Rental General Terms and Conditions

GENERAL TERMS AND CONDITIONS

1. GENERAL RENTAL TERMS AND CONDITIONS

1.1. OBJECT OF THE CONTRACT

The customer receives the rented vehicle, described in the Rental Agreement, in perfect working order, with all its documents, tires, tools and accessories, and undertakes to keep them and drive the vehicle in compliance with the rules expressed in the Highway Code and complementary legislation, as well as those set out in these General Rental Conditions, and may never drive the vehicle on dirt, gravel or similar roads.

Who is allowed to rent a car? Any individual who:

• • Is legally able to sign a contract with SUNSET and is prepared to take responsibility for the vehicle for the duration of the contract.
  • Holds a credit card, with the necessary credit limit, in the name of the driver or drivers indicated in the contract to cover the security deposit (excess).

2. THE RESERVATION

When you decide to rent a car through sunsetcar.pt, you will receive a reply within a maximum of 6 hours. If your reservation is accepted, a confirmation e-mail will be sent. If you book by telephone, e-mail or any other means of communication, you will receive the same response time. Please note that a CONFIRMED RESERVATION will only be considered to have been made upon payment and confirmation of payment. The client undertakes to pay SUNSET for their reservation within a maximum of 24 hours. After this period, the reservation is considered cancelled

2.1. DURATION OF THE CONTRACT

The duration of the contract is stated on the front of the rental agreement, which specifies the date and time of delivery and return of the vehicle. The rental days will be counted in 24-hour periods, starting from the exact time the customer rented the vehicle, until its return. The courtesy period for returning the vehicle will be 30 minutes, but this is subject to prior authorization from SUNSET, failing which an extra day’s rental will be charged. If the client decides to terminate the contract early, the amount corresponding to the days they did not use the vehicle will be retained in full as compensation.

2.2. CHANGES TO RESERVATIONS / CANCELLATIONS.

If you wish to cancel your booking, please note that the Basic Protection Package is non-refundable for changes and/or cancellations. The PREMIUM, GOLD and DIAMOND packages allow changes and/or cancellations up to 96 hours before the start of the rental. However, you can add the extra Cancellation Fee on SUNSET which allows changes/cancellations up to 24 hours. The amount returned will be equal to the amount paid, minus the amount of administrative costs, minus the amount of return costs and minus the bank’s costs (which vary from bank to bank).

3. EXTENSION OF THE CONTRACT

The customer is obliged to return the vehicle on the date and at the time indicated in paragraph 2.1. If the customer wishes to extend the rental period, he/she must go to the SUNSET service desk or call +351 910382415 and request the extension and sign it. Under no circumstances may the amount deposited as a security deposit be used to extend the contract. Therefore, if the contract is extended, the customer must make an additional payment for the new extension. If the contract cannot be extended because there are no vehicles available or for any other reason, the customer must return the vehicle to the station on the agreed date and time. When requesting the extension of the contract, it may be necessary, depending on the initial conditions of the contract, to conclude a new contract, at which point the current contract will be considered terminated.

4. RETURNING THE VEHICLE

The customer is obliged to return the rented vehicle in the same condition in which it was delivered, together with all its documents, tires, tools and accessories, at the place, date and time stipulated in the rental contract. The customer may not modify any technical feature of the vehicle, its keys, equipment, tools and/or accessories, or make any changes to its exterior and/or interior appearance.Otherwise, the customer must bear the costs of restoring the vehicle to its original condition, as well as the damages and losses caused to SUNSET due to the reconditioning of the vehicle, due to the time it is immobilized, and any other damages caused to SUNSET.

1. 1. The Rental Period ends when you return the vehicle to the SUNSET station and hand over the key to a SUNSET
   2. If you return the vehicle before the date mentioned in the Rental Agreement, you will not be entitled to any refund.
   3. When returning the vehicle, you must inspect it together with the SUNSET representative and sign the post-hire damage report.
   4. SUNSET is not responsible for any goods or objects that may be left in the vehicle.

5. EFFECTS OF NOT RETURNING THE VEHICLE

1. 1. The amount of the rental corresponding to the days needed to repair the vehicle and make it available for rental;
   2. An indemnity corresponding to € 50.00 per day for the economic damage caused by the immobilization of the vehicle;
   3. Plus the costs of travel/trailing, tolls and storage/custody – if any – to the place agreed in the contract for the return of the vehicle;
   4. SUNSET reserves the right to take appropriate legal action in the event of the disappearance or non-return of the vehicle and before the competent authorities (judicial and police), with the customer bearing full responsibility for any legal consequences that may arise;
   5. Unilateral extension by the customer of the duration of the contract shall be considered unauthorized (abusive) use of the vehicle for the purposes of the customer’s liability for any damage to the vehicle.

5.1. PAYMENTS

The client commits to paying SUNSET:

All charges for the rental of the vehicle, insurance and taxes determined in the rate at the time of booking, which has been previously notified to the client. The application of the initially agreed rate is subject to the car being returned at the place, date and time specified. Rates may vary depending on the season and the location. Therefore, before hiring a vehicle, the customer is responsible for checking the rate applied to them.

1. 1. The amount associated with the contract’s fuel policy.
   2. Other contractual provisions may apply to the Customer, in accordance with the contractual and commercial conditions offered by SUNSET.

5.2. PAYMENTS AS A RESULT OF IMPROPER USE

After the rental of the vehicle has been completed, the Customer commits to paying SUNSET the amounts resulting from the following concepts:

1. 1. For cleaning the vehicle, which must be returned in the same condition as it was delivered.
   2. The costs caused by the loss of documents and/or keys to the vehicle, and/or sending the keys to the corresponding station, in cases of loss, theft, return of the vehicle keys to a station other than the one where the vehicle was actually returned, or any other situation in which the vehicle is immobilized due to the client, the client will have to pay compensation to SUNSET in the amount of the budget for the replacement of the key.

Expenses caused by the loss, theft, deterioration or damage of any element of the vehicle, or the entire vehicle, as well as problems arising from an error in the type of fuel supplied. Fines, penalties and legal and administrative costs caused by traffic violations or violations of laws, regulations or decrees (including those provided for in the Highway Code) will be paid by the customer for the duration of this contract and which have been satisfied by SUNSET. Without prejudice to the foregoing, SUNSET reserves the right to charge the customer an additional fee of €50.00 for administrative costs incurred as a result of the costs of processing and reporting such acts to the relevant authorities. The costs of repairing the damage caused to the vehicle in the event of an accident, when any of the following circumstances occur:

1. 1. The vehicle has not been used in accordance with the established conditions.
   2. That the accident report – either in the form of a ‘Friendly Accident Report’ (FAD) or a ‘Claim Report’ – has not been completed and delivered to SUNSET within the time limit indicated, or that it does not correspond to the reality of the facts that have occurred.
   3. That the damage is the result of an accident due to the customer not having correctly assessed the height of the vehicle.
   4. That the corresponding extra insurance has not been taken out.
   5. The costs inherent in the ‘Administrative and accident processing costs’ of a maximum of €50.00.

The amounts derived from these items will be charged by SUNSET directly to the customer via the electronic payment system or equivalent used for the contracting of the vehicle, the customer expressly authorizing SUNSET to make these charges.

In all cases, SUNSET will immediately inform the customer of the respective charges and the reasons for them, providing the customer with as much information as possible.

The amount of the charges applicable to the customer for damage caused to the vehicle will be calculated in accordance with the price tariff published in the annex to these conditions, of which the customer declares that he is aware and agrees with. When the damage caused is not covered by the aforementioned price list, an estimate will be obtained from the workshop of the vehicle’s make.

SUNSET also reserves the right to demand compensation from the customer for the immobilization of the vehicle as a result of the damage. This compensation will be calculated according to the number of days needed to repair the vehicle and using the contracted daily occupancy rate as the basis for quantification, plus the €50.00 per day provided for in the previous stipulation, since the days the vehicle is immobilized are considered to be a failure to return the vehicle within the agreed period.

6. FORMS OF PAYMENT

7. DEPOSIT

8. FUEL DEPOSIT

The Fuel Deposit will be charged at the beginning of the booking in the amount of €100.00 for all coverages (BASIC, PREMIUM, GOLD or DIAMOND) and will be returned at the end when the fuel is checked by the SUNSET representative, with the exception of MOTORCYCLES for which the deposit will be €50.00.

9. INSURANCE AND COVERAGES

9.1. BASIC COVERAGE (Compulsory insurance and civil liability for third parties)

Rental rates include compulsory car insurance and third-party liability insurance for damages arising from the use and circulation of the vehicle. This cover is guaranteed and assumed by the insurance company with which SUNSET has contracted the corresponding insurance policy and is subject to the general and specific clauses of the policy and the law in force. This cover is valid provided that the following conditions are met:

1. 1. In the event of a collision, the Customer must immediately contact SUNSET so that an accident report can be completed in the form of a ‘Friendly Accident Statement’ (FAD) – specifying the license plate number, the name and address of the other parties, the circumstances of the collision, a sketch of the accident, the name of the insurance company and, where possible, the insurance policy number, all signed by the two drivers involved in the accident;
   2. That the insurance company does not reject the claim as a result of not driving the vehicle in the physical and mental condition required by the Highway Code.
   3. That the collision, theft, fire or act of vandalism did not occur in the course of unauthorized use in breach of any of the conditions set out in this document;
   4. That the Client has informed SUNSET of the collision, theft, fire or act of vandalism caused to the vehicle immediately, providing the relevant documentation (accident report, complaint to the authorities, etc.).
   5. Additional PREMIUM, GOLD or DIAMOND cover can be taken out at the time of booking, when the contract is opened, depending on the Customer’s preference.

ARE EXPRESSLY EXCLUDED FROM THIS PROTECTION:

1. 1. Damage to tires, rims, interior of the vehicle, interior/exterior mirrors, windows, trims and any damage to the bodywork of the vehicle.
   2. Punctures and burst tires.
   3. Damage to the clutch and gearbox.
   4. The number of days the vehicle is at a standstill until it is repaired.
   5. Towing and repatriation costs.
   6. Recharge of the battery.

9.2. PREMIUM COVERAGE

By purchasing PREMIUM coverage, the customer is exempt from paying the associated excess in the event of an accident and/or damage resulting from a collision, theft or attempted theft. As long as the accident/damage is not the result of a negligent act of driving, which invalidates the purchase of the extra coverage, then the customer is liable for all damages to SUNSET as well as to all third parties involved in the accident/damage. Driving by people not identified in the rental contract violates the terms and conditions herein, thus invalidating the extra cover purchased, and the holder of the contract is therefore liable to pay all damages to SUNSETas well as all third parties involved in the accident/damage, provided that the accident/damage is not the result of negligent driving, or gravel, dirt or otherwise unroadworthy roads.

ARE EXPRESSLY EXCLUDED FROM THIS PROTECTION:

1. 1. Damage to tires, rims, interior of the vehicle, interior/exterior mirrors, windows, trims and any damage to the bodywork of the vehicle.
   2. Punctured and burst tires.
   3. Damage to the clutch and gearbox.
   4. The number of days the vehicle is at a standstill until it is repaired.
   5. Towing and repatriation costs.
   6. Recharging the battery.

9.3. GOLD COVERAGE

By purchasing GOLD coverage, the customer is exempt from paying any deductible in the event of an accident and/or damage. Provided that the accident/damage is not the result of a negligent act of driving which invalidates the purchase of the extra cover, the customer is thus liable for all damages to SUNSET as well as to all third parties involved in the accident/damage. Driving by people not identified in the rental contract violates the terms and conditions listed herein, thus invalidating the extra cover purchased, and the holder of the contract is therefore liable to pay all damages to SUNSET as well as to all third parties involved in the accident/damage, provided that the accident/damage is not the result of negligent driving, or gravel, dirt or otherwise unfit roads.

The following are EXPRESSLY EXCLUDED FROM THIS PROTECTION:

• 1. Damage to tires, rims, vehicle interior;
  2. Punctured and burst tires;
  3. Damage to the clutch and gearbox.

9.4. DIAMOND COVER

With the purchase of DIAMOND COVERAGE, the customer is exempt from paying any deductible in the event of an accident and/or damage. Provided that the accident/damage is not the result of a negligent act of driving that invalidates the purchase of the extra cover, the customer is thus liable for all damages to SUNSET as well as to all third parties involved in the accident/damage. Driving by people not identified in the rental contract violates the terms and conditions listed here, thus invalidating the extra cover purchased, and the contract holder is therefore liable to pay all damages to SUNSET as well as to all third parties involved in the accident/damage, provided that the accident/damage is not the result of negligent driving, or gravel, dirt or otherwise unfit roads.

THE DIAMOND COVER INCLUDES:

• 1. Total Self Damage Cover
  2. Theft Protection
  3. Bodywork Damage
  4. Windshield Coverage
  5. Headlights
  6. Lights
  7. Wheels and Tires
  8. Under Vehicle Damage
  9. Roadside Assistance PLUS
  10. Personal Accident Cover.

9.5. RIMS AND TIRES COVER

With the purchase of RIM AND TIRE cover, the customer is exempt from paying any damages in the event of an accident and/or damage to the vehicle, provided that the accident/damage is not the result of negligent driving, or roads with gravel, dirt or otherwise unfit for traffic.

9.6. GLASS BREAKAGE COVER

9.7. CANCELLATION FEE

With the purchase of the CANCELLATION FEE, the Customer can make changes or Cancellations within 24 hours. Please note that changes can be made as long as the vehicle is available. It is important to note that in the event of cancellation, the amount will be refunded with expenses in accordance with point 2.2.

10. ANNULMENT OF EXTRA COVER DUE TO NEGLIGENCE

Any action that violates the points listed in this document will be considered an act of negligence, which will invalidate any type of cover that has been purchased.

In this case, the excess associated with the rental or even the excess exemption will not be available and the customer will be responsible for paying all damages caused to SUNSET as well as immobilization fees due to the fact that the vehicle cannot be rented while it is being repaired. In the event of cancellation of the excess due to negligence, the Customer is liable for all damages, with the maximum ceiling for this liability being the commercial value of the vehicle, defined in the tables for this purpose (e.g. EuroTax), on the date the Rental Agreement began.

Driving by unauthorized people, under the influence of alcohol or drugs, violations of the Portuguese Traffic Code, driving on gravel/dirt roads for which the vehicle is not prepared, a burnt clutch, are some examples that will be considered acts of negligent driving and will therefore invalidate any type of extra cover purchased.

10.1. PURCHASE OF EXTRA COVER

Extra coverage can be purchased at the time of booking and upon delivery of the vehicle, i.e. at the start of the Rental Contract. If any extra insurance cover is requested during the course of the Rental Agreement, the Customer must, before it can be accepted by SUNSET and then declared void, go to a SUNSET station so that the vehicle can be inspected to check whether or not it has any new damage, by comparing it with the damage report submitted at the beginning of the Rental Agreement.  If there is new damage, the Customer must first pay off the value of this new damage and only then can the extra insurance protection be purchased and made active.

11. UNAUTHORIZED USE

The Customer must use the vehicle with due diligence, in accordance with its characteristics, respecting the traffic rules applicable to motor vehicles and in accordance with the Highway Code and other applicable legislation and avoiding, in any case, any situation that may cause damage to the vehicle or to third parties. It is also the Customer’s obligation not to allow the vehicle to be driven by people other than those authorized under the Rental Agreement, and the Customer is directly responsible for any damage or injury to the vehicle or third parties if they allow this to happen. Any situation in which the provisions of these paragraphs are not complied with shall be considered unauthorized use.

The Customer is fully responsible for any damage caused to the interior and exterior parts of the vehicle by unauthorized use of the same, in which case the Customer will be obliged to pay all costs incurred. In the event of legal action covering the above situations, the Customer shall pay all legal costs, including court fees, lawyers’ and solicitors’ fees, and, in the event of a conviction, the respective compensation fixed by judgment.

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

1. 1. Pushing or towing any other vehicle.
   2. Driving in places that are not suitable for public transport, such as beaches, car circuits, forest paths, private roads, dirt roads, gravel roads or those that are not suitable for car traffic.
   3. Driving on unpaved roads, or on paved roads with serious deficiencies that could cause damage to the underside of the vehicle.
   4. Driving the vehicle through restricted areas, specifically airport runways and other routes associated with civil and military aviation.
   5. Negligence regarding the information transmitted on the instrument panel or warning signs of the rented vehicle and which the Customer claims to be aware of by signing this Rental Agreement.
   6. Transportation of goods or animals and especially dangerous, flammable and/or harmful substances for the vehicle and its occupants.

1. 7. The transportation of people or goods that directly or indirectly involve payment to the customer.
   8. Subletting the vehicle.
   9. The use of the vehicle in any activity contrary to the law.
   10. Transporting more people or luggage than is authorized for the vehicle.
   11. Tampering with the odometer in any way.
   12. Leaving objects in plain sight in the vehicle that could be stolen with consequent damage to the vehicle.
   13. Dirtying the interior of the vehicle beyond what is implied by normal, careful use.
   14. Driving the vehicle in a state of fatigue, illness or under the influence of alcohol, medication or drugs.
   15. Reckless driving.
   16. Using the vehicle to learn to drive, under any circumstances, and/or to teach any special driving skills.
   17. Driving contrary to traffic regulations.
   18. Driving of the rental car by people unauthorized by the Rental Contract, whether as Customer/s and/or additional driver/s.
   19. Driving the vehicle outside the geographical limits established in the specific conditions for the service station where the rental originated.
   20. Use of the vehicle after the end of the rental period.
   21. Unauthorized use by the customer will allow SUNSET to terminate the Rental Contract in advance for culpable breach of the same, requesting, where appropriate, the respective compensation for losses and damages.

12.  DRIVING LICENCE

The customer must have a current driving license approved in the country of delivery of the SUNSET vehicle with at least ONE year’s seniority/experience. At the same time, the minimum age of the customer must be TWENTY-FIVE YEARS.

12.1. YOUNG DRIVER RATE UP TO 25 YEARS OLD

Customers can add the Young Driver rate to their booking, but they must have at least ONE year’s seniority/experience and it is limited to GROUP E.

13. JOINT AND LIABILITY

All Customers and/or additional drivers included in the Rental Agreement will be jointly and severally liable for all the Customer’s obligations included in the Rental Agreement and the laws applicable to the same.

13.1. DAMAGE IDENTIFIED ON SITE AT THE TIME OF RETURN

If new damage is identified during the inspection of the vehicle upon its return, the SUNSET representative will be responsible for entering it into the system so that it can be duly charged to the customer, in accordance with the damage table in force, which was known to the customer at the start of the Rental Agreement, provided that:

1. 1. The damage to the vehicle does not require an estimate from the brand’s official workshop. In this case, the excess (security deposit) will be withheld until the workshop provides the official estimate.
   2. Any broken part cannot be repaired and therefore incurs the procedures in the previous line.

Refusal to pay for damage to the vehicle under the Rental Agreement will give rise to legal proceedings and actions, with the customer bearing all responsibility for the cost of the vehicle, as well as court costs, lawyers’ and solicitors’ fees and, in the event of a conviction, the respective compensation that is set by judgment.

13.2. PRICE LIST FOR DAMAGES

ATTENTION the amounts shown in the table below are exclusive of VAT. This table does NOT cover repairs requiring the replacement of parts. In this case, a quotation will have to be obtained from the brand’s workshop.

14. CAR MAINTENANCE PROCEDURES

During the rental period, you must take all the necessary protective measures to keep the vehicle in the same condition as it was delivered. You must pay attention to any warning lights on the dashboard and inform SUNSET immediately so that instructions can be given on the correct procedure to take. Any hidden information that occurs during the Rental Contract that is not reported, falls under the responsibility of the customer. The Vehicle is supplied with tires, in the number and condition that meet the requirements of the Highway Code. In the event of any of them being damaged beyond normal wear and tear, latent defect or force majeure, you will be obliged to immediately replace them, at your own expense, with a tire of the same size, type and brand.

Any modification or mechanical intervention on the Vehicle is prohibited. If you violate this rule, you will have to bear the costs of restoring the Vehicle to the same condition in which it was delivered to you and you will be liable to SUNSET for any damages arising from the violation of the above conditions regarding maintenance obligations.

15. FUEL POLICY: FULL/FULL

All SUNSET vehicles are delivered with a FULL tank of gasoline, diesel or electric, this being the level recorded on the Rental Agreement. It is important to check the fuel level with your SUNSET representative. After verification, €100.00 (fuel deposit) will be blocked, this will be returned at the end of your reservation, and upon verification of the fuel level, with the SUNSET representative, if you do not return the vehicle with the same fuel level registered in the Rental Agreement, the amount of the deposit will be fully retained. It is important to know that, after checking with the SUNSET representative, no photos or telephone calls reporting other fuel levels will be accepted.