DELUXEDRIVE TERMS AND CONDITIONS

DeluxeDrive LDA (also trading under the name "DeluxeDrive") (DeluxeDrive or We or Us) is a company registered in Portugal with NIF 517580420 and with registered address at R. de Santa Catarina 1207, Loulé, 8135-011 Almancil, Portugal.

Through our website we provide you, the user (You), with an online platform (Platform) where we advertise our car rental services (Rental Services) and you can make your reservation for a car (Car). We operate our own fleet of vehicles and also work with selected partner operators (our Partner Operators). The majority of Rental Services will be provided to you directly by DeluxeDrive using our own fleet, while some services may be provided by our Partner Operators. We will act as an intermediary to facilitate the provision of such services when using Partner Operators. Our services to you include:

• Operating and maintaining our own fleet of rental vehicles;
• Selecting the best partner operators in the market by testing their quality of service and performance;
• Implementing a rating system aimed at rating the partner operators for quality, based on which only the best operators are admitted and are given access to the Platform;
• Monitoring the quality and performance of our Partner Operators and, if they fail to comply at all times with our standards of quality, they will be excluded from the Platform;
• Managing your booking, allocating an Operator when necessary, and establishing contact between you and the service provider for the provision of the Rental Services (all together referred to as Our Services).

These Terms and Conditions, together with our privacy policy (together the Terms), constitute our agreement with you for the provision of Our Services to you. By making a reservation through DeluxeDrive.pt you are deemed to have read and accepted these Terms in full. We reserve the right to change the Terms from time to time and you should therefore review these Terms periodically to familiarize yourself with any changes, modifications, updates, and interpretations.

By making a reservation through DeluxeDrive.pt you agree to enter into a binding commercial relationship with DeluxeDrive or the Partner Operator (Contract). The Partner Operators have accepted our Terms and are bound by these Terms in the provision of the Rental Services to you.

When services are provided by Partner Operators, they are exclusively responsible for the provision of the Rental Services to you. We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the provision of the Rental Services.

The Partner Operators are exclusively responsible for ensuring that the information about the Rental Services uploaded in the Platform, including (but not limited to) rates and cars availability, are accurate and up to date.

1. Your Booking

1.1

To make a reservation you shall place your order by completing the form available on our website and clicking "Book Now". In completing the Booking Form, you shall provide your personal data and information, including your credit card details (Personal Information), and pay the price for the provision of the Rental Services (Price).

1.2

Your booking will be deemed to be accepted when we issue written acceptance by way of a confirmatory voucher (Voucher) sent by email to your email address as provided in the Booking Form.

1.3

We will pass the Personal Information to the Partner Operator when applicable and upon receipt of such information, the service provider will contact you in due course and in any event before the time and date booked for pick-up (Pick-Up Time) to make the proper arrangements for the provision of the Rental Services and require copies of the relevant documents listed in clause 17 below (Documentation).

2. Warranties and Obligations

2.1

You declare and warrant that:

• (a) You are of 18 years of age or older;
• (b) You have the authority to make the reservation and in doing so to become bound by these Terms;
• (c) If you are making the reservation on behalf of a third person, you have the authority to make the reservation on behalf of such person, you have provided them with these Terms and in doing so you have the authority to bind them to these Terms;
• (d) You will provide, when relevant, personal data being true, up-to-date, and accurate.

2.2

You shall:

• (a) Ensure that any information provided in the Booking Form is complete and accurate;
• (b) Specify in the Booking Form whether you or someone other than you will drive the car and, if so, provide the name of the main driver (Driver);
• (c) Provide the details of a valid major credit card in the name of the Driver (Driver Credit Card) with sufficient credit limit to cover the amount of the Security Deposit;
• (d) Co-operate with us in all matters relating to Our Services and the Rental Services;
• (e) Provide such information as either we or the service provider may reasonably require for the provision of Our Services and the Rental Services, and ensure that such information is accurate in all material respects;
• (f) Use the vehicle only within the territorial limits of Portugal continental unless prior written authorization is obtained from the service provider;
• (g) Comply with all vehicle use restrictions and rental agreement terms;
• (h) When accessing our website and the Platform, refrain from any illegitimate use of our website and the Platform.

2.3

You authorize DeluxeDrive to verify the information provided under clause 2.2 and undertake to cooperate with us when we carry out such verification.

2.4

We reserve the right at our sole discretion to terminate or withdraw your access to our website and the Platform without notice in the event that you fail to comply with the obligations listed in clause 2.2.

3. Price and Payment

3.1

The Price will be calculated on the basis of the rates applied by DeluxeDrive or the Partner Operator from time to time in accordance with the terms of your booking and current published tariffs.

3.2

Once you have completed the Booking Form, you will be asked to pay the Price. Upon receipt of your payment, DeluxeDrive or the service provider will issue an invoice using the details for billing provided in the Booking Form.

3.3

The price and all other costs arising from the provision of the Rental Services are inclusive of amounts in respect of value added tax chargeable for the time being (VAT).

4. Deemed Local Time for Pick-Up and Return

4.1

The time and date for pick-up and return selected in the Booking Form shall be deemed to be the local time and date of the place selected for pick-up and return (Local Time).

5. Insurance

5.1

The Price includes Third Party Liability Insurance only, as required by Portuguese law.

5.2

Third Party Liability Insurance covers mandatory civil liability only in the minimum amount prescribed by law.

5.3

Additional insurance coverage including Collision Damage Waiver and Theft Protection may be available for purchase directly from DeluxeDrive or the service provider at additional cost.

5.4

Any violation of rental agreement terms, including unauthorized international travel, unauthorized drivers, or violation of traffic laws, will void all insurance coverage and make the renter fully liable for any damages, theft, or loss.

5.5

You shall read carefully the terms and conditions provided by DeluxeDrive or the service provider regarding insurance coverage and exclusions.

6. Security Deposit

6.1

DeluxeDrive or the service provider will require a security deposit to cover potential damages, excess charges, fines, and additional costs arising from the Rental Services (Security Deposit).

6.2

Details of the Driver Credit Card shall be provided to DeluxeDrive or the service provider promptly upon request and in any event by no later than 4 working hours before the Pick-up Time. Failing to provide the details of the Driver Credit Card may cause delays or cancellation of the Rental Services.

6.3

DeluxeDrive or the service provider will hold the Security Deposit from the Driver Credit Card upon receipt of the relevant details. In the event that DeluxeDrive or the service provider is unable for any reason to secure the Security Deposit, it will not deliver the Car and the Driver will not be entitled to a refund.

6.4

Subject to the Car being returned in accordance with all contract terms, in good condition and without violations, the Security Deposit will be refunded by DeluxeDrive or the service provider after deducting any applicable charges. Refunds may take up to 30 days to be credited back to your credit card.

7. Vehicle Use Restrictions

7.1

The vehicle may not be used in violation of rental agreement terms, including but not limited to:

• (a) Use by unauthorized drivers not identified in the rental contract;
• (b) Use outside the territorial limits of Portugal continental without prior written authorization from DeluxeDrive or the service provider;
• (c) Use in violation of traffic laws or regulations;
• (d) Use for commercial purposes without authorization;
• (e) Use in racing, competitions, or driving instruction;
• (f) Use while under the influence of alcohol or controlled substances.

7.2

Violation of vehicle use restrictions will result in immediate contract termination, loss of insurance coverage, and liability for all damages and additional charges.

8. Vehicle Tracking and GPS Systems

8.1 GPS Tracking Disclosure

All vehicles in our fleet and those provided by our Partner Operators are equipped with GPS tracking and fleet management systems for the following purposes:

• (a) Vehicle security and theft prevention;
• (b) Emergency assistance and roadside support;
• (c) Fleet management and operational efficiency;
• (d) Recovery of stolen or improperly used vehicles;
• (e) Compliance with rental agreement terms.

8.2 Data Collection and Processing

The GPS systems collect the following data:

• (a) Real-time vehicle location;
• (b) Speed and driving patterns;
• (c) Route information;
• (d) Engine diagnostics and vehicle status;
• (e) Usage patterns and mileage.

8.3 Data Usage and Access

GPS data is used exclusively for:

• (a) Ensuring vehicle security and preventing theft;
• (b) Providing emergency assistance when requested;
• (c) Monitoring compliance with territorial restrictions;
• (d) Fleet management and maintenance scheduling;
• (e) Investigating accidents or incidents when necessary.

8.4 Data Protection and Privacy

• (a) GPS tracking data is processed in accordance with EU General Data Protection Regulation (GDPR) and Portuguese data protection laws;
• (b) Location data is stored securely and access is limited to authorized DeluxeDrive personnel and our fleet management partners;
• (c) Data is retained only for the duration necessary for the stated purposes;
• (d) GPS data may be shared with law enforcement authorities when required by law or court order;
• (e) You have the right to request information about GPS data collected during your rental period.

8.5 Consent and Acceptance

By making a reservation and signing the rental agreement, you explicitly consent to GPS tracking and data collection as described above. If you do not consent to GPS tracking, please contact us before your rental to discuss alternative arrangements.

8.6 Continuous Monitoring

GPS systems operate continuously during the rental period and cannot be disabled by renters. Tampering with or attempting to disable GPS systems will result in immediate contract termination and additional charges.

9. Excess Kilometer Charges

9.1

Rental agreements include specific kilometer allowances based on rental duration and vehicle type as specified in the rental contract.

9.2

Excess kilometers beyond the included allowance will be charged at rates between €2.00 to €10.00 per kilometer, depending on vehicle category and rental terms as specified in current published tariffs.

9.3

Luxury and premium vehicles are subject to higher excess kilometer rates within the specified range.

10. Fuel Policy

10.1

DeluxeDrive or the service provider requires the Car to be returned with the same amount of fuel provided at delivery.

10.2

Fuel shortages will be charged at premium rates plus service fees as determined by current tariffs.

10.3

Use of incorrect fuel type will result in full repair costs and towing charges being charged to the renter.

11. Delivery and Collection

11.1

DeluxeDrive or the service provider will deliver to you and collect the Car from the address and at the time and date selected in the Booking Form.

11.2

In the Booking Form you shall select the town or the airport where you wish the car to be delivered and collected by DeluxeDrive or the service provider. Once you make your reservation, you will not be able to change the town or airport for delivery and collection.

11.3

Deliveries and collections will be available between 6am and 11pm Local Time (Operational Hours). Deliveries and collections outside the Operational Hours will be subject to additional costs ranging from €50 to €200 depending on time and location.

12. Late Pick-Up, No Show and Late Return

12.1

If for any reason you cannot collect the car at the Pick-up Time, you shall contact DeluxeDrive or the service provider as soon as practicable. No Show events will result in additional delivery charges and no refund of the rental price.

12.2

You shall return the car at the date and time selected in the Booking Form (Return Date). Late Returns will be charged as follows:

• Grace period: 30 minutes
• Up to 12 hours late: Full daily rate
• 12 hours or more late: Double daily rate
• Each additional day: Triple daily rate

12.3

Unauthorized retention of the vehicle beyond the rental period may constitute criminal breach of trust and will be reported to authorities.

13. International Travel

13.1

Travel outside the territorial limits of Portugal continental is strictly prohibited without prior written authorization from DeluxeDrive or the service provider.

13.2

Unauthorized international travel will result in:

• (a) Immediate contract termination and loss of all insurance coverage;
• (b) Criminal liability for unauthorized use of the vehicle;
• (c) Penalty charges of €500 to €2,000 depending on destination and duration;
• (d) Full liability for any damages, theft, or loss occurring outside Portugal;
• (e) Recovery costs if the vehicle must be retrieved from abroad.

13.3

If international travel is required, you must contact DeluxeDrive or the service provider at least 48 hours in advance at [email protected]. Authorization, if granted, will be subject to additional documentation, insurance coverage, and substantial additional fees.

14. Web Check-In and Changes to Your Booking

14.1

After you make your reservation, you will be required to provide the full address where you wish the car to be delivered and collected by DeluxeDrive or the service provider (Web Check-in).

14.2

You will be entitled to change the address for delivery and collection (except for the town and airport selected in the Booking Form) by no later than 48 hours before the Pick-up Time.

14.3

Changes requested less than 48 hours before Pick-up Time will be subject to additional charges.

15. Additional Drivers

15.1

When you make your reservation you will have the option to add Additional Drivers.

15.2

All Additional Drivers must be authorized in writing and meet all driver requirements.

15.3

Unauthorized drivers will void insurance coverage and result in contract termination.

15.4

Additional Driver fees range from €10 to €25 per day depending on driver age and experience.

16. Minimum Age Requirements and Fitness to Drive

16.1

The Driver and any Additional Driver must be 21 or older with a valid driving license held for at least 1 year.

16.2

Drivers under 25 or over 65 may be subject to additional fees and restrictions.

16.3

DeluxeDrive or the service provider may refuse to release the car if the Driver's ability to drive is impaired for any reason.

16.4

If DeluxeDrive or the service provider refuses to release the car due to age requirements or driver inability, you will not be entitled to a refund of the Price.

17. Driving Licence

17.1

The Driver and any Additional Driver must have a full valid driving licence from their country of residence held for at least one year. Expired or provisional licences will not be accepted.

17.2

International Driving Permits may be required for non-EU licenses. If you have any questions about license requirements, please contact us at [email protected].

18. Documentation

18.1

Required documents include:

• (a) Voucher;
• (b) Valid driving licence;
• (c) Valid passport or identity card;
• (d) Driver Credit Card with sufficient credit limit;
• (e) Any additional documentation required for the specific rental.

18.2

Failure to provide required documentation will result in refusal of vehicle release and no refund.

19. Damages and Liability

19.1

Renters are fully liable for:

• (a) All damages to the vehicle during the rental period;
• (b) Traffic violations, fines, and associated administrative costs;
• (c) Towing and recovery costs;
• (d) Excess wear and tear beyond normal use;
• (e) Interior damage including smoking odors;
• (f) Lost or damaged keys, accessories, or equipment.

20. Accidents and Incidents

20.1

Any accidents, theft, or damage must be reported immediately to DeluxeDrive or the service provider and local authorities.

20.2

Failure to follow proper accident procedures will result in denial of insurance claims and full liability for damages.

20.3

Police reports must be obtained for all accidents involving third parties or significant damage.

21. Cancellation

21.1

Cancellations made within 72 hours of Pick-up Time will result in no refund.

21.2

No-show events result in no refund and may incur additional charges.

22. Limitation of Liability

22.1

DeluxeDrive acts as both a direct service provider and an intermediary platform. When services are provided by Partner Operators, all rental services are provided directly by independent operators.

22.2

When services are provided by Partner Operators, DeluxeDrive shall not be liable for any issues arising from the rental services, vehicle condition, or Partner Operator performance.

22.3

When using Partner Operators, renters enter into direct contractual relationships with operators and must resolve all disputes directly with the providing operator.

23. Governing Law and Jurisdiction

23.1

These Terms shall be governed by Portuguese law.

23.2

All disputes shall be subject to the exclusive jurisdiction of Portuguese courts, specifically the Tribunal Judicial da Comarca de Faro.

23.3

By making a reservation, you expressly agree to Portuguese jurisdiction and waive any objection to venue.

24. Contact Information

For questions or support, contact us at [email protected].

These Terms are effective as of the date of publication and supersede all previous versions.