2. USE OF THE VEHICLE
2.1. The LESSEE is responsible for the vehicle and for any optional extras during the hire period and until he hands over the vehicle to TURISCAR under the terms contracted. 2.2. The hire period starts at the time when the LESSEE signs the vehicle hire agreement and it ends when TURISCAR takes possession thereof and of the respective key.
2.2.1. If the LESSEE decides to return the vehicle outside business hours, he shall remain responsible for the vehicle until TURISCAR takes possession thereof.
2.2.2. When using the “Delivery and Collection” service, the LESSEE shall be responsible for the vehicle as from such time as it is delivered to it and until TURISCAR sees to its collection and takes possession thereof.
2.2. The LESSEE undertakes to:
Carry out the normal, prudent usage of the vehicle, in a lawful manner and for lawful purposes, complying with the Law, in particular with the Highway Code, making sure that the vehicle is locked and has all its windows, sunroof and bonnet duly closed when it is not being used, not leaving any of its documents inside, without prejudice to being the holder thereof, and using the appropriate fuel;
Return the vehicle at the end of the hire period, in the same state of working order and with its equipment and documents;
Immediately communicate any operating defect or anomaly with the vehicle;
- Avoid, through act or omission, third parties from getting the idea that the vehicle is your property, notifying TURISCAR forthwith in the event of any pledge, seizure, theft, robbery, requisition, confiscation or any other offence against the ownership, possession or custody of the vehicle.
2.3. Without prejudice to civil liability, the LESSEE, subject to exclusion from the insurance coverage, shall not allow the vehicle to be:
Driven by someone who has not been identified and accepted by TURISCAR, in accordance with the stipulations of the Agreement or any annex or alterations forming an integral part thereof; driven under the influence of alcohol, narcotics or any other similar unstable state which directly or indirectly reduces his perception and reaction capacity; driven by someone aged under 19, 20 or 25 years old and holding a valid driving licence for less than 1 year or 2 years, depending on the group to which the vehicle belongs;
Used to push or pull any vehicle or trailer or any other object with or without wheels; used for sports training or trials of any nature, whether official or otherwise; used for transport in breach of the Law;
2.4. As regards the vehicle, its documents, tools, parts and components, the LESSEE is forbidden from carrying out the following acts: subletting, lending, assigning, selling, encumbering or in any way providing as collateral, transforming, modifying or placing advertising or commercial references.
2.5. The LESSEE is the sole party liable for any administrative fines, additional sanctions, fines and other penalties that the Courts and Administrative Authorities determine further to any administrative offence and criminal procedures deriving from use of the vehicle, during the hire period.
2.6. The LESSEE may only use the vehicle outside Mainland Portugal in countries covered by the International Green Card Certificate, after written authorisation by TURISCAR, which may require the provision of an additional guarantee up to the limit of the commercial value of the vehicle; the LESSEE must request authorisation, giving minimum notice of 48 hours and if TURISCAR fails to respond it shall be assumed that the vehicle’s trip has not been authorised.
2.7. The Agreement shall be deemed to have been automatically terminated if the vehicle is used under conditions which constitute a breach thereof and TURISCAR shall be entitled to recover the vehicle at any time and in any way, without the need for prior notice, with any costs being the exclusive responsibility of the LESSEE, without prejudice to any compensation to which TURISCAR or third parties may be legally or contractually entitled, where applicable.
2.8. The LESSEE shall be the sole driver of the hired vehicle, unless an additional driver has been indicated in the hire agreement or annex thereunto. Should this be the case, the LESSEE is responsible for ensuring compliance with the present General Terms and Conditions by any additional driver or any passenger authorised by him to travel in the vehicle. The LESSEE is also liable for any costs or charges incurred by TURISCAR as a result of a breach of the present General Terms and Conditions by an additional driver or passenger.