GENERAL TERMS AND CONDITIONS OF THE MOTOR VEHICLE RENTAL AGREEMENT

1. OBJECT

CIBERAÇORES – Tecnologias de Informação Lda., operating under the brand PRIME AZORES®
rent a car, with head office at Rua do Contador, 4 – 9500-050 Ponta Delgada, with Tax ID No. 512
044 244, hereinafter referred to as car rental company, rents a car, better identified in the particular
conditions of the contract (hereinafter referred to as the Contract), to the customer identified in the
first clause of the particular conditions, hereinafter referred to as the Customer, under the following
general terms and conditions.

2. DELIVERY AND RETURN OF THE VEHICLE

1. The customer declares that it has received the vehicle in a clean and usable condition, with the respective accessories and documents mentioned in the contract and in the joint verification document, committing to return it in the same condition in which it received it, at the place and date designated in the contract.
2. If the vehicle is used in violation of the contract, the car rental company may terminate the contract, and the customer must return the vehicle to the indicated location, under penalty of having the vehicle taken away, according to the law, at the customer’s expense.
3. If the customer wishes to extend the rental period, it must go to the car rental company’s premises at Rua da Piedade, 162 – Arrifes, Ponta Delgada, to sign a new contract, subject to availability and approval.
4. The car rental company is not liable to the customer or any passenger for loss or material goods left in the vehicle, either during or after the rental period.

3. VEHICLE USE

1. The customer must look after the vehicle, ensuring that it is properly locked and secured when not in use, provided with the required fuel, and diligently connecting and using any safety device fitted to the vehicle, if any.
2. The customer undertakes not to use or allow the use of the vehicle in the following situations:
   • To carry passengers or goods in violation of the law;
   • For sporting events or training, whether these are official or unofficial;
   • By any person under the influence of alcohol, drugs or any other substance that directly or indirectly reduces their perception and capacity to react;
   • By persons who have held a driving licence for less than a year and by persons who are not authorised drivers, that is, not identified in the contract or document attached to it;
   • Outside the island of São Miguel, unless expressly authorised.
   • Driving licences issued in characters other than the Latin alphabet must be accompanied by an international driving licence

4. VEHICLE MAINTENANCE AND REPAIR

1. Should the vehicle suffer any damage, repairs can only be carried out by prior written agreement with the car rental company, and any modification or mechanical intervention is forbidden.
2. In case the customer violates this regulation, it will have to bear the costs of restoring the Vehicle in the same condition in which it was delivered to it and will be liable to the car rental company for any losses arising from the violation of the above mentioned conditions, regarding maintenance obligations.
3. During the rental the customer must take all necessary protective measures to keep the Vehicle in the same condition as it was delivered.
4. The customer should be alert to any warning signal from the instrument panel lights and take the necessary safety measures.
5. The vehicle is supplied with tyres, in the number and conditions that meet the requirements of the Highway Code laws. Should any of them be damaged beyond normal wear and tear, latent defect or force majeure, the customer shall be obliged to replace them immediately, at their own expense, with a tyre of the same dimensions, type and make.

5. SERVICES

1. The customer can contract the following services:
   • Super CDW – Includes Public Liability Insurance and covers all damages caused to the vehicle and total or partial theft of the same, with no deductible or a reduced deductible;
   • CDW – Includes Public Liability Insurance and covers all damages caused to the vehicle in case of accident, with the customer being subject to the payment of an excess that varies according to the type of vehicle and is included in the table attached to the contract, which is an integral part thereof;
   • TP – Covers theft and/or robbery of the vehicle;
   • The Package ULTIMATE, which includes all the previous insurances, with full waiver of excess and guarantee.
   • PAI – Covers personal accidents to the driver, with maximum amounts of €1,000 (one thousand) euros in the event of illness or hospitalisation and €10,000 (ten thousand) euros in the event of death or disability;
2. The customer undertakes, in the event of an accident, to take the following procedures, except in duly justified cases of force majeure:
   • To report to the car rental company and to the police authorities any accident, theft, robbery or any other incident within 12 hours;
   • Obtain the names and addresses of those involved and witnesses;
   • Do not leave the vehicle without taking the appropriate measures to protect and safeguard it;
   • Not to assume any responsibility or to plead guilty in case of accidents, which may imply liability on the part of the car rental company;
   • Contact the car rental company immediately (+351 925 520 350) and provide them with a detailed accident report including an accident report from the police authorities and the Friendly Statement of Motor Accident.
3. Only the customer and/or authorised drivers may benefit from Super CDW, CDW and PAI covers.
4. Even in the event the customer takes out Super CDW cover, all damage arising from misuse of the vehicle is the customer’s exclusive responsibility.
5. In the event of an accident due to speeding, negligence, driving under the influence of alcohol, narcotics or the consumption of any product that impairs driving ability, the customer shall be liable for the entire cost of repair and compensation corresponding to the time the damaged vehicle was immobilised, even if Super CDW and/or CDW cover has been taken out.
6. The vehicle will only have CDW and/or Super CDW coverage during the period agreed in the contract, except if there is an extension of the contract under the terms of these general conditions, and the car rental company declines any and all responsibility for accidents caused or that may be caused by the customer beyond the rental period, being the customer the only and exclusive responsible for them.

6. CANCELLATION OR MODIFICATION OF THE RESERVATION

1. Amendment:
   • The customer may change its reservation, free of charge, provided it informs the car rental company of such changes at least 72 hours before the rental starts;
   • In this case, new rental prices may be applicable and the customer must use the same communication channel previously used when booking the vehicle, or alternatively, call the PRIME AZORES Call Centre (+ 351 925 520 367).
2. Cancellation:
   • The customer may cancel their booking free of charge, with at least 72 hours’ notice before the collection time.
3. Late cancellation:
   • If the customer cancels their booking with less than 72 hours’ notice to the car rental company, a fee of €60,00 (sixty euros) may be applied. The amount of this fee may not exceed, however, the rental price, if lower.
   • In case of prepaid booking the amount will be refunded minus the “Late Cancellation” fee.
   • In case of unpaid booking, the fee will be deducted from the indicated means of payment. In the absence of provision of means of payment the customer will remain liable to pay the “Late Cancellation” fee.
4. No Show:
   • If the customer has not cancelled the reservation and does not show up at the agreed location to collect the car at the scheduled time, a No Show fee of up to €60,00 (sixty euros) may be applied.
   • If the rental price is less than the amount of the No Show fee, the fee will be equal to the rental price
   • In case of prepaid booking, the amount will be refunded minus the No Show fee.
   • In the event of an unpaid booking, the fee will be deducted from the means of payment that the customer has indicated. In the absence of means of payment the customer will remain liable to pay the No Show fee unless the latter can demonstrate the existence of a case of force majeure, as defined below. Otherwise the customer will pay the full rental price if the amount is lower.
   • For all due purposes, the cancellation of the reservation or the non-collection of the vehicle, due to force majeure causes (such as acts of war and other hostilities and civil commotions, accidents, strikes, lock-outs, or other labour conflicts, embargoes or government decisions of circulation, import or export restrictions or any other cause or circumstance beyond its direct or indirect control) do not entitle the car rental company to charge any amount to the customer.
   • The car rental company will not charge any amount resulting from delay or cancellation of a flight where the customer should arrive in Ponta Delgada, prior to the collection of the Vehicle.

7. PAYMENTS

1. The customer undertakes to pay the car rental company the amounts due and arising from the conclusion of the contract, as soon as they are requested, namely:
   • The price due for the vehicle rental, according to the rental period and respective mileage calculated in accordance with the tariff contained in the contract;
   • Any and all charges relating to waiver of deductible for personal accident coverage, collision and rollover coverage, theft coverage and any other charges applicable in accordance with the tariff or rates contained in the particular conditions of the contract;
   • All taxes and charges levied on the rental of the car or the amount fixed by the car rental company for reimbursement of such taxes;
   • All costs incurred by the car rental company in the collection of payments owed by the customer as a result of the contract;
   • If the customer opted to buy the fuel tank in the “Full-Full” modality, and returned the vehicle with lower fuel level than the one it had at the time of delivery, the customer is required to pay €5,00.00 (five euros) for the vehicle refuelling service, plus the value of the missing fuel, which will be assessed by estimate, applying the fuel prices in force on the date of return;
   • If the customer opted to purchase the fuel tank in the “Full-Empty” modality, the car rental company is obliged to pay the customer the fuel that the vehicle had on the date of delivery, measured by estimate and applying the fuel prices in force, less €5,00.00 (five euros) for the vehicle refuelling service;
2. Any and all invoices not paid on the due date shall be subject to interest on arrears at the maximum rate legally permitted.
3. In the event of an accident, the customer will pay, as administrative expenses for the respective process, €60,00 (sixty euros).
4. The customer, in order to guarantee the fulfilment of the obligations arising from the Contract, shall provide a deposit, in cash, check or credit card debit, for the amount referred to in the Contract, expressly authorizing the car rental company to fill in and debit the credit card with the amounts due.
5. When picking up the Vehicle, the customer allows a credit and or debit card authorisation for a deposit. The deposit is intended to cover the costs of the rental, additional charges and/or other inherent costs.
6. If prepayment is not made at the time of booking, the rental cost will also be blocked on the customer’s credit card. In this case, the amount blocked will correspond to the cost of the rental and the value of the excess according to the insurances contracted. In any case, the definitive amount of the deposit is specified in the confirmation email sent at the time of booking and in the Specific Conditions of the Rental Contract.
7. In case of pre-payment, if the customer makes any over-the-counter purchases, the amount of the purchase will be added to the deposit amount.
8. If no additional rental costs are identified, the deposit will be refunded within a period agreed between the customer and the bank.
9. The deposit must be made by the customer or an additional driver, duly identified in the Rental Agreement, and must present the same credit/debit card indicated at the time of booking or another one in the name of the customer or an additional driver.

8. DAMAGES TO THE VEHICLE

1. If the Vehicle is not returned in the same condition as it was delivered, the customer will be liable for the costs arising from the circumstances mentioned above:
   • Damages identified, in person, at the time of return of the vehicle:
     • If damages are identified during the inspection carried out in the presence of the customer and the car rental company’s representative when the vehicle is returned, and of which it became aware when it signed the document (Addendum) and the post rental damage report, the car rental company will provide an assessment with the repair costs that will be charged to the customer;
     • The cost of repair varies, depending on the nature of the Damages:
       • “Minor Damages” (minor and non-substantial damage caused to the Vehicle, without affecting its return to the car rental company and without affecting its mobility under the terms of the Highway Code, such as and without limitation, minor scratches or dents on the windshield) are charged according to the price list indicated by the car rental company, available at the station at Rua da Piedade, 162 and on its website, which include the cost of immobilisation of the Vehicle, together with the administrative costs of damage management.
       • Any other damage not included in the above list and/or other more serious damage (substantial damage preventing the return of the Vehicle and requiring its temporary immobilisation for repair, such as and without limitation damage to the body), will be assessed by an expert and charged according to the expert’s report or at the budgeted cost of a repair shop.
     • In case the customer contests the Damages and/or the respective invoicing, by refusing to sign the Return Vehicle Declaration, the car rental company will apply the procedure described below.
   • Damage identified in case of “Out of Hours” and/or non-present return.
     • If said damages are identified during the inspection of the Vehicle carried out by the representative of the car rental company without the presence of the customer the car rental company will send the following documents:
       • Declaration of Return of the Vehicle with the report of the Damages identified;
       • Photographs of the Damages;
       • An estimate of the repair costs, which will depend on the nature of the Damages, the cost of immobilising the Vehicle and the administrative costs of managing the Damages process.
2. The customer may contest the identified Damages and the respective invoicing within (14) fourteen days after the sending of the documents, via email to juridico@primeazores.pt, or via letter to Rua da Piedade, 162 – 9500-362, Arrifes, Ponta Delgada. If no objection is made within 14 days, the car rental company reserves the right to charge the customer for the costs incurred.
3. If the customer subscribes to the ULTIMATE package, and taking into account the conditions of effective use of the vehicle, the customer may or may not be charged the full cost of the repair.

9. ADMINISTRATIVE EXPENSES

In case the car rental company is notified, as a result of an administrative offence or illegal conduct committed by the customer, and in order to identify it, the latter undertakes to pay, as administrative expenses, the amount of €20,00 (twenty euros) for the information provided to said entities.

10. LEGAL DOMICILE

The parties agree on the addresses indicated in the Agreement for any contact, in particular for
summons and notifications.

11. INFORMATION AND CLARIFICATIONS

The customer acknowledges that all clauses of this Agreement have been duly and expressly
communicated and explained to it and that the latter is aware of said clauses and therefore signs this
Agreement.

12. RENTAL DISPUTE

1. In the event of a dispute between the customer and the car rental company concerning the rental, the applicable law will be Portuguese law.
2. All notices to be given under the Contract shall be sent to the addresses set out in the latter, which are recognised by both parties as being the agreed address for all legal purposes, and the parties shall be obliged to notify any changes.
3. Either party may submit the resolution of the dispute to the competent Courts, which may be those of their residence, without prejudice to the possibility of addressing the alternative dispute resolution entities indicated: https://www.livroreclamacoes.pt or the Consumer Portal at http://www.consumidor.pt/, to which the car rental company is not bound, except in consumer disputes up to the value of €5,00,000.00 (five thousand Euros).
4. The car rental company gives the handwritten signature affixed digitally or by any biometric, digital or electronic means the same probatory force as a written document, under the terms of the law, and the signature effected shall have the same validity as the handwritten signature.

13. PERSONAL DATA

1. The Customer provides at the beginning of the Contract its personal data and that of the driver(s) of the vehicle(s), for the purpose of the respective identification within the scope of the Contract, expressly authorising the car rental company to proceed with the computer processing of the same.
2. In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), the landlord informs you of the following:
   • The entity responsible for the processing of the personal data provided in the context of the Contract, is the car rental company itself;
   • The purpose of processing personal data is to conclude and execute this Contract, pursuant to Article 6(1)(b) of the GDPR;
   • Personal data may be transmitted to third parties for the purpose of ensuring compliance with any legal obligations to which the car rental company is subject, pursuant to Article 6(1)(c) of the GDPR, namely to judicial authorities, criminal police bodies, tax and customs authorities and regulatory bodies;
   • Personal data may be processed for other purposes for which the data subject has given express consent to the car rental company;
   • The car rental company shall keep the personal data processed for the period necessary to provide the services, respective invoicing and compliance with legal and judicial obligations.
3. At any time the data subject has the right to access said data, as well as, within the limits of the contract and the GDPR, to change them, oppose their processing, decide on the automated processing of the same, withdraw consent, request the erasure of data and exercise the other rights provided for in the legislation in force (except for the data that are essential for the execution of the contract, and as such are mandatory, as well as for compliance with legal obligations to which the car rental company is subject).
4. If the customer withdraws its consent, this does not affect the lawfulness of the processing carried out until that date.
5. The data subject has the right to be notified, under the terms of the GDPR, in the event of a breach of its personal data likely to result in a high risk to rights and freedoms, and may lodge a complaint with the relevant authority(ies).
6. Personal data may be passed on to third parties providing services to the car rental company, where such services involve the communication of data contained in rental contracts.