Skip to main content

Terms and Conditions

Subscription

A) THE RENTAL

CLAUSE ONE
SUBJECT MATTER, DURATION AND DELIVERY OF THE VEHICLE

  1. VOLTO DRIVE rents to the CLIENT, identified in the particular conditions, the motor vehicle described therein and in the condition of preservation indicated therein, upon payment of the total rental price calculated in accordance with the terms described in the particular conditions.
  2. The rental commences and ends on the date, time and place designated in the Particular Conditions for the collection and return of the vehicle, respectively.
  3. The reserved vehicle shall be delivered to the CLIENT at the location indicated by VOLTO DRIVE to the CLIENT, without prejudice to the CLIENT contracting the vehicle movement service set out in Clause 10.
  4. Upon delivery of the vehicle, the corresponding reception report relating to the vehicle's characteristics, condition and mileage shall be signed, which shall form an integral part of this agreement.

CLAUSE TWO
AMENDMENT OF CONTRACT DURATION

  1. The CLIENT may request a change to the initially agreed term at any time during the term of the agreement, by giving 15 days' prior notice to VOLTO DRIVE. This change may entail a revision of the monthly rental amount, which may result in an increase or decrease thereof, depending on the applicable terms.
  2. For adjustment purposes, the following formula shall apply: (Monthly Rent X Number of months) – (New Monthly Rent X Number of months). The resulting amount shall be charged or credited to the CLIENT, as the case may be.
  3. In the event of early termination of the agreement, the monthly rent shall be recalculated based on the actual period of use. The CLIENT shall settle the difference between the total amount paid and the amount corresponding to the actual rental period.
  4. Should the Client decide to extend the agreement for a period longer than initially agreed, the monthly rent corresponding to the new term shall apply, with retroactive effect from the beginning of the agreement. The resulting difference shall be deducted from the subsequent monthly payment.

CLAUSE THREE
USE OF THE VEHICLE

  1. The CLIENT shall conduct themselves in the manner of a diligent owner, always promoting the adequate maintenance of the vehicle, making normal and prudent use thereof, using it only for the purpose for which it is intended, complying with the provisions of the maintenance manual and all applicable laws and regulations in Portugal or in the country in which it is driven.

  2. The CLIENT may not sublet or permit, in any form, the use of the vehicle by third parties without the prior written authorisation of VOLTO DRIVE, with third parties being understood as all persons who are not demonstrably authorised to use the vehicle by VOLTO DRIVE.

  3. In addition to the other cases provided for by law and others contained in this Agreement, the following shall also constitute CLIENT obligations:

    • To permit the inspection of the vehicle by VOLTO DRIVE whenever so requested, without prejudice to its normal use;
    • To immediately inform VOLTO DRIVE of any event that jeopardises the ownership or possession of the vehicle, taking the necessary steps to prevent such event;
    • To immediately notify VOLTO DRIVE within 12 hours of any defect, abnormal deterioration or malfunction in the vehicle odometer, delivering it, for repair purposes, to a workshop in the network indicated by VOLTO DRIVE.
    • To carry in the vehicle, at all times, the documentation which, according to applicable law, is required for its circulation;
    • To immediately notify VOLTO DRIVE of any accident involving the vehicle;
    • To drive the vehicle only within Portuguese territory, unless VOLTO DRIVE expressly authorises driving outside Portuguese territory. The request to drive outside Portuguese territory must be submitted to VOLTO DRIVE within 48 hours;
    • Not to alter the vehicle's characteristics, nor introduce any modifications, install accessories or affix commercial or advertising markings, except if previously authorised, in writing, by VOLTO DRIVE.

  4. Without prejudice to the provisions of this Agreement regarding insurance, the risks of loss, deterioration, malfunction or immobilisation of the vehicle, as well as any compensation claimed by third parties, shall be borne by the CLIENT.

  5. Without prejudice to the provisions of Clause 6, the immobilisation or non-use of the vehicle for reasons not attributable to VOLTO DRIVE shall not oblige VOLTO DRIVE to provide a replacement vehicle.

  6. The CLIENT shall also bear full responsibility for all fines, penalties and analogous expenses inherent to the use of the vehicle, including any fines due to the vehicle not having been submitted to mandatory periodic inspections (IPOs) for reasons attributable to the CLIENT, as well as all existing or future taxes and fees created or amended, relating to the effective management of the vehicle or to payments to be made in execution of this agreement.

  7. VOLTO DRIVE, upon the CLIENT's request, shall inform the CLIENT of the dates and locations for the performance of services, and it shall be the CLIENT's sole responsibility to attend with the vehicle at the locations and on the dates indicated by VOLTO DRIVE.

  8. VOLTO DRIVE shall not be liable for any costs of any intervention that has not been requested by the CLIENT and confirmed by the CLIENT, in writing, to the supplier.

  9. VOLTO DRIVE may, at any time, replace the vehicle with a vehicle of the same segment, and the CLIENT shall, if so requested, return the vehicle to VOLTO DRIVE and collect the indicated vehicle, without being granted any right of retention over it.

  10. The CLIENT acknowledges that, in any case, they are the effective driver of the vehicle and are using it in their own interest.

CLAUSE FOUR
VEHICLE MAINTENANCE

  1. Within the scope of the individual rental agreement, VOLTO DRIVE shall assume, at its own expense, all of the following interventions:
    • SCHEDULED – Periodic Maintenance, in accordance with the manufacturer's recommendations, commonly referred to as "revisões";
    • PREVENTIVE – Replacement of parts deemed to be subject to wear, resulting from normal and prudent use of the vehicle, necessary to maintain its good roadworthy condition;
    • CORRECTIVE – Repair of mechanical, electrical or electronic faults in the vehicle, caused by its normal and prudent use, resulting from the inability of a part to guarantee its functionality in accordance with the manufacturer's specifications;
    • MANDATORY PERIODIC INSPECTIONS (IPO) – in accordance with the frequency defined by law.
    • No liability may be attributed to VOLTO DRIVE for delays or deficiencies in maintenance services where such fact is attributable to the Supplier, and whenever the CLIENT has a complaint to make about maintenance services, such complaint must be submitted to VOLTO DRIVE, in writing, within a maximum period of 8 days from the date of the intervention.
  2. All complaints made within the vehicle's warranty period shall be submitted jointly by the CLIENT and VOLTO DRIVE to the manufacturer, seller or authorised agent, and the CLIENT shall always give prior notice to VOLTO DRIVE of the reason that gave rise to the said complaint.
  3. The CLIENT must inform VOLTO DRIVE, with a minimum of 2 business days' advance notice, of the need to carry out any of the maintenance services, whenever, pursuant to the respective manual, it is necessary to carry them out.
  4. Without prejudice to the provisions of the preceding paragraphs, the following services are expressly excluded from the scope of the maintenance service borne by VOLTO DRIVE:
    • All services not covered by the provisions of paragraph 1 of this Clause;
    • All interventions on accessories or equipment not included as standard, on fabric or leather coverings and those related to locks, keys, remote controls or glass;
    • Elimination of parasitic and aerodynamic noises;
    • All interventions within the scope of other services made available under this agreement, regardless of whether or not they have been subscribed to by the CLIENT.
  5. For the purposes of the preceding paragraph, such services, if necessary, shall be the sole responsibility of the CLIENT.
  6. Also not included in VOLTO DRIVE's maintenance obligation are repairs that become necessary due to the CLIENT's failure to comply with any obligations arising from this agreement.

CLAUSE FIVE
CIVIL LIABILITY AND VEHICLE DAMAGE INSURANCE

  1. Under this Agreement, VOLTO DRIVE shall assume, at its own expense, the taking out of a civil liability insurance policy with a maximum insured capital of €50,000,000.00, as well as the repair of any damage to the vehicle resulting from accidents, impacts, collisions, rollovers, fire, lightning, explosion, theft, robbery, natural phenomena, acts of vandalism and isolated glass breakage, without prejudice to the provisions of the following paragraphs.
  2. Whenever an accident occurs without it being possible to attribute liability to a duly identified third party, whether of an individual or collective nature, the CLIENT shall pay VOLTO DRIVE the excess indicated in this agreement, except in cases of theft, robbery or isolated glass breakage, where no excess payment is due.
  3. Should the vehicle suffer damage which, by its nature or extent, implies a repair cost equal to or greater than its commercial value in the professional used vehicle market, the PARTIES stipulate that the repair shall be replaced by the termination of this agreement due to total loss of the vehicle, without prejudice to the provisions of Clauses 14 and 15, in the applicable parts.
  4. Should the vehicle disappear due to theft or robbery, without it being possible to recover it within 60 days from the date of reporting to the competent authorities and VOLTO DRIVE, unless this agreement ends at an earlier date pursuant to the provisions of Clause 12, the termination of this agreement shall be initiated due to total loss of the vehicle, without prejudice to the provisions of Clauses 14 and 15, in the applicable parts.
  5. Should the CLIENT fail to comply with all the obligations imposed on the insured and contained in the corresponding insurance policy, or should any accident occur as a result of a violation of the provisions of the Highway Code, the CLIENT shall indemnify VOLTO DRIVE for all losses incurred by VOLTO DRIVE as a result of such facts.
  6. Pursuant to the preceding paragraph, the occurrence of any accident in the context of the use of the vehicle on electronic mobility platforms, in the provision of professional transport services, including collective transport of children, as well as for the vehicle rental without driver (rent-a-car) activity, is considered to be excluded from the coverage of the civil liability insurance policy contracted by VOLTO DRIVE.

CLAUSE SIX
TYRE REPLACEMENT

  1. Tyre replacement or repair shall not be carried out or borne by VOLTO DRIVE in cases of misuse, damage caused by negligence, punctures, cuts, impacts against kerbs, potholes or objects on the road, or any other situation not arising from normal wear and tear. In such circumstances, all replacement, repair and labour costs shall be the sole responsibility of the CLIENT.
  2. VOLTO DRIVE shall proceed, after due assessment, to replace tyres whose level of wear jeopardises the vehicle's safety and compliance with applicable legal standards, and for this purpose, the CLIENT must notify VOLTO DRIVE of such need.
  3. The tyres to be installed shall have characteristics identical to the original ones, with VOLTO DRIVE reserving the right to choose the brand and model as well as the location for carrying out the said intervention.
  4. It is the sole responsibility of the CLIENT to pay any damages or fines resulting from driving the vehicle with tyres that do not comply with applicable legal standards.

CLAUSE SEVEN
REPLACEMENT VEHICLE

  1. Should the vehicle be immobilised for a period exceeding 4 (four) hours, VOLTO DRIVE shall make available to the CLIENT a replacement vehicle (RV) of the same category as the CLIENT's vehicle.
  2. The replacement vehicle (RV) shall be made available, where possible, at the workshop where the vehicle is immobilised or at the location indicated by VOLTO DRIVE, without any costs being attributable to VOLTO DRIVE.
  3. All expenses and additional products arising from the use of the replacement vehicle shall be borne by the CLIENT, even if such additional products are provided for in this Agreement for the use of the vehicle.
  4. Should the CLIENT fail to return the replacement vehicle by the expected date, the CLIENT shall bear, for each excess day, the daily rental rate indicated in the applicable price list.

B) ADDITIONAL SERVICES

CLAUSE EIGHT
ELECTRONIC TOLL MANAGEMENT SERVICE

  1. Upon subscription to this service, VOLTO DRIVE shall provide the CLIENT with an electronic toll tag (Via Verde identifier) for exclusive use in the vehicle, with the management fee that the CLIENT will pay to VOLTO DRIVE stated in this agreement.
  2. The CLIENT shall correctly install the identifier in accordance with the detailed instructions provided with it, and any reading errors arising from incorrect use shall be the CLIENT's sole responsibility.
  3. Whenever the identifier is not in perfect working condition, the CLIENT shall notify VOLTO DRIVE of this fact and go to a Via Verde assistance point to resolve any anomaly in the identifier.
  4. In the event of loss, the CLIENT shall immediately notify VOLTO DRIVE in writing, and shall be responsible for any improper use of the identifier until the 3rd business day following VOLTO DRIVE's receipt of the said notification.
  5. In the event of the CLIENT's breach of any contractual obligation with VOLTO DRIVE, without prejudice to other rights provided for herein, VOLTO DRIVE reserves the right to cancel the electronic toll identifier without prior notice.

CLAUSE NINE
ADDITIONAL KILOMETRE PACKAGE SERVICE

  1. Upon subscribing to this service, the CLIENT may purchase additional kilometres on top of the contracted allowance by acquiring kilometre add-on packs at the applicable monthly subscription rate.
  2. Pursuant to the preceding paragraph, the total number of kilometres shall be added to the total number of contracted kilometres.

CLAUSE TEN
VEHICLE DELIVERY AND COLLECTION SERVICE

  1. Upon subscription to this service, the vehicle shall be delivered by VOLTO DRIVE and returned to VOLTO DRIVE at the location indicated by the CLIENT, provided that such request is made by the CLIENT by the date of the vehicle's reception by the Client or its return to VOLTO DRIVE.
  2. Should this service be requested for the return of the vehicle to VOLTO DRIVE, the verification of the vehicle's general condition and the drawing up of the return report shall take place at the location indicated by the CLIENT, and the provisions of Clause 14 shall apply.
  3. Without prejudice to the provisions of this Clause, VOLTO DRIVE shall not be held liable for any damage arising from the movement of the vehicle, except in cases of wilful misconduct or gross negligence.

C) PAYMENT

CLAUSE ELEVEN
PAYMENTS

  1. Monthly payments — comprising the rental charge for the contracted period together with the price of any services subscribed by the CLIENT at the outset or during the term of the agreement — shall be paid to VOLTO DRIVE in the amounts and by the due dates set out in the corresponding invoice. Invoices will be issued electronically to the CLIENT's email address, unless a paper invoice is specifically requested.
  2. Electronic toll charges and any other services or costs borne by the CLIENT that fall outside the preceding paragraph shall be settled by the CLIENT within the payment terms set out in the particular conditions forming part of this agreement.
  3. Payment shall be made by SEPA Direct Debit (SDD) under a standing authorisation covering all amounts due under this Agreement, or alternatively by the credit card provided by the CLIENT. The CLIENT shall ensure that sufficient funds are available to meet all transfers to VOLTO DRIVE. Any change to the payment method requires VOLTO DRIVE's prior written consent, as recorded in the particular conditions.
  4. If any amount due under this Agreement is not paid on time, the CLIENT shall be liable for the following, without prejudice to VOLTO DRIVE's right of termination under Clause 13:
    • Default interest at the maximum statutory rate applicable on the date of default, accruing daily;
    • Administrative handling charges for rejected SDD collections, per the current tariff schedule;
    • Administrative and travel costs incurred in pursuing overdue balances and opening pre-litigation proceedings, per the current tariff schedule;
    • Legal costs, including court fees, out-of-court expenses, solicitor and attorney fees, and any related charges.
  5. The CLIENT may not rely on non-use of the vehicle as a reason to withhold or delay payment of monthly instalments or any other contractual charges on their due dates.

D) TERMINATION OF THE AGREEMENT

CLAUSE TWELVE
EXPIRY OF THE AGREEMENT

  1. This agreement shall come to an end:
    • At the end of the agreed rental period;
    • When the maximum mileage specified in the agreement is reached, if this occurs before the end of the rental period;
    • Upon the CLIENT's written notice of early termination to VOLTO DRIVE;
    • In the event of total loss of the vehicle.
  2. Where the agreement ends under paragraphs b) or c) above, the CLIENT shall pay VOLTO DRIVE the difference between the total instalments that would have been due for the period actually elapsed and the instalments already paid, without prejudice to any other charges set out in the applicable tariff schedule.
  3. Termination of this agreement, for any reason whatsoever, shall always give rise to the obligations set out in Clauses 14 and 15.
  4. Termination of this agreement does not extinguish the CLIENT's liability for any costs incurred during the term, even where these are invoiced by VOLTO DRIVE after the termination date.

CLAUSE THIRTEEN
TERMINATION FOR BREACH

  1. In addition to the grounds established by law, either PARTY may terminate this agreement for material breach by the other Party, provided that the defaulting PARTY has been given written notice and has failed to remedy the breach within 5 business days of receiving that notice.
  2. VOLTO DRIVE may also terminate this agreement unilaterally with immediate effect upon:
    • The CLIENT's dissolution and/or insolvency, or, in the case of an individual, their death;
    • The cessation or suspension of the CLIENT's business activity, or judicial enforcement against their assets.
  3. Where VOLTO DRIVE terminates this agreement, the CLIENT shall compensate VOLTO DRIVE for all resulting losses. Such compensation shall be no less than the amount determined under Clause 12(2), without prejudice to Clause 11(4).
  4. In addition to the right of termination, VOLTO DRIVE may draw on all security provided by the CLIENT — including deposits, guarantees and avals — to recover any sums outstanding.

CLAUSE FOURTEEN
RETURN OF THE VEHICLE

  1. Upon termination of this agreement, for any reason set out in the preceding Clauses, the vehicle must be returned to the location specified in this agreement, without prejudice to any vehicle collection service subscribed under Clause 10.
  2. The CLIENT shall return the vehicle:
    • Washed and fully cleaned, with no equipment, personal items or documents inside;
    • With all keys, remote controls, access codes, manuals, service record book and all documents required for road use;
    • Free from any advertising or promotional material, whether applied as paint, stickers or any other means;
    • In a state of repair and working order consistent with normal and careful use, as defined in VOLTO DRIVE's reconditioning manual and, where applicable, in the original handover report.
  3. If the vehicle is not returned in the required condition, VOLTO DRIVE shall charge the CLIENT the cost of restoring it to that condition. The vehicle's state will be formally assessed in a return report drawn up by an independent third-party appointed by VOLTO DRIVE.
  4. The CLIENT shall also be liable for all losses arising from any delay in returning the vehicle. For each day between the agreement's termination date and the actual return date, the CLIENT shall pay an amount equal to the monthly rental instalment, plus all other charges applicable under this agreement, including those set out in the following clause.

CLAUSE FIFTEEN
ACTUAL MILEAGE COVERED

  1. Upon termination of this agreement, for any reason, an adjustment will be made to account for any difference between the kilometres actually driven and the contracted allowance.
  2. If the kilometres actually driven exceed the contracted allowance, VOLTO DRIVE shall invoice the CLIENT for each excess kilometre at the unit rate set out in this agreement.
  3. If actual mileage does not exceed the contracted allowance, no refund or credit will be due to the CLIENT.
  4. If the odometer malfunctions, the vehicle shall be presumed to have travelled, during the period of the malfunction, a daily average equal to that recorded at the last valid reading, or — in the absence of such a reading — the daily average implied by the contracted kilometre allowance.
  5. In the event of early termination under Clauses 12 or 13, the contracted kilometre allowance — for the purposes of this clause — shall be calculated at 1,500 (one thousand five hundred) kilometres per calendar month elapsed, or at the figure arising from any additional kilometre package subscribed under Clause 9, measured between the vehicle handover date and the return date.

CLAUSE SIXTEEN
PERSONAL DATA PROTECTION

  1. The CLIENT expressly consents to VOLTO DRIVE processing the personal data necessary for the performance of this Agreement, as set out in the Particular Conditions and/or the Privacy Policy.
  2. In accordance with Regulation (EU) 2016/679 (GDPR) and Portuguese Law No. 58/2019 of 8 August, the CLIENT is informed as follows:
    • The entity responsible for the processing of personal data provided in the context of the agreement is VOLTO DRIVE, with registered office at Centro Comercial Mar Shopping, Avenida Doutor Óscar Lopes, loja 1.03, 4450-337, Porto.
    • Personal data is processed solely for the purpose of entering into and performing this agreement and for compliance with VOLTO DRIVE's legal obligations;
    • Processing for the purpose of sending personalised marketing communications from VOLTO DRIVE and its partners is based on the CLIENT's specific consent to the use of their data for that purpose.
    • Personal data may be disclosed to third parties where required by law, including to judicial and law-enforcement bodies, the tax and customs authority, and sector regulators such as the Transport and Mobility Authority.
  3. VOLTO DRIVE shall retain the personal data processed for the period necessary for the provision of services, respective invoicing and full performance of the agreement.
  4. The CLIENT may, at any time, exercise their rights of access, rectification, erasure, restriction of processing, data portability and objection, as well as the right to withdraw consent or contest automated decision-making, subject to any limitations arising from contractual necessity or legal obligation. Requests should be directed to VOLTO DRIVE through the contact details provided.
  5. Withdrawal of consent does not affect the lawfulness of processing carried out before the withdrawal.
  6. The CLIENT will be notified in the event of a personal data breach that is likely to result in a high risk to their rights and freedoms, as required under the GDPR.
  7. The CLIENT may lodge a complaint with the Portuguese Data Protection Authority (Comissão Nacional de Proteção de Dados — CNPD).

CLAUSE SEVENTEEN
JURISDICTION AND ALTERNATIVE DISPUTE RESOLUTION

  1. Subject to any mandatory rules on territorial jurisdiction, the parties agree to submit any disputes arising from this Agreement to the courts of the District of Porto.
  2. For consumer disputes within the meaning of Law No. 144/2015 of 8 September, the Client may refer the matter to an Arbitration Centre listed on the website of the Directorate-General for Consumer Affairs at www.consumidor.gov.pt.
  3. The CLIENT may also submit a formal complaint to VOLTO DRIVE via the physical Complaints Book kept at VOLTO DRIVE's premises, or through the online complaints portal at https://www.livroreclamacoes.pt/inicio.

CLAUSE EIGHTEEN
FINAL PROVISIONS

  1. This Agreement may be varied by the CLIENT subscribing to additional products or services by means of written notice to VOLTO DRIVE.
  2. By executing this Agreement, the CLIENT irrevocably authorises VOLTO DRIVE to assign or transfer, in whole or in part, its contractual position — including any receivables — simply by notifying the CLIENT of such assignment.
  3. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force. The PARTIES undertake in good faith to replace any invalid provision with one that achieves the same economic and legal purpose.
  4. Clauses relating to optional add-on services shall only take effect where the CLIENT has subscribed to those services, which shall be provided at a location designated by VOLTO DRIVE.
  5. Where a dispute relates to the vehicle's technical or mechanical condition, it shall be referred to an expert appointed by the vehicle manufacturer's official representative in Portugal, whose findings shall be binding on both PARTIES.

Rent a Car

CLAUSE ONE
PURPOSE

VOLTO DRIVE (the "LESSOR") leases to the Customer (the "LESSEE"), identified in the particular conditions, the motor vehicle described therein and in the condition stated therein, against payment of the total rental price calculated in accordance with clause 4 and the particular conditions.

CLAUSE TWO
CONDITION OF THE VEHICLE AND RETURN

  1. The LESSEE declares and acknowledges that the Vehicle subject to this contract is in good working order and free from apparent defects, save for those described in the "Vehicle Condition" document, which forms an integral part of this contract and is hereby reproduced in full for all legal purposes.
  2. The LESSEE acknowledges that it is its obligation to return the Vehicle in the same condition in which it was delivered, together with the respective documents, spare parts, accessories and equipment, which are delivered on this date.
  3. At the time of collection and return of the Vehicle, respectively at the start and end of the rental contract, the LESSEE undertakes to report any anomalies detected resulting from its use, in particular, but not limited to, those concerning the fuel level and battery condition.
  4. The Vehicle shall be returned to the VOLTO DRIVE representative who delivered it, save where otherwise contractually stipulated, and may, where expressly provided for, also be returned through the VOLTO DRIVE mobile application.

CLAUSE THREE
RENTAL DURATION

  1. The rental shall begin and end on the date, time and place designated in the Particular Conditions for collection and return of the vehicle, respectively.
  2. Should the LESSEE wish to extend the rental period, it undertakes to contact the LESSOR in advance with a view to renewing the existing contract, with such extension being subject to the LESSOR's express approval. Renewal, if approved, shall be formalised by completion of a new contractual form, which shall be digitally signed by the parties.
  3. Vehicle collection may be carried out through the VOLTO DRIVE digital platform or by in-person assistance from a member of staff. In either case, the condition of the vehicle shall be verified at the time of collection, and an inspection report shall be drawn up, which forms an integral part of this Contract. That report shall describe the condition of the vehicle, as well as any existing defects and/or damage.
    In the case of in-person assistance, the report shall be validated by the signature of the LESSEE and the LESSOR. In the case of the digital platform, validation shall be carried out by the LESSEE through the electronic means made available for that purpose, in particular by digital confirmation in the system, which shall produce the same legal effects as a signature.
    In the absence of any anomalies recorded by the LESSEE at the time of collection, the vehicle shall be presumed to have been received in good condition and as described in the inspection report.

CLAUSE FOUR
PRICE

  1. In consideration of the vehicle rental, the LESSEE undertakes to pay the LESSOR the total price resulting from the applicable daily/weekly/monthly rate and from the additional services contracted, as itemised in the Particular Conditions, as well as the amounts arising from charges and other items the obligation to pay and assess of which arises at the end of the Contract.
  2. The amount referred to in the preceding paragraph shall be increased by:
    a) The amount paid as a security deposit, where applicable, as set out in the particular conditions, to guarantee compliance with obligations arising from this Contract;
    b) The amount set out in the particular conditions for the vehicle refuelling service, and the value of any missing fuel, calculated according to the maximum price per litre in force on the date of return;
    c) The amount set out in the particular conditions for the vehicle recharging service, in the case of an electric vehicle rental;
    d) The amount payable for any additional insurance cover contracted under clause 8;
    e) The amount payable to the LESSOR for the provision of the electronic toll payment device indicated in the particular conditions, plus the amount of the tolls due;
    f) The amount set out in the particular conditions to be charged as administrative expenses for the LESSOR's compliance with its duty to identify the LESSEE following any traffic offences or other breaches of the law;
    g) The amount set out in the particular conditions where the driver is under 18 years of age.
    h) The amount set out in the particular conditions for each additional driver, who must be duly identified in the contract;
    i) The additional amount set out in the particular conditions per additional kilometre (km), where a mileage limit is defined in those conditions;
    j) The amount set out in the particular conditions as a location surcharge, where applicable;
    k) The amount set out in the particular conditions for delivery and/or collection outside the LESSOR's premises;
    l) The amount set out in the particular conditions for out-of-hours vehicle delivery;

CLAUSE FIVE
RETURN OF THE VEHICLE

  1. The LESSEE undertakes to return the vehicle on the day, at the place and time indicated in the Particular Conditions, with its accessories, documents and in the same condition of use and cleanliness in which it was delivered.
  2. Return in breach of clause 3(1) shall result in additional costs, in accordance with the price list in force available [annexed to this contract], or in an adjustment of the rental price.
  3. In the event of early return of the vehicle, the LESSOR shall not be required to refund the remaining rental amount to the LESSEE, save where otherwise stipulated in the particular conditions.
  4. The LESSOR shall not be liable to the LESSEE, or to any passenger, for the loss of or damage to objects left in the vehicle, whether during the rental period or thereafter.
  5. At the time of return of the vehicle, the LESSOR and the LESSEE shall jointly inspect it to verify the existence of any new defects and/or damage which, if any, shall be recorded in the corresponding section of the inspection report forming an integral part of this Contract, and shall be validated by both parties through their respective signature.
  6. The LESSEE's refusal to sign as provided for in the preceding paragraph shall not exempt it from liability for damage caused during the rental period.

CLAUSE SIX
FUEL POLICY

A) Internal combustion engine vehicles – petrol, diesel, hybrid and LPG

  1. The LESSEE undertakes to return the vehicle in accordance with the fuel policy contracted, on the following terms:
    a) "Full to Full" option: The LESSEE undertakes to return the vehicle to the LESSOR with the same fuel level as at the time of collection. In the event of breach, the LESSOR shall charge the refuelling fee and the missing fuel, under the terms of clause 4(2)(b);
    b) "Full Tank Option": The LESSEE pays the price of a full tank and may return the vehicle regardless of fuel level and without any further payment. The LESSEE shall not be reimbursed for any unused fuel.

B) Electric vehicles

  1. The LESSEE undertakes to return the vehicle with at least 70% battery charge or with the same percentage as at the time of collection. In the event of breach, the LESSOR shall charge an amount as a recharging fee, as set out in clause 4(2)(c);

CLAUSE SEVEN
OBLIGATIONS OF THE LESSOR

  1. The LESSOR shall:
    a) Make the rental terms and conditions available to the LESSEE before signature of the Contract, including the general and particular conditions, and provide the clarifications requested as necessary for full understanding thereof;
    b) Inform the LESSEE in advance of any drawdown on the security deposit on account of damage to the vehicle, providing evidence and the value of the damage, where applicable;
    c) Provide a free of charge assistance service to the LESSEE, available 24 hours a day, for reporting any anomalies arising during performance of this contract;
    d) Provide an equivalent service or make available a higher-class vehicle in the event of unavailability of the vehicle previously contracted or reserved, or breakdown, at no additional cost to the LESSEE.

CLAUSE EIGHT
OBLIGATIONS OF THE LESSEE

  1. The LESSEE shall:
    a) Pay, as soon as requested by the LESSOR, all amounts arising from the conclusion of this Contract;
    b) Ensure that the vehicle is properly locked when not in use;
    c) Ensure that the vehicle is fuelled or charged with the appropriate fuel or charge;
    d) Not smoke inside the vehicle;
    e) Contact the LESSOR in the event of vehicle breakdown and obtain its prior agreement before any repairs.
  2. The LESSEE undertakes not to use, and not to permit the use of, the vehicle:
    a) For the carriage of passengers or goods in breach of the law;
    b) For sporting events or training, whether official or otherwise;
    c) By any person under the influence of alcohol, drugs or any other substance which, directly or indirectly, reduces their perception and reaction capacity;
    d) By drivers not identified in the Particular Conditions of this Contract or, even where identified, not meeting the minimum requirements set by the LESSOR for rental purposes, in particular as regards minimum age and the legal validity of the driving licence;
    e) Outside national territory, without the LESSOR's express authorisation for that purpose.
    f) to tow, push or propel any other vehicle, trailer, attached load, object or equipment, on pain of incurring contractual breach and being held liable for any damage arising therefrom, as well as for any loss of applicable insurance cover.

CLAUSE NINE
COMPULSORY INSURANCE AND ADDITIONAL INSURANCE COVER

  1. Compulsory insurance covers solely the payment of compensation for bodily and material damage caused to third parties.
  2. The LESSEE shall be liable for the payment of damage to the vehicle and/or to the equipment or devices installed therein attributable to it, up to the limit of the excess indicated in the Particular Conditions, without prejudice to the LESSEE's full liability for damage caused by wilful misconduct, negligence or not covered by insurance.
  3. The rental contract includes Damage Protection ("CDW – Collision Damage Waiver" or LDW – Loss Damage Waiver), which reduces the LESSEE's liability up to the excess limit set out in the Particular Conditions, for damage caused to the vehicle resulting from a road accident (impact, collision and rollover), excluding damage to the vehicle's windows and tyres and damage caused by acts of vandalism.

CLAUSE TEN
MILEAGE LIMIT (where applicable)

The LESSEE shall be subject to a mileage limit per rental, indicated in the Particular Conditions. That limit may not be exceeded by more than 130% of the contracted kilometres, and where that limit is exceeded an amount per additional kilometre shall be due, under the terms of clause 4(2)(j), and the LESSOR may terminate the contract for cause.

CLAUSE ELEVEN
ONE-WAY RENTAL (where applicable)

  1. Subject to availability of LESSOR rental stations, the LESSEE may return the vehicle to a station other than the one at which it was collected.
  2. Where the LESSEE elects this return option upon conclusion of the rental contract, the amount shall already be included in the rental price, as set out in clause 4(2)(k) and in the particular conditions.
  3. Where the LESSEE elects, after conclusion of the contract, to return the vehicle at a station other than the one at which it was collected, it shall confirm station availability directly with the LESSOR prior to return, and an additional fee shall be charged at the time of return, as provided for in clause 4(2)(k).

CLAUSE TWELVE
AUTHORISED DRIVERS

  1. Only the driver identified in the rental contract, or drivers duly authorised by the LESSOR, may drive the vehicle.
  2. For each additional driver of the vehicle, an additional amount shall be payable, as set out in clause 4(2)(h) of the general conditions and in the particular rental conditions.
  3. Should the vehicle be driven by a driver not identified in the contract and, therefore, not duly authorised by the LESSOR, the LESSEE shall be liable for any and all damage caused to the vehicle by such driver.

CLAUSE THIRTEEN
OUT-OF-HOURS VEHICLE RETURN (where applicable)

  1. By agreement between the LESSOR and the LESSEE, the vehicle may be returned outside the normal opening hours of the rental station.
  2. Where the LESSEE elects this vehicle return option, its liability for the vehicle (and for any additional equipment contracted) shall continue until the station's opening time or until the LESSOR inspects the vehicle, whichever is the earlier.
  3. Where the LESSEE elects this vehicle return option, it undertakes to:
    a) Leave any additional equipment in the vehicle's boot;
    b) Leave the vehicle safely parked at the place indicated by the LESSOR or, where this is not possible, at the closest place to the return station;
    c) Leave the vehicle key in the LESSOR's drop-off boxes and inform the LESSOR of the exact location of the vehicle.

CLAUSE FOURTEEN
ACCIDENTS OR CHANGES TO THE CONDITION OF THE VEHICLE

  1. In the event of an accident and/or any change to the condition in which the vehicle was delivered, the LESSEE undertakes to adopt the following procedures:
    a) Notify the LESSOR and request the presence of the police authorities in any accident, theft, robbery, fire, damage caused by animals or any other incident, within a maximum period of 48 hours, save in cases of duly justified force majeure;
    b) Obtain the names and addresses of the persons involved in the road accident and of any witnesses, save in cases of duly justified force majeure;
    c) Not abandon the vehicle without taking appropriate measures to protect and safeguard it, save in cases of duly justified force majeure;
    d) Provide the LESSOR with any evidence available regarding the incident, including the report drawn up by the intervening police authorities.
  2. Only the LESSEE and/or drivers authorised by the LESSOR may benefit from the optional cover indicated in clause 9.
  3. The cover described in clause 9 shall not apply in the event of an accident due to:
    a) Speeding;
    b) Driving under the influence of alcohol or narcotic substances;
    c) Improper use of the vehicle, in particular in places and for purposes other than those for which it is intended, such as driving on unpaved roads and tracks, forest tracks and beaches;
    d) Use in sporting events or training, whether official or otherwise;
    e) Carriage of goods above the limit set out in the technical specifications and/or in the Vehicle Registration Document.
  4. Failure to comply with this clause or with the items set out in clause 8(2) shall make the LESSEE liable for the entire cost of repairing the vehicle and for compensation corresponding to its downtime.

CLAUSE FIFTEEN
TOLL SERVICE

  1. The LESSEE automatically subscribes to the electronic toll payment service, in accordance with the legislation in force1, which makes it possible, by means of an identifier owned by the LESSOR, or leased by it, to determine the toll fee for collection within the scope of the electronic tolling services available on the road infrastructure duly equipped for that purpose, with the LESSEE being solely responsible for full payment of the amount corresponding to use thereof during the term of this Contract, as well as of the amount payable to the LESSOR for the provision of the toll service, corresponding to the administrative costs incurred with the service.
  2. For payment purposes, the LESSEE must provide a valid credit card, ensuring that the corresponding bank account holds sufficient balance to meet payments due in respect of debits that may occur after detection of use of the road infrastructure mentioned in the preceding paragraph, including debits that may occur after the end of the Contract, provided the use of the road infrastructure giving rise to such debits took place during its term.
  3. If the LESSEE does not use road infrastructure equipped with electronic tolls (including SCUT) during the term of the Contract, the amount of the toll service referred to in paragraph 1 shall be refunded at the end of the contract.

CLAUSE SIXTEEN
COMPENSATION FOR DAMAGE

  1. The LESSOR and the LESSEE shall, upon collection of the vehicle, jointly carry out an inspection in order to establish the condition of the vehicle at that time, and any pre-existing damage shall be recorded, in accordance with clause 3.3.
  2. The LESSEE accepts the vehicle in the condition in which it is found following such inspection, save for defects/damage which it was not possible to detect at the time of inspection.
  3. Upon return of the vehicle, it shall be subject to inspection by the LESSOR and the LESSEE in order to ascertain the existence of any damage not present in the vehicle at the time of its collection.
  4. Where the LESSEE is not present at the time of damage verification, the LESSOR shall complete a report stating whether or not damage exists in the vehicle, which shall be sent to the LESSEE within a reasonable period for its information.
  5. In the event that the vehicle is not returned in the same condition in which it was delivered, the LESSEE may have to bear the cost of damage in accordance with clause 9, the value of which is set out in the particular conditions upon conclusion of the contract, on the following terms:
    a) The LESSOR shall send the LESSEE, within a reasonable period, a written communication describing the damage and the corresponding evidence, providing for that purpose a repair quotation;
    b) Should the LESSEE disagree with its liability for the damage or with the amounts presented in the quotation sent, it may dispute the matter with the LESSOR, providing for that purpose any evidence it considers relevant, within 15 days.
    c) The amount provided as a security deposit shall be held on the payment card used for its provision until a decision is issued, in accordance with clause 19(1) and/or (2).

CLAUSE SEVENTEEN
CONTRACTUAL BREACH

The LESSOR may terminate the Contract should the vehicle be used in breach thereof, with the LESSEE being required to immediately return the vehicle at the place indicated to it, failing which the vehicle shall be removed under the terms of the law, at the LESSEE's expense.

CLAUSE EIGHTEEN
JURISDICTION AND ALTERNATIVE DISPUTE RESOLUTION

  1. Save for any mandatory legal provision regarding territorial jurisdiction, the parties agree that the courts of the Comarca of Porto shall have exclusive jurisdiction to settle any disputes arising from the performance of this Contract.
  2. In the event of a consumer dispute, as defined under Law No. 144/2015, of 8 September, the Customer may resort to an Arbitration Centre listed in the List of Centres available on the Directorate-General for the Consumer website at www.consumidor.gov.pt.
  3. Without prejudice to the foregoing, the LESSEE may file its Complaint with the LESSOR, in the physical Complaints Book, available at the LESSOR's premises, or through its electronic version, available at https://www.livroreclamacoes.pt/inicio.

CLAUSE NINETEEN
PERSONAL DATA

  1. The LESSEE expressly authorises the LESSOR to carry out electronic processing of the personal data necessary for the performance of this Contract, as indicated in the Particular Conditions and/or Privacy Policy.
  2. The LESSOR, under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and Law No. 58/2019 of 8 August, which ensures the implementation, in the national legal order, of Regulation (EU) 2016/679 of the Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, hereby informs as follows:
    a) The entity responsible for the processing of the personal data provided under the contract is the LESSOR, with registered office at Centro Comercial Mar Shopping, Avenida Doutor Óscar Lopes, loja 1.03, 4450-337 Matosinhos;
    b) The processing of personal data has the sole purpose of the conclusion and performance of this contract, with the fulfilment of legal obligations on the part of the LESSOR;
    c) The processing of personal data for the purpose of receiving personalised marketing communications from the LESSOR, as well as from its partners, is based on the consent of the LESSEE for the transfer of such data for the purpose stated.
    d) Personal data may be transferred to third parties for the purpose of ensuring compliance with any legal obligations to which the LESSOR is subject, in particular to judicial authorities, criminal police bodies, the tax and customs authority and regulatory entities, in particular the Authority for Mobility and Transport;
  3. The LESSOR shall retain the personal data processed for the period necessary for the provision of the services, the corresponding invoicing and full performance of the contract.
  4. At any time, the LESSEE has the right to access personal data relating to it, as well as, within the limits of the contract and the GDPR, to amend, object to or restrict the processing thereof, decide on the automated processing thereof, withdraw consent, request erasure of the data and exercise the other rights provided for in the legislation in force, with the exception of data which is essential for the performance of the contract and is therefore mandatory to provide, or essential for the fulfilment of legal obligations to which the LESSOR is subject.
  5. Where the data subject withdraws consent, this shall not affect the lawfulness of the processing carried out up to that date.
  6. The LESSEE shall be notified, under the terms set out in the GDPR, in the event of a personal data breach likely to result in a high risk to its rights and freedoms.
  7. The LESSEE may file complaints with the National Data Protection Commission (CNPD).
  8. Should the Customer have any questions regarding the use of its Personal Data, it should, in the first instance, contact VOLTO DRIVE through the email address privacy@voltodrive.com.

CLAUSE TWENTY
TELEMATICS AND GEOLOCATION

  1. The Customer acknowledges and accepts that the Vehicle is fitted with a telematics and geolocation device, with the LESSOR being the controller of the personal and technical data collected through that system, in accordance with applicable legislation.
  2. The collection of telematics data shall be carried out by the LESSOR for the sole purpose of ensuring the operational and technical management of its fleet, with such data being limited to information of a technical and mechanical nature relating to the vehicle. No data allowing the direct identification of the Customer shall be collected for this purpose.
  3. In particular, the LESSOR shall collect the following telematics data:
    On the start date of the rental contract and immediately after its end:
    a) total mileage recorded on the odometer;
    b) fuel level or battery charge of the vehicle.
  4. As regards geolocation (via GPS technology), the LESSOR shall collect data solely and exclusively for the following purposes:
    a) Ensuring the fulfilment of contractual obligations, including the collection of the vehicle's location immediately before the start of the rental contract and immediately after its end;
    b) Protecting the vehicles in its fleet, in particular in cases of theft, robbery and/or contractual breach with consequent termination of the contract;
    c) Providing assistance to the Customer in the event of an accident, where such assistance depends on the collection of the location and is expressly requested by the Customer.
  5. Geolocation data shall be collected solely at the times and for the purposes indicated in this clause and shall be deleted immediately after fulfilment of those purposes, save for any contrary legal obligation.
  6. The LESSOR declares that it has implemented appropriate technical and organisational measures for the protection of the data collected, preventing accidental or unlawful destruction, loss, alteration, disclosure or unauthorised access, as set out in the personal data protection clause of these General Conditions.
  7. Any further questions may be clarified through the contact: privacy@voltodrive.com.

ANNEX I – Price List

Description Price
Change of reservation period (during the rental contract) Free of charge
Reservation Cancellation – made with 48 hours' notice prior to the scheduled rental start time Free of charge
Reservation Cancellation – made with less than 24 hours' notice prior to the scheduled rental start time In the event of no-show on a reservation of up to 2 days, the full amount shall be charged for not cancelling within the deadline. In the event of no-show on a reservation of more than 2 days, only the first 4 days shall be charged for not cancelling within the deadline.
Vehicle return at a location other than the indicated parking station € 184.50
Vehicle refuelling service (where the vehicle is returned with less fuel) € 79.95
Fuel (litres) Subject to the daily price in force on the date the vehicle is returned.
Use of fuel other than that admitted by the vehicle (without mechanical deterioration) € 369.00
On-site assistance service for the vehicle and user (caused by improper use by the user) € 86.10
Fines Management Service (driver identification) € 12.30
Tyre replacement (or repair) for reasons attributable to the user Cost borne by Volto Drive for replacement and repair
Loss of vehicle documentation or other items Green Card - € 18.40 / Keys - € 49.20 / Mandatory Periodic Inspection Certificate (IPO) - € 24.60 / Vehicle Registration Document (DUA) - € 61.50 / Owner's Manual - € 49.20
Penalty for breach of the prohibition on smoking inside the Vehicle € 92.25
Use of the vehicle outside Portuguese territory Within the European Union – € 150.00 / Outside the European Union - € 300.00
Vehicle delivery and return service at a location other than the indicated parking station € 55.35
Cost per additional km € 0.20 (per additional kilometre)
Expenses, fines or other charges arising from the immobilisation of the Vehicle, where it is seized by the police authorities Subject to costs incurred by Volto Drive
Fines, judicial or extrajudicial expenses, penalties for traffic offences or breach of law attributed to the vehicle or to the Customer, plus the administrative cost of identifying the latter to the authorities Subject to costs incurred by Volto Drive plus a fee of € 20.00