These terms and conditions are intended to regulate the contract to be established between the lessor Sweet Boi Unipessoal, Lda (O NARVAL ELÉTRICO) and the user who rents the electric citycoco scooter (customer). The conditions are general and we reserve the right to variations and specific agreements to be established in writing.
1 OBJECT OF THE CONTRACT
The object of the contract is the temporary use of a Love Scooter by the customer. Sweet Boi Unipessoal, Lda (O NARVAL ELÉTRICO), or itscontracted agents, declares that to the best of its knowledge the rented scooter is in safe condition and free of failures or defects that affect its safe operation under normal use.
2 MINIMUM RENTAL PERIOD
The minimum rental period is two (2) hours. Any fraction of a two (2) hour period will be considered as a whole.
3 CUSTOMER AGE AND MINIMUM EXPERIENCE
The customer must be over 18 years of age and be reasonably judged to competently ride and pilot an electric citycoco scooter as it complies with Art 112 of the Código de Estrada.
4 PRICES
The rental prices are calculated and submitted to the customer at the time of rental reservation. In general, these prices include unlimited kilometers, liability insurance, the use of a helmet and safety accessories, and all legally applicable taxes.
5 RESERVATIONS AND PAYMENT CONDITIONS
At the time of the rental reservation, the customer will pay 50% of the total cost of their rental in order to secure the availability of the motorcycle to be rented. The remaining 50% will be paid at the start of the rental.
These conditions may be subject to change by express agreement between the parties (e.g. promotional campaigns, etc.).
6 MOTORCYCLE AVAILABILITY
O NARVAL ELÉTRICO is committed to ensuring the availability of the rented motorcycle for the duration of the rental. If, due to unforeseen circumstances, O NARVAL ELÉTRICO is unable to provide the customer with the reserved model of motorcycle, the nearest available equivalent model may replace the reserved one. If the replacement model has a lower rental value than the model originally reserved by the customer, O NARVAL ELÉTRICO will refund the difference in rental value. If the rental value of the replacement motorcycle is higher than the rental value of the motorcycle originally reserved by the customer, this difference will not be borne by the customer.
7 CANCELLATION
If the customer cancels their reservation more than 72 hours in advance of the rental start date, O NARVAL ELÉTRICO will refund the full amount of the reservation value. If the cancellation is made between 72 and 24 hours before the rental start date, O NARVAL ELÉTRICO will refund 50% of the reservation value. With less than 24 hours’ notice, there will be no refund. Such cancellation must be made in writing via email. If the cancellation is partial, i.e. if the customer wishes to cancel only some of the rental period, the same cancellation policy will apply to the cancelled days. If the cancellation of the reservation is the responsibility of O NARVAL ELÉTRICO, the customer will be reimbursed for the full amount paid, and O NARVAL ELÉTRICO will not be responsible for any additional costs incurred by the customer. These conditions may be subject to change by express agreement between the parties (e.g. promotional campaigns, etc.). O NARVAL ELÉTRICO's contracted agents may have different terms for cancellation, and should be contacted directly for their policies as O NARVAL ELÉTRICO bears no liability or responsibility for its contracted agents policies.
8 RESCHEDULING
The customer may reschedule their rental, subject to the availability of the motorcycle to be rented on the new dates and upon payment of a rescheduling fee. The fee is 15% of the total initial rental value and has a minimum value of 35 Euros.
9 DELIVERY AND RETURN
These are scheduled at the headquarters of O NARVAL ELÉTRICO, at Av. de Draveil 149, 3885-407 Esmoriz, during business hours. O NARVAL ELÉTRICO can provide delivery or pickup of the scooter outside of normal business hours or at a different location upon payment of an additional fee calculated based on the distance from the said location to the headquarters of O NARVAL ELÉTRICO, or it's agents headquarters.
10 RENTAL TERM
The rental ends on the day, time, and location established in the specific terms of the contract. If the customer wishes to extend the rental period, they must contact O NARVAL ELÉTRICO at least 24 hours in advance. O NARVAL ELÉTRICO may or may not authorize the extension. If O NARVAL ELÉTRICO does not authorize the extension, and the customer does not return the scooter on the established day, time, and location, the disappearance of the scooter will be reported to the authorities and punished civilly and criminally. O NARVAL ELÉTRICO's contracted agents may have different terms, and should be contacted directly for their policies as O NARVAL ELÉTRICO bears no liability or responsibility for its contracted agents policies.
11 O NARVAL ELÉTRICO RESPONSIBILITY
Love Scooter must deliver the scooter in good technical and safe condition for circulation. The customer must also receive the vehicle documents, chosen accessories, and tools. O NARVAL ELÉTRICO must check and accept any existing damage that is defined in writing on the damage form as part of the delivery procedure. If, even without the customer’s fault, it is necessary to make any repairs during the rental period to ensure the operation or proper functioning of the motorcycle, the customer must receive O NARVAL ELÉTRICO’s consent before proceeding with the repair. All other claims are excluded, regardless of any legal reason, unless the loss or damage to the customer is attributed to gross or intentional negligence on the part of O NARVAL ELÉTRICO.
12 RESPONSIBILITY OF CUSTOMER
The Customer is responsible for ensuring that they are legally authorized to drive a scooter in accordance with local law. The Customer is responsible for all fines, penalties and legal charges for traffic violations or other legal offenses during the rental period. O NARVAL ELÉTRICO will charge the Customer any fine and has the responsibility to inform the authorities of the Customer’s identity and other information.
It is the responsibility of the Customer to ensure that the rented scooter:
a) will be used according to the manufacturer’s recommendations;
b) will be used in full compliance with the Road Code of the countries where it is driven;
c) will not be used negligently;
d) will not transport more passengers than its approved capacity allows;
e) will not be used in races or competitions;
f) will not be used for illegal purposes;
g) will not carry more weight than permitted by its hom.
h) Correct charging of batteries; our scooters are electric and accept only 60V chargers & batteries.
13 DEDUCTIBLE OR GUARANTEE
Each scooter has a specific deductible that can be left as a cash deposit at the start of the rental, or through a Credit Authorization on the client’s Visa, Mastercard or American Express credit card. At the end of the rental contract, the indemnification for any damages to the scooter will be deducted from the deductible and the remainder will be returned to the client. If an insurance claim has been reported for an accident, the full Deductible will be debited to the client until the process is resolved. After the insurer’s appraisal and determination of responsibility, the client will be reimbursed for the remainder in the event of damages lower than the total Deductible.
14 INSURANCE
The rental prices include mandatory third party liability insurance and accident damage insurance for damages exceeding the deductible valid in Portugal. The Customer is not permitted to leave this territory. The Customer is responsible for covering the costs of repair and replacement of any damages to the scooters.
In any case, the insurance conditions are null and void, and the Customer becomes responsible for all damages caused to the rented scooter if:
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The Customer abandons the site of an accident in which they were involved.
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The Customer does not immediately report the theft or disappearance of the motorcycle or accessories to the authorities and to O NARVAL ELÉTRICO or it's agents.
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The rented scooter is intentionally damaged by the Customer or by someone for whom the Customer is responsible.
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The rented scooter is involved in an accident, and the customer does not notify O NARVAL ELÉTRICO as soon as possible.
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The rented scooter is driven under the influence of alcohol, drugs, narcotics, or other intoxicants.
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The rented scooter is driven in areas not authorized by O NARVAL ELÉTRICO, or its agents, such as unpaved roads and race circuits.
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If they do not meet the requirements stipulated in point 12 of these Terms, regarding Customer Responsibility.
15 ADDITIONAL EXPENSES
Optional accessories such as GPS, helmets and motorcycle equipment are not covered by insurance, the costs for repair or replacement due to damage, loss or theft will be borne directly by the Customer.
To all notifications of fines, penalties and offenses of Customers received by O NARVAL ELÉTRICO or its agents, an administrative fee of 50 € will be added.
16 CONSUMABLES
The motorcycle is rented by O NARVAL ELÉTRICO or its agens with its battery/batteries fully charged. Charging of the batteries is the responsiblity of O NARVAL ELÉTRICO or its agents. Additional batteries can be provided by O NARVAL ELÉTRICO or its agents for an additional fee. The return of the motorcycle with damage to any battery implies a payment of 400€, and damage to any charger implies a payment of 50€. The scooter will be delivered by O NARVAL ELÉTRICO or its agents with tires, brake pads, and its general maintenance plan carried out by O NARVAL ELÉTRICO, ready for normal use and in good condition. In the case of rental periods longer than 15 days, the customer is responsible for checking the oil level and brake pads, and reporting to O NARVAL ELÉTRICO in case of excessive wear.
17 MECHANICAL FAILURE
In the event of a mechanical failure, the Customer must contact O NARVAL ELÉTRICO, providing their location accurately and with detailed information about the failure. If repair is necessary and possible, the Customer must obtain O NARVAL ELÉTRICO’s consent before proceeding with the repair. If repair is not possible, O NARVAL ELÉTRICO will try to replace the damaged scooter as soon as possible. O NARVAL ELÉTRICO or its agents will reimburse the rental value corresponding to the period in which the motorcycle was immobilized due to the potential failure. If for any reason replacement is not possible, O NARVAL ELÉTRICO or its agents will reimburse the Customer for the unused rental days. O NARVAL ELÉTRICO is not responsible for lost time due to accidents or mechanical failures that may delay, stop the Customer’s vacation or trip plans. In the case of mechanical failures caused by falls, accidents or negligent use by the Customer, the replacement scooter is excluded and the reimbursement for immobilization of the scooter is also excluded.
18 ACCIDENT OR DAMAGE PROCEDURE
In the event of an accident or damage, the Customer is required to immediately notify O NARVAL ELÉTRICO or its agents. Towing and/or repair services should only be called when O NARVAL ELÉTRICO’s consent is obtained. The police and emergency services must be notified immediately in the event of an accident. Evidence must be secured and a insurance statement must be completed together with each of the other involved drivers. Record their names, addresses, phone numbers, driving license numbers, and issuing authorities, brand, model, color, and vehicle registration details, insurance details (insurance company and policy number). The contact information of witnesses, braking marks, and all information that contributes to the correct and complete clarification of the sequence of events must also be collected.
19 TERRITORY
Civil liability and collision or shock insurance are valid in Portugal.
Driving in other European countries is not authorized by O NARVAL ELÉTRICO or its agents. If O NARVAL ELÉTRICO becomes aware of an unauthorized departure from the authorized territory, the contract conditions are violated, resulting in the immediate cancellation of the insurance and the customer being held responsible for all damages and theft that may occur outside the territory authorized by O NARVAL ELÉTRICO or its agents, up to the total value of the motorcycle and accessories as new.
20 KEYS
O NARVAL ELÉTRICO or its agents will deliver the corresponding keys for the operation of the scooter and luggage. No duplicates will be provided, the Customer is responsible for the security of the keys during the rental period and must return all keys at the end of the rental. O NARVAL ELÉTRICO is not responsible for any damages resulting from the loss, theft, or damage to the keys that may cause interruptions or premature termination of the contracted rental period. The loss of a key incurs a replacement key fee of 300€.
21 DOCUMENTATION
O NARVAL ELÉTRICO will deliver all necessary documents for the operation of the vehicle, including a copy of the rental contract, registration, proof of ownership, and proof of insurance. The Customer is responsible for this documentation during the rental period and must return all documents at the end of the rental. The loss of any of these documents incurs a replacement document fee of 100€ per document.
22 TRACKING
For security reasons, O NARVAL ELÉTRICO may install tracking devices on the motorcycles. Any attempt to disassemble or damage these devices will be reported to the authorities and punished by criminal law. The loss, tampering, or damage to any of these devices incurs a replacement fee of 100€ per device.
23 INTERNATIONAL AGENCIES
O NARVAL ELÉTRICO reserves the right to report contract breaches to regulatory bodies in the customer’s country of origin, including Serasa, SPC, Tax Authority and mediation agencies of the European Union.
26 COMPETENT COURT
Both the Customer and O NARVAL ELÉTRICO, as well as its agents, agree that any disputes arising from this contract will be resolved exclusively in the court of the Aveiro District, in Portugal.