Terms & Conditions
GENERAL RENTAL TERMS AND CONDITIONS
The following are the General Terms and Conditions of the Vehicle Rental Agreement without a driver (hereinafter referred to as the Agreement), entered into between NextTur – Rentals & Tourism Services, Sociedade Unipessoal Lda, corporate tax identification number 519194268, with registered office at Rua António Borges Coutinho No. 11 (hereinafter referred to as NextTur) and the Customer (hereinafter referred to as the Customer), with the identification details of both parties set out on page 1 of the Agreement.
1 - Purpose 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 supplementary legislation in force, as well as those established in these General Terms and 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 shall be counted in periods of 24 hours, starting from the exact time at which the Customer rented the vehicle until its return, together with its keys and documentation, to NextTur.
The grace period for returning the vehicle shall be 59 minutes, after which a penalty of €40 shall be charged for failure to return the vehicle, in addition to the amount corresponding to the rental extension 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 Customer did not use the vehicle (including taxes) 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 violation of the provisions of the Agreement, 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 at the time stated on page 1.
If the Customer wishes to extend the rental period, they must check the vehicle's availability with NextTur and make payment for the additional rental days using the agreed payment method. The extension shall be formalised by signing an addendum to the Agreement, either in person at NextTur's office or digitally via email.
If the Agreement cannot be extended due to the unavailability of vehicles or for any other reason, the Customer must return the vehicle on the agreed date and time to the rental station specified in the Agreement.
4 - Cancellation, “No-Show” and Reservation Amendment Policy
Reservations for which the Customer has subscribed to the Super CDW Insurance benefit from free cancellation, provided that the cancellation is made at least 72 hours before the scheduled date and time for vehicle pick-up. In the case of payments made through payment platforms, the fees and commissions charged to NextTur for the respective transaction shall be deducted from the refund.
If the Customer has not subscribed to the Super CDW Insurance, all amounts paid in relation to the reservation are non-refundable, including in cases of cancellation or “No-Show” (failure of the Customer to appear).
The reservation may be amended before and during the rental period, subject to the conditions set out in this Agreement and to vehicle availability at NextTur.
5 - Vehicle Return Conditions
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 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 shall bear the costs relating to restoring the vehicle to its original condition, as well as any damage and losses caused to NextTur as a result of the vehicle being reconditioned, due to the period during which it is immobilised, and any other damage caused to NextTur.
The fuel level shown in the vehicle at the time of pick-up is the minimum and correct level to be maintained upon return. If the vehicle is returned with a fuel level below the level recorded at pick-up, the Customer will be charged a €20 refuelling fee plus the proportional amount for the missing fuel, with ¼ of the tank corresponding to €22.
Damage identified upon return or subsequently identified under section 7.3 shall be assessed in accordance with the Damage Table contained in Annex I to this Agreement.
6 - Consequences of Failure to Return the Vehicle
Returning the vehicle on a date and/or at a time different from those established in the Agreement entitles NextTur to charge the rental amount corresponding to the days of delay in returning the vehicle, in addition to a penalty for the economic losses caused by the unavailability of the vehicle, amounting to €40.00 for each day of delay.
If NextTur delays delivery of the vehicle by more than 59 minutes after the rental Agreement has been entered into, the Customer shall be compensated in the same amount.
Likewise, returning or abandoning the vehicle at a location different from that stated in the Agreement entitles NextTur to demand cumulatively:
i) the rental amount corresponding to the days required to repair the vehicle and make it available for rental;
ii) compensation of €40.00 per day for the economic losses caused by the immobilisation of the vehicle;
iii) the Customer shall be responsible for the costs necessary to recover and transport the vehicle to the location agreed in the Agreement for its return, as well as for any court costs and other legally recoverable expenses arising from the need to pursue the collection of any amounts or obligations under this Agreement through legal proceedings.
NextTur reserves the right to take any appropriate legal action in any case involving the disappearance or failure to return the vehicle, before the competent authorities (judicial, police and administrative), with the Customer bearing all responsibility for any legal and judicial consequences that may arise therefrom, including payment of court costs, penalties and fines.
The unilateral extension of the Agreement by the Customer shall be considered unauthorised (abusive) use of the vehicle for the purposes of the Customer's liability for any damage to the vehicle.
7 - Payments and Payment Method
7.1 Payments – the Customer undertakes to pay NextTur:
a) The charges for vehicle rental, optional protections and taxes determined in NextTur's current tariff (hereinafter, the General Tariff), which has been previously notified to the Customer and accompanies this Agreement. Application of the initially agreed tariff is subject to the vehicle being returned at the place, date and time specified. Tariffs may vary according to the season, and therefore, before renting a vehicle, the Customer shall be responsible for verifying the tariff applicable to them.
b) Other charges in accordance with the contractual and commercial conditions offered by NextTur and expressly stated in the Agreement.
7.2 Additional expenses, Customer liability and authorisation for subsequent charges
After completion of the vehicle rental, the Customer undertakes to pay NextTur, regardless of the coverage contracted, any amounts resulting from the following:
a) A “special cleaning” charge for the costs arising from an additional cleaning service, due to the manifestly inadequate condition of the vehicle at the time of its return, up to a maximum amount of €150.
b) Charges caused by the loss of vehicle documents and keys, and/or the delivery of vehicle keys to the relevant station, in cases of loss, theft, return of the vehicle keys to a station other than the actual return station, or any other situation in which the vehicle is immobilised due to the Customer, in which case the Customer shall pay NextTur fixed compensation of €400.00.
c) Charges resulting from damage/loss of effectiveness of the clutch, in the fixed amount of €850. For the purposes of damage/loss of effectiveness, it shall be considered that the damage was caused by the Customer during driving.
d) The cost of transporting the vehicle by tow truck in the cases provided for in the various clauses of this Agreement.
e) Expenses caused by the loss, theft, deterioration or damage of any vehicle component, namely seats, mats or dashboard, or of the vehicle as a whole, as well as problems resulting from filling the vehicle with the wrong type of fuel.
f) Fines, penalties, sanctions and judicial and administrative expenses caused by traffic or legal infringements, regulations or decree-laws (including those provided for in the Highway Code) governing motor vehicle circulation, shall be borne by the Customer during the term of this Agreement where such amounts have been paid by NextTur.
g) Without prejudice to the provisions of the previous paragraph, NextTur reserves the right to charge the Customer an additional fee of €40 for the administrative costs incurred as a result of processing and communicating such matters to the relevant authorities.
h) The costs of repairing damage caused to the vehicle in the event of an accident, in accordance with the Damage Table contained in Annex I to this Agreement, the existence and amounts of which the Customer declares to know and accept, when any of the following circumstances occur:
- the vehicle has not been used in accordance with the established conditions;
- the accident report – whether in the form of an “European Accident Statement” – EAS – or a “Claims Report” – has not been completed and sent to NextTur within twenty-four hours, or does not correspond to the actual facts;
- the damage results from an accident caused by the Customer's failure to correctly assess the height of the vehicle;
- without prejudice to the coverage, exclusions and excesses applicable to the protection contracted.
i) The costs relating to “Accident Administration and Processing Expenses” up to a maximum amount of €150.
After completion of the vehicle rental, the Customer remains liable for payment of amounts resulting from facts occurring during the period in which the Customer had possession and use of the vehicle, even if such amounts are determined or become known to NextTur after the vehicle has been returned.
NextTur shall notify the Customer in writing of the existence of the additional expense and the reason for it, indicating, where applicable, the amount charged and providing the corresponding supporting documentation.
The amount of the damage shall be determined on the basis of appropriate and reasonable documentation that allows the repair cost to be established, namely a quotation or invoice from a professional entity competent to carry out the repair, an expert assessment or, where applicable, the amounts provided for in the Damage Table contained in Annex I.
Where the Damage Table is used, the Customer declares that they have access to it and accept the amounts provided therein for the damages and situations specifically identified therein.
Whenever the amount initially charged is based on an estimate, NextTur may make the corresponding adjustment after obtaining the final quotation or invoice, charging or refunding the difference according to the actual cost determined and the applicable rules.
NextTur also reserves the right to demand compensation from the Customer for the immobilisation of the vehicle as a result of the damage incurred.
Such compensation shall be calculated according to the number of days required to repair the vehicle, as determined by an expert external to NextTur or after the repair has been carried out, with one day being counted for every eight hours of work performed by the technician, using as the basis for calculation the daily rental rate agreed in the contract, plus the €40.00 per day provided for in the preceding provision, since the days during which the vehicle is immobilised 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 and in accordance with the “Ganvam/Eurotax” Guide in force on the date of the incident.
7.3 – Additional expenses identified after vehicle return
Some expenses for which the Customer is responsible may only be identified or determined after the vehicle has been returned, namely damage that is not immediately visible and that may be detected during or after washing and cleaning the vehicle, as well as fines, repair costs, assistance, special cleaning, missing fuel or other charges related to the rental.
In such cases, NextTur shall notify the Customer in writing of the nature of the expense, the reason and the respective amount, accompanied, where applicable, by the available supporting documentation.
Where applicable, the charge shall be made as a subsequent and separate transaction through the bank card provided by the Customer for this purpose, within a maximum period of 90 days after the original transaction and subject to the other conditions permitted by the applicable payment system.
This authorisation does not permit the charging of amounts not provided for in this Agreement, the General Tariff or the services contracted, nor does it prejudice the Customer's right to dispute a charge under the terms legally applicable.
7.4 Payment Method
Debit or credit card, bank transfer, MB WAY or cash shall be accepted as payment methods.
Where applicable, the Customer shall provide a valid credit card in their own name and provide the respective details for the purpose of additional expenses, which may be different from the payment method used for the rental.
Payment for the vehicle rental, insurance, optional protections, taxes, fees and other additional services contracted by the Customer shall be made in Euros.
8 - Insurance and Coverage
The Customer's liability for loss of or damage to the vehicle shall be determined in accordance with the protection or insurance actually contracted, including its respective conditions, exclusions and excesses, without prejudice to the Customer's full liability for damages or charges resulting from negligent, reckless, improper, abusive or unauthorised use of the vehicle, or from any other situation expressly excluded from the contracted protection.
Taking out a protection or insurance policy does not mean that all damage occurring during the rental period is automatically covered.
8.1 - If the Customer contracts the Damage, Collision or Theft Excess Waiver Option, designated as Super CDW Insurance (Super Collision Damage Waiver), by initialling the space indicated in the Agreement and paying the respective daily amount, the Customer's liability for damage covered by the coverage shall be limited in accordance with the terms and conditions defined for that protection.
Super CDW Insurance does not cover damage resulting from negligent, reckless, improper, abusive or unauthorised use of the vehicle, nor damage expressly excluded under these General Terms and Conditions, the General Tariff or the specific conditions of the contracted protection.
Without prejudice to other exclusions provided for, damage to the underside of the vehicle, the roof or the interior of the vehicle is not covered by Super CDW Insurance when resulting from improper, negligent, reckless or unauthorised use, including damage caused by impacts, scraping, contact with obstacles or driving in places or on surfaces unsuitable for the characteristics of the vehicle.
Super CDW Insurance does not include damage to tyres and wheels, unless the Customer expressly contracts the corresponding additional protection.
8.2 – The Customer may insure against potential damage to tyres and wheels by subscribing to and paying for Tyre and Wheel Insurance.
8.3 – The Customer may insure against Death or Disability, including Medical Expenses, resulting from an accident involving the rented vehicle by subscribing to Personal Accident Insurance – hereinafter referred to by the international acronym PAI (Personal Accident Insurance) – up to the amount insured under the Policy.
8.4 – The insurance shall cease to be effective if the vehicle is driven by a person not identified in the Agreement or if the driver does not hold a valid driving licence.
8.5 – Insurance may be refused if the incident is not reported to the authorities when required, if a police report is not provided in the event of an accident or theft, if the Customer abandons the vehicle without authorisation, or if the Customer does not report the accident/claim to the rental company within 24 hours of the accident/incident.
8.6 – In the event of theft or total loss, the insurance does not provide coverage if the original key is not handed over, if there is no police report, or if the vehicle is used outside the contractual conditions.
8.7 – Insurance never covers: damage to the interior, roof or underside of the vehicle, traffic fines, towing costs or administrative fees.
9 - Customer's Obligations in the Event of an Accident and Other Circumstances
In the event of an accident, the Customer undertakes to:
a) Obtain and send NextTur, within twenty-four hours of the incident occurring, the complete details of the other party and any witnesses, by completing an accident report in the form of a “European Accident Statement – EAS”, 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 policy number, all documents signed by both drivers involved in the accident, or, if unavailable, the “Claims Report”, which shall be provided by NextTur.
b) Immediately inform the police and equivalent authorities (Public Security Police, National Republican Guard and Municipal Police) if the other party is at fault and an investigation is required and/or there are injuries.
c) Not abandon the rented vehicle without taking appropriate measures for its protection.
In the event of vandalism, fire, theft or disappearance of the vehicle, the Customer undertakes to immediately notify NextTur of the occurrence and to report it to the authorities, retaining a copy which shall 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 must 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 other applicable legislation and avoiding, in all cases, any situation that may cause damage to the vehicle or to third parties.
The Customer is also obliged not to allow the vehicle to be driven by a person other than those authorised under this Agreement, and the Customer shall be directly responsible for any damage or loss occurring to the vehicle or to third parties if they allow this to happen.
Any failure to comply with the provisions of these paragraphs shall be considered unauthorised use.
The Customer shall be entirely responsible for damage caused to the interior and exterior parts of the vehicle through unauthorised use and, in such case, shall be obliged to pay all expenses incurred in accordance with the provisions of section 7 of this Agreement.
In the event of legal proceedings involving the situations described above, the Customer shall pay all legal expenses, including court costs, lawyers' and solicitors' fees and, in the event of a judgment against the Customer, the respective compensation established by the court.
Unauthorised use includes, but is not limited to, the following cases, which are provided by way of example:
a) Pushing or towing any other vehicle.
b) Driving in places that are not suitable for public transport, such as beaches, motor racing circuits, forest tracks, private roads, dirt roads, gravel roads or roads that are not suitable for motor vehicle traffic.
c) Driving on unpaved roads, or paved roads with serious defects, which may cause damage to the underside of the vehicle.
d) Driving the vehicle through restricted areas, specifically airport runways and other roads associated with civil and military aviation.
e) Failure to comply with information displayed on the vehicle's instrument panel or warning signals, which the Customer declares to know by signing this Agreement.
f) Transporting goods or animals and, in particular, dangerous, flammable and/or harmful substances for the vehicle or its occupants.
g) Transporting persons or goods that directly or indirectly involve payment to the Customer.
h) Subletting the vehicle.
i) Using the vehicle for any activity contrary to the law.
j) Transporting a number of persons or quantity of luggage greater than that authorised for the vehicle.
k) Any type of manipulation or intervention on the odometer must be immediately reported to NextTur, as must any malfunction thereof.
l) Transporting luggage or any item on the roof of the vehicle, even when using a suitable device.
m) Leaving objects visible inside the vehicle that may be susceptible to theft, with consequent damage to the vehicle.
n) Soiling the interior of the vehicle beyond what would result 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) Using the vehicle for driving lessons under any circumstances and/or teaching any special driving skill.
r) Driving in violation of traffic regulations.
s) Driving the rented vehicle by a person not authorised under the Agreement, whether as a Customer and/or additional driver(s).
t) Driving the vehicle outside the island of São Miguel.
u) Using the vehicle after the rental period has ended.
v) Smoking inside the vehicle, including cigarettes, electronic cigarettes (vapes) or any similar device.
Unauthorised use by the Customer shall entitle NextTur to terminate the Rental Agreement early due to the Customer's culpable breach thereof, requesting, where applicable, the corresponding compensation for losses and damages.
11 - Driving Licence
The Customer must have in their possession the corresponding valid driving licence recognised in the country where the vehicle is delivered by NextTur.
The Customer is directly responsible for the validity and recognition of their driving licence and must hold NextTur harmless in all respects.
12 - Joint and Several Liability
All Customers and/or authorised additional drivers shall be jointly and severally liable for all obligations of the Customer arising under the Agreement and applicable laws.
13 - Theft and Loss of Personal Belongings
NextTur shall not be responsible for any items stolen, forgotten or lost inside the vehicle.
14 - Security Deposit and Authorisation for Additional Expenses
NextTur does not require a security deposit or guarantee deposit, without prejudice to the Customer's liability for amounts which, under this Agreement, are their responsibility.
The Customer may provide NextTur with the details of a bank card for the purpose of additional expenses, expressly authorising NextTur to make subsequent charges to that card in respect of damage, fines, fuel, cleaning, fees, administrative costs and other amounts provided for in this Agreement.
The card provided for additional expenses may be different from the payment method used for the rental.
This authorisation does not prejudice the Customer's rights under applicable legislation.
15 - Approved Mandatory Child Restraint Device
In the case of transporting children under 12 years of age and less than 135 centimetres tall, the Customer must inform NextTur so that the appropriate approved mandatory restraint device, suitable for the child's weight and height, may be provided upon prepayment of the corresponding rental fee.
The installation and correct use of the device shall always be the responsibility of the Customer.
16 - Computerised Processing of Personal Data
For the purposes of the provisions of the legislation in force concerning the protection of personal data and information society services and electronic commerce, NextTur informs the Customer that their personal data will be incorporated into a computerised personal data file created and managed under the responsibility of this company, whose registered office is 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 the Customer informed of all offers, products and promotions, whether its own or those of third parties, which may be of interest to the Customer, by email or any other equivalent means. In the case of commercial communications by email or equivalent means, the Customer gives their express consent to receiving advertising through such means. Consent may be withdrawn at any time by written request addressed to Rua António Borges Coutinho, No. 11, 9500-237 Ponta Delgada, or by email to info@nexttur.pt.
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 for the recovery of losses resulting from such breach.
17 - Customer Support
To make any request for information or submit any suggestion, complaint or grievance, the Customer 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 interpreted in accordance with Portuguese law. NextTur declares its intention to resolve any disagreement amicably. If this is not possible, any dispute shall be submitted to the territorially competent courts, in accordance with applicable legislation.
19 - Translation
Translations of these General Terms and Conditions are provided for information purposes only and shall not be legally binding in their entirety, with only the Portuguese version being legally valid.
Complaints Book
Consumers may submit complaints through the Portuguese Electronic Complaints Book available at:
https://www.livroreclamacoes.pt
