Rental Terms and Conditions


WHALE RENT A CAR, LDA rents to the Customer the vehicle described in the Contract under the exact terms and conditions specified therein, which the Customer is aware of, agrees to, and with the affixing of his/her signature, undertakes to observe and respect.

CLAUSE 1.

VEHICLE USE

1. Under penalty of exclusion from insurance coverage and, therefore, considered uninsurable, the Customer agrees not to allow the vehicle to be driven by a person or persons other than the person(s) identified and accepted by the WHALE RENT A CAR, LDA in the Contract.

2. Additional authorized drivers will be jointly and severally responsible for all of the Customer's obligations set out in this Agreement and the laws applicable to it. Additional driver has an additional cost of €5 per rental day.

3. Young drivers (drivers up to and including 23 years of age) will be charged an additional fee of €3 per rental day.

3. Under penalty of incurring the provisions of the first part of paragraph 1, the Customer also undertakes not to use the vehicle or not to allow it to be used:

a) For sporting events, whether official or not;

b) By people under the influence of alcohol or narcotics;

c) For any transport in violation of customs regulations or which is otherwise illegal.

4. IT IS NOT ALLOWED TO MOVE VEHICLES INTER ISLANDS.


 CLAUSE 2. 

CONDITION OF THE VEHICLE AND TIRES 

1. The Customer expressly declares that he received the vehicle in perfect working order, equipped with four tires in good condition and without punctures, unless proven otherwise, and the Customer undertakes to return the vehicle in the conditions in which it was delivered.

2. In case of deterioration of any of the tires or rims, the Customer is obliged to proceed immediately, at his own expense and expense, to replace them with a tire and/or rim with the same characteristics and of the same brand, except in cases covered by insurance.


CLAUSE 3. 

MAINTENANCE AND REPAIR 

1. Normal mechanical maintenance resulting from correct use is the responsibility of WHALE RENT A CAR, LDA.

2. In the event that the Vehicle is immobilized, the CUSTOMER must immediately contact the assistance service indicated in the Contract and can only carry out repairs with the prior written consent of the LESSOR and in accordance with the instructions given:

WHALE RENT-A-CAR: (+351) 911 589 905 

24H ASSISTANCE: (+351) 707 200 116 

3. The LESSOR authorizes the CUSTOMER to carry out minor repairs (namely lamps and drip cleaners) up to a maximum amount of € 50.00, which are only refunded if a detailed invoice is presented, in the name of the LESSOR, with the number taxpayer number 510 778 305 and indicating the parts replaced.

4. WHALE RENT A CAR, LDA is not responsible for loss of time suffered by accident or breakdown that may delay or interrupt the Customer's vacation or trip.


CLAUSE 4. 

INSURANCE AND COVERAGE 

1. The rental rates include Mandatory Civil Liability coverage for damages against third parties arising from the use and circulation of the vehicle.

2. The CUSTOMER can also take out other complementary insurances, such as C.D.W and Super C.D.W.

3. The protection referred to in the previous paragraph can be contracted when picking up the vehicle or in advance at the time of booking.

4. The rental rates always include a deductible for said damages for which the Customer is directly responsible.

6. Protection will be valid whenever the following conditions are met:

a) That the Customer, in the event of a collision, send WHALE RENT A CAR, LDA within forty-eight hours after the accident, the complete data of the other party and possible witnesses, filling out an accident report, in the form of a “Friendly Accident Statement” – DAA – detailing the registration number, name and address of the other party, the circumstances of the collision, a sketch of the accident, the name of the insurer and, whenever possible, the insurance policy number , all signed by the two drivers involved in the accident, or, if you don't have it, the “Report of Claim”, which will be provided by WHALE RENT A CAR,

b) That the insurance company does not reject the claim, as a result of not driving the vehicle in the physical and psychological conditions required by the Highway Code;

c) That the collision, theft, fire or act of vandalism did not occur during the course of unauthorized use or in violation of any of the conditions contemplated in this contract;

d) That the Customer has informed WHALE RENT A CAR, LDA about the collision, theft, fire or act of vandalism produced in the vehicle within a period of forty-eight hours after the same, providing the relevant documentation (accident report , reporting to the authorities, etc.).

7. These coverages are guaranteed and assumed by the insurance company with which WHALE RENT A CAR, LDA has contracted the corresponding insurance policy and are subject to the general and particular clauses of the same and the law in force.

8. By signing the rental contract, the Customer adheres as insured to the aforementioned policy, the conditions of which are available at the rental station.


CLAUSE 5.

FUEL

1. The vehicle is delivered with a full fuel supply and must also be returned with a full fuel supply. If the Customer does not observe this condition, regularize WHALE RENT A CAR, LDA's right to apply the refueling service supplement in the amount of €35.00 plus the amount for fuel depending on the quantity missing in the vehicle and according to the market price.

2. Easyfuel, for short-term rentals that do not exceed 100km traveled, an Easyfuel fee of €10 will be applied, except when proof of fueling is provided by the Customer.

3. In the event of the introduction of fuel of a different type to that used by the vehicle, the Customer is responsible for the costs involved in fully replacing the fuel, dismantling and washing the tank, adjusting the engine and other damages caused to the vehicle, without opposition to the their amounts. Amounts ranging from €350 + VAT will be charged for the service (which may be subject to a quote if this need is blocked), in addition to the aforementioned amount, the full deposit will also be charged.


CLAUSE 6. 

PAYMENTS, RENTAL PRICE, DEPOSIT AND EXTENSION 

1. The customer undertakes to pay WHALE RENT A CAR, LDA all charges for the rental of the vehicle, insurance and taxes determined in the tariff on the date of the reservation, which was previously notified to the customer. The application of the initially agreed rate is subject to the return of the vehicle to be carried out at the place, on the scheduled date and time. Rates may vary depending on the season and season so, prior to hiring a vehicle, the customer will be responsible for checking the rate that applies.

2. The amount associated with the contract fuel policy.

3. The rental price is determined by the table in force, being paid in advance.

4. Prepayment promotional prices cannot be combined with other promotions.

5. Whale Rent-a-car can only confirm the vehicle category. Specific makes and models are subject to availability at the time of rental.

6. In case you have requested a vehicle or special equipment that for some reason is not available, Whale Rent-a-car will contact you via telephone or email to notify you of the situation.

7. In order to avoid protests and in case the Customer wants to keep the vehicle for a longer period than indicated in his contract, he must send, if he has been given the agreement of WHALE RENT A CAR, LDA, the amount of the additional rental 48 hours before the current lease expires, under penalty of being exposed to judicial prosecution for vehicle embezzlement or breach of trust.

8. Table of Deductibles.

CDW

SUPER CDW

A

675,10€

A

58,50€

B e B+

851,10€

B e B+

58,50€

C

962,10€

C

88,50€

C1

998,10

C1

98,50€

AB

1043,20€

AB

200€

9. The rental day is considered for each 24 hour period.

10. The minimum rental is 1 day.

11. Payment for the rental is made at the time of booking.


CLAUSE 7.

RETURN OF THE VEHICLE

1 - The customer is obliged to return the rented vehicle in the same conditions in which it was delivered along with all its documents, tires, tools and accessories, to the place, on the date and time stipulated in the rental contract.

The customer may not modify any technical characteristics of the vehicle, its keys, equipment, tools and/or accessories, nor make any modifications to its exterior and/or interior appearance.

Otherwise, the customer must bear the expenses related to restoring the vehicle to its original condition, as well as the damage and losses caused to WHALE RENT A CAR, LDA due to the reconditioning of the vehicle, due to the time it is immobilized, and also, any other damages caused to WHALE RENT A CAR, LDA.

2. The rental ends on the day and place set out in the contract signed by the Customer.

3. Regarding interior cleaning, the vehicle must be returned in the same condition as when it was delivered. If this is not the case, a cleaning fee of €20 will be applied.

4. If you return the Vehicle before the date mentioned in the Rental Contract, you will not be entitled to any refund.

5. WHALE RENT A CAR, LDA is not responsible for any goods or objects that may be left in the vehicle.

6. Returning the vehicle on a date and time different from those established in the contract allows WHALE RENT A CAR, LDA to charge the rental amount corresponding to the days of delay in return, in addition to a penalty caused by the economic losses caused by the lack of such car is causing, which amounts to €50.00 for each day of delay.

Likewise, the return or abandonment of the vehicle in a location other than that referred to in the Contract allows WHALE RENT A CAR, LDA to cumulatively demand:

Rental amount corresponding to the days necessary to repair the vehicle and make it available for rent;

Compensation corresponding to €100.00 per day, relating to economic losses caused due to the immobilization of the vehicle;

Plus the costs of travel/towing and storage/custody, - when applicable - to the place agreed in the contract for its return).

WHALE RENT A CAR, LDA reserves the right to take appropriate legal actions in the event of any disappearance or non-return of the vehicle and before the competent authorities (judicial and police), with all responsibility for the legal and legal consequences that may arise from this.

The unilateral extension, by the customer, of the duration of the contract is considered as an unauthorized (abuse) use of the vehicle for the purposes of the customer's responsibility for any damage to the vehicle.

7. The return of the vehicle is only considered to have been carried out after physical verification of the vehicle by WHALE RENT A CAR, LDA, which must provide the CUSTOMER with a signed document declaring that the vehicle has been returned and accepted by the LESSOR.

8. DELIVERY AND COLLECTION FEES

Deliveries and collections at Pico airport – €6 per service

Deliveries and collections in Lajes do Pico (Aqua Açores Store) – €15 per service

Deliveries and collections at Madalena do Pico (Aqua Açores Store) – no fee applicable

Last-minute changes to the delivery point will have an additional cost of €5 between Pico airport and Madalena and €15 between Lajes and Madalena or Pico airport.

9. Opening hours 8:00 am to 7:30 pm.

 - Services outside opening hours (between 7:00 am and 8:00 am or 7:30 pm and 9:00 pm) possible, but an additional cost of €20 per service applies.

 - In case of delays or anticipation of flights that change services to Out of Hours Services, an extra cost of €20 per Out of Hours service will also apply.


CLAUSE 8.

RESPONSIBILITIES

1. During the rental, the Customer is responsible for damages caused to the interior and bottom of the vehicle, except in cases covered by insurance.

2. The Customer is solely responsible for fines, misdemeanors and fines issued against him, documents and vehicle keys. Losing documents or vehicle keys during the rental will result in payment of up to €600.00 (six hundred euros + VAT) for replacement (check table at the end of the contract).

3. The minimum age to rent a car with WHALE RENT-A-CAR is 18 years of age, with a minimum experience of 1 year.

3. WHALE RENT A CAR, LDA is not responsible for any type of stolen, stolen, forgotten or lost objects or goods inside the vehicle.


CLAUSE 9.

CANCELLATION POLICY AND RESERVATION CHANGES

1.Up to 48 hours before the day of delivery of the vehicle, 100% of the amount paid will be refunded.

2. Less than 48 hours before the day of delivery, 100% of the reservation will be charged.

3. For changes up to 48 hours before the day of delivery of the vehicle, free of charge.

4. After 48 hours of the delivery date, if you change the reservation for fewer days, the amount charged will be the same as the initial reservation.


CLAUSE 10.

APPROVED MANDATORY RESTRAINT DEVICE FOR CHILDREN

1. In the case of using the vehicle to transport children under three years of age or older, but not exceeding 150 centimeters in height, the Customer must notify WHALE RENT A CAR, LDA so that it can be provided to them, in advance. payment of the corresponding rental fee, €5.85 per day for each device supplied, and WITHOUT ATTACHING TO THE VEHICLE, the corresponding mandatory restraint device approved in accordance with the weight and height of the child or the person who must use it.

2. Installation of the device will always be the Customer's responsibility.

3. WHALE RENT A CAR, LDA. is not responsible for failure to use mandatory child restraint devices approved for children.


CLAUSE 11.

APPLICABLE LAW AND JURISDICTION

1. This rental contract will be governed by and interpreted in accordance with Portuguese law.

2. WHALE RENT A CAR, LDA declares its intention to resolve any disagreement amicably. If this is not possible, any disagreement that may arise between WHALE RENT A CAR, LDA and the Customer will be subject to the jurisdiction of the Judicial Court of the District of Azores, jurisdiction of São Roque do Pico.


CLAUSE 12.

RENTAL VALIDITY

Any and all changes to the terms and conditions of this contract that have not been agreed in writing will be void.


CLAUSE 13.

TRANSLATION

The translations of these General Conditions are merely informative and do not have a legally binding nature in their entirety, with only the Portuguese version being valid.


CLAUSE 14

PRIVACY POLICY

Your data is processed in compliance with legislation on the protection of personal data. The same, subject to computer processing, will appear in the WHALE RENT A CAR, LDA database(s) and are intended for the registration and provision of contracted services. Its provision is optional and the right to access, rectify and cancel any data that directly concerns you, in person or in writing, directly to the address on the home page of this website is guaranteed, under the terms of the law.


Damage and cleaning table (VAT added)

Serious Anomalies (Broken glass, mirrors, dents, etc.) 
275,00€
Bumper Replacement 
600,00€
Deep risks (Doors - Hood - Roof - Luggage Holder - Bumpers - Mirrors) 
203,00€ 
Light risks (Doors - Hood - Roof - Luggage Holder - Bumpers - Mirrors)
174,00€
Vehicle interiors - per unit (superficial) 
100,00€ 
Vehicle interiors - deep scratches or need to replace cloths 
400,00€
Seats – Broken or Perforated 
700,00€
Scratches on the vehicle possible from polishing 
100,00€ 
Antenna loss 
300,00€
Loss of Documents 
15,00€ 
Vehicle Key Loss 
600,00€
Remove advertising 
20,00€ 
 
Extra Cleaning Service - Cost to be applied if the vehicle at the time of collection is excessively dirty from day-to-day use 
20,00€