GENERAL RENTAL TERMS AND CONDITIONS
The following are the General Terms and Conditions of the Rental Agreement for Vehicles Without a Driver (hereinafter the “Agreement”), entered into between Benauto Rent a Car (hereinafter “Benauto”) and the customer (hereinafter the “Customer”). The identification details of both parties are set out on page 1 of the Agreement.
1 - Subject Matter of the Agreement
The Customer receives the rented vehicle described in the Rental Agreement in perfect working condition, together with all its documents, tyres, tools and accessories, and undertakes to maintain them and drive the vehicle in compliance with the Portuguese Highway Code, all other applicable legislation and these General Terms and Conditions.
2 - Duration of the Agreement
The duration of the Agreement is specified on page 1, which states the date and time of collection and return of the vehicle.
Rental days are calculated in 24-hour periods, beginning at the exact time the Customer rents the vehicle and ending when the vehicle, its keys and documentation are returned to Benauto.
A grace period of 59 minutes applies to the return of the vehicle. After this period, a late-return penalty will be charged, together with the amount corresponding to the additional rental days and any applicable extras.
The Rental Agreement may not exceed a maximum duration of 89 days.
If the Customer decides to terminate the Agreement early, the amount corresponding to the unused rental days (including taxes) will be retained in full as compensation.
Likewise, Benauto may terminate the rental before the date stated in the Agreement due to misuse of the vehicle and/or breach of the Agreement's provisions, and may repossess the vehicle at any time without prior notice, at the Customer's expense.
3 - Extension of the Agreement
The Customer is obliged to return the vehicle on the date and at the time specified on page 1.
If the Customer wishes to extend the rental period, they must visit Benauto's premises and sign an extension. No Agreement may be extended by telephone or any other electronic means of communication unless page 1 states otherwise.
Under no circumstances may the security deposit be used to pay for an extension. Accordingly, if the Agreement is extended, the Customer must make an additional payment for that extension.
If the Agreement cannot be extended because no vehicles are available or for any other reason, the Customer must return the vehicle at the agreed date and time to the rental location specified in the Agreement.
When requesting an extension, depending on the initial conditions of the Agreement, a new agreement may be required, in which case the existing Agreement shall be deemed terminated.
4 - Cancellation, No-Show and Reservation Amendment Policy
A confirmed reservation may be cancelled at any time before collection of the vehicle. However, the deposit paid to secure the reservation is non-refundable, including in the event of a Customer no-show.
The reservation may be amended before or during the rental, subject to the conditions of this Agreement and Benauto's vehicle availability.
5 - Conditions for Returning the Vehicle
The Customer shall return the rented vehicle in the same condition in which it was delivered, together with all its documents, tyres, tools and accessories, at the place, date and time specified in the Rental Agreement.
The Customer may not alter 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 shall bear the costs of restoring the vehicle to its original condition, as well as any damage or losses suffered by Benauto due to reconditioning, the period during which the vehicle is unavailable, and any other damage caused to Benauto.
The vehicle must be returned with a full fuel tank, as supplied. If the vehicle is returned without a full tank, the Customer will be charged for the missing fuel in proportion to the amount required, according to the General Tariff attached to this Agreement.
6 - Consequences of Failure to Return the Vehicle
Returning the vehicle on a date or at a time other than those specified in the Agreement entitles Benauto to charge the rental amount corresponding to the days of delay, plus a penalty of €40.00 for each day of delay to compensate for the economic losses caused by the vehicle's unavailability.
If Benauto delays delivery of the vehicle by more than 59 minutes after the Rental Agreement has been signed, the Customer shall be compensated by the same amount.
Likewise, returning or abandoning the vehicle at a location other than that specified in the Agreement entitles Benauto to claim, cumulatively:
(i) the rental amount corresponding to the days required to repair the vehicle and make it available for rental again;
(ii) compensation of €40.00 per day for the economic losses resulting from the vehicle being out of service;
(iii) any applicable costs of transport, towing, repatriation, tolls and storage/custody until the vehicle reaches the agreed return location.
Benauto reserves the right to bring any appropriate legal proceedings in the event of the disappearance or non-return of the vehicle and to refer the matter to the competent judicial, police and administrative authorities. The Customer shall be responsible for all resulting legal consequences, including court costs, fines and penalties.
Any unilateral extension of the Agreement by the Customer shall be deemed unauthorised (abusive) use of the vehicle for the purpose of determining the Customer's liability for any damage to the vehicle.
7 - Payments and Payment Methods
7.1 - Payments
The Customer undertakes to pay Benauto:
(a) The charges for vehicle rental, optional protection products and taxes established in Benauto's current tariff (hereinafter the “General Tariff”), which has been communicated to the Customer in advance and accompanies this Agreement. The initially agreed tariff applies provided that the vehicle is returned at the agreed place, date and time. Rates may vary by season, and the Customer is responsible for checking the applicable rate before renting a vehicle.
(b) Any other charges in accordance with the contractual and commercial conditions offered by Benauto and stated in the Agreement.
7.2 - Payments Resulting from Improper Use by the Customer
Following the end of the vehicle rental, the Customer undertakes to pay Benauto, regardless of the coverage purchased, the amounts arising from the following:
(a) A “special cleaning” charge for the cost of additional cleaning where the vehicle is returned in a manifestly unacceptable condition, up to a maximum of €150.
(b) Charges arising from the loss of vehicle documents or keys and/or the dispatch of keys to the appropriate rental station in cases of loss, theft, return of keys to a station other than the actual vehicle return station, or any other situation in which the vehicle is immobilised due to the Customer. In such cases, the Customer must pay Benauto fixed compensation of €400.00.
(c) Charges arising from damage to, or loss of effectiveness of, the clutch, at a fixed amount of €850. For these purposes, such damage or loss of effectiveness shall be considered to have been caused by the Customer while driving.
(d) The cost of transporting the vehicle by tow truck in the circumstances provided for in the various clauses of this Agreement.
(e) Expenses resulting from the loss, theft, deterioration or damage of any part of the vehicle, including seats, mats or dashboard, or of the entire vehicle, as well as problems resulting from refuelling with the wrong type of fuel.
(f) Fines, penalties, sanctions, legal expenses and administrative costs arising from traffic offences or breaches of laws, regulations or decree-laws (including the Portuguese Highway Code) governing road traffic, incurred during the term of this Agreement and paid by Benauto, shall be borne by the Customer.
(g) Without prejudice to the preceding paragraph, Benauto reserves the right to charge the Customer an additional €40 administrative fee for the costs incurred in processing and communicating such matters to the relevant authorities.
(h) The cost of repairing damage to the vehicle in the event of an accident where any of the following circumstances apply:
(i) Accident administration and processing costs, up to a maximum of €150.
Amounts arising from these items shall be charged directly by Benauto to the Customer using the electronic payment method, or an equivalent method, used to rent the vehicle. The Customer expressly authorises Benauto to make such charges.
In all cases, Benauto shall promptly inform the Customer of the amount charged and the reasons for the charge, providing as much supporting information as possible.
The amount charged to the Customer for damage to the vehicle shall be calculated on the basis of an assessment by an expert appraisal firm independent of Benauto. Where such an assessment cannot be obtained, the amount shall be based on an initial assessment by Benauto's qualified staff, in accordance with the rates and price list in force on the rental date, which the Customer declares they know and accept.
The foregoing is without prejudice to any subsequent settlement and adjustment following a repair estimate issued by a workshop or an assessment by an expert appraisal firm independent of Benauto.
Benauto also reserves the right to claim compensation from the Customer for the vehicle being out of service as a result of damage.
Such compensation shall be calculated according to the number of days required to repair the vehicle, as determined by an expert independent of Benauto or after completion of the repairs, counting one day for every eight hours of work performed by the technician. The calculation shall be based on the contracted daily rental rate plus the €40.00 per day referred to above, since days when the vehicle is out of service are treated as days of non-return within the agreed period.
The maximum compensation payable by the Customer shall be determined by the market value of the rented vehicle, in accordance with the “Ganvam/Eurotax” guide in force on the date of the incident.
7.3 - Payment Method
At the time of vehicle collection, only payments by electronic means/bank card will be accepted.
The bank card used to make the reservation must be presented by its holder when collecting the vehicle. The cardholder must be the person named as the holder of the Rental Agreement.
Payment for the vehicle rental, insurance, optional protection, taxes, fees and any other extras purchased by the Customer shall be made in euros.
8 - Insurance and Coverage
The Customer's liability is limited as described below, provided that the Customer complies with the terms of the Agreement and that the loss or damage was not caused intentionally or through gross negligence by the Customer, any authorised driver or any unauthorised driver.
8.1 - Liability for loss of or damage to the vehicle is limited to the full amount of the maximum excess specified in Benauto's General Tariff under Collision Damage Waiver (CDW) coverage.
If the Customer accepts the option to waive the excess for damage, collision or theft, referred to internationally as Super Collision Damage Waiver (SCDW), by initialling the relevant section of the Agreement and paying the applicable daily charge, their liability shall be limited to damage arising from misuse or improper use of the vehicle. This coverage does not include damage to tyres or wheel rims.
8.2 - The Customer may insure against damage to tyres and/or wheel rims by purchasing and paying for Tyre and Wheel Rim Insurance.
8.3 - The Customer may insure against death or disability, including medical treatment expenses resulting from an accident involving the rented vehicle, by purchasing Personal Accident Insurance (PAI), up to the amount insured under the policy.
8.4 - As established in Section 4, the initial payment of 50% of the total reservation amount is non-refundable. However, the Customer may obtain a refund by purchasing Cancellation/Prepayment Insurance. In that case, if cancellation occurs more than 48 hours before the start of the rental, the Customer will be refunded the amount already paid, less the cost of the Cancellation/Prepayment Insurance.
9 - Customer Obligations in the Event of an Accident or Other Circumstances
In the event of an accident, the Customer undertakes to:
(a) Obtain and send to Benauto, within 48 hours of the incident, full details of the other party and any witnesses, by completing a European Accident Statement (DAA) specifying the registration number, name and address of the other party, the circumstances of the collision, a sketch of the accident, the name of the insurance company and, where possible, the insurance policy number. All documents must be signed by both drivers involved. If the European Accident Statement is unavailable, the Customer must complete the Incident Report provided by Benauto.
(b) Immediately notify the relevant police authorities (Public Security Police, National Republican Guard or Municipal Police) if the other party is at fault and the incident requires investigation and/or if anyone is injured.
(c) Not abandon the rented vehicle without taking appropriate steps to protect it.
In the event of vandalism, fire, theft or disappearance of the vehicle, the Customer undertakes to notify Benauto immediately, report the incident to the authorities, obtain a copy of the report and send it to Benauto as soon as possible.
(d) Contact the roadside assistance services indicated in the General Tariff provided to the Customer.
10 - Unauthorised Use
The Customer must use the vehicle with due care, in accordance with its characteristics, observing the traffic rules applicable to motor vehicles, the Portuguese Highway Code and all other applicable legislation, and avoiding any situation that may cause damage to the vehicle or third parties.
The Customer must not allow anyone other than a driver authorised under this Agreement to drive the vehicle. If the Customer permits this, they shall be directly liable for any damage or loss caused to the vehicle or third parties.
Failure to comply with these provisions shall constitute unauthorised use.
The Customer is fully responsible for damage to the interior and exterior of the vehicle arising from unauthorised use and must pay all expenses in accordance with Section 6 of this Agreement.
If legal proceedings arise from any of the foregoing situations, the Customer shall pay all legal expenses, including court costs and lawyers' and solicitors' fees, and, in the event of an adverse judgment, any compensation awarded by the court.
Unauthorised use includes, without limitation, the following examples:
(a) Pushing or towing another vehicle.
(b) Driving in places unsuitable for public traffic, such as beaches, motor racing circuits, forest tracks, private roads, dirt roads, gravel roads or roads unsuitable for motor vehicles.
(c) Driving on unpaved roads or paved roads with serious defects that could damage the underside of the vehicle.
(d) Driving in restricted areas, particularly airport runways and other roads associated with civil or military aviation.
(e) Ignoring information on the instrument panel or warning signals in the rented vehicle, which the Customer acknowledges being aware of by signing this Agreement.
(f) Transporting goods or animals, especially dangerous, flammable and/or harmful substances that may affect the vehicle or its occupants.
(g) Transporting people or goods in exchange for direct or indirect payment to the Customer.
(h) Subletting the vehicle.
(i) Using the vehicle for any unlawful activity.
(j) Carrying more passengers or luggage than the vehicle is authorised to carry.
(k) Any tampering with or intervention in the odometer. Any malfunction of the odometer must be reported immediately to Benauto.
(l) Carrying luggage or any other item on the vehicle's roof, even when using a dedicated roof-mounted device.
(m) Leaving items visible inside the vehicle that may be stolen, resulting in damage to the vehicle.
(n) Soiling the vehicle's interior beyond what is expected from normal, careful use, or using the vehicle as accommodation.
(o) Driving while fatigued, ill or under the influence of alcohol, medication or drugs.
(p) Reckless driving.
(q) Using the vehicle for driving lessons under any circumstances and/or for teaching any special driving skill.
(r) Driving in breach of traffic regulations.
(s) Allowing the rented vehicle to be driven by a person not authorised under the Agreement, whether as a Customer or additional driver.
(t) Driving the vehicle outside the island of São Miguel.
(u) Using the vehicle after the rental period has ended.
Unauthorised use by the Customer entitles Benauto to terminate the Rental Agreement early due to the Customer's breach and, where applicable, claim compensation for losses and damage.
11 - Driving Licence
The Customer must carry a valid driving licence recognised in the country where the Benauto vehicle is delivered.
The Customer is directly responsible for ensuring that their driving licence remains valid and recognised, and shall hold Benauto harmless in this respect.
12 - Joint and Several Liability
All Customers and/or authorised additional drivers shall be jointly and severally liable for all obligations of the Customer under the Agreement and the laws applicable to it.
13 - Theft and Loss of Personal Belongings
Benauto is not responsible for items stolen, forgotten or lost inside the vehicle.
14 - Security Deposit
Upon signing the Agreement, the Customer may be required to provide a security deposit in the amount specified in the Tariff, to guarantee compliance with the General and Special Terms and Conditions of the Agreement. The deposit may also be used to pay for fuel needed to refill the vehicle's tank. If an extension is agreed, the deposit amount must be increased proportionally to the number of additional days.
The security deposit shall be released once the Agreement has ended and the relevant checks of the vehicle's condition and compliance with the General and Special Terms and Conditions have been completed. The actual availability of the released deposit depends exclusively on the issuer/bank of the Customer's card and may take several days.
15 - Approved Mandatory Child Restraint Systems
If the vehicle is to be used to transport children under three years of age or older children who do not exceed 1.50 metres in height, the Customer must inform Benauto so that an appropriate approved mandatory child restraint system can be supplied, subject to advance payment of the applicable rental fee, WITHOUT BEING INSTALLED IN THE VEHICLE, according to the weight and height of the child or person who will use it.
Installation of the restraint system shall always be the Customer's responsibility.
16 - Computerised Processing of Personal Data
For the purposes of the legislation in force concerning personal data protection, information society services and electronic commerce, Benauto informs the Customer that their personal data will be included in a computerised personal data file created and managed by this company, whose registered address is [BENAUTO RENT A CAR ADDRESS]. This is for the purpose of managing the contracted vehicle rental services and keeping the Customer informed about offers, products and promotions, whether Benauto's own or those of third parties, that may be of interest to the Customer, by email or any equivalent means.
In the case of commercial communications by email or equivalent means, the Customer gives their express consent to receiving advertising through those channels. Consent may be withdrawn at any time by sending a written request to [BENAUTO RENT A CAR ADDRESS] or by email to [BENAUTO RENT A CAR EMAIL].
In the event of a breach of this Agreement by the Customer, their personal data may be disclosed or communicated to third parties to the extent necessary to recover losses resulting from the breach.
17 - Customer Support
To request information or submit suggestions, complaints or grievances, the Customer may contact Benauto at [BENAUTO RENT A CAR ADDRESS] or by email at [BENAUTO RENT A CAR EMAIL].
18 - Applicable Law and Jurisdiction
This Agreement shall be governed by and interpreted in accordance with Portuguese law. Benauto declares its intention to resolve any dispute amicably. If this is not possible, any dispute between Benauto and the Customer shall be subject to the jurisdiction of the courts of the location where the rental began.
19 - Translation
Translations of these General Terms and Conditions are provided for information purposes only and are not legally binding in their entirety. Only the Portuguese version is legally valid.
