ilha9 rent-a-car

Draft — to be reviewed by a Portuguese lawyer before publication

This text is an internal draft. It has not been reviewed by a lawyer and does not replace legal advice. Before publication, a lawyer admitted to practise in Portugal must confirm its content and wording.

Terms and conditions

These terms apply to every rental with Ilha 9 – Rent-A-Car, Lda. They form part of the rental agreement the customer signs at handover.

1. Parties and scope

The renter is Ilha 9 – Rent-A-Car, Lda., NIPC 512061548. The hirer is the person signing the rental agreement, referred to below as the customer.

These terms apply together with the details of the rental agreement (vehicle, period, price, selected extras). Where they differ, the rental agreement prevails.

Any additions or amendments to these terms are valid only if agreed in writing. Verbal assurances by individual staff members do not apply.

2. Drivers, age and licence

The minimum age is 18. What counts is the age on the day of pick-up, not the day of booking.

Drivers up to and including the age of 20 pay a one-off surcharge of €45.00 and place an increased deposit of €2,000.00.

At handover the customer presents a valid driving licence and official photo identification, both in the name of the contract holder.

Only a person named as a driver in the rental agreement may drive. Further drivers are possible but must be booked as an additional driver and entered in the agreement before handover; the same age and licence requirements apply to them. If an unnamed person drives, every limitation of liability ceases to apply.

3. Use of the vehicle

The customer receives the vehicle in perfect, roadworthy condition and undertakes to treat it with care.

The vehicle must not be used:

  • to carry passengers or goods for payment, whether express or implied
  • to carry goods in breach of customs regulations or otherwise unlawfully
  • to push or tow another vehicle or a trailer
  • for sporting events, racing or off-road driving
  • under the influence of alcohol, narcotics or medication affecting fitness to drive
  • off surfaced roads or on tracks not open to passenger cars

4. Price, payment and deposit on booking

The price shown is the final price for the period booked. It includes third-party and own-damage insurance under section 6, unlimited mileage and statutory tax.

When booking online, 20 % of the total is payable as a deposit to guarantee the reservation. The balance is paid at handover.

Not included are fuel, booked extras, delivery and collection charges away from the airport, and fines and charges under section 11.

5. Security deposit and excess

A security deposit is taken at handover. On a credit card it is held as a pre-authorisation and not charged; amounts paid in cash are returned when the vehicle comes back.

The deposit equals the maximum excess the customer bears in the event of damage. It is released in full after a damage-free return.

The amount depends on the vehicle category:

CategoryDeposit / excess
Kymco 125 (Mota 125)€150.00
Fiat Panda (Económico)€250.00
Toyota Aygo (Mini)€250.00
Toyota Yaris (Compact)€275.00
Opel Corsa (Compact)€300.00
Citroën C3 (Familiar)€300.00
Citroën C4 Cactus (Familiar +)€350.00
Opel Crossland (SUV)€400.00
Toyota Yaris Automático (Automático)€400.00
Toyota Proace (Transporter)€500.00
Citroën Jumpy (Van Automático)€600.00

For drivers up to and including the young-driver age limit, the increased deposit under section 2 applies instead.

6. Insurance, liability and zero excess

Every vehicle carries third-party liability insurance with unlimited cover. A copy of the policy may be inspected at the renter's head office.

Expressly not covered are death and bodily injury of the customer and of persons carried in the vehicle. Anyone wanting that cover books the personal accident insurance as an extra.

The price includes own-damage insurance with an excess equal to the deposit under section 5. If the customer books the extra “zero excess”, the excess is waived and no deposit is held.

Own-damage insurance — including zero excess — does not apply:

  • on breach of these terms, in particular section 3
  • in cases of gross negligence or intent
  • if a person not named in the agreement was driving
  • to damage to glass, wheels, tyres and underbody unless the corresponding extra was booked
  • to loss of or damage to vehicle documents, keys, tools and accessories, which are always the customer's responsibility
  • to interior damage, for example from smoking, animals or soiling

7. Preparation, late arrival and no-show

Preparing a vehicle may take up to 90 minutes from receipt of the booking. There is no right to immediate handover. If a vehicle is ready sooner, it is of course handed over sooner.

The vehicle is held for 120 minutes beyond the agreed pick-up time. If it is not collected within that period and the customer has not notified the delay, the rental counts as not taken up: the vehicle is released, may no longer be available, and the booking deposit is retained.

Anyone running late should call the number given in the rental agreement. A notified delay is accommodated as far as availability allows.

8. Cancellation

If the customer cancels the reservation or returns the vehicle early without giving a reason, the amount paid to guarantee the reservation, taxes included, is retained in full as compensation.

Amounts paid beyond the booking deposit are refunded. An early return does not reduce the rental price.

If the renter cannot provide the vehicle booked, an equivalent or better vehicle is provided at no extra cost. If that is not possible either, the booking deposit is refunded in full.

9. Fuel and return

The customer bears the cost of all fuel consumed during the rental.

The vehicle is handed over with a full tank and must be returned with a full tank. Missing fuel is charged at the daily price plus a service fee.

The vehicle must be returned with all tyres, tools, documents, keys and accessories, at the location where the rental began, unless the rental agreement says otherwise.

10. Accident, theft and breakdown

In the event of an accident during the rental period the customer must protect the interests of the renter and its insurer, and in particular:

  • record the names and addresses of everyone involved and of witnesses
  • not admit fault or liability
  • not leave the vehicle without securing it properly
  • call Ilha 9 immediately and send a detailed report including a sketch
  • call the police immediately if anyone is injured or the other party's licence is in doubt

11. Fines, charges and costs

Fines, tolls and penalty notices arising during the rental are borne by the customer. The renter passes the driver's details to the authority and charges a flat fee for the administrative work.

The customer also bears the cost of misfuelling, lost keys, towing due to improper use and extraordinary cleaning.

12. Renter's exclusions of liability

The renter is not liable for loss of or damage to items left in or on the vehicle, or carried in it, before, during or after the rental period. The customer indemnifies the renter against third-party claims arising from such losses.

The renter is not liable for mechanical failures or resulting consequential loss. The customer takes all reasonable precautions to avoid such events and reports anything unusual without delay.

The consumer's statutory rights remain unaffected.

13. Data protection

Data collected for the rental is processed solely to perform the rental agreement, to meet legal obligations and to handle claims. Details are set out in the privacy policy.

14. Right of withdrawal

There is no right of withdrawal for vehicle rental agreements with a fixed pick-up and return period, under Article 16(l) of Directive 2011/83/EU on consumer rights. The cancellation terms in section 8 apply instead.

15. Governing law, jurisdiction and complaints book

Portuguese law applies. The parties agree on the exclusive jurisdiction of the courts of Angra do Heroísmo.

Complaints may be entered at any time in the electronic complaints book (Livro de Reclamações); the link is in the footer of every page.

Should any provision of these terms be invalid, the remaining provisions remain in force.