CAR RENTAL TERMS & CONDITIONS

The company Gar 105 rents the vehicle for the price agreed in the particular conditions of the contract. • Before booking or renting a vehicle, it is recommended to read the general conditions of car rental. • In the event of unavailability of the reserved group vehicle at the time of delivery to the customer, Gar 105 guarantees the delivery of a upper group vehicle than the one booked, for no additional cost. • The vehicle described in the rental conditions can only be driven by the people agreed in the contract, who are responsible for all infractions committed under the Highway, Civil and Criminal Code, as well as for the damage caused to the rented vehicle. • The Hirer declares to have a valid driving license and must check the general condition of the vehicle before picking it up and when returning it. • The use of the vehicle outside Madeira Island is not authorized and its use in sports style, as well as outside public roads, is prohibited.

1. General rental information

1.1 - The Hirer and the additional drivers must have a driving license (minimum 1 year) and must carry identification documents. • The renter and additional drivers must be at least 21 years old. • If the driver's age is between 21 and 25 years old, a fee of €8.00 per day will be charged for each driver, including local tax. • The rented vehicle must be returned on the agreed day, time and place. To change the day, time, and place of return of the vehicle, the customer has to notify Gar 105 24 hours in advance. Otherwise, the use of the vehicle will be illegal. • The rental price does not include fuel, parking fees, fines and towing in case of an accident, even if caused by a third party. The renter is responsible for paying the fines incurred during the rental period.

1.2 - Fines management and administration service: In case of a traffic fine, or any other kind for use of the vehicle during the rental period, Gar 105 is required by law to identify the main driver and will charge €50 to the hirer for this service, for each infraction/fine received. • In the event of an accident/claim, the driver must fill out the accident declaration (DAF) and deliver it to Gar 105. • Gar 105 will charge the renter €100 for the claims management, damage processing and counseling (DAF) service. • The same conditions apply in the case of the processing of fines related to non-compliance with the payment of parking meters by the renter.

2. Payment terms

2.1 - The payment of the rental is made in advance of the start date of the rental and can be made by bank transfer, MB Way, credit/debit card or cash. Credit cards accepted: Visa Card, Eurocard and Mastercard. • The customer must be the owner of the credit card through which he will make the payment and confirm the reservation. The card's expiry date may not be less than one month after the expected date of the end of the rental contract. All additional payments will be made with the same credit card. • The amount that will be charged to the credit card at the time of pick-up includes: rental value, value of all additional fees (if applicable), value of the agreed complementary services, and applicable tax. • If the customer does not opt for CDW or SCDW insurance, at the time of pick-up of the vehicle, a franchise between €1200 and a maximum of €1600 (depending on the group of the rented vehicle) will be blocked as a guarantee. If the customer opts for CDW or SCDW insurance, the franchise will not be blocked. The deadline for unlocking the franchise, when carried out by POS, may take up to 30 days (depends on the payment system and the renter's bank). The release of the franchise/credit authorization is an automatic operation, without the need for any action or confirmation on the part of the Gar 105.

3. Change and/or cancellation of the reservation

3.1 - Change of reservation - The reservation can be changed free of charge up to 48 hours before the start of the rental but always subject to availability by Gar 105.

3.2 - Cancellation of the reservation and (No-Show) - The reservation can be cancelled without any type of penalty, up to 48 hours before the start of the rental. • If made within 48 hours prior to the start of the rental, there will be no refund. • At the time of booking, we request the indication of the flight number through the website, via WhatsApp or e-mail. • In case the Customer does not show up at the location, day and time indicated in the reservation, the rental will be considered as a "no-show" and there will be no refund of the advance payment. • If the vehicle is picked up late or returned early, there will be no refund. • Cancellation can be made via letter, mobile phone, or by email. Adress: Rua do Janeiro, Urbanização Estrelícia n.º 22, 9100-208 Santa Cruz – Madeira; Telephone: 919 009 092; Email: gar105.carrental@gmail.com .

4. Obligations of the Lessee (Driver)

4.1 - The Hirer declares to have received the vehicle in good conditions of use and cleanliness, with the respective equipment, accessories and documents. • The Hirer must check the condition of the vehicle at the time of pick-up and drop-off. • The vehicle must be delivered and returned to the contracted locations. Any change in the delivery or return locations by the renter will be at the renter's own expense, and an amount of €100 will be charged for each change. • For each hour of delay in return, a penalty of €10 will be charged.

4.2 - Fuel. The Vehicle must be returned with the same level of fuel that was delivered to him, and the Hirer is responsible for paying for the missing fuel, plus the payment of €25 for the refuelling service. • Filling up with the wrong fuel, (although without causing damage to the mechanics or engine), will be charged an amount between €500 to €1000 (includes towing), depending on the group of the rented Vehicle, plus the value of the missing fuel.

4.3 - In the event of mechanical breakdown or accident, the hirer has the obligation to contact the company Gar 105 as soon as reasonably possible and according to the circumstances. The renter is requested to keep copies of the completed documents. In case of an accident, it is necessary to contact the Police (PSP) to fill out the protocol (DAF). • In the event that the hirer does not return the vehicle according to the rules agreed with the company Gar 105, he becomes responsible for paying a penalty in the amount of the applicable franchise, which will be charged immediately after the end of the rental contract.

5. Delivery / Return of the vehicle outside of opening hours

5.1 - The delivery or return of the vehicle outside the opening hours of Gar 105 is subject to the payment of an extra fee of a maximum of €50 per way. • At the time of return, the vehicle must be clean. If extra time and means are needed to clean it, a fee of €150 will be charged. • If the vehicle needs special cleaning (elimination of smells, stains left by animals, stains left by liquids, etc.), the amount of €500 will be charged. • Opening hours: Monday to Friday, from 08:00 to 20:00.

6. Insurance

6.1 - The rental contract includes mandatory third-party insurance, insurance against damage and theft of the vehicle (limited to the maximum amount of the applicable franchise), and taxes (VAT). • CDW (Collision Damage Waiver) insurance can be subscribed from €13 per day. When subscribed, it includes full coverage with the exception of: wheels, tires, glasses, damage to the interior of the vehicle, damage or loss of keys and documents. • SCDW (Super Collision Damage Waiver) insurance can be subscribed from €20 per day. When subscribed, it includes full coverage (with the exception of damage or loss of keys and documents) and PAI insurance (Personal Accident Insurance). • If SCDW or CDW insurance is contracted, the customer's liability for damages is €0.00, with the exception of uncovered damages, limited to the maximum amount of the franchise applicable to each group of Vehicle. • No insurance covers theft of objects from inside the vehicle, damage or loss of keys and documents, incorrect fuel supply, possible damage to the vehicle due to improper or negligent use of the vehicle, due to its use under the influence of alcohol or illegal substances, or caused by the hirer (driver) with the intention of damaging the vehicle. • PAI insurance (Personal Accident Insurance): Guarantees, in the event of an accident, the payment of medical expenses up to a maximum of 1,500.00 Euros and compensation for death or permanent disability up to a maximum of 15,000.00 Euros per occupant (up to the limit of the Vehicle's capacity).

6.2 - Roadside assistance. Mandatory insurance (with deposit): 24-hour service, which includes a replacement vehicle free of charge at a Gar 105 agency, always subject to availability and as long as there is no culpability; Vehicle towing service. • SCDW or CDW insurance (without deposit): 24-hour service, which includes a free replacement vehicle at a Gar 105 agency, always subject to availability and as long as there is no culpability; Towing the vehicle and transporting the passengers to their destination.

ATTENTION! The insurance is only valid if the renter (driver) contacts the Police (PSP) to take care of the occurrence and fill out the protocol (DAF), whatever the damage. The insurance does not cover damage caused by the improper or negligent use of the vehicle by the renter (driver), the use of the vehicle under the influence of alcohol or illegal substances or in case of theft of the vehicle due to loss of keys. • All responsibility will pass to the customer, if he does not inform, as soon as reasonably possible under the circumstances, the Gar 105 company and the police about the accident that occurred. • The hirer (driver) is responsible for all damages that are not recorded in the rental agreement, and detected as "new damages" at the time of return of the vehicle.

7. Forbidden

7.1 – It is forbidden to use the vehicle outside the territorial limits of Madeira Island without prior written authorization from Gar 105; in sports competitions, official or not; Off-road driving and sporty style. ATTENTION! It is strictly forbidden to smoke in any vehicle of the Gar 105 company.

8. VAT

8.1 - VAT in the Autonomous Region of Madeira corresponds to 22%. All fines and fees are inclusive of VAT.

9. Rates

9.1 - Child or baby seat, from €7 per day. • Additional driver or aged between 21 and 25 years, from €8 per day. • Pick-up and drop-off of the vehicle outside our facilities, €60 per way. • All rates may change without prior notice at any time of the year.

10. Judicial Obligations

10.1 - Both parties agree that, for the resolution of any dispute arising from this contract, the court of the District of Funchal will be competent, unless it involves a serious inconvenience for one of the parties, without prejudice to the interests of the other party.

11. Complaints

11.1 - Gar 105 has a physical and online complaints book, through the website www.livroreclamacoes.pt. You can also direct your complaint to the reclamacoes@amt-autoridade.pt website, and also by email gar105.carrental@gmail.com .

12. Data Protection

12.1 - The Client authorizes the introduction of its personal data in a file processed by Gar 105, as well as the sending of commercial communications and satisfaction surveys carried out by electronic means that are in accordance with the national and community legislation in force, Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016,  on the protection of individuals with regard to the processing of personal data and on the free movement of such data and guidelines issued by European and national authorities, model clauses approved by the European Commission or supervisory authorities, as well as any relevant case law, together referred to as the "Data Protection Regime". • The customer has been informed that he/she may exercise the rights over his/her data provided for by law, by sending a registered letter sent to Gar 105, Rua do Janeiro, Urbanização Estrelícia n.º 22, 9100-208 Santa Cruz - Madeira, or to the email address: gar105.carrental@gmail.com .