CAEL – Consórcio de Automóveis Excelsior, Lda. (hereinafter referred to as CAEL.) hires out to the Client who signs and thereby accepts this contract or the part whom the cost of the hire will be invoiced to according to indications furnished by the said Client (hereinafter referred to as Client), the Vehicle described (hereinafter referred to as Vehicle), on the following conditions:

1 – The Client shall return the Vehicle on the date previously stipulated, in the same condition in which he received it, safeguarding the respective use and natural wear, at the very place where the hire began, unless a different place has been expressly authorized by CAEL.

2 – According to the provisions of the Law, the Client here and now agrees to CAEL withdrawing the use of the Vehicle on expiry of the contract and likewise to CAEL cancelling the contract on the grounds of failure on the part of the Client to fulfill contractual clauses. The eventual extension of the hire must be authorized in advance and expressly by CAEL.

 

3 – The Vehicle cannot be used or driven:

a) Except by someone holding a driving license, valid in Portugal, for at least 2 years, and being not less than 23 years old;

b) While the driver is under the influence of alcohol or narcotics,

c) In sports, races or competitions;

d) For pushing or tugging any Vehicle or object;

e) When the capacity or weight allowed for the Vehicle is exceeded;

f) For carrying passengers or goods in exchange for any compensation explicit or implicit;

g) Outside the territorial boundaries of the Portuguese mainland, without prior written authorization from CAEL.

4 – Subletting of the hired Vehicle is not allowed, except on the terms and conditions provided by the Law.

5 – The Client shall pay CAEL, as soon as he is asked to do so, all the amounts corresponding to the cost of the hire stipulated in this contract and respective taxes applicable, as well as any other sums due for failure to fulfill the contract or other responsibilities assumed by the client. (Additional fees may be charged to the customer when the vehicle is delivered at the airports).

6 – The Client shall be responsible and liable for:

 

a) The expenses incurred with fuel, parking and tolls;

b) The fines, penalties or other judicial or administrative sanction by virtue of the use or driving of the Vehicle;

c) The damages sustained by the Vehicle through imprudent use or negligence, as well as the additional damages resulting from abandonment of the Vehicle;

d) The repair costs of damages caused by shock, collision or overturning of the Vehicle not exceeding the maximum liability mentioned in this contract (deductible);

e) Failure to present the Vehicle documents to the authorities.

7 – The Client exempts CAEL, as well as its agents or employees, from any responsibility for losses of or damages to his belongings or those of any other person, left or carried in the Vehicle, received or kept by CAEL, at any time before, during or after this contract of hire.

8 – CAEL accepts no responsibility whatever for delays or harm caused by mechanical troubles or accidents, although it will take every precaution and do its best to avoid such occurrences.

9 – The Vehicle is covered by an insurance policy in respect of third parties liability for the maximum amount prescribed by Law. In case of accident the Client undertakes to give notice of it to CAEL within a maximum period of 24 hours and to fill up completely the “amicable statement of automobile accident”, which he shall send to CAEL within 5 days at the latest. The Client or the driver further undertakes not to make any statement considering them guilty of the accident.

10 – If the hire concerns a Vehicle for Carriage of Goods the Client is hereby intimated that the Vehicle can only be driven by him, by members of his family living with him, or by workers in his employ duly identified as such, on the conditions indicated in 3.

11 – In Vehicles for Carriage of Goods the Client is only allowed to transport goods belonging to him or connected with his economic or professional activity.

12 – If the Client carry goods in Vehicles intended for passengers, he will be held responsible for doing so.

13 – Failure to return, no matter for what reason, any documents pertaining to the Vehicle and, likewise, one or more accessories thereof, will make the Client incur the respective liability. If the documents of the Vehicle are involved, the penalty shall be min. 150€.

14 – 1. If the client anticipates the rental agreement, he shall not be exempted from the obligation to pay the full price, previously established, and possible rental agreement recalculations

     – 2. If the client returns the vehicle earlier then the expected return date, Cael will not refund the client for the non-used days agreed on the rental agreement and/or reservation.
15 -

 

1. CAEL, acting as an independent data controller, may use Customer’s personal data (as well as those of any Authorized Driver) collected in connection with this Rental Agreement or any related agreement or service (“Customer Personal Data”), and disclose it, for the following purposes:

- Process Customer Personal Data to manage the rental and the commercial relationship, to communicate with the Customer or assist with the rental;

- Use the information provided by the Customer or Authorized Driver for verification and confirmation from credit agencies or other sources;

- Marketing and conducting satisfaction surveys, when there has been express consent of the Customer or the Authorized Driver;

- Store Customer's Personal Data relating to any incident involving the Customer or the Authorized Driver, in cases where, as a result of such incident it is considered that there may be a risk for future rental agreements, and in such cases also to be communicated to ARAC (Rental Cars Association) for inclusion in a database of non-compliant clients;

- To comply with other legal obligations, and to transmit to credit recovery companies, in case of breach of the Rental Agreement.

2. CAEL maintains Customer's Personal Data for certain periods of time or in compliance with specific laws or policies. The data collected for a particular purpose will only be used for this purpose and will be extinguished when that purpose is fulfilled. However, inactive personal data may continue to be used for statistical, marketing, archiving or other analytical purposes only.

3. The Client has the right to: (i) access and request the portability of his personal data; (ii) rectify and update his personal data (in cases where it is incorrect or incomplete); (iii) erase his personal data when CAEL no longer has legitimate reasons to maintain it’s treatment; (iv) limit the processing of his personal data; (v) oppose the processing of personal data made by CAEL in certain circumstances; and (vi) submit a complaint to the supervisory authority.

4. If the Customer has any queries regarding the use of his Personal Data, he should first contact CAEL through the e-mail rgpd@cael.pt or consult the Privacy Policy at www.cael.pt.

16 – In case of litigation between CAEL and the Client, both remain subject to and accept the jurisdiction of the Lisbon Courts, expressly renouncing any other.