JAGUAR & LAND ROVER RENTGENERAL TERMS AND CONDITIONS (GUARANTEE CASES) FOR JAGUAR AND LAND ROVER RENT PASSENGER VEHICLE RENTAL (FROM: 03/2022)
1. Parties and subject matter of the Agreement
1.1 The Agreement is made between the Lessee and the Lessor, duly identified in the Rental Agreement.1.2 According to the terms of the Agreement, the Lessor provides the Lessee with a non-smoking vehicle (hereinafter, the "vehicle"), duly identified in the Rental Agreement, in exchange for payment of a price specified in the Rental Agreement, which shall be paid by Land Rover Portugal Veículos e Peças, Lda. on behalf of the Lessee 1.3 With the consent of the Lessee, the Lessor may recall the vehicle at any time and replace it with a comparable vehicle, provided it matches the specifications of the vehicle agreed under the terms of the Agreement. The Lessee must read these General Conditions prior to signing
2. Vehicle handover, supply and default of acceptance on the part of the Lessee
2.1 The Lessor undertakes to handover the vehicle to the Lessee on the agreed date, time and place, duly identified in the Rental Agreement, without any technical defect that might undermine its roadworthiness. The Lessee agrees to take delivery of the vehicle at the agreed time and to check vehicle condition and equipment immediately. If any damage or defect is found, it must be reported and recorded in the Handover Report, which shall form part of the Rental Agreement. 2.2 The Lessor shall give the Lessee the vehicle registration document, proof of a civil liability insurance policy for motor vehicles, the inspection sheet where applicable, and a copy of the Rental Agreement that can be submitted electronically, so that, if requested, they can be submitted to the authorities. The originals of the documentation for the vehicle can be replaced by certified photocopies. 2.3 The Lessee shall thoroughly inspect the condition of the vehicle before driving off, and ask for the Handover Report to be corrected if there are any errors in recording the damage, indicated fuel level or if the documents cited in 2.2. or other mandatory safety equipment inside the vehicle are missing. 2.4 The rental period, duly identified in the Rental Agreement starts when the Lessee signs the Rental Agreement for the vehicle and ends when the Lessor takes possession of the vehicle and respective key. The Lessee must return the vehicle in the same state in which it was received, notwithstanding normal wear and tear, to the Lessor's premises during working hours or to the location agreed by both Parties in the Rental Agreement. 2.5The Lessee shall return the vehicle with the same amount of fuel as indicated upon collection of the vehicle, otherwise the Lessee shall assume payment for the fuel consumed under the terms provided for in the Rental Agreement. 2.6 The Lessee must provide the following documents upon collection of the vehicle:
- a driving licence valid in the relevant country and for the prebooked class of vehicle
- a credit card in the name of the Lessee
- a national identity document / citizen's card or passport
Driving licences from non-EU states are accepted provided the customer is in possession of a visa that is valid at the time of the rental (excluding Switzerland). NonEU citizens residing on a long-term basis for more than 6 months must provide an EU driving licence. All credit cards issued by internationally recognised credit card companies(Visa, MasterCard, American Express) are accepted as a method of payment; debit cards or any kind of prepaid cards are not accepted. These shall be presented and be valid upon collection of the vehicle. The Lessor shall terminate the Agreement if the Lessee is unable to provide said documentation upon collection of the vehicle. The Lessee shall not be entitled to compensation because of termination.
3. Authorised drivers
3.1 The vehicle can only be driven by persons entered on the Rental Agreement as Lessee or driver with the accurate and correct information and holding a valid driving licence in the rental country for the rented vehicle.3.2 The vehicle may also be driven by persons other than the Lessee with the explicit consent of the Lessor. The consent of the Lessor is deemed to apply to all other persons entered on the Rental Agreement with first name, family name and driving licence number. Insurance cover cannot be guaranteed without the agreement of the Lessor 3.3 If the vehicle is to be driven by another person approved by the Lessor, the Lessor will demand an additional charge as set out in the version of the tariff price list valid at the time of rental. 3.4 All rights and obligations provided for in the Agreement are valid in favour of and against the authorised driver 3.5The Lessee is responsible for ensuring compliance with this Rental Agreement by any additional driver specified in the Rental Agreement or any passenger authorised to travel in the vehicle. The Lessee is also liable for any costs or charges incurred by the Lessor as a result of non-compliance with this Rental Agreement by an additional driver or passenger.
4. Vehicle use
4.1 The Lessee and authorised drivers undertake to use the vehicle diligently and respect traffic regulations. The vehicle may only be used on public roads; road traffic regulations must be observed at all times. They also undertake to use the vehicle taking into account its type and destination; any activity causing deterioration or special risk is expressly forbidden, including use of the vehicle in the following circumstances: off-road driving, driving instruction, driving practice, motor sports, use on race circuits including those authorised for test/practice drives by the general public ("tourist sessions"), any kind of racing, participation in road rallies, illegal road racing of any kind, commercial transportation of passengers, transportation of hazardous substances,subleasing, use by third parties not registered in the Rental Agreement in accordance with section 3, use of the vehicle to commit criminal acts and/or use of the vehicle as a weapon, drink-driving, driving under the influence of drugs, driving under the influence of medication and other intoxicating substances insofar as these impair driving ability, driving without a valid driver's licence, towing other vehicles or trailers. Statutory provisions apply to similar violations of all kinds involving the vehicle. The Lessee and authorised drivers undertake to strictly obey all the applicable regulations regarding traffic and safety, or any other applicable regulations, ensuring that the Lessor is not in any way liable as a result of their failure to comply; therefore, the Lessee or authorised driver expressly undertakes to compensate the Lessor for any type of violation should any expense, damage or injury be incurred by the Lessee as a result of this violation. 4.2 The Lessee is responsible for all costs arising from charges levied for the use of certain traffic routes (e.g. tolls) and shall perform all obligations to cooperate with respect to payment of charges. The Lessee shall also assume all expenses during the use of the rented vehicle (fuel, etc.). 4.3 All parts of the vehicle must be kept locked at all times when the vehicle is not in use; the steering-wheel lock must be engaged. Valuables should not be left visible in the vehicle. On leaving the vehicle, the Lessee / authorised driver shall remove all keys and documents from the vehicle, keeping them out of the reach of unauthorised parties. The roof of a convertible vehicle must be closed. 4.4 The manufacturer's instructions for use must also be observed with regard to the type of fuel required, and to the statutory provisions applicable with respect to use of the vehicle. The Lessee shall treat the rented vehicle with care, paying special attention to the instructions set out in the manufacturer's instruction manual, as well as the rules on operation, speed awareness and the prescribed maximum revolutions. The Lessee shall check oil, water and tyre pressures on a regular basis throughout the rental period. 4.5 The Lessee is not permitted to drive the vehicle in those countries prohibited by the Lessor either in general or for specific vehicle models. In principle, entry and exit is permitted only for the following countries: Andorra, Austria, Belgium, Denmark, Finland, France, Germany, Gibraltar, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Portugal, San Marino, Spain (mainland), Sweden, Switzerland, Vatican City, United Kingdom. Vehicles leased in an island state may only be used in that specific island state. It is forbidden to transport the vehicle by means of ferry. The Lessor also reserves the right to prohibit entry into or passage through the aforementioned countries, either in general or on an individual basis. If the Rental Agreement includes such limitations, these shall prevail over provisions in 4.5. 4.6 The Lessee is also prohibited from taking the vehicle or driving it into countries other than those listed above.4.7 It is also forbidden to transport the vehicle by any other means to other countries.4.8 These restrictions do not apply if explicit written authorisation from the Lessor was granted by the Lessor prior to entry 4.9 If use of the vehicle violates the Rental Agreement or the entry regulations(section 4.5 et seq.), the Lessor shall be entitled to terminate the contract without prior notice. Furthermore, any breach of conditions concerning travel to foreign countries will result in all insurance and limitations of liability losing their validity and the Lessee shall be liable for all damage caused. 4.10 The Lessor shall also be entitled to restrict further use of the vehicle and to recall the vehicle immediately should conduct constituting a breach of the Agreement be suspected or established.
5. . InControl Services
The vehicles are connected and include services and apps that provide connectivity between the user and the vehicle. The InControl apps and services provided by Jaguar Land Rover are already activated before your use. The functions and terms and conditions of InControl can be viewed by clicking on the following link: https://www.jaguarportugal.pt/incontrol/indexhtml or https://www.landrover.pt/ownership/incontrol/index.html
6. Damage (accident, theft, fire, breakdown, etc.); duty of disclosure, obligations
6.1 The Lessee or authorised driver shall immediately notify the police if the vehicle is damaged as a result of accident, fire, theft, damage caused by wild animals or others, whether in the rental country or outside it. If it is not possible to report the damage incident by phone, it should be reported at the nearest police station. This applies also in the event of minor damage to the vehicle and self-inflicted accidents with no third-party involvement.6.2 The Lessee shall inform the Lessor without delay and in any case within 24 hours following the accident of any setback inflicted on the vehicle (accident, breakdown, theft, fine, etc.). The Lessee shall inform the Lessor in writing of all the details of the incident that caused damage to the vehicle by way of an incident report. The incident report on the vehicle shall include the names and addresses of witnesses, persons involved in the incident and the number plates of all the vehicles involved. Police documentation and case numbers should be attached to the incident report where applicable. The Lessor shall provide the accident statement forms. 6.3 The Lessee or driver must take all necessary measures to investigate the cause 6.4 The damaged or broken down vehicle shall only be abandoned if the incident site is adequately secure and protected against all further risk, in particular theft or secondary accident. 6.5 In the event of damage, the Lessee undertakes to bring the vehicle to a dealership, representative or garage approved by the Lessor. In all cases, the Lessor shall have the right to compensation payments relating to damage to the vehicle. If the Lessee is in receipt of such payments, he/she shall forward these to the Lessor. The Lessee is not entitled to assert the right to retain compensation payments for damage to the vehicle. The Lessee may not assert damage claims on account of damage to the vehicle against the liable party, driver, vehicle owner or civil liability insurer in the Lessee's own name either directly or indirectly. This does not affect the rights of the Lessee or driver to make a claim for any injury to their person or any damage to their property. 6.6 If the Lessee is declared liable for the accident and damage caused, they shall do so in their own name and on their own liability insurance, and consequently there shall be no liability for the Lessor 6.7 The Lessee undertakes to provide information as to the precise location of the vehicle at any time as requested by the Lessor and to facilitate inspection of the vehicle. 6.8 Reimbursement of expenses for road traffic violations: The Lessee undertakes to pay any fine or administrative penalty relating to the vehicle or compensation that may result from the use of the vehicle. In the event of potential traffic violations committed during the use of the vehicle by the Lessee or by an authorised driver, apart from the value of the fine or penalty, the Lessor is entitled to charge the full refund for the costs. The amount is specified in the tariff price list and shall be added to the costs incurred.
7. Public Liability Insurance
7.1 The rental price includes civil liability insurance for motor vehicles, with the minimum coverage as is legally required in Portugal in accordance with the mandated "Seguro obrigatório de responsabilidade civil automóvel" [compulsory insurance against civil liability in respect of motor vehicles]. Moreover, the rental price includes insurance against all deductible risks covering all damage to the vehicle, unless said damage has been caused in violation of provisions in section 4.1 of these terms and conditions, in which case the Lessee shall be fully liable for said damage and may be charged for the cost of repairing or reconditioning the vehicle. 7.2 The Lessor has informed the Lessee of the precise terms and conditions of the risk insurance policy that forms part of the Agreement.
8. Liability on the part of the Lessee for damage to the rental vehicle
8.1 The Lessee is fully responsible for the safekeeping and maintenance of the vehicle, and is liable for any damage, loss (including vehicle parts and accessories), theft, destruction of the vehicle, provided that these risks, damage and losses are not covered or excluded from civil liability risk insurance for the vehicle, and shall be liable for damage and losses inherent to the vehicle that do not relate to use and diligent safekeeping of said vehicle during its use, and shall assume liability for any situation derived from use of the vehicle, undertaking to keep the Lessor fully compensated for any legal or out-of-court claim. 8.2 The Lessee is responsible both for the negligence of third parties left in charge of the vehicle and for the Lessee's own negligence. 8.3 The Lessee is responsible for the consequences arising from traffic violations or offences involving the rental vehicle and shall be held liable to the Lessor for any fees, amounts, costs and all damage incurred by the Lessee as a result of official measures taken and the defence of said measures. The Lessor has the explicit right to provide the name of the Lessee or driver to any authorities that request them. See section 6.8.
9. Return of vehicle
9.1 The Rental Agreement ends when the rental period expires. If the Lessee continues to use the vehicle after the agreed rental period has expired, the Rental Agreement is not deemed to have been extended. 9.2 The Lessee shall duly return the vehicle in the condition in which it was collected to the agreed location and at the latest by the agreed time, together with all accessories, keys and vehicle documentation, and fully refuelled, unless explicitly agreed otherwise. The fuel receipt must be provided upon request. If the level of fuel is less than the amount on the date of collection, provisions in 2.5 of this agreement apply 9.3 If the level of fuel upon return is not as agreed, the Lessee shall assume the cost of the additional fuel under the terms of the Rental Agreement. If the vehicle is returned in a poorly cleaned condition, there will be a cleaning charge, depending upon the state of the vehicle and in accordance with the price list. If special cleaning is required, an additional charge shall be made for the days the vehicle is not available. This is equivalent to the tariff that appears on the applicable price list. If the vehicle is returned without the keys and accessories, the Lessor shall invoice the Lessee the corresponding amount to replace these items in accordance with the price list. 9.4 Subject to any agreement to the contrary, the vehicle may only be returned during the Lessor's hours of opening, and only to the Lessor or to its authorised partner 9.5 If the vehicle is returned to the Lessor outside the hours of opening or at a location other than the one agreed, the risk of accidental deterioration is not transferred to the Lessor until the vehicle is actually in the Lessor's possession or actually reaches the contractually agreed point of return. The risk of vehicle damage is borne by the Lessee during this period. 9.6 Where good cause exists, the Lessor is entitled to request the premature return of the vehicle. Furthermore, the Lessor may assert the right to retake possession of the vehicle, should the Lessee not return the vehicle to the Lessor at the agreed time. In this case, the Lessee shall pay an additional usage charge for every additional started day beyond the agreed rental period and, as a minimum, equivalent to the fee listed in the current applicable scale of charges. If a special limited-duration tariff is agreed, the valid standard fee at the time shall be applied as a minimum in addition to the agreed rental period. The Lessee shall undertake to pay the Lessor all the expenses that the Lessor incurs in the vehicle recovery. 9.7 When returning the vehicle, the Lessor gives the Lessee a document proving that the Lessee has returned the vehicle and it was accepted by the Lessor, and which can also be sent electronically.
10. Payment, expiry dates, billing
10.1 The total rental value shall be paid by Jaguar Land Rover Portugal Veículos e Peças, Lda. in the name of and on behalf of the Lessee.10.2 The Lessee shall only be liable for payment of any amounts other than the rental price. This includes billing for any fuel shortage upon return of the vehicle or cleaning costs or missing accessories. The signature of the card holder shall be deemed authorisation to debit the full amount of the invoice from the corresponding credit card account. This authorisation shall also be valid for any subsequent debits due to incidents that caused damage, including the costs of towing, traffic violations and any administrative costs arising from the processing, and shall be made after the rental ends. 10.3 Invoices can be delivered electronically, as a hard copy on-the-spot, or by post (exclusive of postage)
11. Lessor liability
11.1 The Lessor undertakes to deliver the clean car, in perfect working order and with safety conditions met, and the mandatory equipment and documentation. 11.2 The Lessor undertakes to replace the vehicle at no additional charge to the Lessee in the event of breakdown caused by a problem with the vehicle during normal use by the Lessee or authorised driver. 11.3 The Lessor is liable in cases of wilful misconduct or gross negligence by it or its representative, pursuant to applicable legal provisions. 11.4 The Lessor shall not assume any responsibility for items left in the vehicle upon its return; this shall not apply in cases of wilful misconduct or gross negligence by the Lessor or the Lessor's representative. 11.5 Liability without fault on the part of the Lessor for initial defects to the vehicle is ruled out.
12.Termination of Agreement
12.1 This Agreement has a fixed term. For this reason, ordinary termination of the Agreement during the rental period is not possible. 12.2 The right of both parties to terminate the Agreement for good reason shall not be affected. Good reason from the Lessor's perspective includes, namely, infringement of sections 4.1 or 4.5 et seq. and payment default.
13. Applicable law, jurisdiction, written form, severability clause
13.1 Amendments or additions shall be in writing.There are no verbal ancillary agreements. 13.2 The applicable law is Portuguese law. The competent court shall be one with jurisdiction over the head office of the Lessor. If the Agreement is entered into with consumers, the territorially competent court shall be competent in the terms of applicable law.
13.3 The Consumer may freely obtain information on the possibility of appealing to the Entidades de Resolução Alternativa de Litígios de Consumo [Alternative Consumer Dispute Resolution Bodies] ("RAL", available at www.consumidor.pt). 13.4 The Lessor reports that they have not joined any RAL body. However, small claims disputes (up to €5,000) are subject to necessary arbitration or mediation when, by express option of consumers, they are subjected to the assessment of an arbitration tribunal attached to the legally authorised consumer dispute arbitration centres on national . 13.5 The Consumer may consult, at all times, the list of available Alternative Consumer Dispute Resolution Bodies under article 17 of Law 144/2015, of 8 September, in its updated version on the Consumer Portal, at www.consumidor.gov.pt
13.6 Should individual provisions of this contract be deemed ineffective or unfeasible or become ineffective or unfeasible after conclusion of the contract, the effectiveness of the remaining provisions of the contract shall remain unaffected. The ineffective or unfeasible provision shall be replaced by an effective and feasible provision that shall be as similar as possible in terms of economic purpose to the one the contracting parties chose or would have concluded, had its ineffectiveness or unfeasibility been recognized at the time.