TERMS & CONDITIONS – VEHICLE RENTAL
We want to make your rental simple and transparent. Therefore, we created this quick summary of our main rules. First, you must present a valid driving licence held for at least one year. Additionally, all drivers must be at least 21 years old to avoid extra age fees. Secondly, you need to return the vehicle with the same fuel level to avoid penalties. Finally, we include third-party liability insurance in your contract. Please read the full terms below for complete details. Furthermore, our local support team works constantly to help you during your stay. Because of this, you can contact us at any time if an emergency happens. In addition, we always check our cars before every delivery. Consequently, you will receive a clean and safe vehicle for your holidays.
Gar 105 rents vehicles according to the prices agreed in the specific conditions of the rental agreement.
Before booking or renting a vehicle, customers are advised to carefully read these general rental terms and conditions.
In the event that the reserved vehicle group is unavailable at the time of delivery, Gar 105 guarantees the delivery of a higher vehicle group at no additional cost.
The vehicle described in the rental agreement may only be driven by the persons identified in the contract, who shall be responsible for all violations committed under the Highway Code, Civil Code, and Criminal Code, as well as for any damage caused to the rented vehicle.
Rental Requirements & Driving Restrictions
The hirer declares that they hold a valid driving licence and must check the general condition of the vehicle before pickup and upon return.
The use of the vehicle outside Madeira Island is not permitted. The use of the vehicle for sportive driving or outside public roads is strictly prohibited.
1. General Rental Information
1.1
The hirer and additional drivers must hold a valid driving licence for at least 1 year and carry valid identification documents.
The hirer and additional drivers must be at least 21 years old.
If the driver is between 21 and 25 years old, inclusive, a fee of €8.00 per day per driver will be charged, including local tax.
The rented vehicle must be returned on the agreed date, time, and location. To change the return date, time, or location, the customer must notify Gar 105 at least 24 hours in advance. Otherwise, the use of the vehicle will be considered unauthorized.
The rental price does not include fuel, parking fees, fines, or towing services in the event of an accident, even if caused by third parties. The hirer is responsible for paying any fines incurred during the rental period.
1.2 – Fine/Penalty Management and Administration Service
In the event of traffic fines or any other penalties related to the use of the vehicle during the rental period, Gar 105 is legally obliged to identify the main driver and will charge the hirer €50.00 for this service, for each fine/penalty received.
In the event of an accident/claim, the driver must complete the Accident Statement Form (DAF) and deliver it to Gar 105.
Gar 105 will charge the hirer €100.00 for accident management, damage processing, and advisory services (DAF).
The same conditions apply to the processing of penalties related to unpaid parking meters by the hirer.
2. Payment Conditions
2.1
Payment for the rental must be made before the start date of the rental and may be completed by bank transfer, MB Way, credit/debit card, or cash.
Accepted credit cards: Visa Card, Eurocard, and Mastercard.
The customer must be the holder of the credit card used to make the payment and reservation confirmation. The expiry date of the card must not be less than one month after the expected end date of the rental agreement.
All additional payments shall be made using the same credit card.
The amount charged at the time of vehicle pickup includes: rental value, additional fees (when applicable), agreed complementary services, and applicable taxes.
If the customer does not choose CDW or SCDW insurance, a security deposit between €1,200.00 and €1,600.00 will be blocked, depending on the rented vehicle group.
If the customer chooses CDW or SCDW insurance, no security deposit will be blocked.
The release period for the security deposit, when processed through a payment terminal (TPA), may take up to 30 days, depending on the payment system and the hirer’s bank.
The release of the security deposit/credit authorization is an automatic operation and does not require any action or confirmation from Gar 105.
3. Reservation Changes and/or Cancellation
3.1 – Reservation Changes
Reservations may be changed free of charge up to 48 hours before the start of the rental period, always subject to Gar 105 availability.
3.2 – Reservation Cancellation and “No-Show”
Reservations may be cancelled free of charge up to 48 hours before the start of the rental period.
If the cancellation is made within the 48 hours prior to the start of the rental period, no refund will be issued.
At the time of booking, we request the flight number through the website, WhatsApp, or e-mail.
If the customer fails to appear at the location, date, and time specified in the reservation, the rental will be considered a “no-show”, and no refund of the advance payment will be issued.
If the vehicle is picked up late or returned earlier than agreed, no refund will be issued.
Cancellations may be made by letter, telephone, or e-mail.
Address: Rua do Janeiro, Urbanização Estrelícia No. 22, 9100-208 Santa Cruz – Madeira
Telephone: +351 919 009 092
E-mail: gar105.carrental@gmail.com
4. Hirer’s Obligations (Driver)
4.1
The hirer declares that they have received the vehicle in good condition, clean, and with all corresponding equipment, accessories, and documents.
The hirer must check the condition of the vehicle at the time of pickup and return.
The vehicle must be delivered and returned at the agreed locations. Any changes to the delivery or return locations requested by the hirer shall be at the hirer’s expense, and a fee of €100.00 will be charged for each change.
A penalty of €10.00 will be charged for each hour of delay in returning the vehicle.
4.2 – Fuel
The vehicle must be returned with the same fuel level as when delivered. The hirer shall be responsible for the missing fuel, plus a refueling service fee of €25.00.
Incorrect refueling, even when no mechanical or engine damage occurs, will result in a charge between €500.00 and €1,000.00 (including towing), depending on the rented vehicle group, plus the value of the missing fuel.
4.3
In the event of mechanical breakdown or accident, the hirer must contact Gar 105 as soon as reasonably possible according to the circumstances.
The hirer is requested to keep copies of all completed documents.
In the event of an accident, it is mandatory to contact the Public Security Police (PSP) for completion of the Accident Statement Form (DAF).
If the hirer fails to return the vehicle according to the agreed rules with Gar 105, the hirer shall be responsible for the payment of a penalty corresponding to the applicable excess amount, which shall be charged immediately after the end of the rental agreement.
5. Vehicle Delivery / Return Outside Business Hours
5.1
Vehicle delivery or return outside Gar 105 operating hours is subject to an extra fee of up to €50.00 per trip.
At the time of return, the vehicle must be reasonably clean. If extra time and resources are required for cleaning, a fee of €150.00 will be charged.
If the vehicle requires special cleaning (odor removal, stains caused by animals, liquids, etc.), a fee of €500.00 will be charged.
Operating hours: 24/7.
6. Insurance
6.1
The rental agreement includes mandatory third-party liability insurance, insurance against vehicle damage and theft (limited to the maximum applicable excess amount), and VAT.
CDW insurance (Collision Damage Waiver) may be subscribed from €13.00 per day. When subscribed, it includes comprehensive coverage except for rims and tires.
SCDW insurance (Super Collision Damage Waiver) may be subscribed from €20.00 per day. When subscribed, it includes Full coverage and PAI insurance (Personal Accident Insurance).
If SCDW or CDW insurance is contracted, the customer’s liability for damages shall be €0.00, except for damages not covered, limited to the maximum applicable excess amount for each vehicle group.
Damages not covered:
- Clutch damage caused by misuse (burnt clutch);
- Interior vehicle damage when not related to a road accident;
- Theft of objects from inside the vehicle;
- Damage or loss of keys and documents;
- Incorrect refueling;
- Damage caused by negligent or improper use of the vehicle (e.g., off-road driving);
- Damage resulting from driving under the influence of alcohol or illegal substances;
- Intentional damage caused by the hirer (driver).
Personal Accident Insurance (PAI)
PAI insurance (Personal Accident Insurance) guarantees, in the event of an accident, medical expenses up to a maximum of €1,500.00 and compensation for death or permanent disability up to a maximum of €15,000.00 per occupant, up to the seating capacity of the vehicle.
ATTENTION: Insurance shall only be valid if the hirer (driver) contacts the Public Security Police (PSP) to report the occurrence and complete the Accident Statement Form (DAF), regardless of the extent of the damage.
All responsibility shall pass to the customer if they fail to inform Gar 105 and the PSP of the accident as soon as reasonably possible according to the circumstances.
If the accident is not officially reported, the hirer (driver) shall be responsible for all damages not previously registered in the rental agreement and identified as “new damages” at the time of vehicle return.
6.2 – Roadside Assistance
Mandatory Insurance (with deposit):
24-hour service including, free of charge, a replacement vehicle at a Gar 105 agency, always subject to availability and provided there is no fault by the hirer. Includes vehicle towing service.
SCDW or CDW Insurance (without deposit):
24-hour service including, free of charge, a replacement vehicle at a Gar 105 agency, always subject to availability and provided there is no fault by the hirer. Includes vehicle towing service and passenger transport to their destination.
6.3 – Excess Amounts
Maximum excess amounts applicable by vehicle group:
- Groups A to D: €1,200.00
- Groups D1 to Z: €1,600.00
7. Prohibited Use
7.1
The use of the vehicle is prohibited:
- Outside the territorial limits of Madeira Island without prior written authorization from Gar 105;
- In sporting competitions or races, official or unofficial;
- Outside public roads;
- For sportive driving.
ATTENTION: Smoking is strictly prohibited in all Gar 105 vehicles.
8. VAT
8.1
VAT in the Autonomous Region of Madeira corresponds to 22%.
All fines and fees include VAT.
9. Fees
9.1
- Child or baby seat: from €7.00 per day;
- Additional driver or driver aged between 21 and 25 years old: from €8.00 per day;
- Vehicle pickup and delivery outside our facilities: €60.00 per trip.
All fees may be changed without prior notice at any time of the year.
10. Judicial Obligations
10.1
Both parties agree that any dispute arising from the present agreement shall fall under the jurisdiction of the Court of Funchal District, unless this causes serious inconvenience to one of the parties without prejudice to the interests of the other.
11. Complaints
11.1
Gar 105 provides a physical and online Complaints Book through the website www.livroreclamacoes.pt.
Customers may also submit complaints through the e-mail reclamacoes@amt-autoridade.pt, as well as through the e-mail address gar105.carrental@gmail.com.
12. Data Protection
12.1
The customer authorizes the insertion of their personal data into a file processed by Gar 105, as well as the sending of commercial communications and satisfaction surveys by electronic means, in compliance with national and European legislation in force, namely Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data, as well as guidelines issued by European and national authorities.
The customer has been informed that they may exercise their legal rights regarding their personal data by sending a registered letter to:
Gar 105 Car Rental Madeira Lda,
Rua do Janeiro, Urbanização Estrelícia No. 22
9100-208 Santa Cruz – Madeira
or by e-mail to: gar105.carrental@gmail.com
Situations Not Cover by SCDW Insurance:
Although SCDW coverage significantly reduces the renter’s liability, additional charges may still apply in cases of misuse, negligence, or situations not covered by the insurance.
Situations Not Covered:
Interior damage or loss of keys/documents:
Examples include: lost keys or vehicle documents, burned or damaged seats, broken interior parts, when NOT caused by a road accident, etc.
→ Charged up to the full excess amount applicable to the rental vehicle group. .
Wrong fuel (misfuelling):
→ Charged up to the full excess amount applicable to the rental vehicle group.
Returning the vehicle with less fuel than agreed:
→ Missing fuel cost + €25 refuelling fee.
Mechanical damage caused by misuse:
Examples include: mechanical damage caused by improper use of the vehicle, such as driving with a flat tire, red warning/information lights illuminated on the dashboard, or similar situations.
→ Charged up to the full excess amount applicable to the rental vehicle group.
Traffic or parking fines:
If requested, we may process the payment on your behalf.
→ €50.00 administration fee per fine, plus the fine amount.
Important Information:
- SCDW coverage removes the requirement for a security deposit.
- However, damages caused by negligence, misuse, or situations excluded from the insurance terms may still be charged.
- All charges are limited to the maximum excess amount applicable to the rental vehicle group.
Excess by Vehicle Group:
- Groups A to D: €1,200.00
- Groups D1 to Z: €1,600.00
Payment & Invoicing:
- All prices include VAT.
- Invoices are sent by email or WhatsApp after the rental period.
Thank you for choosing us and drive safely.
Vehicle Pickup and Return Outside Regular Business Hours
GAR 105 provides a 24-hour vehicle pickup and return service.
The following out-of-hours service fees apply:
- From 8:00 PM to 9:00 PM: €5.00 per service;
- From 9:00 PM to 10:45 PM: €10.00 per service;
- From 10:45 PM to 6:45 AM: €25.00 per service.
The renter is required to comply with the previously agreed vehicle return date and time.
In the event of a late return, a fee of €5.00 will be charged for each 15-minute period beyond the agreed return time.
GAR 105 reserves the right to charge any additional costs resulting from significant delays that may affect subsequent reservations or the normal operation of the company.
Legacy CDW Insurance (No Longer Available for New Rentals)
The following conditions apply exclusively to rentals where the optional CDW (Collision Damage Waiver) insurance was purchased before this insurance option was discontinued by GAR 105 Car Rental Madeira Lda.
CDW insurance is no longer available for new reservations. The information below is provided solely for customers with existing or previous rentals under this insurance option.
Charges for Damage and Situations Not Covered by CDW Insurance
Although CDW insurance reduces the renter's liability, additional charges may still apply in cases of negligence, misuse, or situations not covered by the insurance.
Damage to Rims:
(Standard amount per wheel)
Standard rim – Minor scratches (repair and repaint):
→ €100.00 + one day's rental while the vehicle is under repair.*
Polished rim – Minor scratches (repair and repaint):
→ €150.00 + two days' rental while the vehicle is under repair.*
Standard rim – Major scratches (repair and repaint):
→ €170.00 + one day's rental while the vehicle is under repair.*
Polished rim – Major scratches (repair and repaint):
→ €220.00 + two days' rental while the vehicle is under repair.*
* Charges are limited to the maximum applicable excess for the rented vehicle group.
Note:
If the rim already has previous damage, only 50% of the applicable repair amount will be charged.
Damage to Tyres:
(Price per pair of tyres)
15-inch tyres:
→ €170.00 + one day's rental while the vehicle is under repair.*
16-inch tyres:
→ €190.00 + one day's rental while the vehicle is under repair.*
17-inch tyres:
→ €240.00 + one day's rental while the vehicle is under repair.*
18-inch tyres:
→ €280.00 + one day's rental while the vehicle is under repair.*
* Charges are limited to the maximum applicable excess for the rented vehicle group.
Interior Damage Caused by Negligence:
Examples include: burned or torn seats, broken glove compartment, damaged interior trim or controls, lost keys or vehicle documents, or any other interior damage not resulting from a road traffic accident.
→ Charged up to the full excess amount applicable to the rental vehicle group.
Wrong Fuel (Misfuelling):
→ Charged up to the full excess amount applicable to the rental vehicle group.
Returning the Vehicle with Less Fuel than Agreed:
→ Missing fuel cost + €25.00 refuelling fee.
Mechanical Damage Caused by Misuse:
Examples include: burning the clutch, driving with a flat tyre, ignoring dashboard warning lights, or any mechanical damage resulting from improper use of the vehicle.
→ Charged up to the full excess amount applicable to the rental vehicle group.
Traffic or Parking Fines:
If requested, GAR 105 Car Rental Madeira Lda. may process the payment of traffic or parking fines on the renter's behalf.
→ €50.00 administration fee per fine, plus the fine amount.
Important Information
Customers who purchased CDW insurance without leaving a security deposit remain responsible for any damage resulting from negligence, misuse, or situations excluded from the insurance terms. Applicable charges will be calculated according to the fixed amounts listed above or up to the maximum excess applicable to the rented vehicle group.
Vehicles must be returned with the rims reasonably clean to allow a proper inspection. If dirt or brake dust prevents the inspection from being carried out, an additional €50.00 cleaning fee may be charged.
Excess by Vehicle Group:
- Groups A to D: €1,200.00
- Groups D1 to Z: €1,600.00
Payment & Invoicing
All prices include VAT at the legal rate in force.
Invoices are issued after the rental period and sent by email or WhatsApp.
Thank you for choosing GAR 105 Car Rental Madeira Lda. We wish you a safe and enjoyable journey.