The lessee must provide GUERIN with the data marked with * in the rental agreement, which, if not provided, the rental cannot be completed. For more information, please see Clause 13 as well GUERIN’S Privacy Policy at www.guerin.com.pt

Consent:
[ ] I authorize that my personal data, provided by me, may be processed by GUERIN for marketing and conducting Customer satisfaction surveys purposes, namely newsletters, promotions, new offers, campaigns, events and new products and services in order to customize and improve my experience as a Customer.



GENERAL RENTAL CONDITIONS

GUERIN Rent-a-Car (Dois) Lda, (henceforth known 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 (henceforth known 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

1.1 The Customer herewith declares and accepts that the Car rented under this agreement is in good working order and without any apparent defects over and above those described in the "Estado da Viatura” This forms an integral part of this contract and is hereby wholly reproduced for all purposes, and it is your obligation to return the vehide documents and other equipment itemized above. that he must return the Car in the same condition as he found it, at the same time as all the documents, spare parts, accessories and equipment for the Car that were delivered to him/her on the same date.

1.2 The return of the Car as specified in 1.1 above must be made to the same Guerin representative that delivered the Car, unless the Rental Contract specifies otherwise.

2. CONDITIONS OF USE

2.1 The Customer must ensure that he takes care of the condition of the Car and that it is locked and in a safe place when not in use.

2.2 The Customer must use the appropriate fuel for the Car as well as safety equipment in the vehicle to the extent that such use is necessary and/or prudent.

2.3 The Customer must not use the vehicle or allow it to be used under the following circumstances:

a) For the commercial transport of goods or passengers;

b) For the transport of goods, even when free of charge, when in violation of any law or regulation;

c) To tow and/or push any other vehicle or object;

d) To take part in sporting events;

e) While the driver is under the influence of alcohol, drugs or other substances that directly or indirectly reduce his or her perception or ability to react;

f) Breaking any traffic rules;

g) When driven by any other person who is not an authorised driver under the terms of the present Contract, or who, even if authorised, does not meet the minimum requirements demanded by Guerin in terms of age and Driving licence validity. Under these circumstances, the Customer will be directly responsible to Guerin and must indemnify Guerin according to the relevant legal and contractual terms

h) Outside European Union, except Switzerland and Norway.

3. CUSTOMER RESPONSIBILITIES AND CHARGES

3.1 Over and above the terms of the present Contract, the Customer has the following additional obligations:

a) To make payment for the rental of the Car according to the tariffs in force, for additional costs airport fees, road tax, delivery and collection, one-way, young driver, and the options chosen by the Customer, as described in the Rental Contract.

b) To take full responsibility for and pay:

I) The cost of Car re- fuelling services (including any missing fuel) under circumstances where the car is returned with less fuel than that specified in the "Estado da Viatura” document;

II) The costs relating to documentation of the Car, where these have been stolen or lost by the Customer;

III) The costs paid by Guerin as a result of the incorrect fuel being used for the Car;

IV) Taxes payable under legislation in force during the period of the present Contract;

V) The costs necessary to replace tyres that have been damaged by abnormal use or as a result of accidental punctures;

VI) the Claims Management Fee, corresponding to the administrative costs of claims management, as well as costs of suspension of the vehicle during the administration period and the repair of any damage, regardless of whether or not the same occurs under a claim process. The Customer shall not bear this cost only in the following situations: where the Customer has acquired the SCDW service under this clause, or the same is included in the tariff and the damage does not result from any fault and/or negligence of the Customer, or where the value of the damage is less than the value established for the Fee.;

VII) All expenses, including fines and costs relating to the impounding of the vehicle, when it has been stopped by the police for the illegal transport of goods;

VIII) All fines, legal and non legal costs, penalties for traffic infractions or for any other infringement of the law caused by the Car or by the Customer plus the administrative costs for the identification to the authorities during the period of the Rental Contract, unless they were due to actions taken or oversight by Guerin;

IX) All costs and expenses including judicial costs and lawyers’ fees contracted, to obtain payment of any sum due by the Customer under the terms of the present contract;

3.2 In addition to conditions in 3.1 above, the Customer will be responsible to Guerin, on the demand of the latter, for costs and losses suffered, including but not limited to repair costs, depreciation, loss of profits, vehicle recovery and towing costs:

a) For all damage to the Car during the rental period, with the exception of that damage specifically mentioned and described in the check out document;

b) For the theft or loss of the Car

3.3 Without prejudice to the terms of paragraph 3.4 below, the Customer’s responsibility in this paragraph and the conditions applicable resulting from the Rental Contract, will be limited to the value of the maximum deductible, calculated in accordance with the respective schedule that is in force at the time of the start of the Rental.

3.4 The Customer can limit his responsibility to Guerin by agreeing to one or more of the following options: CDW (Collision Damage Waiver), SCDW (Super CDW), ACDW (Additional CDW) and TW (Theft Waiver), under the following conditions:

a) CDW -The Customer’s responsibility resulting from damage caused to the vehicle, under the terms of sub-paragraph a) of paragraph 3.2 with the exception of damages caused by damage to windows, the underside or top of the car without collision and those damages resulting from incorrect use of the car, will be limited to the value of the minimum deductible, calculated in accordance with the schedule in force at the time of the start of the Rental;

b) TW - The Customer’s responsibility for theft and loss of the vehicle under the terms of sub-paragraph b) of paragraph 3.2, will be limited to the value of the minimum deductible, calculated in accordance with the respective schedule in force at the time of the start of the Rental;

c) SCDW - The Customer will have no responsibility for damages covered by the CDW and TW agreed by the Customer;

d) ACDW - The Customer will have no responsibility on damage to windows;

3.5 In addition to provisions of the preceding paragraph, the Customer may instead opt for the possibility of reducing the excess to an amount less than the minimum excess according to the respective fee schedule for reduction of excess in force at the date of commencement the Rental.

3.6 The limitations on liability provided in the preceding paragraphs shall not become effective, even if the Customer has subscribed to the options described, where his or her liability results from a violation of the rules of use of the vehicle, wilful or negligent breach of the Highway Code or where the situations causing such liability occur when the Car is not being driven by the Customer or by an Authorised Driver.

4. RESPONSIBILITY OF GUERIN

4.1 Guerin cannot be considered to be responsible for any loss or damage caused by the Customer, except in the case of seriously negligent or fraudulent conduct.

4.2 Nothing stated in the present Contract will be sufficient to exclude or restrict Guerin’s responsibility y in case of death of bodily harm resulting from negligent or fraudulent conduct or any other responsibility that cannot be excluded in accordance with the law.

5. OTHER CONDITIONS

5.1 Guerin can at its own initiative at any time and at the expense of the Customer, revoke the present contract and retake possession of the vehicle, whenever the Customer uses it in violation of these General Conditions or of any other condition arising from the Rental Contract. ety of others.

5.2 The Customer declares that he is aware that the minimum car rental period is one day, meaning for the purpose of this Contract, a period of 24 hours starting from the beginning of the rental period, and that the calculation for the total cost of the rental period, and that the calculation for the total cost of the Rental will be based on the exact number of days during which the Car was in the possession of the Customer.

5.3 Any claim by the Customer concerning any charges due or the manner in which they have been calculated should be communicated to Guerin by the 30th day after receipt by the Customer of the final Account statement. 5.4 The Customer herewith authorises that the Rental and other costs resulting from the present contract that are his/her responsibility, be charged to his/her credit card.

5.5 Damages to the Car that are recorded by Guerin during thirty days following the end of the Rental Contract and due to the use of the Car by the Customer, will be included in the costs and expenses mentioned in the previous clause.

5.6. GUERIN may refuse to enter into a Rental Agreement, when the Client does not provide guarantees that assure GUERIN that the Agreement will be fulfilled.

6. VIA VERDE MANAGEMENT SERVICE

6.1 Upon subscription to this service, Guerin provides the Client with a Via Verde identifier belonging to Guerin, installed to the windshield of the vehicle.

6.2 Through the use of the mentioned Identifier, the above-mentioned service allows the toll rate to be determined and ensures its collection under the electronic toll services available in road infrastructures duly equipped for this service. The Client is solely responsible for the full payment of the fees referred to during the period of the Rental Contract.

6.3 For the purpose of payment, the Client should use a valid credit card, ensuring that the corresponding bank account has the sufficient balance to cover the amounts due, allowing the debiting to occur at the same time as using the road infrastructures mentioned in the above point, accepting that the debits due may occur after the termination of the Rental Contract, as long as the use of the road infrastructure was verified to have occurred during the term of the contract.

6.4 The Client is still responsible for the proper operation and maintenance, in perfect condition, of the Via Verde Identifier, and in no case is to take out the abovementioned equipment from where it is installed, communicating any anomalies to Guerin or driving to a Via Verde assistance point in order to resolve the problem.

6.5. The non-subscription to the present service implies the responsibility of the Client under the general terms as defined by Law no. 25/2006 of 30 of June, as amended.

7. INSURANCE

7.1 The Customer and drivers authorised by Guerin are covered by third party liability insurance for personal or material damage caused to third parties with a limit of Euro , 50,000,000 (fifty million Euro), This policy was issued in accordance with Portuguese legislation and should be considered an integral part of this contract. It is available for inspection at Guerin

7.2 In case of accident, Guerin will not be responsible for bodily or material damage caused to the Customer or passengers. 6.3

7.3 The Customer can take out personal accident insurance (PAI), the conditions of which can be inspected in the policy agreed between Guerin and the insurance company, which is available for inspection at Guerin.

8. ACCIDENTS, AND THEFT OF THE CAR

8.1 If the Car is stolen, the Customer must inform the relevant authorities within 24 hours of the theft occurring and complete and sign a theft report at the nearest Guerin Office.

8.2 The Customer must cooperate with Guerin and its insurers in any investigation or judicial process following or as a result of any occurrence of the events described in paragraph 7.1.

8.3 In case of accident, the customer must complete the relevant ”amicable declaration”, report the accident to the police and sign the accident report at the nearest Guerin Office within 24 hours.

8.4 Breach of the obligations referred to in this Clause, whereby the Customer shall be considered to have behaved negligently, and shall consequently be liable for all repair costs, in the event of accident, or costs involved in recovering the Car, in the event of theft.

9. ESSENTIAL REQUIREMENTS

9.1 For the purpose of the present contract, the minimum driving age will be 21 years but will be 25 years for the four wheel drive or luxury cars.

9.2 Guerin at its own discretion can authorise drivers for the Car of an age less than the ones described in the previous clause, but never less than 18 years, an option known as ”young drivers”, against payment of an additional charge in accordance with the price list in force at the date of the start of the rental.

9.3 Maximum Age Driving for the purposes of this contract shall be 80 years.

10. PERSONAL BELONGINGS

Guerin will not be responsible to the Customer, any authorised Driver or passenger for loss or damage to personal possessions left in the Car, either during or after the contract period.

11. GEOLOCATION

By signing these General Condition, the Customer acknowledges that the Car may be equipped with a geolocation device (GPS) that can be used in case of a breach of the contract and / or border crossing.

12. APPLICABLE LAW AND COURTS

1.This contract has been prepared in accordance with Portuguese Law and both parties agree to the jurisdiction of the courts of the city of Lisbon.

2.In case any dispute arises the consumer shall have the right to apply to any of the Alternative Dispute Resolution Mechanisms available, and can find complete information about these on consumidor.pt.

13. DATA PROTECTION

1. GUERIN, acting as an independent data controller, may use Customer’s personal data (and the personal data of any Authorised Driver) collected in connection with this rental agreement or any related agreement or service ("Customer Personal Data”), and disclose it, for the following purposes:

  • process Customer Personal Data to manage the rental and the commercial relationship, communicate with the Customer about or assist with the rental;
  • verify personal, driving and credit information (including Customer Personal Data) provided by the Customer and any additional Authorised Driver through credit agencies or other sources.
  • for the purpose of marketing and conducting customer satisfaction surveys, when the Customer or the Authorized Driver has given express consent.
  • store Customer Personal Data that relates to any incident arising from the Customer’s dealings or an additional Authorised Driver's dealings with Guerin if it thinks that, as a result of such incident, the Customer or an additional Authorised Driver could be a risk for future rentals. In this case the data may also be communicated to ARAC for inclusion in a database of non-compliant clients.
  • to fulfill other legal obligations as well to transmit to debt collectors companies, in case of breach of contract.

2. Guerin will disclose Customer Personal Data to (i) EAN Data Services UK Ltd., (ii) Enterprise Holdings, Inc. and/or any of relevant subsidiaries (for details please see EHI’s Privacy Policy at https://www.enterprise.co.uk/en/privacy-policy.html) (together "EHI”), all acting as independent data controllers. Customer Personal Data will be shared for the following purposes:

  • process Customer Personal Data to manage the rental and the commercial relationship, communicate with the Customer about or assist with his rental. EHI processes Customer Personal Data for this purpose on the basis of (i) contractual necessity (e.g. billing) or (ii) its legitimate interests in ensuring the effective delivery of the requested services, when these interests are not overridden by the Customer’s – and any applicable additional Authorised Drivers’ – data protection rights;
  • store Customer Personal Data that relates to any incident arising from the Customer’s dealings or an additional Authorised Driver's dealings with EHI if it thinks that, as a result of such incident, the Customer or an additional Authorised Driver could be a risk for future rentals. EHI processes Customer Personal Data for this purpose on the basis of its legitimate interests in protecting its employees, other customers, the public and its property from safety or financial risks based on past customer conduct, when these interests are not overridden by the Customer’s – and any applicable additional Authorised Drivers’ – data protection rights;
  • process Customer Personal Data in order to carry out phone customer satisfaction surveys. EHI processes Customer Personal Data for this purpose on the basis of its legitimate interests in ensuring customer satisfaction of the services which it provides, when these interests are not overridden by the Customer’s – and any applicable additional Authorised Drivers’ – data protection rights;
  • send the Customer marketing communications (for instance by post or electronic communications) about similar products or services which EHI thinks may be of interest to him. This can include the provision of targeted advertising on EHI sites, selected partner sites and social networks. EHI processes Customer Personal Data for this purpose on the basis of its legitimate interests in conducting such marketing, when these interests are not overridden by the Customer’s – and any applicable additional Authorised Drivers’ – data protection rights but, where required, will seek the Customer consent to do so at the time of data collection; and
  • compile statistics and analysis about the Customer – and any applicable additional Authorised Drivers’ – use of EHI products and services, including statistics based on anonymized data, which enable EHI to provide the Customer and other customers in the future with better customer service, products, features and functionalities.

EHI participates in and is responsible for the processing of personal data received under the EU-U.S. Privacy Shield Framework. For more information regarding EHI’s data transfer compliance or if the Customer has an unresolved privacy or data use concern that EHI has not addressed to the Customer’s satisfaction, please see EHI’s Privacy Policy to find out more information on how to contact EHI’s third party dispute resolution provider.

3. Both Guerin and EHI retain Customer Personal Data for commercially reasonable periods of time or in accordance with specific laws or policies. Information collected for a specified purpose will only be used for that purpose and, after a reasonable period of time, will no longer be actively stored when that purpose has been fulfilled. Inactive data may, however, continue to be used for statistical, marketing, archiving, and other analytical purposes.

4. The Customer has the right to: (i) access and port his personal data (including in certain cases in a commonly used, machine readable format); (ii) have his personal data rectified (where it is inaccurate or incomplete), (iii) have his personal data erased where Guerin or EHI no longer has any legitimate reasons to process it; (iv) have his personal data restricted; (v) object to Guerin or EHI’s processing of his personal data in certain circumstances; and (vi) lodge a complaint with the applicable supervisory authority.

5. If the Customer has any queries in relation to the above use of his Customer Personal Data, he should contact Guerin in the first instance by using the following e-mail: privacidade@guerin.com.pt (for further details please see Guerin’s Privacy Policy at www.guerin.com.pt.)



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