General Contractual Conditions

1 – OBJECT

1. Benecar - Automóveis, S.A. (hereinafter referred to as “Berent”), under the registered brand Berent, rents the motor vehicle best identified in the particular conditions of this contract to the Customer duly identified therein (hereinafter referred to as “Customer”).
2. This Contract, consisting of the “General Contractual Clauses”, “Pick Up Rental Contract”, “Drop Off Rental Contract”, “Damage Table”, “Extras Table” and “Protection Price Table”, which form an integral part of it, establishes the rights and obligations of the parties, as well as the terms and conditions of the rental, of which the Customer is aware, agrees with and is obliged to observe and respect.
3. Unless otherwise specified in writing by the Customer, the contract and all its annexes and elements, including any renewals, as well as communications from Berent, may be provided and made electronically, to the email address indicated in the “Pick Up Rental Contract”.

2 – RESERVATIONS

1. The Customer is obliged to pay the rental price at the time of booking, as well as the contracted services.
2. If the Customer cancels the reservation in whole or in part, no amount will be refunded, without prejudice to the provisions of the following number.
3. At the time of booking, the Customer may contract the “Cancellation with Refund” option, with the following procedure being applied in the case of total or partial cancellation of the reservation:

• a. If the cancellation is communicated to Berent up to 48 hours before the scheduled time for picking up the vehicle, Berent will issue a voucher for the entire paid amount, except for the amount paid for contracting “Cancellation with refund”;

• b. If the cancellation is communicated to Berent after 48 hours prior to the scheduled time for collecting the vehicle, a penalty of 50% of the paid amount will be applied, with a voucher being issued for the remaining amount;

• c. If the cancellation is communicated to Berent after the scheduled time for picking up the vehicle, no amount will be refunded.

1. The voucher provided for in the previous number is for sole use, with no refund of any unused amount permitted, and is valid for a period of 12 months from the date of issue.
2. If the Customer does not collect the vehicle on the date and time stipulated in the contract, Berent will keep the vehicle available until the end of the rental period, with no refund to the Customer.

3 - BEGINNING AND END OF THE RENTAL

1. The Customer declares that they have received the vehicle in good condition of use and cleanliness, with no apparent damages, except for those indicated in the “Pick Up Rental Contract”, as well as the respective equipment, accessories and documents, on the indicated site, date and time.
2. The Customer undertakes to return the vehicle in the same conditions in which they have received it, at the place, date and time indicated in the “Pick Up Rental Contract”.
3. If the Customer uses the vehicle for purposes other than those set out in the Contract, or in case of breach of contract, Berent may immediately terminate the Contract, with the Customer being obliged to immediately return the vehicle to the location indicated in the “Pick Up Rental Contract”, which cannot exceed 24 hours following receipt of communication of the resolution, under penalty of Berent immediately proceeding with its return, by its own means or with the assistance of the police forces, at the Customer’s expense.
4. The extension of the rental or the amendment of the Contract requires express agreement between the Parties, and the respective amendment to the Contract will be drawn up. The Customer will bear any costs of the new contracted services inherent to the change in the Contract.
5. For the purposes of the previous number, if only the extension of the rental is in question, the Customer will have to go to the counter at the station where he picked up the rental vehicle or send Berent a written request to that effect, in either case, at least 48 hours before the end date and time of the current Contract, and for this purpose they may use Berent's email addresses contained in “Pick Up Rental Contract”, mandatorily identifying the vehicle's registration number and the intended period for extension, being applied the conditions set out in subparagraph b) of number 4 of clause 6.
6. Berent will communicate, in writing, the acceptance, or not, of the Customer’s requested change and the respective conditions, including the price. If Berent says nothing within this period, the change request is considered not accepted and the vehicle must be returned by the Customer under the conditions stipulated in the contract.
7. In the case of rental for a period exceeding 30 days, Berent reserves the right to request the replacement of the vehicle during the rental period, and the Customer undertakes to exchange the vehicle within a maximum period of 5 days from the date of receipt of the communication, at a Berent designated location; Berent is obliged to deliver to the Customer an equivalent vehicle to the one being replaced, upon its return.
8. If the Customer does not exchange the vehicle within the period referred to in the previous paragraph, they are obliged to pay the amount of 100€ per day, in addition to the current rental rate, until the vehicle is actually returned, without prejudice to the provisions in clause 8.
9. In the case of rental for a period exceeding 30 days, the Customer is obliged, if requested by Berent, to communicate the real and current number of kilometers of the rented vehicle, within a maximum period of 48 hours from the date upon receipt of the order.
10. In case of early return of the vehicle, Berent is not obliged to return the remaining rental amount to the Customer.
11. If the vehicle is not returned on the day and time stipulated in the contract, as long as the tolerance of 59 minutes is exceeded over the time scheduled for return, the amount indicated as “Extra Days” in the “Pick Up Rental Contract” will be charged, until the vehicle is actually returned to Berent.
12. If the Customer returns the vehicle to a location other than that initially agreed, and as long as Berent has accepted the new return location in writing, the amount for “Return Location Different from the Contracted” set out in the “Extras Table” will be charged, according to the following criteria:
    • a. The amount of 200€ if the vehicle is within a radius of 100 km from the return location stipulated in the contract;
    • b. The amount of 500€ if the vehicle is located within a radius of more than 100 km from the return location stipulated in the contract.
13. A vehicle is considered abandoned whenever the Customer does not actually deliver it to the receptionist at any Berent counter, regardless of the location, date and time, being obliged to pay the amount provided for “Vehicle Abandonment” in the “Extras Table.”
14. The “Drop Off Rental Contract” is considered signed whenever the Customer receives and signs the contract, whether digitally or in person. If the Customer does not sign the “Drop Off Rental Contract” within 24 hours after being sent in digital format, it will be considered by Berent as accepted, provided that within this period the Customer does not object in writing.
15. In addition to the other amounts to which it is entitled, Berent reserves the right to charge all incurred expenses to recover the vehicle.
16. Another location for delivery/return of the vehicle may be agreed in writing between the Customer and Berent, and, according to the latter's availability, upon payment of the amount to be agreed between both parties.
17. Both the delivery and the return of the vehicle are preceded by a joint inspection by Berent and the Customer, resulting in the identification of existing damages and defects and damaged or missing equipment, accessories and documents, which will be indicated in the “Pick Up Rental Contract” and the “Drop Off Rental Contract”, respectively.
18. The identified damages and defects and missing equipment, accessories and documents will be irrevocably accepted by the Customer, in accordance with the previous number:
    • a. If, for reasons attributable to the Customer, it is not possible to conduct a joint inspection of the vehicle, namely due to its abandonment or return on a date, time or place not agreed upon, its breakdown or accident or which for any other reason results in its immobilization;
    • b. If it is not possible to conduct a complete and definitive inspection of the condition of the vehicle at the time of return, namely due to the amount of damage, non-visible damage, breakdown or accident of the vehicle or which for any other reason implies its immobilization.
19. Berent may charge, at the time of verification, the amount indicated in the “Damage Table” in relation to the damages identified under the terms of the previous numbers, without prejudice to a higher amount being charged in accordance with the budget that comes to be carried out, with mention being made in the contract that the return of the vehicle is suspended, awaiting the respective evaluation.
20. If the vehicle is not returned in the same clean condition as it was delivered to you, Berent will have to conduct:
    • a. “Advanced Clean” cleaning: it has the cost indicated in the “Extras Table”, unless you have purchased the “Cleaning” extra when collecting the vehicle;
    • b. “Deep Clean” cleaning: it has the cost indicated in the “Extras Table” .
21. Cleaning is classified as follows:
    • a. “Advanced Clean” when the vehicle only has sand inside or outside, other solid waste that does not stain or damage upholstery, fabrics, leather, equipment, paintwork and is odor-free.
    • b. “Deep Clean” which occurs whenever the cleaning indicated in the previous subparagraph is not applied.
22. When hiring the “Cleaning” extra, the Customer is exempt from paying for the “Advanced Clean” cleaning; this extra does not exempt the Customer from paying for the “Deep Clean” cleaning, which must always be borne by the Customer.
23. In case cleaning does not return the vehicle to the state it was in prior to rental, it will be necessary to replace the affected components, namely upholstery, fabrics, leather and other equipment, applying the procedure prescribed in the event of damage.
24. The Customer is obliged to return the rented vehicle to Berent with the same fuel level or, in the case of an electric vehicle, with the same charge level that it had on the date it was delivered to them, under penalty of incurring for the costs provided in the following number.
25. In case of non-compliance with the provisions of the previous number, the Customer must pay Berent the expected amount of “Refueling Fee” and “Electric Refueling” indicated in the “Extras Table”, depending on whether it is a combustion vehicle or an electric vehicle, respectively, plus 35€ for each missing quarter of a fuel tank or battery; in the case of a hybrid vehicle, the Customer is obliged to pay cumulatively:
    • a. The expected amount of 30€ for a refueling service;
    • b. The amount of 35€ for each missing quarter of a fuel tank; and,
    • c. The amount of 35€ for each missing battery quarter.
26. The rental contract is only considered terminated when the vehicle has been received at Berent's facilities or at the location previously agreed with it, or when the contract is terminated by either party, without prejudice to the obligation to immediately return the vehicle, respective equipment and documents, with the Customer being obliged to bear the respective costs until that moment.
27. Driving licenses issued with characters other than the Latin alphabet must be accompanied by an international driving license.

4 – VEHICLE USE

1. The Customer must ensure:
   • a. The prudent use and driving of the vehicle, in compliance with road legislation;
   • b. That the vehicle is properly locked and parked in a safe place whenever it is not in use;
   • c. Provision of adequate fuel;
   • d. The connection and diligent use of any safety device installed in the vehicle, if any;
   • e. Make sure regularly (at least every 1000 kilometers) that the engine oil, coolant and brake fluid are at the correct levels, check tire pressure as well as adblue.
2. The Customer undertakes not to use or allow the use of the vehicle in the following situations:
   • a. To transport passengers or goods in violation of the law, or in exchange for any implicit or explicit compensation or remuneration, whatever the form of commitment;
   • b. For sporting events or training, whether official or not;
   • c. To push or pull any vehicles, or trailer and/or any and all other objects that have wheels or not;
   • d. For the commission of any crime, transportation in violation of customs regulations, in any activity that involves increased risk or that requires any license, authorization or characteristic that the vehicle does not possess, or that is otherwise illegal;
   • e. By any person under the influence of alcohol, drugs or any other substance that, directly or indirectly, affects their perception and ability to react;
   • f. Subletting and/or entrusting the vehicle to third parties, for any reason;
   • g. By people who hold a driving license for less than 1 year, and by people who are not authorized drivers, that is, who are not identified in the contract or in the document attached to it;
   • h. Outside Portuguese territory, unless you have obtained express authorization from Berent and paid the “Cross-border Tax”, provided for in the “Extras Table”;
   • i. Cross-border rentals between the Mainland and the Azores and Madeira Archipelagos are not permitted;
   • j. Smoking is strictly prohibited in the vehicle.
3. The Customer is strictly prohibited from subletting, selling, encumbering, or in any way, giving as collateral (guarantee) or assigning the use of the vehicle, its documents, tools, any equipment thereof, or placing advertising or commercial mentions. In the case of subletting, the Customer is obliged to pay Berent three times the daily rental price for the entire duration of the rental.
4. The Customer is strictly prohibited from transforming and/or modifying the vehicle and its components, as well as installing any type of device that involves altering its components, namely and by way of example, geolocation devices.
5. The vehicle may be subject to a limit on the number of kilometers it can travel, which will be indicated in the “Pick Up Rental Contract”, without prejudice to the provisions of the following number.
6. In the case of a rental contracted directly with Berent and the kilometer limit is not included in the “Pick Up Rental Contract”, Berent reserves the right to limit the vehicle's kilometers to 200 per day, during the rental period. If the Customer exceeds this limit, the amount mentioned in the following clause will be charged.
7. If the Customer has exceeded the total number of kilometers to which they are entitled under the terms of the previous numbers, the amount of 0.50€ + VAT will be charged for each additional kilometer up to 1000 additional kilometers, with the exception of vehicles belonging to the Group “N”, “N-1”, “P”, “P1”, “U”, “U1”, “Y”, “Y- 1” whose charged amount for each additional kilometer is 2.50€ + VAT. If the Customer has exceeded an additional 1000 kilometers, the amount of 1.20€ + VAT will be charged for each additional kilometer, with the exception of vehicles belonging to Group “N”, “N-1”, “P”, “P1 ”, “U”, “U1”, “Y”, “Y-1” whose value charged for each additional kilometer after exceeding 1000 kilometers is 5.50€ + VAT, unless another amount is provided for in the “Pick Up Rental Contract”.
8. In the situation referred to in the previous number, Berent reserves the right to demand compensation for the excess damage.
9. In case a violation of the odometer is verified, the Customer will be charged the amount corresponding to the Basic deductible amount corresponding to the rented vehicle group, indicated in the “Protections Deductible Amount Price Table”, without prejudice to the initiation of the respective legal proceedings.
10. The Customer may only use the vehicle outside the national territory, in countries registered within the Green Card, if previously authorized in writing by Berent, and such authorization must be requested in writing at least 48 hours in advance, assuming that the exit of the vehicle is unauthorized in cases where there is no written response from Berent, as provided for in subparagraph h) of number 2 of this clause.
11. It is strictly prohibited to leave monetary amounts inside the vehicle, and Berent is not responsible for recovering them. Berent is not responsible to the Customer or any passenger for the loss, robbery, theft, or damage to personal items left inside the vehicle, either during the rental period or afterwards.
12. The Customer is responsible for fines, tickets and other penalties that may be applied as a result of infractions committed with the vehicle, as well as for damage caused to the vehicle until it is returned to Berent, except those inherent to normal and prudent use. The Customer will reimburse Berent for any amounts that it is called upon to pay to any third parties, administrative entities, police, or others, related to the illicit, illegal or irregular use of the vehicle by the Customer, as well as indemnifying it against any damages or costs caused by the Customer's failure to comply, namely administrative expenses, which are estimated at, at least, 19€ or, when an accident is involved, at least 80€.

5 - VEHICLE MAINTENANCE

1. Mechanical maintenance arising from normal use is a responsibility of Berent.
2. The Customer must check the oil and coolant level regularly.
3. If there is any verified defect or anomaly in the vehicle's operation, maintenance or fault alert on the vehicle's instrument panel, the Customer is obliged to immobilize the vehicle as soon as possible and immediately contact Berent's assistance services, mentioned in the rental contract.
4. In case the vehicle has to undergo a Mandatory Periodic Inspection (MPI) during the rental period, under the terms defined by Decree-Law no. 144/2012, of 11 July, the Customer is obliged to exchange it at least 15 days in advance of the MPI date; or, if so desired and as long as it is communicated in writing to Berent, with the aforementioned advance notice, the Customer undertakes to submit the vehicle to the MPI.
5. In the situations set out in the previous number, in case the Customer does not exchange the vehicle or submit it for MPI, they are obliged to compensate Berent for any fines that it incurs as a result of such violation, as well as paying the daily amount of 100€ until the day on which the vehicle is exchanged and, in the situation foreseen in the final part of the previous number, the amount of 100€ for each day of delay in submitting to the MPI.
6. If the Customer uses the vehicle for any activity or purpose that involves changing the frequency of the MPI, the Customer is obliged to submit the vehicle to the MPI, as well as to pay any fines that may be applicable for non-compliance with the obligation of the MPI.
7. Flat tires are the Customer's responsibility, as well as the correct use of the tires, but it is Berent's responsibility, upon the Customer's written request, to replace them in the event of wear. It is considered wear when the tire wear warning devices indicate this or when the condition of the tires does not meet the legal requirements for use. The costs of washing and repairing flat tires, while the vehicle is being used by the Customer, are the Customer's responsibility.
8. Any and all maintenance and/or repairs of the rented vehicle that the Customer intends to carry out must be previously authorized, in writing, by Berent, and for this purpose the Customer must provide the respective costing, which must indicate the number of kilometers of the vehicle.
9. The acceptance of maintenance and/or repair and the reimbursement of the respective cost is subject to the obligation to present the invoice and/or receipt proving the value and payment, issued with the following data:

Corporate name: Benecar – Automóveis, S.A.;

TAX Number: 502587652

Headquarters: Edifício Benecar, Moita do Gavião, 2475-034 Benedita

10. Once carried out, maintenance and/or repairs must be included in the detailed invoice, indicating the provided services and, if applicable, the replaced parts.
11. Berent is not responsible, unless arising from a cause attributable to it, towards the Customer or third parties for a delay in the delivery of the vehicle, for the need to immobilize it during the rental or for repairs.
12. In case of introducing different fuel from that used by the vehicle, the Customer is responsible for the costs involved in fully replacing the fuel, dismantling and washing the tank, checking injectors, changing filters, adjusting the engine, and other damages caused to the vehicle, and the provisional “Fuel Change” amount may be charged in accordance with the “Extras Table”, without prejudice to a higher amount being charged in accordance with the budget that will be made. As it is considered to be damage caused by negligence, it is not covered by the protections contracted in the rental contract.

6 – PAYMENTS

1. All payments must be made before collecting the vehicle, by ATM reference (multibanco), cash or bank transfer.
2. When collecting the vehicle, the Customer undertakes to provide via credit card or, if Berent so chooses, debit card:
   • a. Security deposit equal to the value of the contracted deductible amount, whose value is indicated in the “Pick Up Rental Contract”, to guarantee protection and payments inherent to possible damages caused or suffered in the rented vehicle; After verifying that there is no damage of any kind, at the time of return, the deposit amount will be refunded using the same method (credit or debit card);
   • b. Security deposit/collateral in the minimum amount of 200€ as a guarantee of compliance with any and all obligations with Berent; If there is no incident related to the rental and/or the used vehicle, the security deposit/collateral amount will be refunded within 30 days after the end of the contract.
3. The Customer expressly authorizes Berent to debit any and all amounts due under the terms of this contract, up to 30 days after the end of the contract, undertaking for this purpose to ensure that the credit/debit card allows international transactions until the aforementioned date. For this purpose, it is mandatory that the credit/debit card is valid for a minimum period of 30 days from the “Drop Off” return date.
4. The Customer undertakes to pay Berent, among other amounts provided for in this contract:
   • a. The stipulated price in the “Pick Up Rental Contract” or, if different, the stipulated price in the “Drop Off Rental Contract”, namely, the period of the rental of the vehicle, the equipment, as well as any additional contracted services, up until the moment the vehicle is returned;
   • b. The price communicated by Berent for the rental extension, if applicable. The rental price and the price of the authorized extension are determined by the rates in force at each time and are paid at the time of signing the contract, or authorizing the extension, if other conditions are not agreed in writing in the contract itself. If payment is not made at the time of the extension, it will be void;
   • c. The security deposits/collaterals indicated in the “Pick Up Rental Contract”;
   • d. The expenses referred to in number 2 of the following clause that are not covered by any Protection coverage contracted by the Customer to Berent, upon communication and proof thereof;
   • e. The amounts due for contracting Protection coverage, in accordance with clause 7;
   • f. Payment of the applicable deductible amount to benefit from Protection coverage;
   • g. The value corresponding to excess travelled kilometres, calculated in accordance with numbers 6 and 7 of clause 4;
   • h. The “young driver” amount indicated in the “Extras Table” if the driver is aged between 19–24;
   • i. The “senior driver” amount indicated in the “Extras Table” in the case of a driver aged 70 years old or over;
   • j. The “additional driver” amount indicated in the “Extras Table” for each additional driver authorized to drive the rented vehicle;
   • k. All extrajudicial expenses, toll fees, fines and other pecuniary sanctions, as well as any other amounts, borne by Berent and which, under legal or contractual terms, are the responsibility of the Customer.
5. In case the vehicle is delivered or returned outside the station's opening hours, the Customer is obliged to pay for the “After Hours (Return/Delivery)” service in the amount indicated in the “Extras Table”.
6. Any missing equipment, accessories and documents that are attributable to the Customer, namely: vehicle keys, parcel shelf, electrical cables, among others, will be charged according to the prices sold to the public by the manufacturer, plus an amount of 50€.
7. The Customer and any other persons authorized to drive the vehicle under the terms of this contract are jointly and severally liable for debts and obligations arising from this contract.
8. Any inaccuracy or error in the invoices must be communicated, in writing, to Berent within 5 (five) days from the date of sending them. Invoices are considered definitive in the absence of communication from the Customer.
9. Invoices and debit notes are due and must be paid under the terms set out in this Contract and, in the absence of stipulation, Prompt Payment or under the terms of the subsequent written agreement signed by both parties.
10. Failure to pay the aforementioned invoices and debit notes on time will incur the Customer, without the need for any interpellation, in paying late payment interest at the legal rate in force, from the due date until effective and full payment.

7 - DAMAGE AND PROTECTIONS

1. In accordance with the provisions of article 799 of the Civil Code, the Customer is presumed responsible for damages and faults that did not exist at the time of delivery, as well as for all losses, theft or robbery up to the moment of return.
2. As a result of the provisions of the previous number, unless it is demonstrated that it was not the result of their fault, the Customer is responsible for paying all expenses, namely, repair or replacement expenses for the vehicle, period of downtime or necessary period to replace the vehicle, and its recovery, respective equipment and documents, without prejudice to the provisions of this clause.
3. The daily rental price provided for in the respective “Pick Up Rental Contract” applies to the payment due for the period of stoppage and for the necessary period to replace the vehicle.
4. In the event of an accident, the Customer is obliged to always contact Berent at the exact moment, using the contact number +351 262 077 098 stated in the “Pick Up Rental Contract”, except in duly justified cases of force majeure, and to comply with the following obligations:
   • a. To immediately call the police authorities, except in cases of force majeure;
   • b. A copy of the incident or participation report drawn up by the police authorities must be delivered to Berent within 48 hours;
   • c. Fill in the Accident Statement, with all the elements required therein, and deliver it to Berent within 48 hours after the accident (if the Customer has doubts about filling it out, they may consult the example of how to do so in the Berent website or contact Berent);
   • d. Do not abandon the vehicle without taking appropriate measures to protect and safeguard it; and,
   • e. Do not assume any liability for Berent.
5. If the Customer identifies any damage that is not pre-existing, they are obliged to always contact Berent at the exact moment, through the contact contained in the “Pick Up Rental Contract”, except in duly justified cases of force majeure.
6. If the Customer does not comply with the provisions of numbers 4 and/or 5 of this clause, the contracted Protections will be automatically excluded, with the Customer being obliged to pay in full the amounts referred to in number 2 of this clause; compliance with the provisions of the aforementioned numbers does not eliminate any liability of the Customer.
7. In cases of vandalism, theft or robbery of the vehicle, you must present to Berent a document proving the presentation of criminal involvement and return the vehicle keys.
8. In case the Customer does not deliver to Berent the report of participation and the Accident Statement, they are obliged to pay the amount provided for “Missing Accident Document” in the “Extras Table”; in the absence of delivery of any of these documents, the Customer is prevented from dispelling the presumption provided for in number 1 of this clause, being responsible for paying the amounts provided for in number 2 of this clause.
9. In the event of breakdown, theft, damage, or any other fact that prevents the use of the vehicle, the triggering event of which is presumed to be the responsibility of the Customer or if the Customer fails to comply with any of the obligations set out in this clause, Berent may refuse the provision of a replacement vehicle to the Customer.
10. Whenever a replacement vehicle is allocated by Berent during the rental period, as soon as the initially hired vehicle is ready, the customer is obliged to exchange it within a maximum period of 72 hours after being notified by Berent. This exchange must be agreed between both parties. Failure to complete the replacement within the established deadline will result in the customer paying the daily rate for the initially contracted car and the replacement vehicle.
11. In the event of Total Loss of the vehicle, due to an accident or damage caused by the Customer, the Customer is obliged to pay all costs that Berent incurs to replace the vehicle in question, as well as lost profits during the necessary period for replacement.
12. When a total loss occurs, the rental contract automatically expires, in accordance with paragraph e) of article 1051 of the Civil Code, and Berent does not have to provide a replacement vehicle.
13. The Customer, when concluding this contract, can purchase the following Protections, detailed in the Protection Price table attached or at Berent branches:
    • a. “Basic” Protection: This protection covers damage caused in the event of a collision, as well as damage caused by theft of the vehicle, with the exception of damage to windshields, tires, headlights, lights, windows and mirrors, upon payment of the amount indicated in the “Pick Up Rental Contract”;
    • b. Deductible Amount Reduction: Consists solely and exclusively of reducing, to the amount indicated in this contract, the deductible amount applicable to “Basic” Protection, upon payment of the amount indicated in the “Pick Up Rental Contract”;
    • c. “0” Deductible Amount Reduction: Consists solely and exclusively of the reduction, to the amount indicated in the “Pick Up Rental Contract”, which may be totally or partially reduced depending on the group of the rented vehicle (see ““0” Deductible Amount Reduction Protection Price Table”), of the deductible amount applicable to “Basic” Protection, upon payment of the amount indicated in the “Pick Up Rental Contract”;
    • d. Travel Assistance: This service consists of a 24-hour travel assistance service, which acts in the event of vehicle breakdown and/or an accident, upon payment of the amount indicated in the “Pick Up Rental Contract”. Assistance includes towing or removing the vehicle and transporting the Customer and vehicle occupants to one of the Berent branches or a location designated by it; this service is only available in national territory unless the Customer has paid the amount of the “Cross-Border Fee” set out in the “Extras Table”; if the Customer chooses not to contract this service and if they require a towing service, they will be charged the amount for the “Towing Service” set out in the “Extras Table”;
    • e. Occupant Protection: This service covers personal accidents with maximum amounts of 1500€ (one thousand and five hundred euros) in the case of illness or hospitalization and 15000€ (fifteen thousand euros) in case of death or disability, upon payment of the amount indicated in the “Pick Up Rental Contract”;
    • f. Silver Package: includes travel assistance protection, occupant protection and deductible amount reduction, upon payment of the amount indicated in the “Pick Up Rental Contract”;
    • g. Gold Package: includes travel assistance protection, occupant protection and deductible amount reduction to “0”, upon payment of the amount indicated in the “Pick Up Rental Contract” .
14. If the Customer concludes the contract through an intermediary, the Gold package also includes: Coverage for damage to windshields, coverage for damage to tires and coverage for damage to headlights, lights, windows or mirrors.
15. The following are excluded from the scope of contracted coverage:
    • a. Isolated breakage of windows, tires, headlights and taillights, except in the case provided for in number 12;
    • b. Damage to the vehicle interior, mechanical components and rims;
    • c. Damage caused by intent, negligence or non-compliance by the Customer and/or additional driver with all rental conditions and the rules of the Traffic Regulations and other applicable legislation, namely, excessive speed;
    • d. Damage caused to the upper and lower parts, as long as there is no collision;
    • e. Breakdown or stoppage due to lack of fuel;
    • f. Engine damage due to error in refuelling (fuel change);
    • g. Car rescue if driving on unsuitable roads such as beaches, woods, paths, forests, mountains, etc.;
    • h. Excess load that damages the vehicle;
    • i. Accident with a blood alcohol level higher than legally permitted or under the influence of narcotic substances;
    • j. Other situations due to their negligence or the negligence of their occupants.
16. Protection coverages are only valid for the period agreed in the rental contract, or its extension.
17. Protection coverages do not apply if the vehicle is used by drivers not authorized by this contract.
18. The obligations set out in numbers 4 and 5 of this clause are always applicable regardless of the protections contracted.
19. As many deductible amounts must be paid as there are facts that give rise to the activation of any contracted protection; each deductible amount is individual and non-transferable for each vehicle and cannot be extended to other vehicles and/or contracts.

8 - LOSS OF WARRANTY

1. If the Customer does not return the vehicle within the period initially stipulated in the contract, its extension, or on the date set by Berent in accordance with the provisions of number 7 of clause 3 and, as a result of the non-return, or if for any other reason attributable to the Customer the rented vehicle loses the warranty granted by the manufacturer, the Customer is obliged to bear the amount due for any maintenance, repairs, component replacements and any other amounts borne by Berent and which would be covered by the warranty.
2. In the event of loss of the manufacturer's warranty under the terms of the previous number, the Customer is obliged to compensate Berent in the amount corresponding to 20% of the commercial value of the vehicle.
3. For the purposes of the previous number, the commercial value of the vehicle will be determined by reference to the date on which the vehicle should have been returned, in accordance with the period initially stipulated in the contract, in its extension, or on the date set by Berent under the terms of the provisions of number 7 of clause 3.

9 - TOLL MANAGEMENT SERVICE

1. The rented vehicles are equipped with an automatic toll payment device, and by signing this Contract the Customer automatically subscribes to the service of providing the toll payment method (automatic payment system), under the terms set out in number 3, of the article 27 of Decree-Law no. 84-C/2022, of December 9th . This service allows, through the use of an identifier, owned by Berent, to determine the value of the toll fee with a view to its collection within the scope of electronic payment services available on road infrastructures duly equipped for this purpose, with the Customer being the sole responsible for paying in full the amount of tickets/passages made during the contract period. For payment purposes, the Customer must provide a valid credit card, with a deadline/end date of no less than 30 days after the return date, ensuring sufficient balance in the corresponding bank account to cover the payments due, accepting that debts may occur after the end of the contract, as long as the use of road infrastructures took place during its validity.
2. By using the toll payment method provision service, provided for in the previous number, the Customer is subject to payment of the administrative costs set out in current legislation, whose minimum and maximum amounts are indicated in “Via Verde (Equipment)” provided in the “Extra Table” .
3. At the time of collecting the vehicle, the Customer may declare that they will use the Via Verde device, being charged at that time the administrative costs referred to in the previous number and, at the time of returning the vehicle, or subsequently, the costs of passages made by the Customer.
4. In case the Customer declares that they will not use the toll payment method provision service and if Berent verifies that during the rental the Customer used infrastructures reserved for payment by electronic means, they will be charged the amount indicated in the “Improper Rental of Via Verde Equipment” of the “Extras Table”, as administrative costs with the periodic control of passages made by the Customer on the aforementioned road infrastructures, to which is added the amounts set out in numbers 1 and 2 of this clause.
5. The Customer is obliged to ensure the conservation and correct functioning of the Via Verde identifier, and under no circumstances may the aforementioned equipment be removed from the location where it is installed, and they must report any anomaly to Berent or go to a point of Assistance from Via Verde to solve the issue.
6. Damage, destruction or loss of the device will result in payment of the costs incurred by Berent in replacing the device, plus 50€.
7. In case Berent does not obtain payment of the amounts due for the use of road infrastructures reserved for payment by electronic means, it reserves the right to communicate the non-payment by the Customer and to identify them for the purposes of coercive collection by the tax authority, in which case the Customer will be charged an amount of 35€ as administrative expenses.

10 – ADMINISTRATIVE EXPENSES

1. In case Berent is notified of any misdemeanour or illegal conduct carried out by the Customer, and even if only to identify them, the Customer is obliged to pay, as administrative expenses, an amount of 35€ for providing information to the competent entity.
2. In case Berent triggers an administrative process to analyse and charge damages caused to the vehicle and/or any equipment delivered to the Customer, they will pay the amount of 35€, provided that they or another authorized driver is responsible for that.
3. In case Berent triggers an accident process for the vehicle in question, the Customer will pay the amount of 80€ for the respective process handling.
4. The Customer undertakes to pay Berent the amount of:
   • a. 10€ for changing the bank domicile of the direct debit authorization;
   • b. 50€ for the return of checks without provision;
   • c. 35€ for the return of charges made by bank debit.

11 - COUNTRIES EXCLUDED FROM RENTAL

It is prohibited, under any circumstances, to move the rented vehicle to any country not authorized in writing by Berent and, in any case, to countries not indicated in the Green Card.

12 – BREACH OF CONTRACT

1. If any breach of this contract occurs, Berent may resolve it, by means of communication addressed to the Customer, by any means of durable support, namely, by email.
2. As a result of the termination of this contract, the Customer loses any rights granted under this contract, being obliged to return the vehicle to Berent within the shortest period of time; Berent may initiate, immediately after communication of the resolution, any and all actions aimed at recovering the vehicle, with the Customer being responsible for the incurred expenses.
3. In case the Customer does not return the vehicle in accordance with the previous number, a criminal complaint will be filed, incurring the Customer in criminal liability under the general terms of Law.
4. In case of breach of this contract or failure to return the vehicle within the period set out in number 2, the vehicle's geolocation data (GPS) will be used, with Berent authorized to collect the vehicle and transport the vehicle, as well as using such data for the purposes of criminal proceedings.
5. In the event of travels to settle overdue credits, the Customer undertakes to pay Berent 10% of the recovered debt.
6. In case Berent proceeds with the recovery, by its own means, of the rented vehicle, the Customer is obliged to pay the amount of 500€, adding the costs indicated in subparagraphs a) and b) of number 12 of Clause 3 and, in In the event of damage, the amount indicated in the “Damage Table”, without prejudice to a higher amount being charged in accordance with the budget that will be made. The Customer remains obliged to comply with all conditions mentioned in the “Pick Up Rental Contract”.
7. In the event of resolution, Berent will keep any amounts that have been delivered to it, without prejudice to other amounts to which Berent is entitled due to the breach of this Contract by the Customer.

13 – PERSONAL DATA

1. The Customer and authorized drivers voluntarily provide their personal data and give their express consent to Berent to process them under the following terms:
   • a. Provide the previously indicated services, as well as allow Berent to carry out surveys related to said services;
   • b. Providing commercial and/or promotional information, as well as sending advertising material, participating in direct sales activities or interactive commercial communications related to Berent's products, services or other activities, as well as carrying out market research;
   • c. Study and analyse their behaviour profile, consumption habits and preferences in the automotive industry in order to improve the services offered by Berent Rent-a-Car.
2. Berent informs the following:
   • a. The entity responsible for processing personal data provided under the contract is Berent, which can be contacted through the postal address: Rua Vasco da Gama, Nº7A Portela, 2685-244 Lisboa;
   • b. The purpose of processing personal data is to conclude and execute this contract;
   • c. Personal data may be transmitted to third parties for the purpose of ensuring compliance with any legal obligations to which Berent is subject, namely judicial authorities, criminal police organs, tax and customs authorities and regulatory entities;
   • d. Berent will retain personal data for the necessary period to provide services, billing and comply with legal obligations.
3. The Customer's personal data may be processed by Berent and/or other entities, acting on Berent's behalf as data controllers, in accordance with specific contractual obligations. These other entities may be located in Member States of the European Union or in countries outside the European Union within the limits established by law and specific regulations within the scope of the General Data Protection Regulation (GDPR).
4. It is the customer's responsibility to correctly provide the requested data, ensuring that they are real and truthful.
5. At any time, the holder of personal data has the right to access them, as well as, within the limits of the contract and the GDPR, to change them, oppose or limit their processing, decide on the automated processing of data, withdraw consent, request deletion of data and exercise other rights provided for in current legislation (with the exception of data that are essential to the execution of the contract, and as such are of mandatory provision, or essential to the fulfilment of legal obligations to that Berent is subject).
6. If the data subject withdraws their consent, this does not compromise the lawfulness of the processing carried out up to that date.
7. The data subject has the right to be notified, in accordance with the terms set out in the GDPR, in the event of a breach of their personal data that could pose a high risk to rights and freedoms and may lodge complaints with the competent authority(ies).
8. To clarify any questions about the Privacy Policy, the Customer may access the online page where the terms and conditions are available: https://berent.pt/terms.
9. Following up on any doubt or question sent by the Customer via the postal address, a response is guaranteed within a maximum period of 30 days.
10. Changes to Privacy Policies: Berent's Privacy Policies are regularly reviewed and all changes are published on the website at the following access link: https://berent.pt/terms.

14 - COMPETENT JURISDICTION AND ALTERNATIVE DISPUTE RESOLUTION

1. In compliance with the provisions of Law No. 144/2015, of 8th September, the consumer is hereby informed of the existence of alternative dispute resolution (ADR) mechanisms, knowing, by resorting to the arbitration centre of automobile sector (Centro de Arbitragem do Setor Automóvel – CASA) with website at www.arbitragemauto.pt and head office at Av.ª da República, 44, 3º Esq., 1050-194 Lisboa.
2. The parties agree to establish the jurisdiction of the District of Leiria to resolve any conflicts arising from this contract, with express exclusion of any other.

15 – AGREED DOMICILE

1. The parties agree on the addresses and e-mail indicated in the Contract for any contact, namely, for the purposes of quotations or notifications, being obliged to communicate any change thereto to the other party, within 15 days from the date of the change.