (and the personal data of any Authorized Driver) collected within the scope of the execution of this rental agreement or any related contract or service ("Client Personal Data") and process it for the following purposes:
- To enter into the rental agreement, manage the commercial relationship, communicate with the Client, or assist them during the rental period;
- To use the information provided by the Client or the Authorized Driver for verification and confirmation with credit agencies or other sources;
- For marketing purposes, through communication via email, regarding news, new offers, campaigns, vehicles, and services, based on GUERIN’s legitimate interest and the interest of the Client or Authorized Driver;
- For marketing purposes, through communication via telephone, written messages, and other means other than email, regarding news, new offers, campaigns, vehicles, and services, when the Client or Authorized Driver has provided their consent. Within the scope of this same purpose, an analysis of the Client's and/or Authorized Driver's profile may be conducted to determine preferences and provide a personalized experience;
- To conduct satisfaction surveys, for which the Client may opt-out at any time;
- To comply with other legal obligations, as well as to transmit data to debt recovery companies in the event of a breach of the Rental Agreement;
- To transmit personal data to other companies within the same GUERIN Group (subsidiaries of Salvador Caetano Auto, S.G.P.S., S.A.), and to send communications via telephone, written messages, email, and other means regarding their mobility products and services, provided the Client and/or Authorized Driver has given their express consent.
12.2. GUERIN may transfer the Client's Personal Data to (i) EAN Data Services UK Ltd., (ii) Enterprise Holdings, Inc. and/or any subsidiary (for further details, please refer to EHI's Privacy Policy at https://www.enterprise.co.uk/en/privacy-policy.html) ("EHI”), all acting in their capacity as independent data controllers. The Client's Personal Data will be shared for the following purposes:
- To process the Client's Personal Data to manage the rental and the commercial relationship, communicate with the Client, or assist them during the rental. EHI processes the Client's Personal Data for this purpose based on (i) contractual performance (e.g., invoicing) or (ii) its legitimate interests in ensuring the effective delivery of the requested services, provided that such interests are not overridden by the data protection rights of the Client – and any Authorized Drivers;
- To store Client Personal Data regarding any incident involving the Client or the Authorized Driver in cases where, as a result of such incident, it is considered that a risk may exist for future rental contracts. EHI processes the Client's Personal Data for this purpose based on its legitimate interests in protecting its employees, other clients, the public, and its property from financial or safety risks based on the Client's past conduct, provided that such interests are not overridden by the data protection rights of the Client – and any Authorized Drivers;
- To process the Client's Personal Data for the purpose of conducting satisfaction surveys. EHI processes the Client's Personal Data for this purpose based on its legitimate interests in ensuring client satisfaction regarding the services provided, provided that such interests are not overridden by the data protection rights of the Client – and any Authorized Drivers;
- To send the Client marketing communications about similar products or services that EHI believes to be of interest to the Client, including targeted communications on EHI and partner websites as well as on social media. EHI processes the Client's Personal Data for this purpose based on its legitimate interests in conducting marketing activities, provided that such interests are not overridden by the data protection rights of the Client – and any Authorized Drivers; however, where necessary, it will ensure that the Client's consent is obtained at the time of data collection; and
- To compile statistics and analytics regarding the use that the Client – and any Authorized Drivers – make of EHI's products and services, including statistics based on anonymized data, which allow EHI to provide better services, products, and features to the Client and other customers in the future.
EHI is responsible for processing the data received under and within the scope of the U.S.-EU Privacy Shield principles. For further information regarding compliance with data transfer rules or, should the Client have any questions regarding privacy or the use of their personal data that have not been addressed by EHI, the EHI Privacy Policy may be consulted for more information on how to resolve such matters.
12.3. GUERIN and EHI retain the Client’s Personal Data for specific periods of time or in compliance with legal provisions or applicable policies. Data collected for a specific purpose will only be used for that same purpose and, after the necessary period has elapsed, will no longer be stored once such purpose has been fulfilled. Inactive personal data may, however, continue to be used solely for statistical, marketing, archiving, and other analytical purposes.
12.4. The Client has the right to:
(i) Access and request the portability of their personal data;
(ii) Rectify their personal data (in cases where it is incorrect or incomplete);
(iii) Access, without undue delay, free of charge and, if applicable, on a continuous and real-time basis, the data generated by the use of the vehicle, under the terms of Regulation (EU) 2023/2854 (Data Act);
(iv) Erase their personal data when GUERIN or EHI no longer have legitimate reasons to maintain its processing;
(v) Limit the processing of their personal data;
(vi) Object to the processing of personal data carried out by GUERIN or EHI under certain circumstances; and
(vii) Lodge a complaint with a supervisory authority.
12.5. Should the Client have any questions regarding the use of their Personal Data, they should, in the first instance, contact GUERIN via email at privacidade@guerin.com.pt, and may also consult GUERIN’s Privacy Policy at www.guerin.pt.
13. TELEMATICS AND GEOLOCATION
13.1. The Client acknowledges that the vehicle is equipped with a telematics and geolocation device, with GUERIN being the data controller for the data collected through such device, under the terms of the GDPR, Regulation (EU) 2023/2854 (Data Act), and other applicable legislation.
13.2. GUERIN collects telematics data to ensure the management of its fleet, including technical and mechanical vehicle data. Such data shall relate solely and exclusively to the technical and mechanical characteristics of the vehicle (such as instantaneous speed, acceleration, braking, impacts, mechanical alerts, mileage, and fuel level); no data that could identify the Client in this context is collected. These data are not used for continuous monitoring of the Client's behavior, nor for commercial purposes.
13.3. Regarding telematics data, GUERIN shall specifically collect, at the start date of the rental agreement and immediately after the termination date of the contract, the total kilometers displayed on the odometer as well as the vehicle's fuel level.
13.4. The collection of telematics data may also be used, where applicable, as evidence in the event of a claim, accident, vehicle damage, substantiated suspicion of fraud, or breach of contract, for the purposes of:
- a) Claim management and analysis;
- b) Determination of liability;
- c) Protection of GUERIN’s assets;
- d) Compliance with legal obligations, including the reporting of accidents to authorities or insurers.
Access to this data occurs only when a justifying event exists and never for permanent monitoring.
13.5. GUERIN shall also collect the vehicle's geolocation (via GPS technology) solely and exclusively for the following purposes:
a) To ensure compliance with contractual obligations, allowing the location of the vehicle to be consulted when it is not returned on the agreed date, location, or conditions, or when there is a substantiated suspicion of breach of contract;
b) Protection of vehicles in situations of theft, robbery, disappearance, or breach of contract that results in the termination of the agreement, under the terms of these General Conditions;
c) To provide assistance in the event of an accident, if requested and solicited by the Client for such purpose;
d) Receipt of automatic alerts when the vehicle crosses national borders, whenever the contract prohibits leaving the national territory without prior authorization.
Geolocation and telematics data are collected only at the times and for the purposes provided for in this clause and are kept for the period strictly necessary to fulfill those purposes, for the defense of rights in legal proceedings, or for compliance with legal obligations, being subsequently deleted or anonymized.
13.6. Geolocation data will be collected solely and exclusively at the times and for the purposes presented in this clause and will be deleted as soon as its collection allows for the fulfillment of the purposes listed in the previous paragraph.
13.7. GUERIN has implemented technical and organizational measures to protect the data collected under this clause against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure, or access, as referred to in the previous clause. Any questions may be clarified via privacidade@guerin.com.pt.
13.8. The Client acknowledges that the vehicle, as a "connected product," may integrate the manufacturer’s connectable services (e.g., brand apps), and the management of such data is the responsibility of the manufacturer and the Client, independently of GUERIN.
13.9. Under the Data Act, GUERIN ensures the Client the right of access to the data generated by the use of the vehicle and its respective portability to third parties, upon request and whenever technically feasible, while safeguarding the protection of trade secrets – You may consult the Vehicle Data Rights Guide (Data Act) here.
14. FINAL PROVISIONS
GUERIN shall not be held liable for any loss or damage incurred by the Client, except in cases of willful misconduct or gross negligence.