Go Go Away Madeira Rent a Car, with registered office at Rua da Sé, n.º 24, 9000-066 Funchal, registered at the Funchal Commercial Registry Office, under the single registration and legal person identification number (NIPC) 517196611, with a share capital of €50,000.00 (fifty thousand euros), is responsible for the website www.gogoawaymadeira.com (hereinafter the ‘website’).
Purpose of the Contract
These General Terms and Conditions are intended to regulate the terms and conditions governing the contractual relationship between Go Go Away Madeira Rent a Car (hereinafter referred to as the ‘Lessor’) and its Client, better identified in the Contract (hereinafter referred to as the ‘Lessee’), within the scope of the hire of the car or 2-wheel motorbike (hereinafter referred to as the ‘Leased’) identified therein.Delivery of the Leased
2.1. The Lessee expressly declares that, at the time of collection, the Leased is in perfect condition for use and without any damage, sanitised, without apparent defects and accompanied by the respective equipment, accessories and documents, as well as a full tank of fuel, and the Lessee is obliged to return it in the same condition in which he received it and at the place, date and time designated in the Rental Contract.
2.2. For the purposes of the previous paragraph, at the time of delivery all vehicles must be accompanied by a signalling triangle, a sealed odometer, tools for current use, a spare wheel or puncture prevention kit, a reflective waistcoat, contracted extras, a photocopy of the certified licence, a green insurance card and an inspection form, complying with all legal requirements.
2.3. At the time of delivery, the 2-wheel motorbikes are accompanied by a Top Case, 2 helmets, a sealed odometer, tools for everyday use, contracted extras, a copy of the authenticated licence, a green insurance card and an inspection form, complying with all legal requirements.
2.4. The Lessee is responsible for any loss or destruction, total or partial, of the equipment, contracted extras, accessories or documents accompanying the Leased during the term of the rental contract.
2.5. The total or partial loss or destruction of the goods described in the previous paragraph will result in a charge of €50.00 (fifty euros) up to €5,000.00 (five thousand euros) for the losses suffered by the Lessor, in particular the costs incurred in replacing the equipment, accessories and issuing duplicate documents, as well as administrative costs incurred by the Lessor.
2.6. Loss of the key of the Leased obliges the Lessee to pay a fee of €500.00 (five hundred euros).
- Use of the Leased
3.1. The Lessee undertakes, during the term of the rental contract, to use the Leased with care and diligence, adopting all preventive measures, both passive and active, driving with the required diligence, as well as acting in compliance with the applicable regulations and the Portuguese Road Code.
3.2. For all due purposes, the Lessee undertakes not to use/operate the Leased, in particular, in the following situations:
a) To carry out passenger or goods transport in breach of the law;
b) To organise sporting events or training sessions, whether official or not;
c) To tow and/or propel any vehicle, trailer or other object;
d) Under the influence of alcohol or hallucinogenic substances;
e) By people who are not authorised drivers under the rental contract;
f) And any other situations prohibited by law.
g) It is forbidden to drive or use the vehicle on dirt roads or off tarmac roads intended for motorized vehicles. Off-road use of the vehicle may incur a charge of between €100 and €5,000.
3.3. If the Leased is used in breach of the rental contract, the Lessor may terminate the Contract and the Lessee must immediately return the Leased to the stipulated location, failing which the Leased will be taken from him/her in accordance with the law, and the Lessee shall be liable for all expenses and damages caused.
3.4. In the rental contract between the Lessor and the Lessee, the following are excluded from the contract price:
a) Fines associated with road traffic offences during the term of the rental contract for unlawful and blameworthy acts by the Lessee in violation of the Road Code or applicable supplementary legislation;
b) The cost of towing the Leased to the Lessor’s station in the event of a road accident;
c) Any expenses incurred in connection with claims, as well as administrative expenses.
3.5. The Lessor shall not be liable to the Lessee or any passenger for the loss of or material damage to personal property transported or left in the Leased, either during or after the hire period.
3.6. In situations where the Lessee wishes to extend the period of the contract, this is subject to the availability of the Lessor, and the Lessor is not obliged to provide a vehicle beyond the period initially contracted.
- Return of the Leased
4.1. The Lessee undertakes to return the Leased on the day, at the time and at the station of the Lessor, under the terms indicated in the rental contract.
4.2. In the event of early return of the Leased, the Lessor is not obliged to refund any amounts under the rental contract.
4.3. In the case of bookings made via the Lessor’s website or applications, cancellation of bookings and consequent refunds shall take place under the following terms:
a) Up to 7 (seven) days before collection of the Leased, the Lessor will refund the full amount paid, excluding any associated fees;
b) Up to 4 (four) days prior to collection of the Leased, the Lessor will refund half of the amount paid, excluding any associated fees;
c) In the event of cancellations 3 (three) days or less in advance, the Lessor will not refund the amounts paid.
4.4. The Lessee undertakes to return the Leased in the exact condition in which it was delivered, namely:
a) With the same fuel level at the time of delivery of the Leased, accompanied by proof of fuelling slip. In situations where the Leased Vehicle is returned in breach of this obligation, a charge of €2.74 (two euros and seventy-four cents) will be applied for each litre of fuel missing, plus an administrative refuelling charge of €10.00 (ten euros);
b) At the Lessor’s station, as agreed in the rental contract. If the Leased is returned to a different Lessor’s station than the one agreed in the rental contract, a charge of €30.00 (thirty euros) will apply;
c) At the time and on the day agreed in the rental contract. Returning the Leased at a time or on a day other than that agreed in the rental contract will incur a fee of €200.00 (two hundred euros) for each hour of delay;
d) In the same clean condition in which the Leased was delivered to the Lessee. If the Leased is returned excessively dirty, a charge of €60.00 (sixty euros) will be applied.
4.5. At the end of the contracted rental period, the Leased shall be deemed to be in circulation without the authorisation and against the will of the Lessor, which shall be punishable by law and the Lessee shall be liable for any and all damages caused, including damages caused by third parties to the Leased, and the Lessor may, in accordance with the law, take possession of the Leased Vehicle, even against the will of the Lessee, and shall be entitled to claim from the Lessee all damages resulting from the breach of the rental contract.
- Insurance and Damage Cover
5.1. All of the Lessor’s vehicles are covered by motor vehicle insurance under the terms required by Portuguese law.
5.2. The Lessee has the option of subscribing to coverage services to cover any damages incurred during the rental period:
a) Collision Damage Waiver (CDW)
b) Super Collision Damage Waiver (SCDW)
c) Theft Protection (TP)
d) Personal Accident Insurance (PAI)
5.3. Any damage to the Leased not covered by insurance will be the responsibility of the Lessee, including administrative and towing charges where applicable.
- Maintenance and Repair of the Leased
6.1 Any repair or maintenance of the Leased that proves necessary during the rental period will be carried out exclusively by the Lessor, and the Lessee must inform the Lessor as soon as he becomes aware of it.
6.2 In the event of a sudden breakdown of the Leased, the Lessee must immediately contact the Lessor and follow the instructions given to him.
6.3 Any expenses incurred by the Lessee in connection with repairs or maintenance of the Leased, without the Lessor’s consent, are the full responsibility of the Lessee and there is no right to reimbursement.
6.4 Repairs or maintenance carried out by the Lessee without the Lessor’s consent that are detrimental to the Leased are subject to a charge of €50.00 (fifty euros) to €5,000.00 (five thousand euros), depending on the seriousness of the acts carried out.
6.5 Filling up the car with the wrong type of fuel or losing the car key will not be covered by any type of insurance. This will result in a charge by the Lessor between €600 and €5,000.
- Services
7.1 The Lessee benefits from a 24-hour roadside assistance service during the rental period. The roadside assistance will have an extra cost according to point 7.4.
7.2 In the event of a breakdown, the Lessor shall provide the Lessee with towing or removal of the vehicle, transport of the Lessee and passengers to the Lessor’s station, as well as a replacement vehicle for the remainder of the rental contract.
7.3 In the event of a breakdown, the Lessee must immediately contact the Lessor at the following address and number:
Go Go Away Madeira Rent a Car
Rua da Sé, 24
9000-066 Funchal
Madeira Island – Portugal
Phone: +351 291 143 320
Mobile: +351 967 692 099
7.4 Roadside assistance will be subject to the following charges:
From Monday to Friday:
i. Assistance within the municipality of Funchal: €110.00
ii. Assistance outside the municipality of Funchal: €150.00
iii. Assistance between 8pm and 8am in the municipality of Funchal: €230.00
iv. Assistance between 8pm and 8am outside the municipality of Funchal: €250.00
Saturday and Sunday:
i. Assistance within the municipality of Funchal: €160.00
ii. Assistance outside the municipality of Funchal: €200.00
iii. Assistance between 8pm and 8am in the municipality of Funchal: €280.00
iv. Assistance between 8pm and 8am outside the municipality of Funchal: €300.00
7.5 Breakdowns caused by the Lessee, even if due to negligence, shall be the sole responsibility of the Lessee and shall entail the following costs:
a) Repair and/or reinstatement of the vehicle’s condition;
b) Compensation for the period during which the vehicle is paralyzed;
c) Towing, in the amount of €150.00 (one hundred and fifty euros);
d) Transport to the nearest station to pick up a replacement vehicle, in the amount of €200.00 (two hundred euros);
e) Transport if the Lessee gives up the rental contract.
7.6 The conclusion of the rental contract obliges the subscription to one of the following services:
a) Deposit for the total value of the hire contract (CDW)
b) Partial Insurance (SCDW)
c) Insurance (SSCDW)
d) Third Party Insurance (TPI)
7.7 Some vehicles require the Lessee to take out specific insurance.
7.8 Repairs or maintenance carried out by the Lessee without the Lessor’s consent which are detrimental to the Leased are not covered by the above insurance.
- Road Accidents
8.1 In the event of a road accident or a change to the condition in which the Leased was delivered, the Lessee undertakes to protect the legitimate interests of the Lessor.
8.2 For the purposes of the preceding paragraph, the Lessee undertakes to:
a) Report any accidents, thefts, robberies, fires, damage caused by animals or any other accidents to the Lessor and the police within 10 hours at the latest, except in cases of force majeure;
b) Obtain the names and addresses of the people involved, witnesses and licence plates;
c) Not leave the vehicle without taking the appropriate measures to protect and safeguard it, except in cases of force majeure;
d) Not assume any responsibility or plead guilty in the event of accidents that may imply liability on the part of the Lessor;
e) Immediately contact the Lessor, except for reasons of force majeure, and provide it with a detailed accident report, including an accident report drawn up by the police authorities as soon as this is available;
f) Deliver all supporting documentation, including a duly completed and signed Motor Vehicle Accident Statement, to the return station agreed in the rental contract.
8.3 In the event of non-compliance with the obligations set out in the preceding paragraph which may cause specific damage to the Lessor, the Lessor reserves the right to charge the Lessee the amount equivalent to the total damage attributable to the Lessee.
8.4 The Lessor hereby disclaims any and all liability for accidents that may be caused by the Lessee beyond the rental period, and the Lessee expressly assumes sole and exclusive responsibility for such accidents.
- Payments
9.1 The Lessee undertakes to pay all sums due under the rental contract as soon as they are requested by the Lessor.
9.2 For the purposes of the previous paragraph, the sums due are:
a) The contracted price, depending on the rental period;
b) Any and all charges relating to cancellation of excess, security deposits, insurance and any other applicable expenses;
c) All taxes and charges levied on the rental contract;
d) All costs borne by the Lessor arising from the collection of outstanding payments by the Lessee.
9.3 Any invoice not paid on its due date shall be subject to interest on late payment at the maximum rate permitted by law.
9.4 In order to guarantee the fulfilment of its obligations, the Lessee shall provide a security deposit in the form of a credit card for the amount indicated in the rental contract. In effect, the Lessee expressly authorises the debiting of any and all sums due under the terms of the contract, following timely notification by the Lessor. The provisions of this paragraph do not apply to the Lessee who has subscribed to SSCDW insurance.
9.5 Upon return of the Leased, the value of the security deposit shall be refunded to the Lessee within 20 (twenty) working days, provided that no amounts are owed to the Lessor.
- Methods of Payment
10.1 The Lessor accepts the following means of payment and deposit of the security deposit: credit card, debit card, bank transfer and cash.
10.2 Payments or deposits made with Maestro and American Express cards are not accepted.
- Administrative Expenses
11.1 If the Lessor is notified of any infraction or unlawful conduct committed by the Lessee, including acts of identification of the same, the Lessee is obligated to pay the amount of the fine imposed, plus an additional amount between €10.00 and €50.00 for providing information to the responsible entity, as administrative expenses.
11.2 Without prejudice to the provisions of the previous paragraph, any incident during the rental contract that requires action by the Lessor’s staff may result in the application of an administrative fee ranging from €10.00 to €50.00.
- Protection of Personal Data
12.1 The personal data provided by the Lessee and/or the driver(s) will be collected by the Lessor, the entity responsible for processing it, and will be used solely and exclusively for:
a) Execution and fulfilment of pre-contractual and contractual obligations, managing bookings and vehicle rental;
b) Compliance with legal obligations;
c) Management of the contractual relationship.
12.2 The personal data will be kept for the minimum period necessary and deleted once no longer needed.
12.3 The Lessor treats personal data with the utmost confidentiality and has implemented technical and organisational measures to protect it.
12.4 The personal data may be shared with service providers solely for the identified purposes, ensuring full protection of the data.
12.5 The data may be shared with responsible entities in the event of administrative offences or infractions.
12.6 The Lessor will never sell, lend or transfer personal data without explicit consent, and will only process data as described.
12.7 Data subjects have the right to access, rectify, erase, limit, object, and request portability of their personal data.
For any clarification regarding data processing, contact info@gogoawaymadeira.com. If misuse is suspected, a complaint may be lodged with the CNPD (www.cnpd.pt).
12.8 By signing the rental contract, the Lessee confirms acceptance of the Lessor’s Privacy Policy, available at www.gogoawaymadeira.com.
- Alternative Dispute Resolution
In compliance with Law no. 144/2015, of 8 September, the Lessee is informed of the existence of alternative dispute resolution (ADR) mechanisms, such as the Centro de Arbitragem do Sector Automóvel (CASA) at www.arbitragemauto.pt.
This information does not bind the Lessor to adhere to alternative dispute resolution.
- Duty of Communication and Information
14.1 Where applicable, the Lessee is informed that the Lessor’s vehicle may have a geo-location device (GPS) to be used in case of breach of contract and/or border crossing.
14.2 Smoking is not permitted inside the vehicle.
14.3 The Lessee acknowledges that all clauses have been communicated in good time and expressly, and the Lessee accepts them fully, signing the rental contract without reservation.
14.4 The Lessee agrees to the durable registration of his/her signature on the rental contract for all legal purposes.
