Condições Gerais de Aluguer

Condições Gerais de Aluguer 

Clause 1

Object

1. Watts on Wheels, Soluções de Mobilidade, Lda, hereinafter referred to as the LESSOR, hereby rents the motorised vehicle, identified in the Specific Terms of this agreement, to the Client, also identified in the Specific Terms of this agreement, hereinafter referred to as the LESSEE, in accordance with the following General Conditions.

2. If the previously hired or reserved vehicle is unavailable, the LESSOR shall ensure the provision of an equivalent service or an upgrade at no additional cost to the LESSEE.

 

Clause 2

Vehicle Delivery and Return

1. The LESSEE declares to have received the vehicle identified under the specific terms of this agreement, duly cleaned and in proper conditions to be used, in accordance with the joint assessment designated as “check out”, with its equipment, accessories and documents, namely vehicle registration document, motor vehicle liability insurance policy, the period motor inspection document, where applicable, a copy of this Agreement, and equipped, in particular, with the tires in good condition, the level of load and mileage described therein, undertaking to return the vehicle under the same conditions as the LESSEE received it, at the place and date designated in the Specific Terms of this Agreement.

2. In the event of tire deterioration for reasons other than prudent and normal use, the LESSEE undertakes to replace the front and/or rear pair of tires depending on which tire has been damaged, immediately and at its own expense, with tires with the same characteristics and brand, although it may charge the cost of tire replacement to the LESSOR, in accordance with the chart in force from time to time.

3. The LESSOR shall not be liable before the LESSEE or any third party for the loss, theft or property damage of goods left inside the vehicle during and after the rental period.

4. Unless otherwise agreed (in writing), the LESSEE shall return the vehicle on the term of the Agreement or the date of its termination, to the LESSOR’s premises where the vehicle was delivered, within business hours, or at a location indicated by the LESSOR, under penalty of failing to comply with this Agreement.

5. When the LESSEE returns the vehicle to the LESSOR, the LESSOR undertakes to deliver to the LESSEE a document proving that the vehicle was delivered by the LESSEE and accepted by the LESSOR.

6. If the vehicle is left in a different location than the one agreed between the parties, there will be a mileage compensation or a return “fee”, in accordance with the LESSOR’s rates corresponding to the distance between the place where the vehicle is and the agreed place, as well as the payment of any and all expenses arising from the lack of battery charge, the need to tow the vehicle, and damage to the vehicle due to it not being returned to the agreed location.

7. The LESSEE shall be liable for any loss or damage, including theft of the vehicle, if the vehicle is not returned to an employee of the LESSOR.

8. If the vehicle is not returned on the agreed date, the LESSEE undertakes to pay to the LESSOR, as a penalty clause, for each entire or partial day of arrears, an amount calculated based on three times the daily rate for the rented vehicle, without prejudice to the right of the LESSOR to initiate any civil and/or criminal judicial proceedings necessary for the recovery of the vehicle and compensation for the damages incurred, namely any suitable precautionary or summary procedure for the restitution of the vehicle.

9. If the vehicle presents any defects, damage or dirt levels contrary to its normal and prudent use, namely a smell of tobacco, signs of animal transportation, vomiting, or other, requiring the LESSOR to carry out an extraordinary and deep cleaning of the exterior and/or the interior of the vehicle or its sanitation, rather than a simple and standard car wash, which could be carried out in a self-service manual car wash center, the LESSEE shall compensate the LESSOR for the  cost of the repair, extraordinary cleaning and/or sanitation, as well as for the vehicle downtime for repair, extraordinary cleaning and/or sanitation.

 

Clause 3

Vehicle Usage

1. The LESSEE undertakes to:

a) Make a normal and prudent use of the vehicle, complying with the Law, in particular the Traffic Code, ensuring that the vehicle is properly parked in a safe and locked place when not being use;

b) To only allow the drivers expressly authorised by the LESSOR to drive the vehicle, provided such drivers are over 25 (twenty five) years old and have a valid driving license for more than 2 years, or between 20 (twenty) years old. and 24 (twenty four) years old , have a valid driving license for more than 2 years and have paid the additional fee charged by the LESSOR in accordance with its applicable and displayed price chart;

c) Not leave the vehicle documents inside, always carrying them;

d) Not smoke or allow passengers to smoke inside the vehicle;

e) Charge the vehicle’s battery as and when necessary so that it never reaches less than 10% (ten percent) or more than 90% (ninety percent) of the total charge; moreover, the LESSEE undertakes to properly charge the vehicle’s battery using the appropriate chargers;

f) Return the vehicle after the term of the rental, in the same state of repair and cleanliness, with its equipment, key and documents;

g) Pay, as soon as requested, the rental price and the resulting charges attributed to it by the LESSOR, namely for: repair of damages to the vehicle; missing electricity to charge the vehicle’s batteries up to the level provided for in clause five, paragraph four of these general conditions; the refuelling “fee” or extraordinary cleanings;

h) Pay any tolls and parking fees, physical or electronic, including any additional administrative costs that may be charged. The LESSOR shall not be responsible for any costs resulting from non-payment within the legal deadline for reasons attributable to the LESSEE;

i) Immediately report any defect or malfunction of the vehicle;

j) Prevent that, by act or omission, third parties are convinced that the vehicle is their property, informing the LESSOR immediately in the event of seizure, attachment, theft, solicitation, impounding or any other offense to the ownership, possession or detention of the vehicle.

2. Without prejudice to civil liability, and under penalty of not being covered by the insurance, the LESSEE shall not allow the vehicle to be:

a) Driven by a person: i) not identified and accepted by the LESSOR, as established in the Agreement or any annex or amendments thereto; ii) under the influence of alcohol, narcotics or other similar altered state that, directly or indirectly, reduces its perception and ability to react;

b) Used for push or pull any vehicle or trailer or any other object with or without wheels; in competitions or training sessions of any kind, official or otherwise; any transport contrary to the Law, namely in accordance with the provisions of the vehicle's registration document;

c) Used to carry passengers or goods in violation of the Law.

3. With respect to the vehicle, its documents, tools, parts, equipment, cables and loading accessories and other components, the LESSEE shall not perform the following acts: sublease, loan, assign, sell, encumber or in any way present as collateral, transform, replace, modify or place advertising or commercial messages.

4. The LESSEE is solely responsible for any fines, charges and other penalties that the courts and the administrative authorities determine, following administrative offenses and criminal procedures for breach of traffic regulations, tolls, parking, and others committed to the vehicle during the rental period.

5. The LESSEE shall not the vehicle off-road or outside of asphalted roads, or asphalted roads with serious deficiencies or irregularities that are likely to cause damage to the vehicle, as well as any places not intended for motor traffic (e.g. beaches, forest paths, dirt paths and/or gravel), motor circuits, race tracks or the like.

6. The LESSEE shall be liable for any and all damages caused to the upper and lower part of the vehicle, as well as to its interior, during the term of this agreement, provided that such damage is not covered by the insurance policy in force during such period.

7. The LESSEE may only use the vehicle outside of the Continental Portugal, in Countries covered by the International Green Card Certificate, after having received written permission from the LESSOR, who may require the provision of additional collateral up to the limit of the commercial value of the vehicle; The LESSEE shall request such authorisation at least 48 hours in advance. If the LESSOR does not reply, the vehicle is deemed to not be authorised to leave.

8. The Agreement shall be automatically terminated if the vehicle is used under conditions that constitute a breach, and the LESSOR shall have the right to recover the vehicle, at any time and in any way, without prior notice, being the respective costs the sole responsibility of the LESSEE, without prejudice to any damages that legally or contractually fall on the LESSOR or third parties, as the case may be.

 

Clause 4

Price, deadlines and payments

1. The rental price is determined by the rate in force for the category of the respective vehicle and paid in advance, as described in the Specific Terms.

2. The price must be paid in EUROS.

3. If the LESSEE wishes to extend the rental, the LESSEE must obtain the written agreement of the LESSOR in advance, prepaying the rental amounts due for the agreed extension.

4. In the event of the extension of the rental, the LESSEE shall always keep his/her duplicate of this Agreement, as well as the document proving the extension agreed with the LESSOR.

5. If the LESSOR does not give its written permission to the extension of the rental, the rental shall cease at the end of the term set forth in this Agreement, being the LESSEE required to deliver the vehicle pursuant to the terms set forth in clause 2 of the General Conditions herein.

6. The LESSEE further undertakes to pay the LESSOR, in addition to the rental price:

a) The amount of the deposit due for the rental, pursuant to the applicable rate at the LESSOR at the time this Agreement is executed;

b) The amount of the insurance deductible, applicable to the category of the vehicle rented hereby and defined in the chart in force at the LESSOR;

c) The amount corresponding to the price of the additional services contracted in the Specific Terms, in accordance with the LESSOR’s applicable and displayed price chart;

d) The price corresponding to the effective duration of the rental, depending on the rental period and the respective mileage calculated in accordance with the rate applicable by the LESSOR for the category of rented vehicle and the territory in which it is intended and authorised to circulate;

e) The price of €60 (sixty euros), plus VAT at the applicable legal rate, whenever the rented vehicle is expressly authorised by the LESSOR to travel outside the national territory in countries covered by the International Green Card Certificate;

f) The daily price of €5 (five euros) for each additional driver expressly authorised by the LESSOR, up to a maximum of €50 (fifty euros) during the initial period of the rental agreement, plus VAT at the applicable legal rate;

g) The daily price of €5 (five euros) for each additional driver expressly authorised by the LESSOR, up to a maximum of €50 (fifty euros) during the period of each extension of this rental agreement, plus VAT at the applicable legal rate;

h) The price of €60 (sixty euros), plus VAT at the applicable legal rate, for each driver (primary or additional) aged between 20 and 24 years old, and with a valid driving license for over 2 years;

i) The amounts corresponding to damages arising from any accident caused by the LESSEE, theft, any hospitalisation and medical expenses incurred by the driver and other passengers, when not covered by insurance. If such damages are covered by insurance, the LESSEE is required to compensate the LESSOR in the alternative, as well as to pay the LESSOR the maximum amount of the respective deductibles;

j) The amounts corresponding to taxes and fees due under the situations provided for in the preceding paragraphs;

k) The amount of €50 (fifty euros), plus VAT, at the applicable legal rate, for each vehicle document that is destroyed, abnormally damaged, or by any means lost;

l) The amount of €250 (two hundred and fifty euros), plus VAT at the applicable legal rate, in case of destruction, abnormal deterioration, or loss, through loss or theft, of the vehicle’s key;

m) The amount, defined by law and charged by the electricity supplier, for each KhW of energy in FCS, plus VAT at the applicable legal rate, and a fee due for the vehicle’s battery charging service to the minimum level provided for in clause five, paragraph four of these general conditions, at the rate in force at the LESSOR, whenever, after the term of the rental, the vehicle is not returned under these conditions;

n) The amount of €100 (one hundred euros), plus VAT at the applicable legal rate, in case of need for an extraordinary cleaning or sanitation of the vehicle, as well as the amount corresponding to the daily rental rate for each day that the vehicle cannot be rented because it is being cleaned or sanitized;

o) Judicial and extrajudicial expenses, fines and other monetary penalties, of any nature, arising from the breach of any legal standard attributable to the LESSEE or the vehicle during the period in which, by means of this rental agreement, the vehicle was under the LESSEE’s custody and under his/her responsibility;

p) If the LESSOR is notified, as a result of a breach or unlawful conduct by the LESSEE, to identify the LESSEE, the LESSEE undertakes to pay the LESSOR, as administrative expenses, the amount of €32 (thirty two euros ), plus VAT at the applicable legal rate, for the information provided to the competent authorities;

q) The amount of € 100 (one hundred euros), plus VAT at the applicable legal rate, as administrative expenses in the event the LESSOR has to assess the charge of damages;

r) Expenses and costs, namely legal expenses, incurred by the LESSOR to obtain the LESSEE’s compliance with the provisions of the Agreement, namely the collection of amounts due to the LESSOR by the LESSEE, as provided by Law;

s) The cost of repairing the damages caused by the LESSEE, in particular by a crash, collision, rollover, and/or theft of the vehicle, as well as its downtime for each day the vehicle cannot be rented, calculated on the basis of in the quote for the repair and/or return to the state the vehicle was in before the damage or accident occurred at the time of the facts, and the daily rental rate in force at the LESSOR, provided that these are not covered by the applicable insurance policy;

t) The cost of replacement of any cables, accessories or components, namely charging, battery or the vehicle, which have been delivered with the vehicle to the LESSEE and have not been returned by the LESSEE;

u) The cost of replacement for original parts or components of the vehicle if the LESSEE has replaced them without the express permission of the LESSOR;

v) The cost of repairing any and all damages caused by the LESSEE due to misuse, overuse or use in abnormal conditions given the characteristics and capabilities of the vehicle.

7. If the rented vehicle is a TESLA, and the LESSEE charges the respective battery in TESLA’s “Supercharge” (SUC) chargers , the LESSEE shall also be required to pay to the LESSOR the price corresponding to the electricity used in the Tesla SUC , plus the occupancy rate of the SUC due to TESLA for using the SUC for more than five minutes after the vehicle has been fully charged during the term of this agreement, and in accordance with the amounts invoiced by TESLA to the LESSOR.

8. To guarantee compliance with the obligation provided for in the preceding paragraph, the LESSEE authorises the blocking of a pre-authorisation in the amount defined in the Specific Terms, on a valid credit card, this amount being provided as a deposit for 30 days after the date of delivery of the vehicle and the termination of this agreement, to cover the payments due, of debts that may occur after it has been determined that TESLA's SUC was used. It is accepted that the charges may occur after the end of the agreement, provided that such use has occurred during its term.

9. The LESSEE, in order to guarantee compliance with the obligations arising from this Agreement, namely regarding the rental, the battery charge, the tolls and parking fees, the use of TESLA's SUC, the insurance deductible, shall provide a deposit in the amount established in the specific terms of this Agreement, in cash, by certified check or credit card debit, expressly authorising the LESSOR to fill in and debit the amounts due.

10. The deposit referred to in the preceding paragraph shall be refunded to the LESSEE as soon as the vehicle is returned to the LESSOR, in the state in which it was delivered, and all amounts due by the former are settled. However, if there are outstanding amounts (inter alia: additional rental days, electricity/charging expenses and/or deductibles), the LESSOR shall apply the amount of the deposit, in whole or in part, to the payment thereof, without prejudice to the LESSOR’s right to legally demand the amount still outstanding.

11. Any unpaid invoice on the due date shall be accrued of default interest, calculated at the applicable legal rate, from the due date until full and effective payment.


Clause 5

Maintenance, Vehicle Repair and Battery Charge Level

1. If the LESSEE becomes aware of any technical problems with the vehicle, the LESSEE shall immediately stop the vehicle and contact the LESSOR or, when this occurs outside office hours, the LESSEE shall contact travel assistance.

2. In the event that the vehicle is stopped due to damage, repairs may only be made by the LESSEE when authorised in writing by the LESSOR and in accordance with the instructions expressly provided by the LESSOR, the price of which must be stated in a detailed invoice, detailing the replaced parts, and issued on behalf of the LESSOR.

3. The costs of towing, as well as any damage, inside or outside the Country, due to misuse of the vehicle, namely due to its running out of battery, shall be the sole responsibility of the LESSEE.

4. The vehicle shall be delivered to the LESSEE with the battery charged as described in the specific terms of this agreement, and must therefore be returned to the LESSOR in the same condition or with the battery level lower up to ten percent (10%) to that with which the battery was delivered to the LESSEE, under penalty of being charged the cost of the missing electricity, plus a legally permitted charging service “fee”.

5. The LESSEE shall take all necessary protective measures to keep the vehicle in the same condition as it was delivered to him/her, regularly checking, in particular: i) the general condition of the vehicle; ii) tire pressure; iii) the battery charge level, not allowing it to be less than 10% (ten per cent) of the total charge, in which case the LESSEE shall immediately charge it.

6. In the event of improper handling or use of unsuitable chargers for charging electric vehicles, the LESSEE shall be liable for all costs incurred in repairing any resulting damage to the vehicle, as well as damage resulting to the LESSOR by the downtime during the repair period.

7. The LESSOR shall not refund the electricity not used by the LESSEE.


Clause 6

Insurance

1. The LESSEE and/or the authorised driver of the vehicle, shall be parties, as policyholders, of a car insurance policy that covers limited liability up to a maximum of € 50,000,000.00, in accordance with applicable national laws.

2. The LESSEE and/or authorised driver shall be parties, as insured in the vehicle insurance policy, called LDW, which covers all damages to the vehicle in the event of an accident (crash, collision, rollover) and theft of the vehicle, subject to the payment of the deductible corresponding to the category of the vehicle rented by this agreement and defined in the chart in force at the LESSOR; any damages to the upper and lower parts, inside and outside of the vehicle, tires, rims or windows, provided that these have not been caused by an accident or theft, are excluded.

3. The LESSEE and/or the authorised driver undertake to protect the interests of the LESSOR and its Insurance Company, namely by:

a) Reporting immediately to the police authorities, and as soon as possible, but not later than twenty-four hours, to the LESSOR, any accident, theft and/or fire, even if partial, damage caused by animals or any other claims;

b) Obtaining the names and addresses of the persons involved and witnesses;

c) Not leaving the scene of the accident, theft, robbery and/or fire before the arrival of the police authorities, unless his/her state of health demands it, under penalty of being blamed for the resulting damage in full, not benefiting from the coverage resulting from the deductible reduction service, eventually contracted, any effect in case of breach of this clause;

d) Mentioning in the report the actual circumstances in which the accident occurred, the date, time, place, name and address of the witnesses, the name and address of the owner and driver of the third vehicle involved and the registration, brand, insurance and policy number of such third vehicle;

e) Undertakes to not declare him or herself, in any event, responsible or guilty for the accident to a third party, under penalty of the LESSOR exercising its right of return;

f) Contacting the LESSOR as soon as possible given the specific circumstances of the claim, providing the LESSOR with a detailed report of the claim, including the report issued by the police authorities;

g) Delivering all supporting documentation related to the claim at the return station of the vehicle;

4. Should the LESSEE and/or the authorised driver fail to comply with any of the obligations set forth in the preceding paragraph, the LESSOR reserves the right to charge additional vehicle repair and/or recovery costs.

5. The LESSOR and/or the authorised driver may contract the following additional coverages:

5.1. LDW 30 - covers all damage to the vehicle in the event of an accident (crash, collision, rollover), theft and robbery of the vehicle, the LESSEE and/or the authorised driver being required to pay the deductible corresponding to the group of vehicle rented herein, defined in the chart in force at the LESSOR, reduced by 30%; any damage to the upper and lower parts, inside and outside of the vehicle, tires, rims or windows, provided that they have not been caused by accident, theft or robbery, is excluded. This additional coverage may be subscribed by the LESSEE and/or the authorised driver at the time of execution of this agreement, at the price shown in the chart in force and displayed at the LESSOR.

5.2. LDW 60 - covers all damage to the vehicle in the event of an accident (crash, collision, rollover), theft and robbery of the vehicle, the LESSEE and/or the authorised driver being required to pay the deductible corresponding to the group of vehicle rented herein, defined in the chart in force at the LESSOR, reduced by 60%; any damage to the upper and lower parts, inside and outside of the vehicle, tires, rims or windows, provided that they have not been caused by accident, theft or robbery, is excluded. This additional coverage may be subscribed by the LESSEE and/or authorised driver over 25 years and holding a valid driving license for more than two years, at the time of the conclusion of this agreement, at the price provided for in the chart in force and displayed at the LESSOR.

5.3. QIV - covers isolated breakage of windows (except rear-view mirrors, optics, taillights) up to the insured sum limit of € 1,000 (one thousand euros). This additional coverage may be subscribed by the LESSEE and/or the authorised driver at the time of the conclusion of this agreement, at the price provided for in the chart in force and displayed at the LESSOR.

5.4. PAI - covers the treatment expenses of all occupants, including the driver, whose maximum amounts are € 1,500 (one thousand and five hundred euros) in the case event of illness caused by a traffic accident during the term of this rental agreement, and € 15,000 (fifteen thousand euros) in the event of death or disability of the occupants and driver, the LESSOR and/or authorised driver not being subject to the payment of any deductible. This additional coverage may be subscribed by the LESSEE and/or the authorised driver at the time of the execution of this agreement, at the price provided for in the chart in force and displayed at the LESSOR.

6. In the event of a claim, even with the delivery of TAARF (Traffic Accident Amicable Report Form), the LESSEE and/or the authorised driver is responsible for the payment of damages to the vehicle up to the maximum amount of the deductible in force during the Agreement, except if the responsibility is assumed by third parties.

7. Only the LESSEE and/or the authorised driver shall enjoy additional deductible services; Failure to comply with this provision will result in the total annulment of the additional coverages provided herein that have been contracted under the Specific Terms, and the provisions of this article shall also be null and void in the event of an accident caused by negligence, drunkenness, use of narcotics or non-compliance by the LESSEE and/or driver of all the general rental conditions and the rules of the Traffic Code and other applicable legislation, being also void the insurance coverage if the LESSEE does not return to the LESSOR the keys of the vehicle in case of theft and/or robbery.

8. In case of misuse of the vehicle, or accident due to speeding, neglect, driving under the influence of alcohol, narcotics or consumption of any product that diminishes the ability to drive, the LESSEE and/or the driver shall be fully responsible for the repair and compensation expenses resulting from the downtime of the damaged vehicle, even if a deductible reduction service has been contracted.

9. If the LESSEE has deliberately provided the LESSOR with false information, in particular concerning his/her identity, address, email address, telephone number or the validity of his/her driving license, the LESSOR reserves the right to transfer to the LESSEE all accrued costs incurred as a result of such statements, without prejudice to the criminal liability that may be applicable to the case.

10. The vehicle and/or its occupants shall only have the additional coverages described in paragraph 5 above and contracted under the specific terms, during the initial term of this agreement, unless there is an extension of this agreement under these general conditions; the LESSOR hereby declines any liability for accidents caused or that may be caused by the LESSEE and/or the driver beyond the rental period, being the LESSEE and/or the driver solely and exclusively responsible.


Clause 7

Right of termination of the Agreement

If the LESSEE fails to comply with any of his/her contractual duties, namely by using the vehicle in an abnormal, reckless and excessive manner, beyond its characteristics and capabilities, the LESSOR has the right to terminate the agreement with just cause, with immediate effect, recovering the vehicle by any admissible legal means, having the LESSEE no right of retention or compensation.


Clause 8

Travel Assistance

The LESSEE shall have access to a 24-hour travel assistance service, which shall be provided by Fidelidade - Companhia de Seguros, S.A., with registered office at Largo do Calhariz, 30, 1249-001 Lisbon, with the telephone number +351214405008.


Clause 9

LESSOR's Personal Data

1. Pursuant to the provisions of the personal data legislation, the LESSOR, designated WATTS ON WHEELS – SOLUÇÕES DE MOBILIDADE, LIMITADA, with the registered corporate and taxpayer number 515198153, with registered office at Avenida da República, no. 6, 1-Esq., in Lisbon, Responsibility acting as controller shall process the Client’s personal data on the basis of the stated legal grounds and retain them during the mentioned periods of time, for the following purposes:

1.1. Administrative management of clients, for the execution of the rental agreement of light-duty vehicles without driver and compliance with legal obligations set forth by Decree-Law 181/2012, of the 6th of August, revised and amended by Decree-Law 47/2018, of the 20th of June and 15/88 of the 16th of January, for 10 years;

1.2. Management of invoicing, collection and payment, for the execution of the rental agreement of light-duty vehicles without driver, for 10 years;

1.3. Record of commercial relations, for compliance with the legal obligations of the LESSOR, for 10 years;

1.4. Management and recovery of contentious claims, for the execution of the rental agreement of light-duty vehicles without driver, for 10 years;

1.5. Analysis of consumption profiles, based on the legitimate interest of the LESSOR, for 10 years.

2. When the disclosure of personal data constitutes a legal and contractual obligation of the LESSOR, its provision by the LESSEE is a necessary requirement for the execution of this agreement. In such cases, if the LESSEE does not provide his/her personal data, the agreement shall not be concluded and the LESSOR will not process his/her request.

3. The LESSEE authorises that his/her personal data be transmitted to the following entities for the stated purposes:

3.1 Private and public authorities, in the context of audits, inquiries, inspections and investigations within the scope of their legal responsibilities, namely, police authorities, public entities and motorway concessionaire companies;

3.2 Legal representatives and courts, for the purpose of representation, establishment, exercise or defence of rights in the context of legal proceedings;

3.3 The Tax Authority, for the purposes of tax compliance.

4. The LESSEE authorises / does not authorise (delete as applicable) that his/her personal data be transmitted to ARAC (“Associação dos Industriais de Aluguer de Automóveis sem Condutor”), to be included in the Database for defaulting clients;

5. The use of the personal data mentioned in the context of the analysis of consumption profiles, allows the LESSOR to customize its commercial offer for its Clients, based on their previously made reservations, having no impact on the choices the Client wishes to make and the conclusion of an agreement is not necessary.

6. The LESSEE accepts that his/her signature be registered on any durable medium, for all legal purposes.

7. Without prejudice to the right to file a claim with the CNPD (the Portuguese National Data Protection Commission), the LESSEE has the right to request from the LESSOR access to personal data which have been collected concerning him/her, as well as to rectify or erase such data, and to limit the processing of such data with respect to the data subject, or the right to object to the processing, as well as the right to data portability by sending an email to dpo@wattsonwheels.pt or by registered letter to Av. da República, no. 6, 1-Esq, 1050-191 Lisbon.

8. For the purpose of complying with the request to exercise the right provided for in the preceding paragraph, the LESSOR, in the event of reasonable doubt as to the identity of the natural person making the request, may request to be provided with any additional information necessary to confirm. the identity of the data subject.


Clause 10

Toll and parking fee payment service provided

1. The LESSOR offers the LESSEE the additional service of a toll and parking fee payment device, by providing an identifier, own by it, through which the LESSEE may take advantage of the electronic toll services provided in the national roads and parking infrastructures, provided that such infrastructures and parking facilities are adequately equipped for this purpose.

2. In the case provided for in the immediately preceding paragraph, the LESSEE shall be responsible for the identifier provided by the LESSOR, while such device is in his/her custody and responsibility, as well as for its proper use, namely by crossing the barriers only once through the duly identified lanes for the use of this service.

3. In the case provided for in paragraph 1 of this clause, the LESSEE shall be solely responsible for the full payment of the amount of tolls and parking fees registered during the term of this agreement.

4. For the purposes of payment of tolls and parking fees, the LESSEE authorises the blocking of a pre-authorisation in the amount defined in the Specific Terms, on a valid credit card, this amount being provided as a deposit for 30 days after the date of delivery of the vehicle, in order to cover the payments due, of debts that may occur upon the detection of the use of road infrastructures (tolls) and parking lots, accepting that the debts may occur after the end of the agreement, provided that the use of such road infrastructures and car parking lots has taken place during its term.

5. The LESSEE is also responsible for the correct operation and preservation, under perfect conditions, of the Via Verde identifier, provided by the LESSOR, and may not under any circumstances remove said equipment from where it is installed, and shall inform the LESSOR of any anomaly or, after authorisation, contact a Via Verde service point for resolution.


Clause 11

Primary and Additional Driver

The Primary Driver, as well as the Additional Diver, identified in the Specific Terms, are bound by the exact general terms and conditions set forth in this Agreement.


Clause 12

Final provisions

1. The parties expressly agree that, for legal and/or judicial purposes, all summons and/or notices related to this Agreement, as well as its interpretation and enforcement, shall be made to the addresses of their respective domiciles provided herein.

2. The Parties agree that in order to settle any dispute arising from the interpretation or performance of this Agreement, the District Court of Lisbon shall have jurisdiction, expressly waiving any other, except as required by law.

3. The LESSEE declares that he/she is aware that the vehicle may be equipped with a geolocation device (GPS), which may be used by the LESSOR and/or the competent authorities, in case of breach of the agreement and/or border crossing.

4. The LESSEE acknowledges that all terms of this agreement have been timely and expressly notified to him/her and its contents explained, he/she was also been notified, knows and accepts the price chart applied by the LESSOR, pertaining to the services mentioned herein, being aware of them and entering into this agreement in full use of his/her will and in good faith.