Campinanda Rental Terms for travel between 10-May-2010 and 31-Dec-2011
CONTRACT OF RENTING FOR VEHICLES WITHOUT DRIVER
First Contrahent
Campinanda-Comércio e Reparações de Caravanas, Lda., society by quotas, located in Tv. Monte Godim, s/nº, 4451-801, Leça da Palmeira, society number 502069929, enroled in the Comercial Register of Porto with the number 170, with a capital of € 30.0000 Euros, hereby represented by Amélia Manuela Amil Lopes Moutinho e Silva, as attorney;
Second Contrahent, the driver mentioned above.
Between the first and second contrahent, is celebrated a contract of rent for a vehicle without driver, ruled by the following clauses and divided in specific terms and general terms.
Specific Terms:
I – Vehicle
The autocaravan is delivered to the client fully equipped and with papers, with the following tool kit: screw-jack, screw-jack wrench, wheel wrench, water hose, electric extension, gas bottle, toilet washing liquid, fire estinguisher, signaling triangle, tools, spare tyre or flat tyre emergency, four complete tyres, circulation license, insurance policy and rental permit, by the mentioned total amount;
The bottle of gas and the chemical liquid are included in the cost of the renting. Any excedent will be paid by the client.
II – Terms of renting
1. The deadline for the payment of the renting is 5 (five) days prior to delivery of the equipment. (ATM, Visa, Mastercard are accepted, On a credit card payment we need a 2,5% surcharge over the price.)
2. The renting has a 400 Kms/day limit; each extra Km will cost 0,40 € Euros (VAT included).
III – Other terms
1. The cost of the renting must be paid in advance, until 3 (three) days before the delivery of the autocaravan.
2. To the costs mentioned above, is added the VAT (Value Added Tax).
3. All the fines, penalties, taxes and expenses due to the use of the vehicle, will be charged to the client.
4. The vehicle can travel abroad, and the second contrahent is responsible for all the necessary papers and inspections that are legally necessary.
IV – Insurance
1. The second contrahent has to deliver a deposit in the amount of 1.150,00€ Euros, in visa check or money, as a guarantee deposit, and that amount will be returned 72 hours after the return of the vehicle, for its complete check-up.
2. The damages ocurred during the period of the renting will be fully charged to the second contrahent.
3. The damages of cost inferior to the guarantee deposit will be paid by the second contrahent; if the damages amount to the amount of the guarantee deposit, the second contrahent will pay the total amount of the guarantee deposit.
V - Maintenance
The maintenance of the vehicle during the period of the renting is an obligation of the second contrahent.
General Terms
Article 1st Object
1 – The first contrahent will deliver the vehicle to the second contrahent, which rents the vehicle, as described in the specific terms.
2 – The vehicle described in the specific terms, which is object of the present contract of renting, will be delivered and returned in the facilities of the first contrahent during the regular working hours (between 09.00 a.m. to 12.30 p.m. and 14.30 p.m. to 18.30 p.m., from Monday to Friday).
3 – The driver of the vehicle described in the specific terms during the period of the renting, must be 21 years-old and have a drivers’ license for more than 2 (two) years.
4 – If the driver is a non-EU resident, the driver must have a valid international drivers’s license.
Article 2nd Renting
1 – The amount, the period of time of the renting and the dates of the renting, the amount to be paid by the second contrahent to the second contrahent, as a means of payment for the use of the vehicle, are specified in the specific terms of the contract.
2 – If the vehicle is returned before the end of the period of time specified in the contract, the full amount of the contract must be paid by the second contrahent.
Article 3rd Obligations of the First Contrahent
The first contrahent has the following obligations:
a) To return to the second contrahent the vehicle object of the present contract, with all the documents and equipments as specified in the specific terms, as well as clean, and in perfect running and mechanical conditions;
b) To ensure that the vehicle is used only for the puroposes aimed by the present contract.
c) To return the vehicle to the second contrahent with a full gas tank.
Article 4 Permission to go abroad
The first contrahent must issue the necessary written permissions for the vehicle to travel abroad, within 5 (five) week days from the request, regardless of previously demanding the deposit of the amount to ensure all the involved costs.
Article 5th Compensation of damages
When the situations described in Article 9th occur, the first contrahent must pass to the second contrahent all the acquired rights on the assurance company.
Article 6th Impossibility of use
Whenever the situations described in Article 9th, namely the repair or maintenance works prove to be necessary or fruit of random acts, the second contrahent cannot demand neither the payment of any compensation of damages, nor the reduction of the renting price.
Article 7th Obligations of the Second Contrahent
The second contrahent has the following obligations:
a) To use the vehicle in a cautious and legal way, following all the appliable laws and regulations;
b) To pay the price of the renting;
c) Not to sub-rent the vehicle or to transport persons for business purposes and any other use not included in the present contract;
d) To respect, at all times, the law and regulations of the Drivers’ Code of all the locations;
e) Not to allow the vehicle to be driven by other persons other than the driver mentioned in the specific terms;
f) Not to transport more passengers than the specified in the vehicle’s documents;
g) Not to transport any type of drugs or poisonous, toxic and flammable products;
h) Not to drive the vehicle under the influence of alcohol or drugs, and sickness or fatigue;
i) Not to drive the vehicle off the regular roads or any unsuitable grounds, nor to use the vehicle in any sports competitions, which might damage it;
j) Not to use the vehicle for pushing or towing other vehicles or caravans;
k) Not to violate or handle the kilometer counter, and to immediately report to the first contrahent any malfunction of this device;
l) Not to circulate out of the EU or Schengen territory, without the written permission of the first contrahent;
m) To keep the vehicle correctly parked and to protect it from exposure to frost, hard rain or any other extreme weather conditions, which might cause damages;
n) Not to change any technical feature of the vehicle, its keys, locks, equipment, tools and/or accessories, as well as any other change to the outside and inside look, except with the written permission of the first contrahent;
o) To allow the first contrahent to inspect the vehicle at any times, without affecting its normal use, and to submit the vehicle to the legal and regular inspections as required by law, by submitting the vehicle fully equipped and in perfect conditions, on the required place, under penalty of, by failing to do so, having to pay all the costs and fines;
p) To respect, in case of accident, the rules and procedures of the present contract;
q) To notify the first contrahent, in 48 hours from its detection, of any deffect or malfunction in the vehicle;
r) To notify the first contrahent, in 48 hours, in the event of judicial arrest, theft, requisition, impound or any other offense to the property or possession of the vehicle, proceeding to ensure the cancellation of the arrest, by pressing charges or taking any necessary legal actions;
s) To support the payment of all the taxes (in the present or future) regarding the use of the vehicle and the present contract;
t) To support the payment of all fines and similar expenses, regarding the use and parking of the vehicle and other situations ocurring during the time of the renting, and to be held responsible before the authorities for the circulation out of the time established by the present contract;
u) To return the vehicle in the end of the period of renting, with all the equipment and documents refered in the specific terms and any other added, in the terms of the Article 11th in the conditions of its regular use;
v) To return the vehicle with the same amount of fuel as delivered (empty tank), only with enough fuel to go to the nearest gas station;
w) To return the vehicle clean, with the bath and washing reservoirs empty, or the first contrahent will charge the amount of 100 € Euros;
x) Not to smoke inside of the autocaravan.
y) Not to leave the vehicle without taking the necessary precautions to protect it;
z) To contact if necessary the technical assistance services hired by the ensurance company.
Article 8th Risk
The risks of loss or deterioration of the vehicle will be supported by the second contrahent.
Article 9th Procedures in case of disaster, accident, malfunction and/or other events
9.1. In case of disaster - accident, theft, fire or any damages caused to the vehicle - the second contrahent must notify immediately the police and the first contrahent, no later than the following working day of the event.
9.2. In case of disaster, the facts will not be recognised or liable, except in the " Accident Mutual Statement". The second contrahent must have all the informations on the other party and the witnesses, to be sent with the details of the accident to the first contrahent, in the time described in the previous number.
9.3 In case of disaster, the second contrahent must notify immediately the proper authorities about the accident, if there is any guilt on third parties.
9.4 In case of accident, the second contrahent must give the first contrahent, a signed document with the full name and address, drivers’ license, insurance policy number and the vehicle’s plates, of all the involved drivers, as well as the names and addresses of the witnesses.
9.5. In case of theft of the vehicle, the second contrahent must report immediately the situation to the proper authorities, and send a copy of the report to the first contrahent, and the vehicle’s keys, in 24 hours; if this is not done, the insurance coverage of the vehicle will become null.
9.6. If the second contrahent doesn’t get the information and documentation described above, therefore preventing the first contrahent of receiving the insurance policy’s damages, the second contrahent must support the amount of all the damages caused to the vehicle, including the profits not earned during the time that the vehicle is stopped.
9.7. In case of repair or maintenance work of the vehicle due to a major cause, the second adherent must immediately proceed to the necessary repairs, by calling the insurance policy coverage, when it proves to be necessary.
Article 10th Improvements
All the pieces, equipment and accessories eventually incorporated in the vehicle will become a part of the vehicle.
Article 11th Transmission of the Contract Position of the Second Contrahent
1 - The transmission of the contract position by the second contrahente depends on the previous written permission of the first contrahent.
2 – For the purposes of the previous number, the second contrahent must notify the first contrahent of the intention of transmission of the contract position and the conditions of that transmission.
3 - The first contrahent must notify the second contrahent, in writing, on his decision, in the period of 30 (thirty days) from the reception of the communication mentioned in the previous number.
Article 12th Interest payments
1 - If the second contrahent is in delay with the payment of the obligations of the present contract, the second contrahent must pay the first contrahent an estimated amount, as interest payment, due to the period of the delay, and as long as that delay exists, as well as the maximum percentage as established in article 1146th of the Portuguese Civil Code, or by any other legal disposition.
2 - When the present contrat cesses to be in effect, by the end of its duration, or by its cancellation, and the second contrahent has not returned the vehicle, the first contrahent is entitled, as payment of penalty, and without receiving any other legal compensations as established by the law and the present contract, to the double of the amount as if the present contract dobro would continue in effect, for the same period of time as the period of time of the delay.
Article 13th Cancellation of the Contract
The initial deposit paid is non-refundable. In addition to forfeiting your deposit, the following charges also apply:
1 - The present contract can be cancelled by any of the parties, in case of the obligations of the general and specific terms are not respected.
2 - The cancellation will be in effect 24 hours after the communication by the other contrahent.
3 – The second contrahent can exercise the right to cancellation upon condition of the previous return of the vehicle.
4 - If the cancellation is due to a fact caused by the second contrahent, the second contrahent is obligated to:
a) Return the vehicle;
b) Pay the amount of 50% of the period of the renting, as payment of interest for damages and loss caused to the first contrahent, if the communication occurs until 11 (eleven) days before the beginning, or the amount of 25%, if the communication occurs prior to 18 (eighteen) days, and in any case, the communication must be signed and send by registered mail by the second contrahent.
Article 14th Guarantees
As guarantee of the obligations of the present contract, the second contrahent will provide to the first contrahent primeira the necessary financial or personal guarantees, as established in the specific terms.
Artigo 15º Litigation and Court of Law
For the litigation of the present contract, the Court of Law of the location of the first contrahent has the necessary jurisdiction.
Artigo 16º Duration
1 - The present contract is in effect from the date of delivery of the vehicle to the second contrahent, which must be referred to in the delivery certificate.
2 – The duration of the contract is set in the specific terms.
The second contrahent is aware of the the specific and general terms of the present contract, and is in full agree.
Terms of booking on this websiteInformation disclaimer
The rates on this website are often heavily discounted. This is due to our negotiated rates and bulk buying power. On very rare occasions, a rate may be displayed incorrectly due to our, or a vehicle supplier's error. In such a case, if you book with us at a quoted rate that is incorrect, we will notify you of any price change and give you the option to proceed or cancel. We make every effort to keep information on our site up to date, but we cannot guarantee this website is free of errors or omissions and retain the right to update or change the information published at any time.
Liability
To the extent permitted by law we/the owners of this website will not be liable to you or to any third party (whether in contract, tort, or otherwise) for any direct, indirect or consequential loss or damage (including but not limited to any accident, injury, delay or loss of enjoyment) arising out of your reliance upon information contained on this website, including but not limited to your use (or inability to use) any products or services described or procured through this website.
When you pick up your vehicle, you will be required to sign a rental agreement with the supplier of the vehicle. Your rental and use of the vehicle will be governed by the terms of the rental agreement and any other documentation or information provided to you by the supplier at the time you pick up your vehicle. The rental agreement is between you and the supplier and we will not be liable to you or to any third party in relation to the terms of the supplier’s rental agreement or any other documentation provided to you by the supplier at the time of pick up.
While we will make reasonable efforts to ensure we are representing only reputable suppliers, we make no warranty about the fitness or suitability of any third party (supplier) product or service and will not accept responsibility for the quality or fitness of any vehicle. We welcome feedback from our customers on their experience with our suppliers. We may, at our discretion, provide you with reasonable assistance in resolving any dispute you may have with a supplier.
Our total liability to you in relation to your use of this website and the information contained on this website will not exceed the dollar amount of the deposit we have received from you in relation to your booking/rental. Refunds will not be made for bookings cancelled due to inclement weather. Again, we strongly recommend that you take out travel insurance. Your use of this website is governed by the laws of New Zealand and the jurisdiction of the New Zealand courts.
Booking information
To make a booking you must complete our booking form which is easy to follow and secured with the latest encryption technology. Once we receive your form, we will, subject to availability, confirm your booking by emailing you a confirmation voucher and invoice. The deposit required to secure your vehicle (as shown on the secure booking page) will only be processed on your credit card when your booking is confirmed. Please note that a 1.75% credit card charge will be added when your payment is processed.
A booking is confirmed when you have been emailed a confirmation voucher and at this stage the deposit is processed on your card and becomes non-refundable and any cancellation fees stated in the supplier's terms apply. Upon receipt of your confirmation, please check your details carefully and notify us immediately if there are any incorrect details, as it may not be possible to make changes at a later date.
If you are booking via phone, please make sure you have read the terms and conditions of the vehicle you wish to rent first. Our reservations consultant will ask you if you have read the terms and agree to them before proceeding. The onus is always on the renter to ensure they make themselves fully aware of the terms displayed on our website.
Information disclosure
In booking on this website you acknowledge that we disclose your information to your selected Supplier in order to provide the requested rental services.
Amendments
Please note that some suppliers treat an amendment as a new booking and apply the rate current at the time the amendment is made to recalculate the entire booking amount (not just the days changed). If the rental period is increased, an additional deposit may be required. If the rental period is shortened which results in a reduction of the rental charges, the deposit amount will remain unchanged, and the difference between the original and revised deposit is forfeited (it cannot be used towards remaining rental charges). To request a change to a confirmed booking, please use the alterations request link on your confirmation. Any alterations are subject to availability and the approval of the supplier. In addition to the alteration policy of the supplier stated in their terms, the following charges will apply:
Car rental alterations (all charges stated in local currency):
To change dates or times that result in a recalculation of rental rates, or to change vehicles or locations: 25.00
To add or remove extras to/from a confirmed booking: 10.00
Motorhome rental alterations (all charges stated in local currency):
To change dates or times that result in a recalculation of rental rates, or to change vehicles or locations: 75.00
To add or remove extras to/from confirmed booking: 20.00
The alteration fee will not be charged if your alteration request is not possible.
Vehicle Capacity and fitness to drive
Under no circumstances are you permitted to carry more passengers than the vehicle you rent is legally registered to carry, and if you do your insurance may be invalidated. The number of seatbelts (and passengers) is indicated next to each vehicle on this website. Luggage capacity where shown is an indication only and we will not be responsible should you be unable to fit your entire luggage into a vehicle. It is your responsibility to choose a journey that is within your capabilities. A vehicle supplier can refuse to rent a vehicle to any person who is in their opinion unfit to drive or does not meet eligibility requirements. In such circumstances we will have no further liability to you.
Campinanda insurance
Insurance
1. The second contrahent has to deliver a deposit in the amount of 1.150,00€ Euros, in visa check or money, as a guarantee deposit, and that amount will be returned 72 hours after the return of the vehicle, for its complete check-up.
2. The damages ocurred during the period of the renting will be fully charged to the second contrahent.
3. The damages of cost inferior to the guarantee deposit will be paid by the second contrahent; if the damages amount to the amount of the guarantee deposit, the second contrahent will pay the total amount of the guarantee deposit.
Porto Airport depot
Porto Airport is a serviced non depot location.
Normal Pick up and Drop off hours
The vehicle described in the specific terms, which is object of the present contract of renting, will be delivered and returned in the facilities of the first contrahent during the regular working hours (between 09.00 a.m. to 12.30 p.m. and 14.30 p.m. to 18.30 p.m., from Monday to Friday).
Closed: Christmas, New Year’s Day and Easter
After hours pick up and drop off
After hours are possible. The client must inform us at least 48 hours in advance and must pay an extra cost of 65 €.
Airport and Hotel Pick up
We can provide Free transfers in Porto airport or any local hotels. When picking up at the airport, client must inform us about the flight number and the arriving hour and someone will be expecting him at the arrivals sector. The client can call us from 10:00 AM to 10:00 PM.
