Terms & Conditions
CAR RENTAL AGREEMENT - GENERAL CONDITIONS
JUSTDRIVEMADEIRA, hereinafter referred to as "JUSTDRIVEMADEIRA," rents to the CLIENT identified in the front of this contract, hereinafter referred to as the "Client," under the terms and conditions specified in this rental agreement, which the CLIENT acknowledges, agrees, and, by signing in the designated space (page 1), undertakes to observe and respect.
ART. 1 - USE OF THE VEHICLE
- In order to maintain insurance coverage and avoid it being considered void, the CLIENT agrees not to allow the said vehicle to be driven by individuals who are not identified and accepted by JUSTDRIVEMADEIRA as stipulated in this contract or any attached documents or amendments.
- The CLIENT also undertakes not to use the said vehicle or allow it to be used, under penalty of falling under the provisions of the previous clause:
- a) for the transportation of passengers or goods, in exchange for any compensation or remuneration, implied or explicit, regardless of the form of commitment.
- b) for pushing or towing any vehicle or trailer and/or any other object, whether it has wheels or not.
- c) for official or unofficial sports events.
- d) by a person under the influence of alcohol or narcotics.
- e) for any transportation in violation of customs regulations or that is otherwise illegal.
- f) for the transportation of passengers or goods in violation of the provisions stated in the vehicle's logbook.
- The individuals authorized to drive the said vehicle as stipulated in clause 1 must be at least 21 years old and hold a valid driver's license for at least 1 year, subject to confirmation and/or conditions.
- The Client shall, outside periods of usage, ensure that the vehicle is properly closed and locked and shall not leave any relevant documents inside it, without prejudice to always being in possession of such documents in any way.
- The CLIENT is expressly prohibited from selling, mortgaging, or otherwise using the said vehicle, this contract, the documents, or tools in a way that may harm JUSTDRIVEMADEIRA.
Any violation of the provisions in this article entitles JUSTDRIVEMADEIRA to repossess the vehicle from the CLIENT without prior notice and without prejudice to any compensation that the CLIENT may be obliged to pay under legal or contractual terms.
The CLIENT undertakes to use the rented vehicle exclusively on the island of Madeira and is not permitted to transport it outside of this area.
ART. 2 - CONDITION OF THE VEHICLE
The CLIENT expressly declares that received the said vehicle in perfect working condition, equipped with five tires in good condition and without punctures. In the event of any damage to any of the tires, for reasons unrelated to normal usage, the CLIENT is responsible for immediately replacing the tire with one of the same characteristics and brand, at their own expense.
ART. 3 - PREPAYMENT RENTAL - EXTENSION
The rental price, prepayment amount, and extension price will be determined by the applicable rates at any given time and paid in advance. Customers with accepted credit cards by JUSTDRIVEMADEIRA are exempt from making prepayments (initial or additional for rental extension) as long as it falls within the conditions and limits of those cards.
Under no circumstances can the prepayment be used as a rental extension. If the CLIENT wishes to keep the said vehicle beyond the initially agreed period and to avoid disputes, the CLIENT must obtain prior agreement from JUSTDRIVEMADEIRA, and immediately pay the current rental amount and the prepayment for the extension.
Failure to comply with the provisions in the previous clause entitles JUSTDRIVEMADEIRA to initiate appropriate legal or criminal proceedings.
The CLIENT undertakes to return the vehicle to JUSTDRIVEMADEIRA on the date and location specified in this contract. Failure to do so will result in the contract not being considered terminated.
ART. 4 - PAYMENTS
- The CLIENT expressly agrees to pay JUSTDRIVEMADEIRA, upon request, the following:
- a) The amount corresponding to the rental period and damages caused in the event of a collision not covered by insurance, the premiums for driver insurance and insurance for persons transported in the vehicle, if such insurance has been agreed upon, or to bear any expenses for hospitalization and medical assistance otherwise or if the limits covered by insurance are exceeded.
- b) All taxes and/or fees payable due to the situations referred to in item a).
- c) All judicial and extrajudicial expenses, fines, and other pecuniary penalties, regardless of their nature, arising from the violation of any legal norms attributable to the CLIENT or the said vehicle while in the possession of the CLIENT, except for those resulting from the fault of JUSTDRIVEMADEIRA.
- d) All other expenses, including legal expenses, attorney's fees, or solicitor hired by JUSTDRIVEMADEIRA to obtain payment of any amounts owed by the CLIENT.
- e) The cost of repairing and damages caused by collision, impact, or overturning of the said vehicle and its immobilization. For this clause, it is understood that:
- The applicable rates at the time of the occurrence of the events will be used for the debits to be made.
The CLIENT shall not be liable under this clause provided that the said vehicle has been used in accordance with all the terms and conditions of this contract and, cumulatively, the CLIENT has previously contracted with JUSTDRIVEMADEIRA for the payment of the collision damage waiver (C.D.W.) and (L.D.W.) insurance coverage, by signing or initialling in the designated space in this contract.
ART. 5 – INSURANCE
Only the CLIENT and/or drivers authorized by JUSTDRIVEMADEIRA will benefit from the insurance coverage, according to the following provisions:
The CLIENT or the authorized driver of the vehicle, as established in Article 1 of this contract, is covered as an insured party under a motor vehicle insurance policy, a copy of which can be examined at the main office of JUSTDRIVEMADEIRA. This policy covers unlimited third-party liability in accordance with the laws in force in the country.
The CLIENT is subject to the terms and conditions of the aforementioned policy and agrees to abide by them.
In the event of a breakdown or accident involving the vehicle, the Client must immediately report the incident to the police and inform JUSTDRIVEMADEIRA within 48 hours of the occurrence, even if no third parties are involved.
In the event of loss, theft, burglary, or damage to the vehicle, the Client shall be liable, up to the limit permitted by law, for the payment of the deductible amount indicated in this rental agreement for each separate incident of damage, any applicable taxes, as well as our damage or theft/burglary processing fee (unless additional coverage has been purchased to reduce the deductible amount).
The deductible owed by the Client shall not apply under the following circumstances:
- The coverage limits the amount of the deductible to be paid by the Client in case of damage, theft, or burglary. In Europe, the rates of JUSTDRIVEMADEIRA include a base level of coverage, so JUSTDRIVEMADEIRA will not charge more than the indicated deductible amount plus taxes (if applicable) and the fee that JUSTDRIVEMADEIRA charges for theft/burglary or damage processing unless the deductible does not apply.
- The Client can further reduce the amount of their deductible by purchasing additional coverage. The deductible owed by the Client will not apply if the loss or damage results from (i) willful or fraudulent acts, omission, or gross negligence (to the extent such terminology is provided for in the applicable law) or (ii) a deliberate breach of Sections 5 (Use of the Vehicle) and 6 (Accidents, Theft, Burglary, and Damage).
- If the deductible does not apply, JUSTDRIVEMADEIRA shall have the right to compensation for losses and damages from the Client in an amount equivalent to the severity of the negligence and up to the total amount of losses and damages incurred or to be incurred by JUSTDRIVEMADEIRA (whichever is higher), to the extent permitted by applicable law.
- If the Client damages the vehicle on more than one occasion, they shall, within the limits permitted by law, pay the deductible indicated in the rental agreement for each clearly separate incident of damage. JUSTDRIVEMADEIRA will attempt to recover the deductible amount and other charges from the culpable party if the Client can prove that they were not at fault for the damage, theft, burglary, or loss, or that it does not result from their own fault, willful misconduct, fraud, or gross negligence (to the extent such terminology is provided for in the applicable law). To assist us in this process, the Client must submit a duly completed incident report form to JUSTDRIVEMADEIRA, including the contact details of the other parties involved, within 48 hours of the accident. Within the limits permitted by law, JUSTDRIVEMADEIRA will charge a fee to cover the costs associated with contacting the Client to obtain the duly completed incident report form. The Client is not responsible for any charges for losses or damages attributable to JUSTDRIVEMADEIRA's failure to ensure the maintenance of the vehicle or covered by the manufacturer's warranty. There will be a deductible, based on the current rate, payable by the CLIENT in the event of an accident. This liability can be eliminated, with the prior agreement of JUSTDRIVEMADEIRA, upon payment of an additional fee.
The CLIENT releases JUSTDRIVEMADEIRA from any and all liability for losses, thefts, burglaries, or damages relating to objects and utensils transported in the vehicle.
The vehicle is only covered by insurance during the agreed rental period. After this period, unless a contract extension is agreed upon by both parties, JUSTDRIVEMADEIRA disclaims all liability for accidents caused or that may be caused by the CLIENT, who is solely responsible for them.
Similarly, there will be no insurance coverage for any driver who does not hold a valid driver's license or who drives under the influence of alcohol or narcotics. In such cases, the CLIENT and/or driver will be fully responsible for the damages caused to JUSTDRIVEMADEIRA.
All damages to the vehicle resulting from its misuse on poorly maintained roads will be the responsibility of the CLIENT.
JUSTDRIVEMADEIRA disclaims all liability for damages caused to third parties during the rental period if the CLIENT deliberately provided JUSTDRIVEMADEIRA with false information, particularly regarding their identity, address, or the validity of their driver's license. "There will be no valid insurance coverage for these cases."
By agreement, individual personal accident insurance may be established for the driver and passengers, with the coverage limit stated in the insurance policy, which also provides for medical assistance and hospital expenses within certain approved limits. Additional information will be provided upon request by the CLIENT.
ART. 6 - MAINTENANCE AND REPAIR
Normal mechanical maintenance arising from normal use is the responsibility of JUSTDRIVEMADEIRA. In the event that the vehicle becomes immobilized, repairs may only be carried out with the prior written consent of JUSTDRIVEMADEIRA and in accordance with the instructions provided.
Repairs, once completed, must be detailed on the invoice with an indication of the replaced parts.
Under no circumstances may the Client demand compensation for delays in the delivery of the vehicle due to its immobilization during the rental period or for the cancellation of the contract due to repairs.
Similarly, JUSTDRIVEMADEIRA shall not be liable in the event of a defect in the construction of the vehicle or previous repairs.
ART. 7 – FUEL
For fuel and hybrid vehicles (hybrid vehicles are those that combine a diesel or gasoline engine with an electric motor), the Client must return the vehicle with the same fuel level as it had at the time of pick-up unless they have opted for the Full Tank option. Otherwise, the Client will be responsible for the payment of the fuel used according to the value applied in the "Pay on return" option.
If the Client travels fewer than 120 km and does not provide a fuel receipt, they must pay our EZ Fuel fee (fixed amount of €17.22), unless they can prove that no loss or damage occurred or, if they did, that the amount involved is significantly lower than the EZ Fuel fee.
By purchasing the Full Tank option, the Client does not need to refuel the tank before returning the vehicle. If the Client chooses the Full Tank option, JUSTDRIVEMADEIRA does not provide a refund for unused fuel, unless the Vehicle is returned with a full tank, in which case the Client will be reimbursed for the amount charged for the Full Tank option.
JUSTDRIVEMADEIRA charges the average fuel price at the end of the rental period in force in the Autonomous Region of Madeira, as indicated in the following European index: http://ec.europa.eu/energy/observatory/oil/bulletin_en.htm
ART. 8 - RENTAL VALIDITY
Any amendments to the terms and clauses of this agreement that have not been agreed upon in writing are null and void.
ART. 9 - COMPLAINTS, APPLICABLE LAW, AND JURISDICTION
JUSTDRIVEMADEIRA has a physical complaint book available at its counter and an electronic version accessible through the website www.livroreclamacoes.pt or through the IMT website
This rental agreement is governed by Portuguese law.
The parties agree to establish the jurisdiction of the District of Madeira to settle any conflicts arising from this agreement, with the express exclusion of any other jurisdiction.