CONDITION OF AUTOMOBILE AND HANDOVER
1.1. The customer states and acknowledges that the Automobile which is the subject of this Rental is found in a good operational state and without any apparent defects, except those described in the “Check/Out” document, and that it is his or her responsibility to return the Automobile in the same conditions in which it was provided, together with the return of all documents, spare parts, accessories and Automobile equipment also provided on this date.
1.2. The return of the Automobile, in accordance with the provisions of paragraph1.1, shall be made to the Linkus representative who managed its hand-over, except if agreed differently in the Rental Contract.
CONDITIONS OF USE
2.1. The customer must take care of the Automobile and ensure that when necessary, it is kept locked with the key in a safe place when not being used.
2.2. The customer must use the appropriate fuel for the Automobile as well as any necessary safety equipment in the vehicle, when necessary and/or prudent.
2.3. The customer may not use the vehicle or allow it to be used in the following circumstances:
a) Transportation of heavy loads or passengers;
b) Transportation of goods, even free of charge, in violation of any regulatory or legal provisions;
c) Towing and/or pushing any vehicle, trailer or any other object;
d) Taking part in sporting competitions;
e) Whilst the driver is under the influence of alcoholic drinks, drugs or any other substance which, directly or indirectly, reduces his or her perception and speed of reaction;
f) In violation of any transportation rules;
g) By any other person who is not the authorized driver under the terms of this contract or who, even though they are, do not comply with the minimum requirements stipulated by Linkus in respect to age and driving license validity. In such cases, the customer will be directly responsible to Linkus and must indemnify it under the legal and contractual terms;
h) Outside Spain, with the exception of authorized Linkus.
3. CUSTOMER RESPONSIBILITIES AND OBLIGATIONS
3.1. In addition to the remaining provisions of this contract, the customer also is responsible for:
a) Making the Automobile rental payment in accordance with the prices applying, including additional costs and airport tax, road tax, national and international delivery and collection charge, young driver supplement and the options described in the rental contract signed by the customer.
b) To assume full responsibility for:
I) Costs relating to the service of providing the Automobile (including any fuel deficiency) if returned with less fuel than that specified in the "Check-Out" document;
II) Other costs for issuing Automobile documentation, if misplaced or lost by the customer;
III) Cost incurred by Linkus resulting from use of the wrong fuel for the Automobile;
IV)Taxes applicable in accordance with the legislation applying, during the whole term of this contract;
V) Costs necessary for replacement of tyres damaged by other than normal usage or accidental damage.
VI) All expenses, fines or costs incurred by immobilization of the vehicle, if apprehended by the police authorities when carrying illegal goods;
VII) All fines, legal or extra legal costs, penalties for traffic infringements or other types of legal violation attributed to the automobile or the customer during the period of this rental contract, except if caused by an action or omission by Linkus;
VIII) All costs, including any contracted legal and solicitors fees to obtain payment of any amount covered by this contract which is the customer’s responsibility;
3.2. In addition to the provisions of paragraph 3.1, the customer will be responsible following any complaint by Linkus, to accept ownership for costs and losses, including, and without limitation, costs for repair, depreciation, lost profits, towing and vehicle collection.
a) For all damage caused to the automobile during the term of the rental contract, and expressly excluding any damage which has occurred and is identified in the Check-Out document;
b) for robbery, theft or loss of the automobile.
3.3. Without prejudice to the following paragraph, the responsibility of the customer under this clause and from the other provisions applicable under the terms of the rental contract will be limited to the maximum deductible amount, calculated in accordance with the respective table applying at the rental contract start-date.
3.4. Customers can limit their liability to Linkus by signing up for CDW (Collision Damage Waiver), SCDW (Super CDW) , ACDW (Additional Collision Damage Waiver) e TW (Theft Waiver), under the following terms:
a) CDW – Customer liability arising from damage caused to the vehicle, in terms of sub-paragraph a) of paragraph 3.2, with the exception of damage caused by vandalism, damage to windows, wheel rims, tires, lower or upper part of the automobile without collision, and those resulting from incorrect use of the automobile, will be limited to the minimum deduction, calculated in accordance with the respective table applying at the start-date of the rental contract;
b) SCDW – Customer responsibility for damages protected by CDW and TW agreed by the customer will be completely eliminated;
c) ACDW – Customer responsibility for acts of vandalism, damage to windows and tires are eliminated;
d) TW – Customer liability for robbery, theft or loss of the automobile, under the terms of sub-paragraph b) of paragraph 3.2, will be restricted to the minimum deductable, calculated in accordance with the respective table which applies at the rental contract start-date;
3.5. The liability limitation set out in the previous paragraph will not apply, even when the customer has contracted the options described, whenever his or her liability results from a violation of standard vehicle usage, dishonest or negligent conduct, failure to comply with the Highway Code or whenever triggered by situations when the automobile was not driven by the customer or an authorized driver.
4. LINKUS’S LIABILITY
4.1. Linkus may not be held liable for any loss or damage incurred by the customer, except in case of dishonest conduct or serious negligence.
4.2. Nothing stated in this contract will exclude or restrict Linkus’s liability in the case of death or bodily injury resulting from dishonest conduct or negligence or any other liability which may not be excluded under the terms of the law.
5. OTHER CONDITIONS
5.1. Linkus may, at any time and at the customer’s expense, cancel this contract and take possession of the automobile, whenever the customer uses the automobile in violation of these General Conditions or of any other provisions contained in the Rental Contract.
5.2. The Client / Driver must have one of the following credit cards when collecting vehicle) MasterCard, Visa. The rental agreement may be paid via credit card, debit card or cash (EUR). The contract holder will always provide a credit card in your name and taxpayer identification number - NIF, at the time of collection. This is due to the fact that it applies a security, which is provided by the credit card until the time of delivery of the vehicle rented by the customer. This card ensures a deposit usually equal to the insurance deductible plus a fuel tank, the driver's age can also influence the value of the collateral. If the client does not present a valid credit card or with insufficient plafon the Linkus has the right to refuse the booking made by the client
5.3. The customer acknowledges that the minimum rental period for the automobile is one day, where one day for the purposes of this contract, is a 24 hour period counting from the start of the rental contract, and that the calculation of the total value of the rental will be based on the specific number of days during which the automobile was in the possession of the customer.
5.4. Any complaints by the customer relating to the existence or qualification of his or her responsibilities must be communicated to Linkus by the 30th day after the customer receives the final accounts.
5.5. The customer pre-authorises the debiting of the costs of the liability under the terms of this contract, which is his or her responsibility, from his or her credit card account.
5.6. Damages to the automobile reported by Linkus within 30 days after the term of the rental contract and which have occurred as a result of use of the automobile by the customer will be included in the costs referred to in the previous paragraph.
6. INSURANCE
6.1. The customer or drivers authorized by Linkus are included in a civil liability insurance policy which covers the risk of personal or material damage caused to third parties with a capital mentioned in respective policy. The policy is issued in accordance with Portuguese legislation and is considered an integral part of this contract and is available to be seen at Linkus’s premises.
6.2. In the case of an accident, Linkus will not be responsible for personal or material damage caused to the customer and/or passengers.
6.3. The customer may contract personal accident insurance (PAI) whose capital coverage and other conditions may be inspected in a policy agreed between Linkus and the insurance company which is available at Linkus’s premises.
7. ACCIDENTS, THEFT AND ROBBERY FROM THE AUTOMOBILE
7.1. The customer must communicate theft or robbery from the automobile to the relevant authority within a period of 24 hours subsequent to its occurrence and sign a robbery or theft report at the nearest Linkus outlet.
7.2. The customer is obliged to cooperate with Linkus and its insurers in any investigation or subsequent legal process related to any of the events established in paragraph 7.1.
7.3. In the case of accident, the customer must report the occurrence to the police, completing the respective user-friendly declaration and sign the accident report at the nearest Linkus outlet, within a period of twenty four hours.
7.4. Any violation of the obligations detailed in this clause will prejudice liability limitations contracted by the customer under the provisions of paragraph 3.4 of the 3rd clause.
8. ESSENTIAL REQUIREMENTS
8.1. The minimum driving age for the purpose of this contract is 21, except for all-terrain and luxury vehicles for which the minimum age is 25.
8.2. Linkus may authorize, at its discretion, drivers younger than the ages stated in the previous paragraph, but over 18 years of age, an option currently designated as “young driver”, in return for payment of a supplementary rate in accordance with a price list applying at the starting date of the rental contract.
9. PERSONAL EFFECTS
Linkus will not be responsible to the customer, or any authorized driver or passenger for the loss or material damage caused to personal goods left in the automobile, either during the period of this contract, or after its termination.
10. RESERVATION CANCELLATION AND “NO-SHOW”
The. The Customer may cancel the reservation under the following terms:
i. If made up to 30 days before the start of the rental, there will be no cost or penalty for the Customer, with the full amount of the advance payment being refunded (including extras and optional services and coverage);
ii. If made between 30 and 8 days before the start of the rental, up to 3 days of rental will be charged (including extras and optional services and coverages), with advance payment exceeding 3 days of rental being refunded;
iii. If made within 7 days prior to the start of the rental, there will be no refund.
iv. Cancellations must be requested by sending a message to reservas@linkus.pt.
B. If the Customer does not appear at the LINKUS rental station on the day and time indicated in the reservation, the rental will be considered a “no-show”, with no refund of advance payment.
11. APPLICABLE LAW AND COURT
This contract is governed in accordance with Portuguese Law and both parties agree to submit themselves to the jurisdiction of the City of Oliveira do Bairro courts.