CLAUSE I – DEFINITIONS
FOCO ALUGUEL DE CARROS S/A, with registered office at Rua Padre Carapuceiro, nº 968, Boa Viagem, Recife-‐ PE [Brazil], hereinafter referred to as the Owner; and the Renter, hereinafter referred to as the Renter, as identified in the Car Rental Statement, hereby enter into this Rental Agreement under the following terms and conditions:
Pre-authorization shall be done at the start of the rental and when the customer requests an extension of the Vehicle Rental Agreement. Paragraph Three: The Owner, to protect its assets and that of third parties, reserves the right, at its sole discretion, to carry out a customer information analysis of the Renter and, in certain situations, shall need time for this analysis and credit approval.
USER is the representative/agent of the Legal Entity, appointed thereby and responsible for receiving the vehicle, contracting additional items, signing the Car Rental Agreement Statement, extending the rental term, and returning the vehicle. Paragraph One: The User must be over 21 (twenty-one) years of age, have a valid driver’s license for no less than 2 (two) years, and a valid passport (if not a Brazilian citizen). Renters from Mercosur member countries, without a passport, must present an Entry Form in Brazil issued by the Federal Police, original ID and Driver’s License, and be fully apt to drive the rented vehicle, in accordance with the requirements of traffic legislation, previously qualified and approved by the Owner upon payment of an additional fee. Paragraph Two: The Renter shall be responsible for fulfillment of and compliance with this Agreement, and hereby acknowledges and agrees that the User shall always act on its behalf.
DRIVER is the person indicated by the Renter who also can drive the rented vehicle upon payment of an additional fee, being previously qualified and approved by the Owner and duly identified in the Vehicle Rental Agreement Statement.
Paragraph One: The Driver must be over 18 (eighteen) years of age, have a valid driver’s license for no less than 2 (two) years, and a valid passport (if not a Brazilian citizen). Renters from Mercosur member countries, without a passport, must present an Entry Form in Brazil issued by the Federal Police, original ID and Driver’s License, and be fully apt to drive the rented vehicle, in accordance with the requirements of traffic legislation, previously qualified and approved by the Owner. Paragraph Two: The Renter shall be liable for the Driver’s fulfillment of and compliance with the clauses herein.
FEE PAYABLE BY THE PARTY FINANCIALLY LIABLE FOR THE VEHICLE is the payment of the fee that is mandatory when the credit card details do not belong to the holder of the reservation at the time the vehicle is picked up. The amount is charged for each day of rental.
24H ASSISTANCE: It is the support provided by the Rental Company, involving towing or towing assistance, available exclusively for events that occur within a radius of up to 400 km (four hundred kilometers) away from any Focus store.
CAR RENTAL STATEMENT is the document that identifies, for each rental, the Renter, the User and/or Driver of the rented vehicle, the rental period, prices (rates and services), additional protections and respective limitations, containing debit authorization and granting of powers from the Renter to the Owner, which is signed by the Renter.
VEHICLE INSPECTION SHEET is the inspection form for vehicle pick-up by the Renter and for returning the vehicle to the Owner, which depicts the actual condition of the vehicle and any existing damage thereto, in addition to the quantity of fuel upon vehicle pick-up and return. 8. For all legal purposes, these general conditions, the Car Rental Agreement Statement, the Vehicle Inspection Form, the current rates of the Owner, as well as the proposals and commercial agreements accepted for the rental of vehicles especially to legal entities, are integral parts of this Contract.
CLAUSE II – PURPOSE
- The purpose of this agreement is the rental of vehicles owned, held, utilized or enjoyed by the Owner, which are delivered to the Renter with all the equipment required by the Brazilian Traffic Code, in perfect working order and safety conditions, for a determined period of time, for use exclusively within Brazil, complying with the terms and limits of its use, as set out below, and in the other provisions established between the contracting parties.
- The rented car cannot be used for:
- Transporting people and/or goods in return for consideration of any kind;
- Transporting people and/or goods in excess of the capacity informed by the vehicle manufacturer;
- Towing any other vehicle;
- Participating in races, trials, competitions, rallies, rally segment reconnaissance, and other modalities of competition, contests, or any form of street racing;
- Teaching unlicensed persons how to drive, or driver training in any situation;
- Transporting explosives, fuels, and/or flammable chemicals;
- Transporting goods without the physical documentation required by law and/or smuggled or contraband goods;
- Driving on sand dunes, beaches, lake shores and river banks;
- Any unlawful purposes;
- Political campaigns.
CLAUSE III – TERM
The rental term and place of car return are provided for in the Car Rental Agreement Statement, recorded as “Return Date, Time and Place”.
- The Renter undertakes to use the vehicle during the contracted period; any change in the contracted period must be proposed to the Owner at least 24 (twenty-four) hours prior to the end of the Rental Agreement.
- It is at the Owner’s sole discretion whether or not to accept the extension or amendment of the Agreement. Paragraph One: In the event of an extension of the rental term, the general clauses and conditions of this Agreement shall remain in force, and the customer shall be subject to any price variations of the current rate and loss of any discounts and promotions for periods previously determined and agreed upon under special conditions. Paragraph Two: The extension of the rental shall depend on advance payment of the rental and a new pre-authorization on the credit card presented for payment.
- The extension of rentals with a term of more than 30 (thirty) days must be made personally by the Renter at the same Vehicle pick-up location no later than the thirtieth day of the Rental Agreement in force at that time, counting from the date and time of vehicle pick-up.
- If the Renter does not communicate the need to extend the Agreement or the extension is not authorized by the Owner and the Renter does not return the vehicle, in addition to the measures already contained in this term, a fine of 50% of the contract amount shall be payable.
CLAUSE IV – PRICE
- The rent amount for the purpose of paying for the Rental shall be calculated at the closing of the statement, which shall occur upon returning the rented vehicle or upon the occurrence of any event involving termination of this Agreement, comprising the sum of the amounts of the following items, defined and specified in the current Rate:
1.1. Rental
- DAILY RATE: the daily rate for the vehicle is based on a 24 (twenty-four) hour period, from the time the car is picked up, with up to 60 (sixty) minutes of grace period for return.
- HOURLY CHARGE FOR LATE RETURN: starting from the 25th (twenty-fifth) hour after the rented vehicle is picked up, late-return fees shall be charged (1/6 of the daily rate for each hour late), including the 1-hour grace period; after the 6th (sixth) hour, a charge of 1 (one) new daily rate will be incurred.
- MILEAGE: Mileage will only be charged when rates are contracted that stipulate limited mileage; in the event the speedometer stops working or is tampered with, the average of 500 (five hundred) kilometers per day shall be considered, regardless of the day on which such fact occurred, from the beginning until the effective return of the vehicle.
- PROTECTION FEE FOR RISK COVERAGE: acceptance is optional. The protection rate is valid for 24 (twenty-four) hours, with a one-hour grace period for returning the vehicle. Starting from the 25th (twenty-fifth) hour, the amount of an additional daily rate of the same contracted protections shall be charged, there is no late-return charge for protections.
- ADDITIONAL DRIVER FEE: acceptance is mandatory when there are other drivers/users. The daily rate is valid for 24 (twenty-four) hours with a one-hour grace period for returning the vehicle. Starting from the 25th (twenty-fifth) hour, charges shall apply in the same way as the Daily Rental, according to excess hours (number of hours past the stipulated return time).
- RETURN FEE: is payable when the vehicle is returned to a place other than the original rental location or outside normal business hours, according to the amounts specified in the current price schedule. The same fee shall also be charged in case of rental for a period of fewer than 3 (three) days.
- SERVICE FEE: 10% (ten percent) of the total amount of the Car Rental Agreement Statement.
- The Renter hereby expressly agrees and acknowledges that for rentals with a term of more than 30 (thirty) days, the amount to be paid by the Renter for renting the vehicle may be greater than the amount initially contracted in the event of early return of the vehicle, as any discount granted to longer-term rentals shall not be assured.
1.2. Reimbursement of Expenses and Indemnities
- FUEL: The vehicle must be returned with the same amount of fuel as when it was picked up; the amount of fuel will be marked on the inspection form at the time of vehicle pick-up. Upon return, if the vehicle is not returned with the same amount of fuel that it had at the time it was picked up, the amount corresponding to the reading of the fuel gage (in eighths) shall be charged, based on the specific price schedule, the amounts per liter of fuel shall appear in the statement of acceptance. If the customer has opted to purchase fuel at the time of vehicle pick-up, thus including the corresponding amounts in the respective rental agreement, it shall not be necessary to return the vehicle with the same amount of fuel at the time of pick-up, which may be less. The Owner shall not reimburse the Renter for any leftover fuel, under any circumstances. In the event of an accident with total loss, theft, robbery or fire of the rented vehicle, the respective amount shall be charged referring to the quantity of fuel that the vehicle had at the time of removal, regardless of the situation of the tank at the time of the fact. If the use of adulterated fuel is found, the Renter shall be liable for such act and for any damage resulting from the use of such product.
- VEHICLE WASHING:the vehicle is delivered clean to the customer. If it is returned dirty, on the interior and/or exterior, a fee for simple or special washing will be charged, depending on the condition of the vehicle upon return. In the event that special washing is required, in addition to the washing fee, the minimum amount of 1 (one) daily car rental of the model used shall also be charged, or as many days as necessary until the vehicle is again available for rental, limited to 5 (five) vehicle daily rates based on the current rate.
- VEHICLE DOCUMENTS:when vehicle documents are not returned to the Rental Company, regardless of the reason, a fine in the amount of 3 (three) days of vehicle rental used shall be charged, based on the current rack rate, in addition to the reimbursement of expenses for obtaining duplicate copies of the vehicle document (registration) from the local department of transportation.
- VEHICLE KEYS: if the keys are not returned to the Owner, regardless of the reason, a fine in the amount of 3 (three) days of vehicle rental used shall be charged, based on the current daily rate, in addition to reimbursement of expenses for making replacement keys, based on the price schedule suggested by the automaker and practiced by the dealerships according to vehicle make, model, and year.
- NO SHOW: means the customer’s failure to appear at the agreed-upon place and time for vehicle pick-up and/or return. Paragraph One: for any reservation that is not canceled at least 6 (six) hours before the scheduled time for vehicle pick-up or return service, 1 (one) daily rental of the reserved vehicle shall be charged, based on the current daily rate. The Driver shall also be charged 1 (one) daily rate, when this service is contracted.
- TRAFFIC VIOLATIONS:Fines related to traffic violations: the Renter shall reimburse the amount(s) of the fine(s) related to violation(s), whether under Municipal, State or Federal jurisdiction, plus an administrative fee as a percentage of the amount of the fine or a fixed amount according to the Car Rental Agreement Statement, linked to each traffic violation(s) that occurred during the term of this Agreement.
- VEHICLE IMPOUNDMENT:the Renter shall be charged for all service expenses of the professionals involved to release the rented car, in addition to the fees charged by respective authorities.
- LOSS INDEMNIFICATION:in the event of any loss regarding the rented vehicle, all expenses and indemnities of the Renter shall be charged, within the limits and conditions defined in this Agreement.
- ACCESSORIES, GLASS, AND TIRES:full amount shall be charged in case of theft, robbery or damage to any the rental car’s accessories, glass, or tires. An accessory is any equipment that is not factory original.
- LOST PROFITS:the Renter shall be charged the amounts of revenue that the Owner has failed to bill as a result of impossibility of using the asset in the following cases: 1. Inappropriate use, as provided for in this Agreement or recoverable accident, within a maximum of 30 (thirty) days; 2. In cases of vehicle impoundment by the competent authorities caused by fault of the Renter/Driver, until full release of the vehicle; 3. Misappropriation, until the Owner receives the recovered car or the Owner receives the respective indemnity (whichever occurs first), limited to a maximum of 180 (one hundred eighty) days;
- FORFEITURE:if any authority determines the penalty of forfeiture of the rented vehicle as a result of the illicit or improper use of the vehicle by the Renter/User/Driver, the latter shall pay the value of the vehicles to the Owner, as quoted on the local market.
Paragraph One: In addition to the previous items, the basis for calculating the Price, when contracted, includes home pick-up and return fees, driver services, municipal, state or federal fees and/or taxes in force or that may be instituted, financial charges in the event of late payments, and any other fees/refunds found to be applicable.
Paragraph Two: The Renter: shall allow, at any time, the unobstructed inspection of the vehicle by the Owner, whenever the latter, at its sole discretion, deems appropriate.
CLAUSE V – OWNER’S OBLIGATIONS
- Deliver the vehicle to the Renter clean, in perfect working order and safety conditions, with all equipment and documents up-to-date as required by current legislation.
- Guarantee the reservation for a period of up to 1 (one) hour after the scheduled time for vehicle pick-up, provided that such grace period is within the normal operating period of the Location of the respective Rental.
- Replace the rented vehicle, at no cost to the Renter, in the event of a breakdown due to electrical or mechanical defect, stemming from normal use.
Paragraph One: When the defect found allows the vehicle to be driven, without worsening the problem and provided the vehicle presents no risk to the drivers, the Renter shall have the vehicle replaced at Owner’s nearest Location.
Paragraph Two: In the event such defect makes it impossible for the vehicle to be driven, the Owner shall arrange for the removal and replacement of the vehicle at no cost to the Renter.
Paragraph Three: If the vehicle has been removed and, after checking vehicle condition, a defect is found to have been caused by an accident or improper use of the vehicle, as defined in item 10.1.8 of Clause VII, below, e.g., in the event of the blown engine, or when the removal is unnecessary or avoidable, e.g., when vehicle is out of fuel, the Renter shall pay the Owner the amount of the wrecker service plus the amount of a fine in the amount of 1 (one) day’s rent of the car used, based on the current rate, regardless of the type of risk coverage contracted.
- Maintain full-time customer service for the Renter through a Call Center in case of breakdown, accidents and/or roadside emergencies with the Rented vehicle.
CLAUSE VI – RENTER’S RESPONSIBILITIES
- Safeguarding and using the Rented vehicle:
1.1. The Renter undertakes to drive, park, or keep the vehicle under safe conditions, making use of all protective equipment available on the vehicle, in accordance with the purposes and limits defined in this Agreement.
1.2. The Renter may not leave Brazilian territory with the vehicle, without the express written authorization of the Owner.
1.3. With the rental and effective receipt of the vehicle, the Renter recognizes and assumes the legitimate and autonomous possession of the car, for all purposes of rights and duties, and the Owner shall be held harmless from any legal or contractual joint or several liability for any indemnities arising from the use and/or circulation of the vehicle, accidents, and/or traffic violations, in accordance with art. 265 of the Brazilian Civil Code.
Paragraph One: Upon receipt of the vehicle, the Renter must check the amount of fuel existing in the rented vehicle, and must return the vehicle with the same amount as received, according to clause IV,1.2,a.
Paragraph two; It is hereby agreed that the Renter shall not be entitled to reimbursement if the vehicle is returned with an amount of fuel greater than the amount of fuel existing in the vehicle when it was picked up.
1.4. Be responsible for the bearing the expenses all events arising from the loan or transfer of the rented vehicle to third parties, even if Renter has prior and formal authorization from the Owner at the time of the rental.
1.5. Not to have any repairs made or authorize any service on the rented vehicle without the express and prior consent of the Owner.
1.6. Keep the Vehicle in good condition, observing the manufacturer’s and Owner’s recommendation regarding maintenance and revisions. The Renter shall also observe the need to maintain water and oil levels when traveling for long distances and/or in situations of usage that demand such attention.
Sole paragraph: The Owner shall not reimburse the Renter for any expenses incurred for repairs or services on the rented vehicle without the Owner’s prior and formal authorization.
1.7. Call the Owner’s Service Center whenever necessary, especially in cases of breakdowns and/or accidents, being aware that the Owner shall not reimburse for the same expense on tow service, since the Rental Company provides such service.
1.8. The Renter is responsible for all amounts, fees, expenses and indemnities mentioned in Clause IV, regardless of when they are found, provided they unequivocally occurred in the period during which the rental was in force.
- Returning the rented Vehicle:
2.1. Return the Rental vehicle on the pre-determined date and time; vehicle shall be returned at the same place it was picked up by the Renter, unless agreed in writing between the parties that the vehicle will be returned at a different location.
Paragraph one: In the event that the rented vehicle, for any reason, is towed away by competent authorities, the Renter must notify Foco’s Service Center, which shall recognize the termination of the rental only when it recovers direct possession of the vehicle in proper driving condition and ready to be rented out again.
Paragraph Two: In the event that the rented vehicle is involved in an accident, fire, theft, robbery or total loss, the Owner shall only recognize the return of the vehicle and termination of the Rental on the date and time of the Claim Notice, regardless of the date and time of the occurrence of the event.
Paragraph Three: Any unjustified delay for more than 48 (forty-eight) hours in the return of the vehicle shall automatically be deemed as misappropriation.
Paragraph Four: Once such misappropriation is characterized, the Renter shall be subject to the criminal and civil sanctions resulting therefrom, as well as bearing all in-court and out-of-court expenses that the Owner disburses in the search, seizure and effective repossession of the rented vehicle.
Paragraph Five: The Owner, however, shall only recognize the termination of the Rental on the date and time of the Police Report, regardless of the time and date of the occurrence of the fact. In this case, the rent amount contracted until the date and time of the occurrence shall be arbitrated by the Owner, under the terms and for the effects of art. 575 of the Brazilian Civil Code and the provisions of this contract, without prejudice to the Renter’s liability for damages it causes.
2.2. The Renter agrees that if the vehicle is returned in clean and hygienic conditions that make it impossible to identify damage or malfunctioning (interior, exterior, or accessories) at the time of its return, the Owner shall carry out a new inspection and verification after washing the Vehicle. Renter agrees and acknowledges that such damages shall be charged directly to Renter, even after termination of the Rental Agreement.
- Compensatory Liability:
3.1. The Renter shall bear the costs, payments or full indemnities, as well as the burden related to in-court or out-of-court claims arising from events involving the Rented vehicle and/or Damages to Third Parties.
3.2. The Renter shall be fully liable for any amounts that may exceed the contracted protection.
3.3. In the event of legal action against the Owner filed by third parties, the Renter shall accept the Impleader or Third-Party Practice, respectively provided for in art. 125, item II and in art. 130, both of the Brazilian Civil Procedure Code.
3.4. To agree with any act that the Owner files, through the legal procedural means that it may have available, for its call to the legal actions that may be lodged against it by aggrieved third parties, aiming at indemnities of any nature (including but not limited to material damages, bodily harm, pain and suffering, and/or loss) resulting from events with the rented vehicle, and shall join the defendant side in such suits.
3.5. The Renter recognizes that the Owner’s indemnification liabilities are limited to those contractually agreed upon, and the Renter is liable for all burdens that exceed them, whether in court or out of court.
3.6. Not included in the protections provided for in this article are the cost of towing, removal and other possible expenses (accommodations, meals, travel), which shall be borne by the Renter.
3.7. Estimates referring to services for repairing damage to the rented vehicle, as well as the purchase of new parts and accessories to replace those that have been damaged, shall always be based on the price list of mechanics’ shops authorized by the carmaker’s factory.
- Traffic Tickets:
4.1. The Renter unequivocally declares to be aware of its liability for the payment of fine(s) resulting from traffic violation(s) or citation(s) registered during the period of the motor vehicle rental. It is also liable for the points on driver’s license and other penalties arising from parking tickets / moving violations registered during the term of the Agreement, as provided for in art. 257 paragraph 7 of Law 9503/97 combined with CONTRAN Resolution 404/2012, authorizing the Owner to immediately indicate it vis-à-vis the department of transportation as the driver of the vehicle at the time of registration of the offense(s), by simply presenting of the declaration of acknowledgment and disclaimer, duly signed.
4.2. The Renter shall present, at the time of signing the contract, the driver’s license (original document), and the driver’s license(s) of the respective Driver(s), if any, which shall be regularly identified in the Rental Statement, and shall sign the declaration of acknowledgment and disclaimer. Renter shall also need to present its driver’s license and ID card, so that there can be accurate verification and so that copies of the documents can be kept on file.
4.3. If, during the term of the Agreement, any traffic tickets are issued , with the vehicle Driver’s registration on the Rental Statement different from that of the Renter, the violator shall be identified based on the signature contained in the declaration of acknowledgment jointly with the disclaimer, as provided for in art. 257, §7 of Law 9503/97 in combination with Resolution 404/2012, which must be regularly signed.
4.4. The Renter authorizes that the payment of any traffic fine under its responsibility or any other amount provided for in the Agreement, under the terms of this Clause, may be debited directly by the Owner on the Renter’s credit card, plus the administrative fee as a percentage of the amount of the fine or fixed amount according to the Car Rental Agreement Statement, which shall be calculated and debited for traffic violations, regardless of the amount of the fine, through a pre-authorized procedure of signing, signature on file or typed sale, a copy of which is an integral part of this Agreement, and the Owner is responsible for sending correspondence – conventional or electronic (e-mail) – to the Renter, informing the amount of the traffic fine or any other amount involved.
4.5. The Renter expressly authorizes the Owner to issue a bank charge against the former for the regular reimbursement of fine(s) resulting from traffic violation(s) registered during the rental period, as well as the administrative fee provided for in clause IV, item 1.2, paragraph f, which shall be multiplied by the number of traffic violation(s) registered during the term of the Agreement.
4.6. For those traffic citations in which the offending Driver is approached in person by the traffic agent or police officer, with the Driver’s data being recorded on the traffic ticket, the Driver shall immediately become the legitimate party to file a defense/appeal, and must deliver a copy of the ticket to the Owner, if Driver has access thereto.
4.7. The Renter/Driver/User appoints and constitutes, in this act, the representatives of the Owner to, on its behalf, indicate it as the Driver of the vehicle and sign the term of presentation of the Driver/offender, in cases of traffic fines in general, whether municipal, state and/or federal, presenting a copy of the license and ID documents of the Renter/Driver/User, as well as granting authorization signed at the closing of the Agreement for violations stemming from and committed during the term of this Agreement, under the terms of art. 257, paragraphs 7 and 8 of the Brazilian Traffic Code. The Owner, when indicating the Driver as an actual offender, shall immediately make it a legitimate party for the exercise of its right of defense.
4.8. The Owner may substitute the powers granted by the Renter to a third party of its trust, who shall take all appropriate and necessary legal measures for the regular identification of the Renter or Driver, indicated in the Rental Statement, in compliance with the rules provided for in art. 257, §7 of Law 9503/97 in combination with CONTRAN Resolution 404/2012.
4.9. The failure to act, or refusal of the Renter/Driver/User to provide the documents necessary for the indication of the Driver within the legal term, shall result in the transfer of the liability of the penalty (points on driver’s license) to the Renter, to comply with the determinations contained in art. 257, §7 of Law 9503/97 in combination with CONTRAN Resolution 404/2012.
4.10. It shall be exclusively incumbent upon the Renter to appeal any traffic tickets/citations registered during the term of the Rental, at its sole discretion and at its own expense.
4.11. Any discussion on the grounds or groundlessness, fairness or unfairness regarding the issuance of a traffic ticket(s) occurred during the period in which the vehicle was rented by the Renter, even if the Owner is not notified by the agency that issued the citation within the legal term, shall be addressed by the Renter to the respective authority, and shall not, under any circumstances, be addressed to the Owner. In any case, the Renter continues to be liable for the refund of all amounts arising from the penalty(s) during the rental period.
- Payments:
5.1. The Rental can be paid in cash when the vehicle is picked up, or by credit card, gift card, or through the typed-sale or signature-on-file system.
5.2. The Renter acknowledges and confesses that it shall pay the debts arising from the rental in accordance with Clause IV, with the Owner being authorized to charge directly through bank charge, or automatically debit the respective amounts from its credit card through the signature-on-file or typed-sale system. The Owner, after the 15th day of the rental, shall debit the rental cost on the Renter’s credit card and renew the pre-authorization through the signature-on-file or typed-sale system. Paragraph One: The Renter is responsible for paying the debts stemming from the Rental up to the effective return of the vehicle by the Renter/User/Driver. Paragraph two: In the event of non-payment of any expenses due by the Renter contained in this Rental Agreement, the Owner is authorized to include the Renter’s name in the “SPC” and “Serasa” credit protection agencies. Paragraph Three: all amounts, expenses and charges of the Rental constitute lawful and net debts for cash payment, subject to enforcement of collection, where applicable.
5.3. The Renter shall bear the mandatory co-participation of the protection contracted, for all expenses, including those described below, arising from any loss involving the rented car, according to clause VII, which shall be valid up to the agreed-upon limits and coverage, and is aware that mandatory participation will be charged per event.
5.3.1. Theft, Robbery or Misappropriation of the car;
5.3.2. Accident resulting in Total Loss or Fire;
5.3.3. Tow truck or wrecker service, in which case the Renter shall reimburse the Owner for all vehicle towing expenses – as well as daily expenses and fees in the respective Motor Vehicle Authority’s impoundment lot, when the rented vehicle is towed away for any reason –, except in the event of proven failure arising from an electrical/mechanical defect resulting from normal use of the car;
5.3.4. Seizure of the car, whereby the Renter is responsible for directly bearing all the service expenses of the professionals hired to release the rented vehicle that is seized, in addition to the fees charged by the respective Authorities;
5.4. The Renter shall always bear the financial burden corresponding to the amount specified as mandatory co-payment, referring to theft, damages against third parties, and/or damage to the rented vehicle, with the amount of the damage equal to or greater than the amount of the mandatory co-payment (unless the Renter contracts SFLDW protection).
5.4.1. If the amount of damage (including all amounts involved) caused to the rented vehicle or to third parties is less than the amount of the mandatory co-payment, only the Renter shall pay the amount of damage.
5.5. The Renter shall be personally responsible for compensation of all damage caused to the rented vehicle, resulting from any loss involving the rented car, if it does not contract specific protection (clause VII), including:
5.5.1. Theft, Robbery or Misappropriation of the car;
5.5.2. Accident resulting in Total Loss or Fire;
5.5.3. Tow truck or wrecker service, in which case the Renter shall reimburse the Owner for all vehicle towing expenses – as well as daily expenses and fees in the respective Motor Vehicle Authority’s impoundment lot, when the rented vehicle is towed away for any reason –, except in the event of proven failure arising from an electrical/mechanical defect resulting from normal use of the car;
5.5.4. Seizure of the car, whereby the Renter is responsible for directly bearing all the service expenses of the professionals hired to release the rented vehicle that is seized, in addition to the fees charged by the respective Authorities;
5.5.5. The Renter shall always be responsible for the financial burden related to theft, damage to third-party vehicles, damage to the rented vehicle, regardless of the value of the damage, if it does not contract the property protection provided for in this Agreement.
- Call Center:
6.1. The Renter is aware and undertakes to call the Customer Service Center, described in the Rental Statement, immediately after any breakdown, accident, theft, robbery, or in the event of any problem whatsoever involving the rented vehicle, under penalty of having to pay with the burden of failure to report such fact.
CLAUSE VII – CONTRACTING PROPERTY PROTECTION AND ADDITIONAL SERVICES
- The Renter may enter into property protection agreements with the Owner, to be held harmless from liability for payment of any damage caused to the rented car, to third-party vehicles, or even to cover costs with towing the vehicle in the event of an accident.
- The Renter shall contract the protections in writing and in advance of the start of the Rental Agreement, upon payment of an additional daily fee; the Renter, if so desired, shall be assured of the simultaneous contracting of more than one type of protection.
2.1. The protections provided for in this Agreement do not cover cases of misuse of the vehicle, among other cases whereby the Renter acts with willful misconduct or gross fault toward the occurrence of the damage.
2.2. Contracting of the protections provided for in this Agreement is not mandatory. However, as the Renter is liable for the rented vehicle, it must pre-authorize, on its credit card, an expense corresponding to R$ 15,000.00 (fifteen thousand reais), to cover any damages caused to the Owner.
2.3. The contractually available protections are the following:
2.3.1. CDW/LDW: protection against robbery, theft and damage caused to the rented vehicle, limited to the corresponding amount of the rented vehicle; This protection is subject to a co-payment in the event of any loss, established in the current rate and/or in the Rental Statement, or in the commercial agreement in force with legal entities.
2.3.2. SLI: protection against material damage caused to third-party vehicles, up to the limit provided for in the statement of acceptance (individual agreement). This protection is subject to a co-payment in the event of any loss, established in the current rate and/or in the Rental Statement, or in the commercial agreement in force with legal entities.
2.3.3. PAT: extended protection in relation to SLI, for damages caused to third-party vehicles, up to the limit provided for in the statement of acceptance (individual contract). This protection is subject to a co-payment in the event of any loss, established in the current rate and/or in the Rental Statement, or in the commercial agreement in force with legal entities.
2.3.4. AST: coverage of towing services for carrying the rented vehicle to the Owner’s location or another place designated there by for repairs, in case of accidents or collisions, in addition to exemption from lost profits in cases payable to the Owner, in the cases provided for in this Agreement. AST coverage does not cover towing costs and does not exempt lost profits in the cases provided for in item 31.8.
2.3.5. G&T: coverage for damage to Glass and Tires.
2.3.6. SFLDW: Exemption from co-payment payment when contracting CDW/LDW, PAT, and SLI protections.
2.3.7. For the purposes of this Agreement, mandatory co-payment is the amount that the Renter must pay in addition to the contractual protection, in the event of a loss, for the full repair of the damage caused.
2.4. Reparations for pain and suffering, including those caused to third parties, are excluded from any of the types of coverage provided for above, which, in any event, shall be the full responsibility of the Renter, as well as loss, breakage, and/or water damage to keys and documents.
2.5. For the purposes of this Agreement, the family members, agents and employees of the Renter/Driver/User, as well as people and property inside the rented vehicle, are not included in the concept of third parties.
2.6. All amounts for contracting protections, as well as the value of coverage, shall comply with the price schedule in force at the time of renting the vehicle, and the respective amounts shall be included in the statement of acceptance.
- Accessories, wheels, glass and tires, when damaged, stolen or robbed, are not included in any of the protections described for the rented vehicle (except for G&T protection). It does not cover accessories, tears or holes in the upholstery, cracks and damage to glass in general.
- An accessory is understood as any non-factory original equipment; the following expenses are also not included in any of the protections:
4.1. Towing: the Renter shall reimburse the Owner for all vehicle towing expenses, as well as daily expenses and fees in a Motor Vehicle Authority’s impoundment lots, when the rented vehicle, for any reason, is towed away, except in the event of proven electrical/mechanical defect resulting from normal use of the car or, in case of contracting AST protection, when it is necessary to use a tow truck /wrecker to transport the vehicle in the event of an accident or collision.
4.2. Vehicle seizure: the Renter shall directly bear all the expenses on the services of the professionals hired to release the rented vehicle that is seized, in addition to the fees charged by the respective authorities.
- Misappropriation of the rented vehicle committed by third parties, the Renter or its agents, as well as damage resulting from floods, hail, tsunami, hurricane or any other type of natural disaster are not included under the coverage (protections), and the Renter and/or co-signer shall be fully liable for any such damage.
- Mandatory co-payment shall be owed by the Renter in any event of use of contractual protections, including:
6.1. when the Owner obtains compensation for damages/losses;
6.2. the stolen vehicle is located, regardless of its condition.
6.3. The Renter or its agent is not at fault in the accident/loss.
- Third Party Protection: coverage present in the SLI and PAT protections for material damages caused to third parties, up to the limits established in the current Rate and/or Rental Statement.
7.1. This protection is subject to a co-payment in the event of any loss, established in the current rate and/or in the Rental Statement or in the commercial agreement in force with legal entities.
7.2. Any damages for pain & suffering caused to Third Parties are excluded from this coverage, which shall be the full responsibility of the Renter.
7.3. Renter’s and User’s family members and employees shall not be considered third parties for protection purposes.
7.4. Persons and goods inside the rented vehicle are not considered third parties for the purposes of this coverage.
- Additional Driver Protection: other drivers may be included in the Rental Statement, provided they are previously qualified and approved by the Owner and upon payment of the additional daily fee to extend the protections for risk coverage contracted, since only the Individual named in the Agreement and the representative-user of the legal entity – previously identified – are authorized to drive the rented vehicle, duly covered by the contracted protections.
- In the event of any loss involving the Rented vehicle, the Renter and/or Additional Driver, under penalty of loss of the contracted protections and termination of the contract, hereby undertake to: a) immediately notify the Military Police (Polícia Militar); b) within 01 (one) hour notify the Owner through the Call Center and/or in person; c) within 6 (six) hours, prepare the respective Police Report or Expert Medical Report (the latter in the case of victims) and inform the Owner of the registration/protocol number; d) submit to the Owner the Police Report and Claim Report provided by the Owner duly completed within 48 hours from the occurrence of the loss.
- Loss of the contracted protections shall occur whenever the Renter:
10.1.1. Fails to complete the “Claim Notice” form, according to Clause VII, item 9;
10.1.2. Fails to submit the receipt or protocol of issuance of the Police Report or Expert Medical Report, according to Clause VII, item 9;
10.1.3. Lends or transfers the rented vehicle to third parties without prior formal authorization from the Owner;
10.1.4. Travels with a rented vehicle outside Brazilian territory;
10.1.5. If is found that the Driver of the rented vehicle has acted through willful misconduct or gross negligence, as well as upon the occurrence of “serious” and/or “very serious” infractions specified in Chapter XV of the Brazilian Traffic Code, either by description in the Police Report or by ascertainment of the facts.
10.1.6. Commits manifest negligence in the care and use of the vehicle, especially if it leaves it abandoned in a deserted place or with the doors unlocked or windows down, keys in the ignition, or any other situation of carelessness with the rental car;
10.1.7. When the vehicle Driver is not licensed or is driving the vehicle while intoxicated or under the influence of any chemical substance;
10.1.8. Proceeds with willful misconduct or deliberate misuse of the car. The following situations are considered Inappropriate Use:
- Driving the vehicle on sand dunes, beaches, flooded or impassable roads that may put the vehicle at risk;
- Driving with the vehicle for a purpose other than the one it was specifically designed for according to its registration certificate and/or manufacturer’s specifications, such as transporting people and/or goods in return for consideration of any kind; transporting people and/or goods more than the capacity informed by the manufacturer; towing any other vehicle; participating in races, trials, competitions, rallies, rally segment reconnaissance, and other modalities of competition, contests, and/or street racing, teaching any unlicensed person how to drive and driver training for any situation, transporting explosives, fuels and/or flammable chemicals or materials, and for any unlawful purpose;
- Driving with vehicle dashboard’s oil or temperature warning lights on. If the Renter continues operating the vehicle under such circumstances, even for a short time, damage to the engine will occur, which shall be identified through a technical report from a dealership or court report, at the choice of the Owner, in the presence of the Renter if the latter expresses such interest;
- Damage to bodywork, paintwork, upholstery or mechanical parts due to careless use of the car;
10.1.9. When transporting illegal goods in the vehicle and/or the vehicle is seized by the competent authorities at the fault of the Renter / User;
1/10/2010. When vehicles are being used in Political Campaigns;
1/10/2011. When the vehicle driver is not the Renter or authorized Driver in the Car Rental Statement, including payment of the respective additional fee;
1/10/2012. When parking the vehicle in an unauthorized location.
- In case of loss of protections, the Renter shall directly bear all the costs arising from any event and consequences thereof, including vis-à-vis third parties, in court or out of court, in addition to towing and loss of profits, without prejudice to the obligation to reimburse the Owner for any indemnities that it has to bear as a result of the conduct of the Renter, User or Driver.
- There is no coverage for:
12.1. Willful misconduct and improper use of the vehicle (as defined in Clause VII, item 10.1.8 above);
12.2. Theft of the rented vehicle when the car keys are not returned;
12.3. Misappropriation;
12.4. Keys and/or documents of the Rented vehicle.
12.5. Daily expenses and fees in Motor Vehicle Authority impoundment lots in the event of seizure of the Rented vehicle;
12.6. Pain and suffering;
12.7. Professional services of lawyers and expediters;
12.8. Towing expenses;
Sole paragraph: In addition to the other cases provided for in this Rental Agreement, the protections cease to apply in cases of recklessness, negligence, lack of proper qualification, gross fault or willful misconduct in driving the vehicle, and, for the purpose of this Rental Agreement, the following terms have the meanings set out below:
- Negligence: evidenced by the lack of proper care or concern with which certain acts are performed.
- Recklessness: results from the agent’s unpredictability in relation to the consequences of one’s act or action.
- Lack of proper qualification: occurs, when revealed through one’s acts, a lack or deficiency of technical knowledge of observing the rules and/or practical unpreparedness.
- Gross fault: unintentional non-compliance with a rule or procedure, motivated by excessive carelessness, incompatible with the precautions regularly adopted by the common person.
- Willful misconduct constitutes intent to harm or defraud another; intent to do something contrary to the provisions of the Law or the Agreement, whether by action or omission.
- Exemptions from liability for indemnification granted to the customer do not imply the purchase of insurance. It merely means that the Owner has contractually assumed costs, damages or indemnity liabilities that may eventually arise from the normal use and operation of the rented car up to the maximum limits set herein.
13.1.1. The Owner may, at its sole discretion, choose to contract optional civil liability insurance that cover the values or amounts of indemnity exemptions that were contractually granted to the customer.
13.1.2. The protections do not consist of insurance, but rather an agreement offered by the Owner to the Renter, whereby the Owner, upon payment of a daily fee (which varies according to the protection chosen and the Vehicle group), assumes responsibility for paying the amounts that exceed the co-participation limit established by the Renter, provided that the specific conditions in the Rental Agreement are complied with.
CLAUSE VIII – TERMINATION
- The Agreement shall be considered automatically terminated by the Owner, without prejudice to the collection of amounts, fees, indemnities and emoluments arising from the Agreement, regardless of any judicial or extrajudicial notification, and may lawfully, without further formalities, proceed with the repossession and collection of the vehicle, without giving the Renter any right of retention or action of an indemnificatory, reparatory or compensatory nature, when:
1.1. The vehicle is not returned at the date, time and place previously established in the Rental Statement;
1.2. Any loss occurs with the Rented vehicle, regardless of the contracted risk coverage protections;
1.3. Inappropriate Use of the car occurs (under the terms set out in this Agreement);
1.4. The Rented vehicle is seized by competent authorities;
1.5. The Renter does not pay its debts on their respective due dates;
- The Agreement shall also be terminated, by operation of law, in cases of non-compliance, by the Owner or by the Renter, User and/or Driver, of the contractual obligations established herein, in which cases the specific penalties of this contract shall apply.
CLAUSE IX – GENERAL PROVISIONS
- The Renter agrees that its signature on the Car Rental Agreement Statement implies knowledge and full acceptance by the Renter, its heirs and/or successors, of the clauses of these General Terms and Conditions of the Agreement, of which it had broad access and recognition.
- Any omission or delay by either party in demanding compliance with any term or condition of this Agreement by the other party, or in exercising any right, prerogative or remedy provided for herein, shall not constitute novation or imply a waiver of the future possibility of demanding compliance with such term, condition, right, prerogative, or remedy.
- This Agreement may not be assigned or transferred by either party, in part or in whole, to third parties, in any capacity or for any reason.
- The Owner is not responsible for any objects or valuables left or forgotten in the rental car, as well as on the Owner’s premises.
CLAUSE X – JURISDICTION
- The competent Courts to settle any pending issues related to the Car Rental Agreement are those of the Owner’s jurisdiction, expressly waiving any other venue, as privileged as it may be. Recife, September 26, 2013.
FOCO ALUGUEL DE CARROS S/A
CNPJ [IEN]: 07.730.797/0001-21