Terms and Conditions of Service

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CONTRACTUAL CONDITIONS OF THE CAR RENTAL CARS WITHOUT DRIVER OF TORTUGA UNIPESSOAL LDA

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THIS AGREEMENT SHALL BE GOVERNED BY SPECIAL CONTRACTUAL CONDITIONS AND GENERAL PARTICULARS OF THE SAME, WHICH ARE FULL OF KNOWLEDGE OF SUPPLYING, BY HAVING BEEN MADE AVAILABLE ALL THE INFORMATION ABOUT THE SAME.

TORTUGA Unipessoal Lda , on the quality of rent, (hereinafter referred to as "TORTUGA") of hire the lessee (hereinafter referred to as "LESSEE") identified in the contract the motor vehicle described in the same contract (hereinafter referred to as "VEHICLE") in accordance with the terms and conditions specified in the contract of hire, that the lessee read, took note, accepts and, after him be explained, agrees with the affixing their signature on the same undertakes to observe and respect.

Article 1 - USE OF THE VEHICLE

1. The LESSEE undertakes:
   1. Make use of normal and prudent vehicle, complying with the applicable laws and regulations;
   2. Pay the rent;
   3. Not sublet the vehicle, unless otherwise authorized by TORTUGA;
   4. Not lend, sell, transfer, adapt, transform or modify the vehicle without prior written consent of the TORTUGA;
   5. Pay all tolls, physical or electronic, including all administrative costs.
   6. Warn the TORTUGA, immediately, of any defect or malfunction of the vehicle;
   7. To refrain from, by act or omission, contribute to create in the third conviction that the vehicle and its property;
   8. Advise the TORTUGA, immediately, in the event of seizure, seizure, theft, robbery, requisition, confiscation or any other offense of ownership, possession, or possession of the vehicle; and
   9. Return the vehicle, at the end of the period of hire, with the equipment and respective documents in the state that should derive from its normal use and prudent.
2. Under penalty of exclusion from the insurance cover and, therefore, considered as unsafe, the LESSEE agrees to not allow the vehicle to be driven by a person or persons other than those identified and accepted by TORTUGA, as stipulated in the contract or any annex or amendments that it forms an integral part.
3. The LESSEE undertakes also, under penalty of incurring the provisions in the first part of the preceding paragraph, without prejudice to the civil liability for which there is a place, not to use the vehicle or to not allow the same is used for the purposes listed below:
   1. To push or pull any vehicle or trailer and/or any other subject, has wheels or not, unless expressly authorized by the TORTUGA;
   2. For sporting events of any nature, whether official or not;
   3. By a person under the influence of alcohol, narcotics or other similar state of disturbance;
   4. For any transportation in violation of the regulations in force, in particular customs or that in any other way is illegal, contrary to the law or to end illegal;
   5. For the transport of passengers or goods in violation of that, on this matter, if it offers the carnet/ Single Vehicle Document of the vehicle and the other legal rules applicable.
4. The persons authorized to drive the vehicle in accordance with the stipulated in paragraph 1, are subject to and/or condition of being higher than 18 or 21 years, depending on the group to which it belongs to the car, and are holders of valid driving license for at least one year.
5. The LESSEE is obliged to, outside of the periods of use, have the vehicle properly closed and locked and do not leave in the same documents relating to it without prejudice, in any way, be them always bearer.
6. It is expressly forbidden to LESSEE sell, mortgage, encumber or in any way, give the vehicle warranty, this contract, the documents, tools or parts and components or the appropriate make use in such a way as to prejudice the TORTUGA.
7. The LESSEE responds by fines, fines and other penalties that the courts and administrative authorities shall lay down, as a result of the respective processes of Administrative Infractions dog by allegations made against the LESSEE and that this can or should be accused.
8. Any infringement of the provisions of this article authorizes the TORTUGA to withdraw, in any way, the vehicle to the LESSEE or a third party, without prior notice and without prejudice to the claims that, in accordance with legal or contractual, it is obliged to comply with that or to third parties, if any.

Article 2 - VEHICLE STATE

The LESSEE expressly declares that the vehicle was in good conditions of use, equipped with tires that are listed on the registration certificate/document Single Automobile the car in good condition and without holes, unless it is proved otherwise, by committing to the LESSEE to return the car in the condition in which it was delivered.

Article 3 - CAR RENTAL - PRE-PAYMENT - TERM AND RENEWAL

1. The price of the vehicle, the amount of pre-payment and the price of the extension will be determined by the tariffs in force in each moment and paid in advance.
2. In any case, the pre-payment can serve as an extension of the vehicle. For the case of the LESSEE wishes to remain with the vehicle beyond the period originally agreed, the LESSEE is obliged, in writing and in advance, obtain the agreement of the TORTUGA and pay immediately the amount of the rent in course in accordance with the rates in force and the pre-payment of extension agreed and should always carry, while drive with the car, the tabs showing the contract agreement given by TORTUGA for the extension of the contract. In the case of not obtaining the prior written consent of TORTUGA, the contract shall terminate at the end of the initial term or its extension. In the case of do not deliver the vehicle immediately, the LESSEE will be obliged to pay, by way of penalty clause, three times the cost of the car rental agreement with the applicable fare, in virtue of this failure.
3. Failure to comply with the provisions in the preceding paragraph also allows the TORTUGA trigger the civil judicial procedures and/ or criminal apply, in particular the use of procedure appropriate precautionary the refund of motor vehicle.
4. The LESSEE is obliged to return the vehicle to the TORTUGA on the date, time and place provided for in this contract under penalty of not doing so, it is considered terminated the contract, applying in this case the scheme of penalty clause referred to in number 2., "in fine", of this clause.

Article 4 – PAYMENTS

The LESSEE, in addition to the rent, is expressly obliged to pay the TORTUGA as soon as it is requested, namely:

1. Any value pertaining to security or franchise due by rent, in accordance with the tariff in force at the time of hire;
2. If the vehicle is left in a location different from that provided for, without the prior consent in writing of the TORTUGA, there would be an allowance or mileage at a rate of return, in accordance with the tariffs in force corresponding to the distance between the place where the vehicle is the place of origin;
3. The amount corresponding to the duration of the rental and the damage arising from an accident that has given cause or theft and/ or theft that are not covered by insurance, the insurance premiums of the driver and the passengers in the vehicle, if such insurance has been agreed, or to bear any costs of hospitalization and medical care in otherwise or if it exceeds the limits covered by insurance;
4. All taxes and/or fees payable by virtue of the situations provided for in points (a) and (b);
5. The amount of the loss of the documents of the car rented, in value of EUR 70.00 (seventy euros), plus IVA at the statutory rate in force;
6. All judicial and extrajudicial expenses, fines and other penalties, whatever their nature, arising from the breach of any legal rule is attributable to the LESSEE or to the vehicle while in possession of the LESSEE;
7. All other expenses and costs to achieve the payment of any sums due by LESSEE;
8. The cost of the repair and the damage that has been caused, in particular, by shock, collision, overturning, theft and/or theft of the vehicle and its immobilization. For the purposes of this point it is understood that:
   1. On the debits to be carried out shall be used the rates in force at the time of occurrence of the facts;
   2. There will be no place the responsibility of the LESSEE under this paragraph provided that the vehicle has been used in accordance with all the terms and conditions laid down in the contract and, cumulatively, has hired previously with the TORTUGA payment of insurance fee corresponding to the coverage of risks of collision C. D. W. and SUPER C. D. W. , by affixing their signature or heading in the Contract.

Article 5 – INSURANCE

1. The LESSEE or the driver of the vehicle authorized, according to the provisions laid down in Article 1 of this contract, participates as insured of an insurance policy that covers the cars limited liability up to a maximum amount of EUR 50,000,000.00 (fifty million euros), in accordance with the laws in force in the country.
2. The LESSEE agrees to protect the interests of TORTUGA and the Insurance Company TORTUGA in case of an accident during the period of this vehicle, as follows:
   1. Undertakes to participate immediately to police authorities any accident, theft, robbery and/or fire, even if partial; undertakes, also, to participate, within a maximum period of 24 hours, the TORTUGA such accident, theft, robbery and/or fire, even if partial;
   2. Undertakes not to abandon the site of the accident, theft, robbery and/or fire before the arrival of police authorities, failing which he will be blamed for the damage resulting from those in totality, not having the coverage SCDW any effect in the event of non-compliance with this clause.
   3. Undertakes to mention participation in the circumstances in which the accident occurred, the date, time, place, name and address of the witness, the name and address of the owner and the driver of the third vehicle involved and the registration, brand, insurance company and policy number of such third vehicle;
   4. Undertakes not to declare in any case, responsible or guilty of the accident with a third party, under penalty of the TORTUGA exert on themselves right of return.
3. The LESSEE may always choose by supplementary insurance Super C. D. W. and/or P.A. I. (Personal Accident Insurance).
   1. Insurance C. D. W.: otherwise indicate and identify the DFCA - Declaration of Friendly Car Accident - a third party responsible for the damage caused to the car, the LESSEE is responsible for payment of the franchise in force on the date of the contract of hire, except if you have purchased the Super C. D. W. , in that he is not responsible for the franchise.
   2. The guarantees embodied by supplementary insurance Super C. D. W. and P. A. I. , listed in this article, may be null and void and of no effect if the LESSEE and/or the driver does not comply with the provisions of paragraph 4 of this article.
4. Only the LESSEE and/or the authorized drivers by TORTUGA in contract enjoy insurance Super C. D. W. and P. A. I. . To observe this provision implies the total cancellation of the coverages listed in this article. They are also void and the provisions of this article in the event of an accident caused by negligence, drunkenness, use of narcotic or non-compliance on the part of the LESSEE and/or driver of all the general conditions of the car rental and the rules of the highway code and other applicable legislation, being also canceled the coverage of insurance if the LESSEE doesn't return the TORTUGA the keys of your car in case of theft and/or theft.
5. The LESSEE does not absolve the TORTUGA from any and all liability for any loss, theft, theft or damage of any nature concerning the objects and/or utensils transported or who are in the vehicle, including in particular, baggage, and/or goods.
6. Without prejudice to the foregoing, the TORTUGA reserves the right to pass on the LESSEE all other costs incurred in the case of not timely extension and by agreement of the parties to the contract of hire, resulting from an accident and/or theft of your car.
7. Also there will be no insurance coverage for any driver that driving under the influence of alcohol or drugs, in which case the LESSEE and/or the driver will be solely and entirely responsible for damage caused to TORTUGA and/ or to third parties.
8. If the LESSEE deliberately has supplied the TORTUGA false information, in particular regarding their identity, address, telephone contact or validity of driving licenses, the TORTUGA reserves the right to pass on the LESSEE all costs incurred resulting from such statements, without prejudice to the criminal liability that the case fits.

Article 6 - PERFORMING MAINTENANCE ON AND REPAIR

1. The normal maintenance of mechanical resulting from normal use will be for the account of TORTUGA. In the case of the vehicle is immobilized, repairs may only be carried out with the prior written consent of TORTUGA and in accordance with the instructions given.
2. Repairs once made, should be included in invoice duly detailed, with indication of the replaced parts.

Article 7 - FUELS AND LUBRICANTS

1. The fuels are always per account is the responsibility of the LESSEE that should, also, always check the level of oil and water. Any expenditure with oils should be verifiable documentation proven so as to allow the reimbursement.
2. In the event of introduction of fuel and/ or substance of a different type than the one used by car, the LESSEE is responsible for costs associated with the replacement of the fuel, disassembly and cleaning of the tank, engine tuning and other damage to the car, without right of opposition to their amounts, which here expressly disclaims.

Article 8 – TERM RENTAL

All and any changes to the terms and conditions set out in the Articles of this contract and which have not been agreed upon in writing shall be null and void and of no effect.

Article 9 – PERSONAL DATA OF THE LESSOR

1. The personal data of(s) lessee(s) and/ or driver(s) of the vehicle are to supply required for the conclusion of this Agreement, shall remain in the possession of the TORTUGA physical copies (photocopies) or scanned of identity card/passport, driving license and the taxpayer card (or the citizen's card).
2. The(s) lessee(s) grantor(s) of this contract shall authorize, expressly, the TORTUGA to carry out the processing of the data provided. Authorize, also, specifically, through this contract, the provision by the TORTUGA, any components or entities, their full identification in the event of non-compliance with the rules laid down in the Highway Code and supplementary legislation.
3. The personal data are intended for both the identification of tenants and/or drivers of leased vehicles, whether the inclusion, in the case of non-compliance, by some way, the respective contract, on the basis of customer data breach, or the provision of services, market research, as well as marketing actions of TORTUGA or companies from its business group.
4. The TORTUGA and the entity responsible for automatic processing of personal data within the scope of this contract.

Article 10 - PERSONAL PROPERTY OF THE LESSEE

The TORTUGA is not liable to the LESSEE, or any passenger who use the vehicle during the rental, for loss or damage to property caused by the personal property left in the vehicle, during and after the rental period.

Article 11 – ACCIDENTS

In the event of an accident, loss, theft or damage, the occurrence must be immediately reported to police authorities and the competent TORTUGA. The LESSEE undertakes to cooperate with the TORTUGA and competent authorities in any investigation and/or subsequent judicial process.

Article 12 - BREACHES TO THE CODE OF THE ROAD AND COMPLEMENTARY LEGISLATION

The LESSEE is fully responsible for all fines, penalties and/or fines resulting from road traffic offenses and other complementary legislation applicable to traffic rules (tolls, parking, etc. ), during the rental period.

Article 13 - COUNTRIES EXCLUDED FROM THE CAR RENTAL

It is prohibited in all circumstances, the movement of the car hired for any area outside of Sao Tome and Principe.

Article 14 - APPLICABLE LAW, DOMICILE AND CONVENTIONAL FORUM

1. The contract of hire is done in accordance with the Sao Tome's law, and it is governed exclusively.
2. The parties agree expressly for all legal purposes and judicial, in particular to citations and/or notifications related to this contract, their domiciles as set out in this Contract.
3. For all disputes, declaratory or executive, arising from this contract, is stipulated jurisdiction of the district of Lisbon, with the express renunciation of any other, unless violate procedural rule imperative.

Article 15 - INFORMATION AND CLARIFICATIONS

The LESSEE recognizes that all clauses in this contract you were timely and expressly communicated and explained, and that the same was aware of the same, by signing this contract.