Terms & Conditions

GENERAL RENTAL CONDITIONS

 

Below are set out the General Conditions of the Self-Drive Vehicle Rental Agreement (hereinafter the “Agreement”), entered into between NextTur – Rentals & Tourism Services, Sociedade Unipessoal Lda corporate entity no. 519194268, with registered office at Rua António Borges Coutinho n.º 11 (hereinafter “NextTur”) and the Customer (hereinafter the “Customer”). The identification details of both parties are stated on page 1 of the Agreement.

 

1 – Subject of the Agreement

The Customer receives the rented vehicle, as described in the Rental Agreement, in perfect working condition, with all its documents, tyres, tools and accessories, and undertakes to preserve them and to drive the vehicle in compliance with the rules set out in the Highway Code and other applicable supplementary legislation in force, as well as those established in these General Conditions.

 

2 – Duration of the Agreement

The duration of the Agreement is stated on page 1 thereof, specifying the date and time of delivery and return of the vehicle.
 Rental days are calculated in periods of 24 hours, starting from the exact time at which the Customer rents the vehicle until its return, together with its keys and documentation, to NextTur.
 The courtesy period for vehicle return is 59 minutes, after which a penalty of €40 will be charged for failure to return the vehicle, plus the corresponding amount for the extended rental days and respective 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 days during which the vehicle was not used (taxes included) shall be fully retained as compensation.
 Likewise, NextTur may decide to terminate the rental before the date stated in the Agreement due to improper use of the vehicle and/or breach of contractual provisions, and may repossess the vehicle at any time and 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 time stated on page 1.
 If the Customer wishes to extend the rental period, they must go to NextTur’s premises and sign the extension. No agreement may be extended by telephone or by any other electronic means, unless page 1 of the Agreement states otherwise.
 Under no circumstances may the amount deposited as a security deposit be used to extend the rental. Therefore, if the Agreement is extended, the Customer must make an additional payment corresponding to the extension.
 If the Agreement cannot be extended due to lack of available vehicles or for any other reason, the Customer must return the vehicle on the agreed date and time to the rental station stated in the Agreement.
 When requesting an extension of the Agreement, depending on the initial conditions thereof, it may be necessary to enter into a new agreement, 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 prior to vehicle collection; however, the deposit paid to guarantee the reservation is non-refundable, the same applying in cases of customer “no-show”.
 The reservation may be amended before and during the rental period under the conditions set out in this Agreement and subject to vehicle availability by NextTur.

 

5 – Vehicle Return Conditions

The Customer shall return the rented vehicle in the same condition as it was delivered, together with all its documents, tyres, tools and accessories, at the place, date and time stipulated in the Rental Agreement.
 The Customer may not modify any technical characteristic of the vehicle, its keys, equipment, tools and/or accessories, nor make any modification 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 any damage and losses suffered by NextTur due to the reconditioning of the vehicle, the time during which it is immobilised, and any other damage caused to NextTur.
 The fuel level recorded at vehicle collection is the minimum and correct level to be presented upon return. If the vehicle is returned with a fuel level below that recorded at collection, the Customer will be charged a refuelling fee of €20 plus the proportional value of the missing fuel, in accordance with the amount stated in the General Tariff.

 

6 – Effects of Failure to Return the Vehicle

Returning the vehicle on a date and time different from those established in the Agreement entitles NextTur to charge the rental amount corresponding to the days of delay, plus a penalty for the economic losses caused by the absence of the vehicle, amounting to €40.00 per day of delay.
 If NextTur delays the delivery of the vehicle by more than 59 minutes after the signing of the rental agreement, the Customer shall be compensated in the same amount.
 Likewise, returning or abandoning the vehicle in a location different from that stated in the Agreement entitles NextTur to cumulatively demand:
 i) the rental amount corresponding to the days necessary for repair and making the vehicle available for rental;
 ii) compensation of €40.00 per day for economic losses caused due to vehicle immobilisation;
 iii) travel, towing, repatriation and storage/custody costs, where applicable, to the agreed return location.

NextTur reserves the right to initiate appropriate legal action in any case of disappearance or failure to return the vehicle and to notify the competent authorities (judicial, police and administrative), with the Customer bearing full responsibility for any resulting legal consequences, including court costs, fines and penalties.
 Any unilateral extension of the Agreement by the Customer shall be considered unauthorised (abusive) use of the vehicle for the purposes of Customer liability for any damage to the vehicle.

 

7 – Payments and Method of Payment

 

7.1 Payments

The Customer undertakes to pay NextTur:
 a) Rental charges for the vehicle, optional protections and taxes determined in NextTur’s applicable tariff (hereinafter the “General Tariff”), previously notified to the Customer and attached to this Agreement. Application of the initially agreed tariff is subject to return of the vehicle at the place, date and time agreed. Tariffs may vary depending on season, and prior to contracting a vehicle the Customer is responsible for verifying the applicable tariff.
 b) Other charges in accordance with the contractual and commercial conditions offered by NextTur and stated in the Agreement.

7.2 Payments Resulting from Improper Use

Upon completion of the rental, the Customer undertakes to pay NextTur, regardless of the contracted coverages, the amounts resulting from the following:
 a) special cleaning charge due to costs of an extra cleaning service resulting from manifestly improper vehicle condition upon return, up to a maximum of €150;
 b) charges resulting from loss of vehicle documents and keys and/or dispatch of vehicle keys to the relevant station, in cases of loss, theft, return of keys to a station different from the actual vehicle return station, or any other situation causing vehicle immobilisation due to the Customer, with compensation of €400.00;
 c) charges resulting from damage/loss of effectiveness of the clutch, fixed at €850, considered to be caused by the Customer during driving;
 d) towing costs where applicable;
 e) expenses resulting from loss, theft, deterioration or damage to any vehicle component, including seats, mats or dashboard, or the entire vehicle, as well as problems resulting from incorrect fuel type;
 f) fines, penalties, sanctions and judicial/administrative costs caused by traffic offences or breaches of law, regulations or decree-laws (including those under the Highway Code), borne by the Customer during the rental and paid by NextTur;
 g) an additional €40 administrative fee for costs incurred by NextTur in processing and communication with authorities;
 h) the costs of repairing damage caused to the vehicle in the event of an accident, when any of the following circumstances occur:

• that the vehicle has not been used in accordance with the established conditions;
• that the accident report — whether in the form of a “Friendly Accident Report” (Declaração Amigável de Acidente – DAA) or a “Claim Report” — has not been completed and submitted to NextTur within twenty-four hours, or does not correspond to the actual facts of the incident;
• that the damage results from an accident due to the Customer’s failure to correctly assess the height of the vehicle;
• that the corresponding optional extra protection has not been contracted (see point 8). i) administrative and accident handling costs up to €150.

i) administrative and accident handling costs up to €150.

The amount of the charge applicable to the Customer for damage caused to the vehicle shall be calculated taking into account the assessment carried out by an expert appraisal office external to NextTur, or, where such quantification cannot be carried out by said expert office, the amount resulting from an initial assessment carried out by qualified NextTur personnel shall be charged, in accordance with the tariffs and prices set out in the table in force on the rental date, the existence and amounts of which the Customer declares to be aware of and in agreement with.

All of the above shall apply without prejudice to a subsequent settlement and adjustment, following the obtaining of a repair estimate issued by a workshop or an assessment carried out by an appraisal office external to NextTur.

NextTur also reserves the right to require the Customer to pay compensation for the immobilisation of the vehicle as a consequence of the damage incurred.

Such compensation shall be calculated according to the number of days required to repair the vehicle, as determined by the expert external to NextTur or after completion of the repair, counting one day for every eight hours of work carried out by the technician, and using as a basis for calculation the contracted daily occupancy rate, plus the €40.00 per day provided for in the previous clause, since the days of vehicle immobilisation are considered as a failure to return the vehicle within the agreed period.

The maximum amount of compensation payable by the Customer shall be determined by the market value of the rented vehicle in accordance with the provisions of the “Ganvam/Eurotax” Guide, in force on the date of the incident.

 

7.3 Method of Payment

At vehicle delivery, only electronic/card payments will be accepted.
 The card used for the reservation must be presented by its holder at vehicle delivery, and the cardholder must be the rental agreement holder.
 All payments shall be made in euros.

 

8 – Insurance and Coverage

The Customer’s liability is limited under the terms set out below, provided that the Customer complies with the terms of the Agreement and that the loss or damage is not caused intentionally or by gross negligence of the Customer, by gross negligence of any authorised driver, or by any unauthorised driver:

8.1 – Liability for loss of or damage to the motor vehicle is limited to the full amount of the maximum excess established in NextTur’s General Tariff, under the Collision Damage coverage, hereinafter referred to by the international acronym CDW (Collision Damage Waiver).

If the Customer accepts the Excess Waiver Option for Damage, Collision or Theft, hereinafter referred to as Super CDW (Super Collision Damage Waiver), by initialling in the space indicated in the Agreement and paying the specific daily cost for this purpose, the Customer’s liability shall be limited to damage resulting from misuse or improper use of the vehicle. This coverage does not include any damage to Tyres, Rims, Headlights, Lights and/or Glass.

8.2 – The Customer may insure potential damage to Tyres and/or Rims by subscribing to and paying for the Tyres and Rims Insurance.

8.3 – The Customer may insure against damage resulting from Death or Permanent Disability, including Medical Expenses, as a consequence of an accident involving the rented vehicle, by subscribing to the Personal Accident Insurance, hereinafter referred to by the international acronym PAI (Personal Accident Insurance), up to the amount subscribed in the Policy.

8.4 – The Customer may insure potential damage to Headlights, Lights and/or Glass by subscribing to and paying for the Headlights, Lights and Glass Insurance.

8.5 – As established in Article 4, the initial payment of 100% of the total Reservation value is non-refundable; however, the Customer may guarantee such refund by subscribing to the Super CDW Insurance. In this case, in the event of cancellation made more than two (2) weeks prior to the start of the rental, the Customer shall be refunded the amount already paid, minus the cost of the Super CDW Insurance.

8.6 – The insurance shall be void if the vehicle is driven by a person not identified in the Agreement or if the driver does not hold a valid driving licence.

8.7 – The insurance may be refused if there is no report to the authorities when required, if a police report is not presented in the event of an accident or theft, if the Customer abandons the vehicle without authorisation, or if the Customer fails to notify the rent-a-car company of the accident/incident within 24 hours.

8.8 – In the event of theft or total loss, the insurance shall not cover the incident if the original key is not returned, if no police report exists, or if the vehicle has been used outside the contractual conditions.

8.9 – Traffic fines, tolls, towing costs or administrative fees are never covered by the insurance.

 

9 – Customer Obligations in Case of Accident

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

a) Obtain and send to NextTur, within twenty-four (24) hours after the occurrence of the incident, the full details of the other party and any possible witnesses, by completing an accident report in the form of a “Friendly Accident Statement – DAA (Declaração Amigável de Acidente)”, 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, with all documents signed by both drivers involved in the accident, or, if such document is not available, the “Incident Report”, which shall be provided by NextTur.

b) Immediately inform the police authorities or equivalent bodies (Public Security Police – PSP, National Republican Guard – GNR, and Municipal Police) if there is fault attributable to the other party and if an investigation is required and/or if there are injured persons.

c) Not abandon the rented vehicle without taking the appropriate measures to protect it.

In the event of vandalism, fire, theft or disappearance of the vehicle, the Customer undertakes to immediately notify NextTur of the occurrence and to file the corresponding report with the authorities, retaining a copy which must be sent to NextTur as soon as possible.

d) Contact the Roadside Assistance Services indicated in the General Tariff provided to the Customer.

 

10 – Unauthorised Use

The Customer shall use the vehicle with due care, in accordance with its characteristics, complying with the traffic rules applicable to motor vehicles and with the Highway Code and all other applicable legislation, and shall in any event avoid 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 any person other than those authorised under this Agreement. The Customer shall be directly responsible for any damage or loss suffered by the vehicle or by third parties if such occurs.

Any situation in which the provisions set out in the preceding paragraphs are not complied with shall be deemed to constitute unauthorised use.

The Customer shall be fully responsible for any damage caused to the interior and exterior parts of the vehicle resulting from unauthorised use thereof and, in such case, shall be obliged to pay all expenses incurred in accordance with the provisions of Clause 6 of this Agreement.

In the event of legal proceedings arising from the above situations, the Customer shall bear all judicial expenses, including court costs, lawyers’ and solicitors’ fees, and, in the event of conviction, the compensation awarded by court decision.

Unauthorised use includes, but is not limited to, the following cases, which are listed by way of example:

a) Pushing or towing any other vehicle.

b) Driving in places not suitable for public traffic, such as, for example, beaches, racing circuits, forest paths, private roads, dirt roads, gravel roads or roads not suitable for motor vehicle circulation.

c) Driving on unpaved roads, or paved roads with serious defects that may cause damage to the underside of the vehicle.

d) Driving the vehicle in restricted areas, namely airport runways and other roads associated with civil or military aviation.

e) Negligence regarding the information displayed on the instrument panel or warning signals of the rented vehicle, which the Customer declares to be aware of by signing this Agreement.

f) Transport of goods or animals, and especially hazardous, flammable and/or harmful substances to the vehicle and its occupants.

g) Transport of persons or goods that directly or indirectly imply payment to the Customer.

h) Sub-rental of the vehicle.

i) Use of the vehicle in any activity contrary to the law.

j) Transport of a number of passengers or amount of luggage exceeding that authorised for the vehicle.

k) Any type of manipulation or interference with the odometer, or its malfunction, which must be immediately reported to NextTur.

l) Transport of luggage or any item on the roof of the vehicle, even when using a proper device.

m) Leaving objects visible inside the vehicle that may be susceptible to theft, with the consequent damage to the vehicle.

n) Soiling the interior of the vehicle beyond what results from normal and careful use. The vehicle must not be used as a residence.

o) Driving the vehicle while fatigued, ill, or under the influence of alcohol, medication or drugs.

p) Reckless driving.

q) Use of the vehicle for driving lessons, under any circumstances, and/or for teaching any special driving skills.

r) Driving contrary to traffic regulations.

s) Driving the rented vehicle by a person not authorised in the Agreement, whether as the Customer and/or as an additional driver.

t) Driving the vehicle outside the island of São Miguel.

u) Use of the vehicle after the rental period has ended.

Unauthorised use by the Customer shall entitle NextTur to terminate the Rental Agreement early due to culpable breach thereof and to claim, where applicable, the corresponding compensation for losses and damages.

 

11 – Driving Licence

The Customer must hold a valid and duly homologated driving licence.

 

12 – Joint and Several Liability

All authorised customers and drivers are jointly and severally liable.

 

13 – Theft or Loss of Personal Items

NextTur is not responsible for personal items left in the vehicle.

 

14 – Security Deposit

At the time of signing the Contract, the Client may be required to provide a security deposit in the amount stipulated in the Tariff, in order to guarantee compliance with the general and specific conditions of the Contract. This deposit may also be used to cover the cost of missing fuel in the vehicle, so that it is returned at the same fuel level as when it was delivered. In the event that the Contract is extended, the said amount shall be increased proportionally to the number of days of the extension.

The security deposit will be released once the Contract has ended and after the appropriate checks have been carried out regarding the condition of the vehicle and compliance with the general and specific conditions of the Contract. The actual availability of the deposit amount depends exclusively on the issuing entity/bank of the Client’s card and may take several days.

 

15 – Mandatory Child Restraint Systems

In the event that the vehicle is used to transport children under three years of age, or older children who do not exceed a height of 1.50 meters, the Client must inform NextTur so that the appropriate approved mandatory child restraint device, suitable for the child’s weight and height or for the person required to use it, may be provided, subject to prepayment of the corresponding rental fee.

The installation of the restraint device shall always be the responsibility of the Client.

 

16 – Processing of Personal Data

For the purposes of the provisions of the legislation in force regarding the protection of personal data and information society services and electronic commerce, NextTur hereby informs you that your personal data will be incorporated into a computerized file of personal data created and managed under the responsibility of this company, with registered office at Rua António Borges Coutinho, no. 11, 9500-237 Ponta Delgada, for the purpose of managing the contracted vehicle rental services, as well as keeping you informed of all offers, products, and promotions, whether its own or those of third parties, that may be of interest to you, either by email or by any other equivalent means.

In the case of commercial communications sent by email or equivalent means, the Client expressly consents to the receipt of advertising through such means. This consent may be withdrawn at any time by submitting a written request addressed to Rua António Borges Coutinho, no. 11, 9500-237 Ponta Delgada, or by email to info@mexttur.pt.

In the event of a breach of this contract by the Client, the Client’s personal data may be disclosed or communicated to third parties to the extent necessary for the recovery of damages resulting from such non-compliance.

 

17 – Customer Support

To submit any request for information or to make any suggestion, complaint, or claim, you may contact NextTur at Rua António Borges Coutinho, no. 11, 9500-237 Ponta Delgada, or by email at info@nexttur.pt.

 

18 – Applicable Law and Jurisdiction

This agreement shall be governed by and construed in accordance with Portuguese law. NextTur declares its intention to resolve any dispute amicably. If this is not possible, any dispute that may arise between NextTur and the Client shall be subject to the jurisdiction of the courts of the place where the rental commenced.

 

19 – Translation

The translations of these General Conditions are provided for informational purposes only and do not have legally binding force in their entirety. Only the Portuguese version shall be considered valid and legally binding.