TERMS AND CONDITIONS

The following are the General Conditions of Vehicle Rental Agreement (hereinafter referred to as the Contract) entered into between Frijoc Rent-a-car (hereinafter FRIJOC) and the Customer (hereinafter the Customer), being The data identifying the two mentioned on page 1 of the Contract.

1. Object of the Agreement

The Customer receives the leased vehicle described in the Rental Agreement, in perfect working condition, with all its documents, tires, tools and accessories and undertakes to keep them and to drive the vehicle in compliance with the rules set forth in the Road Code and other complementary legislation in force, as well as those established in these General Conditions.

2. Duration of Contract

The duration of the Contract is as expressed on page 1 thereof, which specifies the date and time of delivery and return of the vehicle.

The rental days will be counted for periods of 24 hours, starting from the exact time that the Customer has rented the vehicle, until its return, its keys and its documentation to FRIJOC

The courtesy period in the return of the vehicle will be 59 minutes after which will be charged a penalty for non-return of the vehicle plus the value corresponding to the days of extension of the rental and its extras.

The rental agreement may not exceed the maximum duration of 89 days.

If the Customer decides to terminate the Contract in advance, the amount corresponding to the days on which he did not enjoy the vehicle (taxes included) will be fully withheld as compensation.

Likewise, FRIJOC may decide to terminate the rental prior to the date set forth in the Contract due to improper use of the vehicle and / or violation of the provisions of the contract and to take possession of the vehicle at any time and without prior notice at Customer's expense .

3. Extension of Contract

The Customer is obliged to return the vehicle on the date and time mentioned on page 1.

If you wish to extend the rental period, you must go to FRIJOC headquarters and sign the extension. No contract may be extended by telephone or by any other means of electronic communication, unless page 1 thereof indicates otherwise.

In no case, the amount deposited as a guarantee may serve to prolong it. Thus, if the Agreement is extended, the Client must make an additional payment related to said extension.

If the Contract can not be extended because there are no vehicles available or for any other reason, the Customer must return the vehicle at the agreed date and time to the rental station expressed in the contract.

When requesting the extension of the Contract, it may be necessary, depending on the initial conditions of the same, the execution of a new contract considering, at that time, the current Contract terminated

4. Cancellation Policy, No-Show and Reserve Change Policy

The reservation made and confirmed may be canceled at any time before the vehicle is picked up, however the deposit for guarantee of reservation is non-refundable, the same as in the case of a "No-show" of the customer.

The reservation may be changed before and during the rental subject to conditions in this agreement and subject to the availability of vehicles by FRIJOC

5. Vehicle Return Conditions

The Customer will return the rented vehicle under the same conditions as it was delivered with all its documents, tires, tools and accessories, in the place, at the date and time stipulated in the Rental Agreement.

The Customer may not modify any technical characteristics of the vehicle, the keys, equipment, tools and / or accessories thereof, nor make any modification of its exterior and / or interior appearance. Otherwise, the Customer must bear the expenses related to the restoration of the vehicle to its original condition, as well as the damages and damages caused to FRIJOC due to the reconditioning of the vehicle, due to the time in which it is immobilized, and any other Damage to FRIJOC

The vehicle must be delivered with the full fuel tank as it was delivered to you. In the event that the vehicle is delivered with the unfilled fuel tank, the customer will be charged the proportional value of the missing fuel, according to the amount included in the General Tariff, attached to this contract.

6. Effects of Vehicle Non-Return

The return of the vehicle at a date and time different from those established in the Contract, allows FRIJOC to collect the rental amount corresponding to the days of delay in the return, in addition to a penalty caused by the economic damages that the lack of that car is causing, in the amount of € 40.00 for each day of delay.

If FRIJOC delays the delivery of the vehicle more than 59 minutes after signing the rental agreement, the Client will be compensated in the same amount.

Likewise, the return or abandonment of the vehicle in a place other than that referred to in the Contract, allows FRIJOC to demand cumulatively:

1. Rental amount corresponding to the days required for the repair of the vehicle and making available for rent;
2. An indemnity corresponding to € 40.00 per day, related to the economic damage caused, due to the immobilization of the vehicle;
3. The costs of travel, towing, repatriation, tolls and custody, - where they exist - to the place agreed in the contract for the return of the same. FRIJOC reserves the right to file any pertinent legal actions, before any In case of disappearance or non-return of the vehicle and before the competent authorities (judicial, police and administrative), the Client is liable for any legal and legal consequences that may arise, including payment of legal costs, fines and fines. Unilateral termination by the Customer of the duration of the Contract is deemed to be a non-permitted (abusive) use of the vehicle for the purposes of Customer's liability for any damage that the vehicle presents. FRIJOC reserves the right to file any pertinent legal actions, in the event of any disappearance or non-return of the vehicle and before the competent authorities (judicial, police and administrative), with all liability for legal consequences and Legal action, including payment of court fees, fines and fines. The unilateral extension by the Customer of the duration of the Contract is deemed to be a non-permitted (abusive) use of the vehicle for the purposes of the Customer's liability for any damage that the vehicle presents.

Payments and Payment Method

7.1 Payments:

The Client undertakes payment to FRIJOC:

1.The charges for rental of the vehicle, optional protections and taxes determined in the current FRIJOC rate (hereinafter referred to as the General Rate), which was previously notified to the Client and is attached to this Contract. The application of the initially agreed fare is subject to the return of the vehicle in the place, at the date and time provided. The rates may vary depending on the season so, prior to hiring a vehicle, the Customer will be responsible for checking the rate applied to him.
2.Other charges in accordance with the contractual and commercial conditions offered by FRIJOC expressed in the contract.

7.2 Payments as a result of Customer's improper use:

The Client, after completing the rental of the vehicle, undertakes to pay to FRIJOC, regardless of the coverage contracted, the amounts that are a consequence of the following concepts:

1.Due to a "special cleaning" for the costs of an extra cleaning service, as a result of the manifestly inappropriate condition of the vehicle at the time of its return, up to a maximum of € 150.
2. The costs caused by the loss of vehicle documents and keys and / or the sending of the vehicle keys to the corresponding station in the event of loss, theft, return of the vehicle keys at a station other than the effective return of the vehicle, or any other Situation for which the vehicle is immobilized because of the Client, the latter will have to pay compensation to FRIJOC up to the amount of 280.00 €.
3. The amount of travel of the vehicle with a trailer in the cases provided for in the various clauses of this Contract.
4. The costs of loss, theft, deterioration or damage to any part of the vehicle, or to the whole vehicle, as well as problems arising from an error in the type of fuel supplied.
5. Fines, penalties, penalties and judicial and administrative expenses caused by traffic violations or by laws, regulations or decrees (including those provided for in the Highway Code) governing motor traffic shall be borne by the Client for the duration of this Agreement and which have been met by FRIJOC
6. Without prejudice to the provisions of the previous paragraph, FRIJOC reserves the right to charge the Client an additional charge of € 40 for the administrative costs incurred as a result of the costs of processing and communication to the relevant authorities of these acts.
7. The costs of repairing the damage caused to the vehicle in the event of an accident, in the event of any of the following circumstances: (a) that the vehicle has not been used in accordance with the conditions laid down; (B) the vehicle has not been used in accordance with the conditions laid down; C) that the accident report - either in the form of a "Friendly Accident Statement" - DAA or "Claim Report" - has not been completed and sent to FRIJOC within the period indicated, or that it is not in accordance with the facts Occurred; D) that the damages are the result of an accident due to the fact that the Client did not correctly evaluate the height of the vehicle; E) that the corresponding optional extra protection had not been contracted, (see point 8).
8. The costs inherent to "Administrative and accident costs" in the maximum amount of € 150. The amounts derived from these items will be charged by FRIJOC directly to the Customer through the electronic payment system or equivalent used for the contracting of the vehicle, expressly authorizing the Client to perform these charges by FRIJOC In all cases, FRIJOC will inform, The amount collected and the reasons that led to the payment of the same, providing the Client with all the information that is possible. The amount of the charge that applies to the Client for the damages caused to the vehicle will be calculated taking into account the evaluation carried out by the expert's office external to FRIJOC, or when the said quantification can not be carried out by said expert's office, the amount resulting from A first evaluation carried out by FRIJOC's qualified personnel, according to the tariffs and prices according to the table in force at the date of rental, whose existence and amounts the Customer declares to know, being in agreement with them. All the aforementioned is applied, without prejudice to a later settlement and adjustment, after obtaining a budget for the repair performed by a workshop or an evaluation carried out by an expert's office, external to FRIJOC FRIJOC reserves, also, The right to demand from the Client compensation for the immobilisation of the vehicle as a consequence of the damages occurred. The said compensation will be calculated according to the number of days required to repair the vehicle, established by the external expert to the FRIJOC or after the repair, computing one day for every eight hours of work spent by the technician and using as a basis of quantification, The daily contracted occupancy rate, plus the € 40.00 per day provided in the previous stipulation, since the days of immobilization of the vehicle are considered as a non-return of the same, within the agreed period. The maximum amount of compensation to be paid by the Client shall be determined by the market value of the leased vehicle and in accordance with the "Ganvam / Eurotax" Guide, in force at the date of the claim.

7.3 Payment Method:

The credit card with which the reservation has been made must be presented by the cardholder at the moment of delivery of the vehicle. The credit card holder must be the person who will be the holder of the rental agreement.

The payment of the rental of the vehicle, insurance, optional protections, taxes, fees and other additional that the Client has contracted, will be made in the local currency.

8. Insurance and Coverage

Customer's liability is limited, under the terms set forth below, provided that Customer complies with the terms of the agreement and the loss or damage is not caused intentionally or through gross negligence on account of the gross negligence of any authorized driver or any driver not authorized:

8.1 The liability for loss or damage to the motor vehicle is limited to the full amount of the maximum deductible established in the FRIJOC General Tariff. If you accept the Collision Damage, Collision or Theft Option (hereinafter CDW), by affixing your Space specified in the contract and paying the specific daily cost for the purpose, its liability is limited to the amount established in the contract as a minimum deductible, according to the table in force at the date of rental.

8.2 The Customer may reduce the value of the security by paying a daily price, according to the table in force at the time of rental, by purchasing the SCDW insurance. What does not inhibit the  payment  stipulated amount of franchise, in case of an accident. (see item 8 in the table)

8.3 You may choose not to use any of the available insurance packages. Therefore, in the event of an accident, it will be responsible for the payment of the deductible and automatic blocking of the stipulated deposit.

9. Client's Obligations in Case of Accident and Other Circumstances

In the event of an accident, the Customer undertakes to:

1. Obtain and send to FRIJOC, within forty-eight hours after the incident, the complete data of the opposing party and possible witnesses, filling out an accident report in the form of a "Friendly Accident Statement - DAA- The name and address of the opposing party, the circumstances of the collision, an outline of the accident, the name of the insurance company and, where possible, the number of the insurance policy, all documents signed by the two drivers involved in the accident. Accident, or, if you do not have it, the "Claim Report", which will be provided by FRIJOC
2. Inform immediately the police and police forces (Public Security Police, Republican National Guard and Municipal Police) if the other party is to blame and whether to investigate and / or if there are any injuries.
3. Do not abandon the rented vehicle without taking appropriate measures for its protection. In the case of vandalism, fire, theft or disappearance of the vehicle, the Client undertakes to immediately notify FRIJOC of the occurrence and to make a corresponding denunciation before the authorities, with a copy that must be sent to FRJOC as soon as possible.
4. Contact the Travel Assistance Services, indicated in the General Rate, that has been delivered to you

10. Unauthorized use

The Customer must use the vehicle with the due diligence, according to the characteristics of the same, respecting the traffic rules applicable to motor vehicles and in accordance with the Road Code and other applicable legislation and avoiding, in any case, any situation Damage to the vehicle or to third parties.

It is also the obligation of the Customer not to permit the driving of the vehicle to a person other than those authorized under this contract, and the Customer shall be directly liable for any damage or loss occurring on the vehicle or third parties if it is permitted to do so happen.

In any situation that does not comply with the established in these paragraphs is understood as unauthorized use.

The Customer is entirely responsible for damages caused to the interior and exterior parts of the vehicle by the unauthorized use thereof, in which case it will be obliged to pay all expenses incurred in accordance with the provisions of item number 6 of this contract.

In the event of a lawsuit covering the foregoing situations, the Client shall pay all legal expenses, including court costs, attorneys' fees and solicitors, and, in case of conviction, the respective compensation that is established by judgment.

Unauthorized use includes and is not limited to the following cases which are described by way of example:

1. Push or tow any other vehicle.
2. Circulate in places that are not suitable for public transport, such as beaches, car circuits, forest roads, private roads, dirt roads, gravel roads or are not suitable for car traffic.
3. Circulate on unpaved or paved roads, but with serious deficiencies, which could cause damage to the underside of the vehicle.
4. Circulate with the vehicle through restricted areas, namely, airport runways and other avenues associated with the use of civil and military aviation.
5. Negligence in relation to the information transmitted in the instrument panel or warning signs of the rented vehicle and that the Client says knows with the signing of this contract.
6. Transport of goods or animals and especially dangerous, flammable and / or harmful substances for the vehicle and its occupants.
7. The transportation of persons or goods that directly or indirectly imply a payment to the Customer.
8. Sublease of the vehicle.
9. The use of the vehicle in any activity contrary to the law.
10. Carriage of a number of persons or amount of luggage greater than that authorized for the vehicle.
11. Any kind of manipulation or intervention in the odometer must be reported immediately to the FRIJOC or its malfunction.
12. Transport of luggage or any element on the roof of the vehicle, even using a device of its own.
13. Leave visible objects in the vehicle that could be stolen with consequent damage to the vehicle.
14. Soiling the interior of the vehicle beyond that implies a normal and careful use of it. Do not use the vehicle as a residence.
15. Driving the vehicle in a state of fatigue, illness or under the influence of alcohol, drugs or drugs.
16. Reckless driving.
17. Use of the vehicle for driving learning activities, under any circumstances, and / or the teaching of any special skills behind the wheel.
18. Driving contrary to traffic regulations.
19. Driving the vehicle rented by a person not authorized in the contract, either as Client / s and / or additional driver.
20. Driving the vehicle outside the island of São Miguel.
21. Use of the vehicle after the end of the rental period.
22. Unauthorized use by the Client shall entitle FRIJOC to terminate the Rental Agreement in advance for faulty non-compliance, requesting, if applicable, the respective damages.

11. Driving License

The Customer must have with him the corresponding valid driving license approved in the country of delivery of the FRIJOC vehicle.

The Customer is directly responsible for the validity and homologation of the driving license, and must keep FRIJOC intact under any concept.

12. Solidarity Responsibility

All additional Customers and / or authorized drivers will be jointly and severally liable for all obligations of the Client that appear in the Contract and applicable laws.

13. Theft and Loss of Personal Objects

FRIJOC is not responsible for stolen, lost or lost objects inside the vehicle.

14. Security deposit

At the time of signing the Contract, the Client may be required to deposit a security that may be proportional to the amount of the fare and the market value of the vehicle to ensure compliance with the general and particular conditions of the Contract, which may also be used to The fuel until the fuel is full. If it is agreed to extend the Contract, the said amount shall be increased in proportion to the number of days of the extension.

This amount will be returned to you once it has been finalized and after the pertinent proof of the condition of the vehicle and compliance with the general and particular conditions of the Contract. For this it may be necessary to withhold the bond until, at most, 30 days after the return of the vehicle.

15. Approved Required Retention Device for Children

In the case of the use of the vehicle for the transport of children under three years of age or greater but not exceeding 1.50 centimeters height, the Client must notify FRIJOC to be provided with a prepayment of the rental rate Corresponding and NOT FIXED ON THE VEHICLE, the corresponding mandatory restraint device approved according to the weight and height of the child or the person who is to use it.

Installation of the device will always be the responsibility of the Customer.

16. Computerized Treatment of Personal Data

For the purposes of the provisions of the legislation in force regarding the protection of personal data and services of the information society and electronic commerce, FRIJOC informs you that your personal data will be incorporated into a computer data file of a personal nature created And under the responsibility of this company, domiciled at Cristiano Frazão Pacheco street, nº38 Valados, Relva Ponta Delgada, in order to be able to manage contracted vehicle rental services, as well as to keep you informed of all offers, products and promotions , Own or third parties, that may be of interest to you, either by electronic mail or by any other equivalent means. In the case of commercial communications by electronic mail or by an equivalent means, the Customer gives its express consent to the sending of advertising through said means. Consent may be revoked at any time by a written request addressed to: Rua Cristiano Frazão Pacheco, 38 Valados - Relva - Ponta Delgada, or by e-mail to   frijocrentacar@gmail.com

In case of breach of this agreement by the Customer, your personal data may be revealed or communicated to third parties to the extent necessary to recover the damages inherent in the breach.

17. User Support

To make any request for information or to submit any suggestion, complaint or complaint you can contact FRIJOC, Rua Cristiano Frazão Pacheco, 38 Valados - Relva - P. Delgada, or by e-mail to  frijocrentacar@gmail.com

18. Applicable Law and Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of Portugal. FRIJOC declares its intention to resolve any divergence in a friendly manner. If this is not possible, any divergence that may arise between FRIJOC and the Customer shall be subject to the jurisdiction of the premises where the rental was initiated.

19. Translation

The translations of these General Conditions are merely informative and do not have binding legal character in the whole of their writing, and are valid only in Portuguese.