Terms and Conditions Vehicle Rental

The vehicle rental services without driver will be provided by DRIVFIT, S.A., legal entity number 515376159, with headquarters at Rua Manuel Pinto de Azevedo, nº 567, E01, 4100-321 Porto, with the email address rent-a-car@drivfit.com, hereinafter referred to as DRIVFIT, to the legal entity hereinafter referred to as the CUSTOMER, through the conclusion of INDIVIDUAL RENTAL AGREEMENTS in accordance with the following clauses:

FIRST CLAUSE

1. Under this contract, DRIVFIT will rent passenger cars to the CUSTOMER, plus any additional services agreed upon by the parties, in exchange for a rental fee.
2. The characteristics of the vehicle, the rental period, the mileage limit for the CUSTOMER, the rental fee to be paid, and all additional services contracted are set out in the individual rental agreement for each vehicle, respectively.
3. In the event of any conflict and/or contradiction between this contract and the individual rental contract, the provisions of the individual rental contract shall prevail.
4. All additional services to the rental mentioned in this contract shall only be considered subscribed to by the CUSTOMER if they are included in the individual rental contract.
5. The conclusion of this contract does not represent an obligation and/or promise to conclude any individual rental contract, and DRIVFIT may refuse to conclude it even if requested by the CUSTOMER.

SECOND CLAUSE

1.  The procedure for contracting car rentals will be as follows:
   a) The CUSTOMER will request a proposal from DRIVFIT, containing the conditions for entering into an individual rental agreement;
   b) For each vehicle individually, DRIVFIT will submit a proposal containing all the conditions set forth in the first clause, valid for the period of time indicated therein;
   c) If the CUSTOMER agrees with the proposed terms, they shall accept the respective proposal, entering into the respective individual rental agreement, with the same contractual conditions contained in the proposal, remotely, electronically, which shall become effective between the parties after the CUSTOMER has paid DRIVFIT all the initial deposit amounts described in the proposal;
   d) DRIVFIT will order the vehicle, or prepare it for delivery to the customer, if it is in stock, within the period specified in the proposal;
2. In the event that the CUSTOMER withdraws from the vehicle rental after the event specified in paragraph c) of the previous number, they shall forfeit all initial down payment amounts to DRIVFIT and shall also be obliged to pay DRIVFIT all costs and expenses incurred by the latter in canceling the vehicle order and/or intended for the conclusion of the respective individual rental agreement.
3.  If DRIVFIT decides to cancel the individual rental agreement after the event described in paragraph 1(c), it shall be obliged to refund the CUSTOMER all amounts paid by the latter in relation to the initial deposit.

THIRD CLAUSE

1. Once an individual rental agreement comes into effect, it shall only terminate when the vehicle is returned to DRIVFIT, in accordance with the conditions defined by the parties in this agreement, after the term specified in the individual rental agreement has expired.
2. Without prejudice to the provisions of the previous paragraph, an individual rental agreement may be terminated early in the following situations:
   a) Accident in which the vehicle is declared a total loss by the insurance company;
   b) Breakdown whose repair is economically unfeasible, given the value of the vehicle at the time, its mileage, kilometers traveled in relation to those contracted by the CUSTOMER, and/or the period of time until the agreed date for the end of the contract;
   c) Termination of the contract by DRIVFIT;
   d) Termination by one of the Parties, under the terms provided for in this contract.
3. Upon verification of the term defined in the individual rental agreement, the CUSTOMER is obliged to return the vehicle to DRIVFIT, under the terms provided for in this agreement.
4. If the CUSTOMER fails to comply with the obligation set forth in the previous paragraph, the weekly rental fee due will be increased by 40% until the CUSTOMER returns the vehicle to DRIVFIT.
5. Without prejudice to the provisions of the previous paragraphs, either Party may terminate the individual rental agreement before the end of the agreed term by sending written notice to the other party at least 30 (thirty) days in advance and in accordance with the provisions of the individual rental agreement.

FOURTH CLAUSE

1. The CUSTOMER shall make prudent and normal use of the rented vehicles, in accordance with the criteria of a good parent, ensuring the conservation of the vehicle's condition.
2. The CUSTOMER shall use the appropriate fuel for the vehicle and use the necessary safety devices in the vehicle, to the extent that such use is necessary and/or prudent.
3. The CUSTOMER undertakes not to use the vehicles for purposes other than those for which they are intended, as well as in the following activities:
   a) Paid transport of passengers and/or goods;
   b) Pushing or towing another vehicle or trailer;
   c) Participating in sports competitions, “raids,” gymkhanas, or any other sports or entertainment events.
4. Without prejudice to the provisions of the preceding paragraphs, DRIVFIT authorizes the CUSTOMER to use the rented vehicles for the performance of passenger transport activities in unmarked vehicles through an electronic platform (TVDE), transfers, and similar passenger transport, provided that the CUSTOMER is duly licensed for this purpose.
5. The CUSTOMER is always responsible for all fines, additional penalties, and related charges arising from the detention and/or use of the vehicle, and undertakes to reimburse DRIVFIT for all amounts spent by it as a result of these events.

FIFTH CLAUSE

1.  Upon verification of the terms set forth in the individual rental agreement, the CUSTOMER undertakes to return the vehicle to the location indicated by DRIVFIT, where an inspection will be carried out to verify and record its current condition, in the presence of a DRIVFIT representative.
2. The vehicle must be delivered by the CUSTOMER to DRIVFIT in the following conditions:
   a) With all keys, the original vehicle registration document, the service book, respective manuals, user manuals, and approved periodic inspection certificate;
   b) In a good state of cleanliness, both inside and outside, so that the inspection can be carried out with the necessary technical rigor; If this is not the case, DRIVFIT will charge the CUSTOMER for the cost of cleaning;
   c) The vehicle must be in the same condition as when it was received by the CUSTOMER at the beginning of the rental, except for wear and tear resulting from normal and prudent use, without damage, scratches, dents, marks, insignia, other materials and/or equipment, and with all original parts and components.
3. In the event that the vehicle is returned by the CUSTOMER without the conditions set out in the previous paragraphs being met, the CUSTOMER shall be obliged to bear all costs of reconditioning and/or restoration to its original condition, in accordance with the estimate to be prepared after inspection of the vehicle, as well as all costs of transportation, collection, and/or towing of the vehicle to the location designated for delivery by DRIVFIT.
4. The classification of defects as damage, breakage, malfunction, scratches, dents, or wear and tear resulting from normal and prudent use, for the purposes of reconditioning and/or restoration to their original condition, shall be carried out in accordance with DRIVFIT's “Reconditioning Manual,” available at www.drivfit.com.
5. If the CUSTOMER does not return the items listed in paragraph a) of number two of this clause, they are obliged to bear all costs related to the replacement and/or procurement of the same by DRIVFIT.
6. In cases where the vehicle is totally lost due to an accident, the CUSTOMER is obliged to pay DRIVFIT the value of the vehicle on the date of the accident.

SIXTH CLAUSE

1.  The amount of the rent and related additional services, as specified in the individual rental agreement, plus any applicable taxes, shall be paid by the CUSTOMER to DRIVFIT on a weekly basis.
2. If the amounts described in the previous paragraph do not correspond to a full week, the amount shall be calculated on a pro-rata basis.
3. The CUSTOMER undertakes to pay DRIVFIT all additional fees resulting from the execution of the individual rental agreement, in accordance with DRIVFIT's price list in force at the time.
4. All amounts agreed between the parties may be adjusted by DRIVFIT if, during the term of the individual rental agreement, there is an increase in the General Consumer Price Index over a period of 12 (twelve) consecutive months, with DRIVFIT undertaking to notify the CUSTOMER of this adjustment and the respective updated amount 30 (thirty) days in advance.
5.  Payments to be made by the CUSTOMER to DRIVFIT shall be made under the following terms:
   a) Rentals and additional services on the Monday of the week to which they relate;
   b) Any and all other payments owed by the CUSTOMER, including those resulting from compensation, repairs, additional kilometers, fees, tolls, parking, penalties, and respective interest, on the Monday immediately following the week to which they relate.
6. Payments to be made by the CUSTOMER to DRIVFIT shall be made by debit card, credit card, and/or direct debit—as agreed between the parties—with the CUSTOMER undertaking to ensure, with the respective banking institutions, the existence of adequate means for payments, on a permanent and lasting basis, and also undertaking to ensure the necessary funds are available to pay the amounts charged under this Agreement, and shall be liable to DRIVFIT for any costs incurred by the latter due to non-payment of the amounts duly charged.
7. Non-use of the vehicle by the CUSTOMER does not exclude the obligation to pay the rental and related services to DRIVFIT.

SEVENTH CLAUSE

1.  The individual rental agreement includes the complementary vehicle maintenance service.
2. All preventive or corrective maintenance operations and services, repairs, or any other workshop intervention—including tire replacement and repair, wheel alignment, and tire pressure adjustment—will be carried out exclusively at workshops indicated by DRIVFIT.
3. All operations referred to in the previous paragraph must be requested and scheduled with DRIVFIT at least 3 business days in advance of the date on which the CUSTOMER wishes to have the work carried out at the workshop.
4. In the event that the CUSTOMER goes to a workshop without complying with the procedure set out in the previous paragraphs, all work carried out will be excluded from the contracted maintenance and/or repair services, and the cost thereof will be the sole responsibility of and directly borne by the CUSTOMER.
5. The vehicle manufacturer's warranty will be used by the CUSTOMER, even if they have not subscribed to the maintenance and/or repair plan.
6. DRIVFIT will only be responsible for the costs of workshop interventions that it has authorized.
7.  Without prejudice to the provisions of this clause, the CUSTOMER undertakes to use the vehicle in a normal and prudent manner, in accordance with the manufacturer's manual, periodically checking and/or correcting lubricant and/or water levels, complying with the manufacturer's maintenance plan, and immediately immobilizing the vehicle upon detection of any anomaly, whether or not signaled by a warning system.
8. The CUSTOMER undertakes not to install, alter, or modify any of the vehicle's components and to maintain it with the same original technical characteristics, unless expressly authorized by DRIVFIT for this purpose.
9. The CUSTOMER shall allow DRIVIT to inspect the vehicle whenever requested to do so, with a minimum of 48 (forty-eight) hours' notice.
10. The CUSTOMER undertakes to notify DRIVFIT of any defect, deterioration, and/or accident involving the vehicle within a maximum period of 24 (twenty-four) hours.
11. If there is no agreement between DRIVFIT and the CUSTOMER regarding the type, imputability, and/or responsibility for a particular breakdown, an independent and specialized entity shall be designated by mutual agreement to perform a technical inspection of the vehicle, the results of which shall be binding on both parties.
12.  In the case of vehicles traveling on the islands of the Madeira or Azores archipelagos, when there is no DRIVFIT-approved repair shop in the respective archipelago, the CUSTOMER will be responsible for the costs of transporting the vehicle to the nearest DRIVFIT network repair shop.

EIGHTH CLAUSE 

1.  If the CUSTOMER subscribes to a maintenance plan that includes tire replacement, the brand and model of the tires will be chosen by DRIVFIT, according to the characteristics of the vehicle and the manufacturer's requirements.
2. The individual rental agreement will specify the maximum number of tires to be used during the contract period.
3. Regardless of whether all the contracted tires are used or whether unlimited replacement has been contracted, DRIVFIT is only obliged to replace one or more tires when the tire has a tread depth below the legal minimum in force plus 1.0 mm, is deformed, dried out, flaking, torn, and/or burst, provided that these defects have not been caused by acts of vandalism, whether intentional or negligent.
4. Outside the conditions expressly provided for in the previous paragraph, as well as in cases of theft or robbery, the replacement of tires will always be the responsibility of the CUSTOMER.
5. If the individual rental agreement provides for the use of tires, tire calibration and steering alignment are included at the time of replacement.

NINTH CLAUSE

1.  In the event that the CUSTOMER subscribes to the holiday protection service, DRIVFIT will exempt the CUSTOMER from paying rent for a certain period, as agreed in the individual rental contract.
2. To activate the exemption provided for in the previous paragraph, the CUSTOMER must notify DRIVFIT 15 days in advance of the period(s) in which they intend to apply it, indicating the specific start and end dates of the exemption.

TENTH CLAUSE

1.  If the customer subscribes to the breakdown and accident protection service, whenever the vehicle is immobilized due to repair or maintenance, the customer may use a replacement vehicle from the basic segment for a certain period of time, as defined in the individual rental agreement.
2. If DRIVFIT is unable to immediately provide a replacement vehicle, as per the previous paragraph, it may, alternatively, exempt the CUSTOMER from paying the rental fee for a certain period of time.
3. If the CUSTOMER chooses to use a replacement vehicle, they must request it from DRIVFIT three (3) business days in advance and will be bound by the conditions defined by the car rental company for the rental, whether it is DRIVFIT or a third party.
4. The provisions of this clause only apply to cases where the breakdown and/or accident is not attributable to the CUSTOMER, whether due to intent or negligence, namely, inappropriate and reckless use of the vehicle.
5. Without prejudice to the provisions of the previous paragraphs, the CUSTOMER is always obliged to pay the rental and additional services agreed in the individual rental contract, even if the vehicle is immobilized, except in cases where the immobilization is caused by DRIVFIT.

ELEVENTH CLAUSE

1.  The insurance policy premium is included and incorporated into the rental price of each individual rental agreement.
2. The insurance policy includes coverage for own damages and paid passenger transportation under the TVDE activity.
3. All compensation resulting from claims will be paid directly to DRIVFIT by the Insurance Company.
4. The CUSTOMER is always responsible for paying the excess amount specified in the individual rental agreement, as well as any claim management fees that may apply, in accordance with DRIFVFIT's price list in force at the time.
5. When the vehicle is involved in more than two accidents, for which the driver of the vehicle is fully responsible, DRIVFIT has the right to terminate the individual rental agreement.
6. The CUSTOMER undertakes to use the vehicle only in national territory, unless expressly authorized by DRIVFIT to drive it in other specified country or countries.
7. The CUSTOMER undertakes not to use or allow the vehicle to be used in conditions that may prevent or limit the normal functioning of the contracted insurance coverage.
8.  In any event in which DRIVFIT is obliged to compensate third parties, or in which coverage for its own damages is not accepted by the insurance company, for whatever reason and on whatever grounds, the CUSTOMER undertakes to reimburse DRIVFIT for all amounts claimed by third parties and for all damage to the vehicle, with DRIVFIT also having the right of recourse against the CUSTOMER for any amounts paid in this regard.

TWELFTH CLAUSE

1.  The CUSTOMER is always responsible for paying all tolls and parking fees resulting from the use of the vehicle, as well as any fines, additional penalties, fees, and procedural costs resulting from non-compliance with these payments.
2. The rented vehicle is equipped with a Via Verde toll payment system.
3. A statement of Via Verde consumption for the immediately preceding period will be sent to the CUSTOMER on a weekly basis, and the amount will be debited to the customer in accordance with clause seven of this contract.
4. The CUSTOMER is responsible for the correct functioning and maintenance, in perfect condition, of the Via Verde Identifier, and under no circumstances may they remove the equipment from the place where it is installed. They must notify DRIVFIT of any anomaly or go to a Via Verde service point to resolve it.
5. If DRIVFIT is notified by any entity to pay tolls and parking fees resulting from the use of the vehicle, the amount thereof and any associated costs shall be charged to the CUSTOMER under the terms of paragraph two of this clause.

THIRTEENTH CLAUSE

1. The cost of the vehicle's Mandatory Periodic Inspection (IPO), in accordance with the legislation governing TVDE activity and the frequency required therein, is already included in the rental price of each individual rental contract.
2. The CUSTOMER must schedule with DRIVFIT, at least 30 days prior to the anniversary date of the vehicle's registration, the manner, date, and location where the vehicle will undergo the IPO.

FOURTEENTH CLAUSE

1.  DRIVFIT is responsible for settling and paying the Single Circulation Tax (IUC) for the vehicle.
2. If the IUC rate changes during the term of the individual rental agreement, DRIVFIT has the right to unilaterally adjust the rental amount accordingly, and is obliged to notify the CUSTOMER of the adjusted amount 30 days in advance.
3. In the event that, during the term of the contract, any other tax or fee is created that applies to the use of the rented vehicle, this will be the responsibility of the CUSTOMER and will be incorporated and added to the rental amount.

FIFTEENTH CLAUSE

1.  Each individual rental agreement stipulates a maximum number of kilometers to be traveled by the CUSTOMER on a weekly basis during the total period of the individual rental agreement.
2. In the event that the CUSTOMER exceeds the weekly mileage limit agreed between the parties in the individual rental agreement, the CUSTOMER undertakes to pay DRIVFIT an additional amount for each kilometer traveled, as agreed in the individual rental agreement.

SIXTEENTH CLAUSE

Without prejudice to the provisions of the contract regarding accidents and additional plans, all risks resulting from the possession and use of the vehicle, including but not limited to risks of loss, deterioration, malfunction, and immobilization, shall be borne by the CUSTOMER.

SEVENTEENTH CLAUSE

1.  For security purposes, the leased vehicle has an electronic device installed that allows geolocation and real-time collection of vehicle information, namely mileage, instantaneous speed, fuel level, and all engine management parameters, as well as remote immobilization of the vehicle.
2. The CUSTOMER expressly acknowledges and authorizes DRIVFIT to use the vehicle data for the purposes of providing maintenance services and ensuring the correct performance of the vehicle, as well as for the remote location and immobilization of the vehicle in the event of theft, robbery, and/or misuse of the vehicle.
3. The CUSTOMER expressly declares that they consent to and authorize DRIVFIT to immediately immobilize the vehicle remotely, using all necessary and appropriate means for its recovery, namely through the use of the vehicle's second key, in the event of termination of this contract.

EIGHTEENTH CLAUSE

1.  This agreement is entered into for an indefinite period.
2. Only in the event that there is no individual rental agreement in force, entered into under this framework agreement, may either party freely terminate this agreement by giving 30 days' written notice to the other party.
3. This agreement shall enter into force on the date of its signature.

NINETEENTH CLAUSE

The addresses contained in this contract are considered, for all intents and purposes, to be agreed addresses, and any changes thereto must be communicated immediately to the other party.

TWENTIETH CLAUSE

1. In the event of any dispute arising from the contract, both Parties agree to submit to the jurisdiction of the Courts of the District of Porto, expressly waiving any other.
2. The parties may resort to alternative dispute resolution to resolve any dispute arising from the contract through the Porto Consumer Information and Arbitration Center, located at Rua Damião de Góis, 31, Loja 6, 4050-225, Porto, www.cicap.pt.

TWENTY-FIRST CLAUSE

1.  By signing the contract, the CLIENT declares that they have been duly informed of all the contractual clauses and conditions, that they are fully aware of them, that they accept them in full, and that they have received a copy of the contract.
2. In compliance with the obligations arising from the contract, personal data will be transmitted to DRIVFIT regarding the drivers indicated by the CLIENT, whereby DRIVFIT undertakes to process such personal data in accordance with the legislation in force and to guarantee confidentiality.
3. Based on and for the management and execution of the contract, as well as for compliance with the legal obligations arising therefrom and to which it is bound, DRIVFIT, as Data Controller, collects and processes the CLIENT's personal data.
4. The personal data referred to in the previous paragraph may be transmitted/communicated to public bodies, service providers, and/or any other entities, namely for accounting, calculation, payment, and other services, for operations related to discounts arising from legal provisions, in the context of compulsory insurance, and/or for other purposes legitimately necessary for the execution of the contract and permitted by law.
5. The CUSTOMER has the right to access, rectify, delete, restrict, and object to the processing of their personal data; however, these rights may be limited, in accordance with the law and to the extent that the processing of such data continues to be necessary for the performance of the contract or for the fulfillment of other obligations of DRIVFIT, even after the termination thereof; The CUSTOMER has the right to lodge a complaint with the Supervisory Authority.
6. The personal data referred to in paragraph 4 will be kept for the entire duration of the contract and up to a maximum of one year after its termination, and will be permanently deleted as soon as this period has elapsed, unless legal proceedings are ongoing, in which case they will be kept until the final decision that terminates the proceedings. 
   
   

Updated on December 19, 2024    

v5.202412