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Click in the options below and read the general information. Guarantee security and speed at the pick-up day.
WHAT IS NECESSARY TO RENT A VEHICLE?
Must have:
Valid passaporte
Have a valid driver license (in case of temporary license, add the option of "CDJR" to the lease)
Have a Credit card for pre-authorization
Valid passaporte
Have a valid driver license (in case of temporary license, add the option of "CDJR" to the lease)
Have a Credit card for pre-authorization
WHAT DO I NEED TO PAY ATTENTION NOT TO HAVE PROBLEMS ON MY ARRIVAL DAY?
If you have the requirements on the tab about what is necessary to rent a vehicle.
If you informed your arrival flight number
If you have the 24h phone numbers from the store where you will pick up the vehicle
If your schedules have changed for any reason, please inform us to avoid noshows and cancellation of the reservation.
If you informed your arrival flight number
If you have the 24h phone numbers from the store where you will pick up the vehicle
If your schedules have changed for any reason, please inform us to avoid noshows and cancellation of the reservation.
Can I make 2 similar bookings for the same holder?
Not. Our system does not allow opening 2 simultaneous contracts for the same CPF.
Therefore, even if you manage to make two reservations through our direct channels or through partners, at the time of picking up the vehicle, it will be necessary to choose one of them to be cancelled.
It is worth mentioning that, if the reservation originates from partner channels, all cancellation procedures must be carried out through the original channel of the reservation.
In addition, it is not possible to change ownership of the reservation. Making a new reservation, subject to availability and current rates.
Therefore, even if you manage to make two reservations through our direct channels or through partners, at the time of picking up the vehicle, it will be necessary to choose one of them to be cancelled.
It is worth mentioning that, if the reservation originates from partner channels, all cancellation procedures must be carried out through the original channel of the reservation.
In addition, it is not possible to change ownership of the reservation. Making a new reservation, subject to availability and current rates.
WHAT SHOULD I KNOW ABOUT PICKING UP AND RETURNING THE VEHICLE?
The pick up and return of the vehicle have to be done in our stores, you can choose to be taken from the airport to the store through our free transfer, that’s why it is so important for us to know about your arrival flight number at the time you make the reservation.
TRANSFER
AIRPORT - STORE / STORE - AIRPORT, we offer a free transfer for customers who will pick up and return a vehicle. Just follow the instructions on the confirmation voucher and go to our meeting point available at all the airports we work.
VOUCHER
The CONFIRMATION Voucher is where you have the most accurate information of your reservation, confirm the data and read carefully the pick up instructions to facilitate your path.
The pick up and return of the vehicle can be done 24 hours a day, 7 days a week, depending on the location. Check the opening hours of the store where you will get or return the vehicle.
For more information about the pick up or return locations, check out the additional content on the top tab LOCATIONS (aluguefoco.com.br/en/lojas)
TRANSFER
AIRPORT - STORE / STORE - AIRPORT, we offer a free transfer for customers who will pick up and return a vehicle. Just follow the instructions on the confirmation voucher and go to our meeting point available at all the airports we work.
VOUCHER
The CONFIRMATION Voucher is where you have the most accurate information of your reservation, confirm the data and read carefully the pick up instructions to facilitate your path.
The pick up and return of the vehicle can be done 24 hours a day, 7 days a week, depending on the location. Check the opening hours of the store where you will get or return the vehicle.
For more information about the pick up or return locations, check out the additional content on the top tab LOCATIONS (aluguefoco.com.br/en/lojas)
WHAT PAYMENT METHODS ARE AVAILABLE?
MONEY
In cash. Pre-authorization will be required on the reservation holder credit card.
CREDIT AND DEBIT CARD
Amex / Diners / Elo / Mastercard / Visa / Hipercard
Belonging to the reservation holder.
For the SAFETY of our customers, virtual cards will only be accepted upon presentation of the last invoice, along with proof of payment.
Credit cards from establishments not affiliated with financial institutions may not allow pre-authorization.
The same customer can only be financially responsible for one vehicle at a time. If you make more than one reservation in your name, you will necessarily have to include an additional driver in the contract, who need to have a valid credit card in its name and with a available limit to pay the deposit.
In cash. Pre-authorization will be required on the reservation holder credit card.
CREDIT AND DEBIT CARD
Amex / Diners / Elo / Mastercard / Visa / Hipercard
Belonging to the reservation holder.
For the SAFETY of our customers, virtual cards will only be accepted upon presentation of the last invoice, along with proof of payment.
Credit cards from establishments not affiliated with financial institutions may not allow pre-authorization.
The same customer can only be financially responsible for one vehicle at a time. If you make more than one reservation in your name, you will necessarily have to include an additional driver in the contract, who need to have a valid credit card in its name and with a available limit to pay the deposit.
HOW DOES THE NO-SHOW POLICY WORK?
No-show or 'non-presentation' refers to the customer's non-attendance at the agreed place and time to pick up the vehicle.
With us, if you have made your reservation through our official channels, the vehicle can be picked up up to 1 hour later than the agreed time, limited to the store's opening hours.
Remembering that, in cases of bookings made through partner channels, this time can be even shorter. If you're late, it's necessary that you contact the partner site's Call Center directly to try to adjust the reservation in the system, agreed?
After this period, without the lessee having attended the store or made contact, the vehicle may no longer be available.
Thus, some amounts are retained to guarantee the rental company's reservation for that day.
All information is available in the contract and in the 'other notes' tab of the voucher.
With us, if you have made your reservation through our official channels, the vehicle can be picked up up to 1 hour later than the agreed time, limited to the store's opening hours.
Remembering that, in cases of bookings made through partner channels, this time can be even shorter. If you're late, it's necessary that you contact the partner site's Call Center directly to try to adjust the reservation in the system, agreed?
After this period, without the lessee having attended the store or made contact, the vehicle may no longer be available.
Thus, some amounts are retained to guarantee the rental company's reservation for that day.
All information is available in the contract and in the 'other notes' tab of the voucher.
HOW TO PROCEED IN EMERGENCY SITUATIONS?
In emergencies with the rented vehicle, try to make contact the 24-hour phone numbers from the store where the vehicle was picked up. Our team will be ready to give you na answer for this kind of situations.
Please pay attention to the phone numbers informed on your voucher and/or at the pick up moment.
Please pay attention to the phone numbers informed on your voucher and/or at the pick up moment.
WHERE CAN I FIND INFORMATION ABOUT THE STORES AND USEFUL TELEPHONES?
You can find information and contacts both on the top buttons and on the site footer, called
LOCATIONS (aluguefoco.com.br/en/lojas) and CONTACT (https://aluguefoco.com.br/en/contato).
Additional information will also be available on the CONFIRMATION voucher of your reservation.
LOCATIONS (aluguefoco.com.br/en/lojas) and CONTACT (https://aluguefoco.com.br/en/contato).
Additional information will also be available on the CONFIRMATION voucher of your reservation.
HOW DO PROTECTIONS WORK?
By renting a vehicle you will have the partial protection included, so in cases of accidents or total loss of the vehicle, the customer will be partially protected and will be liable according to the damages caused or up to the maximum amount of co-participation. We have several packages which will make your trip a lot more peaceful. Valid Protections for damages with the rented vehicle and for damages against third parties, always following the contracted limits.
By renting or booking a vehicle, check the limits of the contracted protection and its co-participations. Those informations will also be in the CONFIRMATION VOUCHER and/or the RENT CONTRACT.
If you have insurance from a third party company, you have to follow the standard procedure. In cases of accidents, total loss and refunds, you have to bear the costs directly with Foco and then ask your insurer for your refund to be provided. We will provide all the necessary documentation to fulfill the procedure, we will not be responsible nor deal directly with the insurer contracted by the client. Our responsibility is exclusively directed on our protection products.
By renting or booking a vehicle, check the limits of the contracted protection and its co-participations. Those informations will also be in the CONFIRMATION VOUCHER and/or the RENT CONTRACT.
If you have insurance from a third party company, you have to follow the standard procedure. In cases of accidents, total loss and refunds, you have to bear the costs directly with Foco and then ask your insurer for your refund to be provided. We will provide all the necessary documentation to fulfill the procedure, we will not be responsible nor deal directly with the insurer contracted by the client. Our responsibility is exclusively directed on our protection products.
HOW DOES FOCO FUEL POLICY WORK?
Our fuel policy is very simple, level by level, the customer picks up the vehicle with a certain level of fuel and must return it with the same amount.
WHAT ARE THE RULES OF RATES WITH SPECIAL DISCOUNT?
RULES AND CANCELLATION RATE
The refund is valid only for reservations canceled up to 24 hours before the pick up time, and the cancellation fee is discounted. Cancellations in less than 24 hours hours before the pick up time will be characterized as "no show".
The value of the cancellation fee is BRL 100.00. In case of reservations with values less than BRL 100.00, no refunds will be made.
The refund procedure will be done within 5 days after the request. The credit deadline referred to the amounts to be refunded, after the refund procedure, discounting the cancellation fee in the amount of BRL 100.00, is from the credit card administrator responsibility. For inquiries or delays exceeding 10 business days, contact your card operator.
NON-REFUNDABLE RESERVATIONS AND NOSHOW
If the customer does not show up for pick up on the reservation date and within 1 hour after the booked time, the amount paid will not be refunded.
Reservations made less than 24 hours before the scheduled pick up time can not be canceled, in case of no-show, the total amount of the reservation will be charged.
The refund is valid only for reservations canceled up to 24 hours before the pick up time, and the cancellation fee is discounted. Cancellations in less than 24 hours hours before the pick up time will be characterized as "no show".
The value of the cancellation fee is BRL 100.00. In case of reservations with values less than BRL 100.00, no refunds will be made.
The refund procedure will be done within 5 days after the request. The credit deadline referred to the amounts to be refunded, after the refund procedure, discounting the cancellation fee in the amount of BRL 100.00, is from the credit card administrator responsibility. For inquiries or delays exceeding 10 business days, contact your card operator.
NON-REFUNDABLE RESERVATIONS AND NOSHOW
If the customer does not show up for pick up on the reservation date and within 1 hour after the booked time, the amount paid will not be refunded.
Reservations made less than 24 hours before the scheduled pick up time can not be canceled, in case of no-show, the total amount of the reservation will be charged.
HOW DO I CANCEL A RESERVATION?
WEBSITE RESERVATIONS
Cancel via the MANAGE BOOKING option on the right side of the red top box of the website. Insert the reservation number and last name that was included in the reservation.
PRE-PAID RESERVATIONS - WEBSITE
This type of reservation has special conditions, therefore, they must be canceled through our 24/7 call center under terms and conditions applied. More information on the below tab about RATES WITH SPECIAL DISCOUNT.
CALL CENTER RESERVATIONS - CENTRAL
Exclusive cancellation through the service center at 4007.2109.
RESERVATIONS MADE THROUGH TOURISM AGENCIES OR ONLINE BOOKING PORTALS
Those reservations can only be canceled through them. You should check their cancellation policy, because it is a third party service, costs can be generated according to the request period for cancellation and the contracted rate.
In case of having a reservation and on the scheduled day did not show up to the store and did not make any contact within 1 hour after the pick-up time (or according to the policy of the partner website where you booked), your reservation will be processed as noshow and the booked vehicle may be available to another customer.
Cancel via the MANAGE BOOKING option on the right side of the red top box of the website. Insert the reservation number and last name that was included in the reservation.
PRE-PAID RESERVATIONS - WEBSITE
This type of reservation has special conditions, therefore, they must be canceled through our 24/7 call center under terms and conditions applied. More information on the below tab about RATES WITH SPECIAL DISCOUNT.
CALL CENTER RESERVATIONS - CENTRAL
Exclusive cancellation through the service center at 4007.2109.
RESERVATIONS MADE THROUGH TOURISM AGENCIES OR ONLINE BOOKING PORTALS
Those reservations can only be canceled through them. You should check their cancellation policy, because it is a third party service, costs can be generated according to the request period for cancellation and the contracted rate.
In case of having a reservation and on the scheduled day did not show up to the store and did not make any contact within 1 hour after the pick-up time (or according to the policy of the partner website where you booked), your reservation will be processed as noshow and the booked vehicle may be available to another customer.
I THINK I RECEIVED A TRAFFIC FINE. WHAT NEXT?
First, it is important to always pay attention to the email, since all communication regarding traffic violations is carried out in this way. If it's not in your inbox, check the spam inbox.
After returning the vehicle, if the customer has committed any infraction, we receive a notification from the issuing agency about the verification of the traffic fine. It is important to remember that, as described in the contract, traffic fines are the customer's responsibility.
A fee of R$49.90 (per infraction) is charged to cover the costs of transferring points and referring the offending driver; including expenses with Post and authentication of documents necessary to carry out the process. If the administrative fee is not paid, we will not be able to indicate a driver, which will result in a new fine (code 500-20) for the non-nomination. This amount can reach up to 10 times the amount of the original fine.
It is worth noting that the administrative fee is a fixed amount and is independent of the amount of the infraction.
If you have any further questions, please contact our team through the email [email protected].
After returning the vehicle, if the customer has committed any infraction, we receive a notification from the issuing agency about the verification of the traffic fine. It is important to remember that, as described in the contract, traffic fines are the customer's responsibility.
A fee of R$49.90 (per infraction) is charged to cover the costs of transferring points and referring the offending driver; including expenses with Post and authentication of documents necessary to carry out the process. If the administrative fee is not paid, we will not be able to indicate a driver, which will result in a new fine (code 500-20) for the non-nomination. This amount can reach up to 10 times the amount of the original fine.
It is worth noting that the administrative fee is a fixed amount and is independent of the amount of the infraction.
If you have any further questions, please contact our team through the email [email protected].
HOW DOES REGISTRATION ANALYSIS IN STORE WORK?
It is natural that, when arriving at the store, our service team will analyze the documentation presented before pick-up the vehicle. Some data are included in our system so that some information can be collected and analyzed before the contract is opened.
The analysis may take into account credit history, DMV, IRS, and other demands.
When there are external discrepancies with the data provided, unfortunately we are unable to proceed with the booking at that time. But this does not prevent that in a next location such a result will occur again.
In cases of prepaid reservations, the amount is refunded to the credit card in full.
All questions regarding the cadastral analyses, can be found in our Terms and Conditions, at the bottom of the page.
The analysis may take into account credit history, DMV, IRS, and other demands.
When there are external discrepancies with the data provided, unfortunately we are unable to proceed with the booking at that time. But this does not prevent that in a next location such a result will occur again.
In cases of prepaid reservations, the amount is refunded to the credit card in full.
All questions regarding the cadastral analyses, can be found in our Terms and Conditions, at the bottom of the page.
GENERAL INFORMATION ABOUT RENT
The pick up and return of the vehicle can be done out 24 hours a day, 7 days a week, depending on the location. Check the opening hours of the store where you will pick up or return the vehicle. All stores are located next to the airports.
One daily has 24 hours from the pick-up time of the vehicle, extra hours will be charged after the scheduled return time, after the 6th extra hour a new daily will be charged.
Car rentals may be attended with same category vehicles or higher category in the absence of the reserved category. Foco does not guarantee a vehicle model. Check out our groups in the upper tab VEHICLES (https://aluguefoco.com.br/en/frota).
Our vehicles have 24 hour assistance, provided by the largest national companies, wherever you travel you will always have someone to help you in emergency situations.
We provide GPS navigation rentals, child seats and lift seats. All of these items are subjected to availability.
One daily has 24 hours from the pick-up time of the vehicle, extra hours will be charged after the scheduled return time, after the 6th extra hour a new daily will be charged.
Car rentals may be attended with same category vehicles or higher category in the absence of the reserved category. Foco does not guarantee a vehicle model. Check out our groups in the upper tab VEHICLES (https://aluguefoco.com.br/en/frota).
Our vehicles have 24 hour assistance, provided by the largest national companies, wherever you travel you will always have someone to help you in emergency situations.
We provide GPS navigation rentals, child seats and lift seats. All of these items are subjected to availability.
RENTAL CONDITIONS
CLAUSE I - DEFINITIONS
1. FOCO ALUGUEL DE CARROS S/A, headquartered at Rua Padre Carapuceiro, nº 968, Boa Viagem, Recife-‐PE, hereinafter referred to as Lessor and Lessee, hereinafter referred to as, identified in the Car Rental Statement, has among them, fair and agreed upon, this Lease Agreement as follows:
2. The Lessee may be an Individual or Legal entity, duly identified in the Vehicle Rental Contract Statement, responsible for full compliance with and observance of this contract. First Paragraph: To enter into this contract, the Lessee must be over 21 (twenty-one) years old, have a valid driver's license for more than 2 (two) years and a valid passport (in case of foreign citizen). Renters from Mercosul, without a passport, must present a form of entry into the country issued by the Federal Police, original identity card and driver's license, being fully able to drive the leased vehicle, in accordance with the requirements of traffic legislation, and income proven compatible to bear the indemnity liabilities with reference to the rented car and third parties. The Lessor may, at its sole discretion, waive the aforementioned proof of income, upon presentation of a valid credit card in the name of the Lessee, with availability of the minimum limits required by the Lessor. Second Paragraph: The Lessee agrees and authorizes the Lessor to reserve an amount on his credit card (pre-authorization), at least equal to the estimated expenses for the lease or the value of the co-participation of the contracted protection, if the value of the expected expenses is less than the value of the co-payment of protection, the pre-authorized amount will be the co-payment of protection.
The pre-authorization will be made at the beginning of the rental and when the customer requests an extension of the Vehicle Rental contract. Third Paragraph: The Lessor, in order to protect its assets and that of third parties, reserves the right, at its sole discretion, to promote the Lessee's registration analysis and, in certain situations, will need time for registration analysis and approval credit. Paragraph Four: The Lessor reserves the right to demand presentation of proof of residence.
3. USER is the representative of the Legal Entity, appointed by the Legal Entity and responsible for receiving the vehicle, hiring additional, signing the Car Rental Contract Statement, extending the rental period and returning the vehicle. First Paragraph: The User must be over 21 (twenty-one) years old, have a valid driver's license for more than 2 (two) years and a valid passport (in case of foreign citizen). Renters from Mercosur, without a passport, must present a form of entry into the country issued by the Federal Police, original Identity Card and Driver's License, being fully able to drive the leased vehicle, in accordance with the requirements of traffic legislation, previously qualified and approved by the Lessor upon payment of an additional fee. Second Paragraph: The Lessee will be responsible for the fulfillment and observance of this contract and acknowledges and agrees that the User will always act on his behalf. Third Paragraph: The Lessor reserves the right to demand presentation of proof of residence.
4. DRIVER is the person indicated by the Lessee who may also drive the leased vehicle upon payment of an additional fee, being previously qualified and approved by the Lessor and duly identified in the Vehicle Rental Agreement Statement.
First Paragraph: The Driver must be over 18 (eighteen) years old, have a valid driver's license for more than 2 years and a valid passport (in case of foreign citizen). Renters from Mercosul, without a passport, must present a form of entry into the country issued by the Federal Police, original Identity Card and Driver's License, being fully able to drive the Leased Vehicle, in accordance with the requirements of traffic legislation, previously qualified and approved by the Lessor. Second Paragraph: The Lessee will be responsible for the compliance and observance of the clauses by the Driver. Third Paragraph: The Lessor reserves the right to demand presentation of proof of residence.
5. FINANCIAL RESPONSIBLE FEE is the payment of the fee that becomes obligatory when the credit card details do not belong to the holder of the reservation at the time of vehicle collection. The amount is charged for each night.
6. CAR RENTAL STATEMENT is the document that identifies, in each lease, the Lessee, the User and/or Driver of the leased vehicle, the lease period, prices (rates and services), additional protections and their limitations, containing debit authorization and granting of powers from the Lessee to the Lessor, which is signed by the Lessee.
7. VEHICLE INSPECTION FORM is the inspection term for the delivery of the vehicle to the Lessee and its return to the Lessor, which portrays the actual condition of the vehicle and the damages existing in it, in addition to the amount of fuel at the exit and on return from the Lease. 8. For all legal purposes, these general conditions, the Car Rental Contract Statement, the Vehicle inspection form, the rental company's current rates, as well as the proposals and commercial agreements accepted for rental of vehicles especially for legal entities.
CLAUSE II - OBJECT
1. The purpose of this contract is the rental of vehicles owned, owned, used or enjoyed by the Lessor, which is delivered to the Lessee with all the equipment required by the Brazilian Traffic Code in perfect working condition and safety, for a specified period, for use exclusively in national territory, observing the terms and limits of its use, set out below, and in the other provisions established between the contracting parties.
2. The rental car cannot be used for:
a. Transporting people and/or goods upon collection of remuneration of any kind;
b. Transporting people and/or goods beyond the capacity informed by the vehicle manufacturer;
c. Towing and/or towing any vehicle;
d. Participate in races, tests, competitions, “rally”, stretch recognition for “rally” and other competition modalities, scavenger hunts, “races” and/or “handles”;
e. Instruction for people not qualified to drive and driver training for any situation;
f. Transporting explosives, fuels and/or flammable chemical materials;
g. Transporting goods without the physical documentation required by law and/or embezzled or contraband goods;
h. Travel on dunes, beaches, lakes and rivers;
i. Any unlawful purposes;
j. Political campaigns.
CLAUSE III - TERM
1. The rental term and the place of return of the car are set in the Statement of Car Rental Agreement, recorded as “Date, Time and Place of Return”.
a. The Lessee undertakes to use the vehicle within the contracted period, any change in the contracted term must be proposed to the Lessor at least 24 (twenty-four) hours before the end of the contract.
b. It is at the sole discretion of the rental company, whether or not to accept the extension or amendment to the contract. First Paragraph: In the event of an extension of the lease term, the general clauses and conditions of this contract will remain in force, and the customer will be subject to any price variations in the current rate and to the loss of any discounts and promotions for previously determined periods agreed in special conditions. Second Paragraph: The extension of the lease will depend on advance payment of the lease and new pre-authorization on the credit card presented.
c. The extension of leases with a period exceeding 30 (thirty) days must be made in person by the Lessee at the same Vehicle pick-up store until the thirtieth day of the then-current Rental Agreement, counting from the date and time of pick-up of the vehicle.
d. If the lessee does not communicate the need for an extension of the contract or the extension is not authorized by the Lessor and the Lessee does not return the vehicle, in addition to the measures already contained in this term, a fine of 50% of the contract value will be due.
CLAUSE IV - PRICE
1. The rental amount for the purposes of remuneration for the Lease will be determined at the close of the statement, which will occur upon the return of the leased vehicle or in the event of any event of termination of this contract, comprising the sum of the values of the following items, defined and specified in Current rate:
1.1 Lease
a. DAILY: the vehicle's daily rate is 24 (twenty-four) hours, from the time the car is picked up, with up to 60 (sixty) minutes of tolerance for return.
b. OVERTIME: from the 25th (twenty-fifth) hour of pickup of the leased vehicle, overtime will be charged (1/6 of the daily rate for each overtime), being charged, including the tolerance hour, from the 6th (Friday) hour will be charged 1 (one) new daily rate.
c. KILOMETERS: will be charged only when rates are contracted where there is a limitation of kilometers, with a breakage or violation of the speedometer, the average of 500 (five hundred) kilometers per day will be considered, regardless of the day on which the fact occurred, from the beginning to the effective vehicle return.
d. RISK COVERAGE PROTECTION FEE: Adhesion is optional. The protection rate is valid for 24 (twenty-four) hours, with one hour of tolerance for the return of the vehicle. From the 25th (twenty-fifth) hour onwards, the value of another daily rate for the equivalent contracted protections will be charged, there is no overtime charge for protections.
e. FEE FOR ADDITIONAL DRIVER: membership is mandatory when there are other drivers / users. The daily rate is valid for 24 (twenty four) hours with one hour of tolerance for the return of the vehicle. From the 25th (twenty-fifth) hour, charges will be charged in the same way as the Daily Rental, according to overtime.
f. RETURN RATE: it is due when the vehicle is returned, in a place different from the one of origin of the rental or outside business hours, according to the values specified in the current table. The same rate will also be charged in the event of a lease for a period of less than 3 (three) nights.
g. SERVICE FEE: 10% (ten percent) of the total amount of the Car Rental Contract Statement.
h. The Lessee hereby agrees and expressly acknowledges that in leases with a period exceeding 30 (thirty) days, the amount to be paid by the Lessee as a vehicle lease may be greater than the value initially contracted in cases of early return of the vehicle, a as no discount will be eventually granted for longer term leases.
1.2 Reimbursement of Expenses and Indemnities
a. FUEL: The vehicle must be returned with the same amount of fuel that was removed, the amount of fuel will be marked on the inspection form at the time of collection. Upon return, if the vehicle is not returned with the same amount of fuel that it had at the time of withdrawal, the value corresponding to the reading of the marker in eighths will be charged, based on the table itself, the values of the liter will be included in the adhesion term. If the customer chooses to purchase fuel at the time of collection, thus including the corresponding amounts in their rental contract, it will not be necessary to return the vehicle with the same amount of fuel at the time of collection, which may be the lowest. The rental company will under no circumstances reimburse any leftover fuel. In the event of an accident with total loss, theft, theft or fire of the leased vehicle, the respective amount will be charged for the amount of fuel the vehicle had at the time of withdrawal, regardless of the situation of the tank at the time of the fact. If the use of adulterated fuel is found, the Lessee will be liable for it and for damages resulting from such use.
b. VEHICLE WASHING: the vehicle is delivered clean. If it is returned dirty, internally and/or externally, a simple or special washing fee will be charged, depending on the state of the vehicle upon return. In the need for special washing, in addition to the washing fee, the minimum amount of 1 (one) daily rental of the car of the model used will also be charged, or as many days as necessary until the vehicle is made available for rental, limited to 5 (five) vehicle rates based on the current rate.
c. VEHICLE DOCUMENTS: when not returned to the Lessor, regardless of the reason, a fine of 3 (three) days will be charged for the rental of the vehicle used, based on the current rack rate, in addition to the reimbursement of expenses to obtain a second copy of the vehicle document before the transit authorities.
d. VEHICLE KEYS: when not returned to the Lessor, regardless of the reason, a fine of 3 (three) days will be charged for the rental of the vehicle used, based on the current rate, in addition to the reimbursement of expenses for making the keys, based on in the price list suggested by the assembler and practiced by the dealerships according to the model, type and year of the vehicle.
e. No show or NO PRESENTATION: means the customer does not show up at the agreed place and time for delivery and/or pick-up of the vehicle. First Paragraph: for a reservation that is not canceled at least 6 (six) hours in advance of the scheduled time for the pick-up or delivery of the vehicle, 1 (one) daily rental of the reserved vehicle will be charged, based on the current rate . The driver will also be charged 1 (one) daily rate, when this service is hired.
f. TRAFFIC INFRINGEMENTS: Fines linked to traffic violations: the lessee must reimburse the value(s) of the fine(s) linked to the violation(s), whether under Municipal, State or Federal jurisdiction, plus an administrative fee as a percentage of the fine or single amount according to the Car Rental Contract Statement, linked to each traffic offense(s) occurring during the term of this contract.
g. VEHICLE SEIZURE: The Lessee will be charged for all service expenses incurred by the professionals involved in releasing the rented car, in addition to the fees charged by Organs competent bodies.
h. CLAIM INDEMNITY: in the event of any accident with the Leased vehicle, all expenses and indemnities of the lessee will be charged, within the limits and conditions defined in this contract.
i. ACCESSORIES, GLASS AND PNEUMATIC ACCESSORIES: full amount will be charged in case of theft, robbery or damage to any accessory, windows or tire of the rental car. An accessory is understood to be any non-original factory equipment.
j. LOSS OF PROFITS: The Lessee will be charged the revenue amounts that the Lessor failed to invoice due to the impossibility of using the property in the following cases: 1. Improper use, as provided for in this Agreement or recoverable accident, within a maximum of 30 (thirty) days ; 2. In case of seizure of the vehicle by the competent authorities motivated by the Lessee/Driver's fault until the vehicle is fully released; 3. Misappropriation, until the Lessor receives the recovered car or receives the respective indemnity from the Lessor, whichever occurs first, limited to a maximum of 180 (one hundred and eighty) days;
k. LOSS: if any agency or agency determines the penalty of confiscation of the leased vehicle as a result of the illicit or improper use of the vehicle by the Lessee/User/Driver, they must pay the value of the vehicles to the Lessor, according to the local market quotation .
1. Paragraph One: In addition to the above items, the basis for calculating the Price, when contracted, includes delivery and return rates at home, driver services, fees and/or municipal, state or federal taxes in force or that may come to be instituted, finance charges in case of late payments and any other fees/refunds noted.
2. Second Paragraph: The lessee: will allow, at any time, the free inspection of the vehicle by the Lessor, whenever the latter, at its discretion, deems it convenient.
CLAUSE V - LESSOR'S OBLIGATIONS
1. Deliver to the Lessee the vehicle clean, in perfect working condition and safety, with all the updated equipment and documents required by current legislation.
2. Ensure the reservation for a period of up to 1 (one) hour after the scheduled time for picking up the vehicle, provided that this time of tolerance is within the normal operating period of the Store that is making the Lease.
3. Replace the leased vehicle, at no cost to the Lessee, in the event of a breakdown due to electrical or mechanical defect, arising from its normal use.
First Paragraph: When the defect presented allows locomotion, without aggravating the problem and without the vehicle presenting a risk to drivers, the Lessee must make the respective replacement at the nearest branch of the Lessor.
Second Paragraph: When it comes to a defect that makes it impossible for the vehicle to run, the Lessor will arrange for the removal and replacement of the vehicle at no cost to the Lessee.
Paragraph Three: In case the removal of the vehicle occurs and after the verification, it is detected that the defect was caused by an accident or improper use of the vehicle, as defined in item 10.1.8 of Clause VII, below, for example, in case the foundry of the engine, or when removal is unnecessary or avoidable, for example, when there is no fuel, the Lessee will pay the Lessor the value of the trailer plus the fine amount of 1 (one) daily for the car used, based on the current rate, regardless of the type of risk coverage contracted.
4. Maintain a full-time assistance service to the Renter through the telephone call center in cases of breakdown, accidents and/or emergencies with the leased vehicle.
CLAUSE VI - LESSEE'S RESPONSIBILITIES
1. Storage and use of the leased vehicle:
1.1 The Lessee undertakes to drive, store or park the vehicle in safe conditions, making use of all protective equipment available in the vehicle, in accordance with the purposes and limits defined in this contract.
1.2 The Lessee cannot leave the national territory with the vehicle, without the express written authorization of the Lessor.
1.3 The Lessee acknowledges and assumes, with the lease and effective receipt of the vehicle, the legitimate and autonomous possession of the car, for all purposes of rights and duties, with no solidarity, legal or contractual, of the Lessor, for indemnity liabilities arising from the use and/or vehicle circulation, accidents and/or traffic offenses, in accordance with art. 265 of the Brazilian Civil Code.
First Paragraph: Upon receipt of the vehicle, the Lessee must check the amount of fuel that exists in the leased vehicle, and must return the vehicle with the same amount received, according to clause IV, 1.2,a.
Second paragraph; It is hereby agreed that the Lessee will not be entitled to reimbursement if he returns the vehicle with an amount of fuel higher than the amount received.
1.4 Be responsible for the burden of all events arising from loan or transfer of the leased vehicle to third parties, even if it has prior and formal authorization from the Lessor at the time of lease.
1.5 Do not carry out any repairs or authorize any service on the leased vehicle without the express and prior consent of the Lessor.
1.6 Keep the Vehicle in good condition, observing the manufacturer's and Lessor's recommendation regarding maintenance and revisions. Also note the need to maintain water and oil levels when driving for long distances and/or in situations of use that require such attention.
Sole Paragraph: The Lessor will not reimburse the Lessee for any expenses made for repairs or services in the leased vehicle, without prior and formal authorization by the Lessor.
1.7 Call the Lessor's Call Center whenever necessary, especially in cases of breakdowns and/or accidents, being aware that the Lessor will not reimburse for the same expense with removals, since the Lessor provides this service.
1.8 The Lessee is responsible for all monies, fees, expenses and indemnities mentioned in Clause IV, regardless of the time they are verified, provided that they are unequivocally in the period in which the lease took effect.
2. Return of the leased vehicle:
2.1 Return the leased vehicle on the date and time set, and the vehicle will be returned at the same place of delivery, unless agreed in writing between the parties that the return will take place in another location.
First paragraph: In the event that the leased vehicle, for any reason, is towed by the competent authorities, the Lessee must notify the Foco Aluguel de Car Service Center, which will recognize the termination of the lease only when he regains direct possession of the vehicle in conditions to move and be leased again.
Second Paragraph: In the event that the Leased vehicle is involved in any accident, fire, theft, theft or total loss, the Lessor will only recognize the return of the vehicle and termination of the lease on the date and time of the Claim Notice, regardless of the date and time of occurrence of the fact.
Paragraph Three: Unjustified delay for more than 48 (forty-eight) hours, in the return of the vehicle, will automatically be configured as misappropriation.
Paragraph Four: Characterized by misappropriation, the Lessee will be subject to criminal and civil sanctions resulting from it, also bearing all judicial or extrajudicial expenses that the Lessor performs in the search, seizure and effective repossession of the leased vehicle.
Fifth Paragraph: The Lessor, however, will only recognize the termination of the lease on the date and time of the Police Report, regardless of the time and date of occurrence of the fact. In this case, the rent contracted until the date and time of the occurrence will be determined by the Lessor, under the terms and for the purposes of art. 575 of the Civil Code and the provisions of this instrument, without prejudice to the Lessee's liability for the damage it causes. 2.2 The Lessee agrees that if the vehicle is returned in hygienic and clean conditions that make it impossible to identify damage or damage (internal, external or accessories) upon its return, the Lessor will carry out a new inspection and check after washing the Vehicle . Renter agrees and acknowledges that charges for such damages will be made directly to Renter, even after termination of the Rental Agreement.
3. Indemnity Liabilities:
3.1 The Lessee shall bear the full costs, payments or indemnities, as well as the burden of legal or extrajudicial claims arising from events involving the Leased vehicle and/or Damages to Third Parties.
3.2 The Lessee will be fully responsible for the amounts that eventually exceed the contracted protection.
3.3 In the event of a lawsuit against the Lessor filed by third parties, the Lessee must accept the Denunciation of the Lide or the call to the process, provided for respectively in art. 125, item II and in art. 130, both from the Code of Civil Procedure.
3.4 To consent to any act that the Lessor promotes, by the legal and procedural means at its disposal, for its calling to the judicial acts that may be brought against it by injured third parties, aiming at indemnities of any nature (including, but not limited to material damages, bodily harm, moral and/or loss) arising from events with the rented vehicle, and it is responsible for the defendant in the claims.
3.5 The Lessee acknowledges that the Lessor's indemnity liabilities are limited to those contractually agreed, and the Lessee shall bear all the burdens that exceed them, in court or out of court.
3.6 The protections provided for in this article do not include the cost of towing, removal and other possible expenses (accommodation, food, displacement), which will be borne by the Lessee.
3.7 The budgets related to the services for repairing the breakdown of the leased vehicle, as well as the purchase of new parts and accessories to replace those that have been damaged, will always be made based on the price list of workshops authorized by the vehicle assembling factory.
4. Fines for Traffic Infraction.
4.1. The lessee declares itself, unequivocally, aware of its responsibility for the payment of a traffic fine(s) resulting from an infraction(s) registered in the period of rental of the motor vehicle. It is also responsible for the scores and other penalties arising from the assessments registered during the term of the contract, as provided for in art. 257 paragraph 7 of Law 9,503/97 c/ca CONTRAN Resolution 404/2012, authorizing the lessor to immediately appoint him before the traffic authority as the driver of the vehicle at the time of registration of the tort(s), simply by submitting of the declaration of knowledge together with a term of responsibility, regularly signed.
4.2. The lessee must present, at the time of signing the contract, the driver's license (original documentation), and the driver(s), if any, who must be regularly identified (s) ) in the lease statement, as well as, must (shall) sign (rem) the declaration of knowledge together with the term of responsibility. He will also need to present his driver's license and identity card, so that there can be accurate verification, as well as the regular filing of copies of the documents.
4.3 If there is a traffic violation notice(s) drawn up during the term of the contract, with the vehicle driver's registration in the lease statement, different from the lessee, the identification of the offender provided for in art. 257 § 7 of law 9,503/97 c/c Resolution 404/2012 will be carried out based on the signature contained in the declaration of knowledge together with the term of responsibility, which must be regularly signed.
4.4 The Lessee authorizes the payment of any traffic fine under its responsibility or any other amount provided for in the contract, pursuant to this Clause, may be debited directly by the Lessor to the lessee's credit card plus the administrative fee in percentage of the fine amount or single value according to the Car Rental Agreement Statement, which will be calculated and debited for traffic violations, regardless of the fine, through a pre-authorized procedure of signature, signature on file or typed sale whose copy is an integral part of this Agreement, the Lessor being responsible for sending conventional or electronic correspondence (e-mail) to the Lessee, informing the value of the traffic fine or any other amount involved.
4.5 The lessee expressly authorizes the lessee to issue bank charges against him for the regular reimbursement of fine(s) arising from traffic violation(s) registered in the lease period, as well as the administrative fee provided for in the item 1.2, item f of clause IV, which will be multiplied by the amount of traffic offense(s) registered during the term of the contract.
4.6 For those traffic notices in which the offending driver is approached by the agent or police, having his data recorded in the infraction notice(s), he will immediately become the legitimate party to file a defense/ appeal, and must deliver a copy of the notice of infraction to the rental company, if it has access.
4.7 The Lessee/Driver/User appoints and constitutes, in this act, as their attorney-in-fact the representatives of the Lessor to, on their behalf, indicate him as the driver of the vehicle and sign the driver/offender's presentation term, in the cases of traffic fines in general, municipal, state and/or federal, presenting a copy of the qualification and identity documents of the Lessee/Driver/User, as well as granting authorization signed at the conclusion of the Contract for infractions arising and practiced during the term of this Contract, pursuant to art. 257, paragraphs 7 and 8 of the Brazilian Traffic Code. The Lessor, when appointing the driver as a real offender, will immediately take a legitimate part in the exercise of its right of defense.
4.8 The rental company may substitute the powers granted by the lessee to a trusted third party, who will take all appropriate and necessary legal measures for the regular identification of the lessee or driver, indicated in the lease statement, in compliance with the rules provided for in art. 257, § 7 of Law 9,503/97 with CONTRAN Resolution 404/2012.
4.9 The inaction or refusal of the Lessee/Driver/User to provide, within the legal period, the documents necessary for the indication of the driver will result in the transfer of the responsibility for the penalty (score) to the lessee, in order to comply with the provisions contained in art. 257 § 7 of Law 9,503/97 with CONTRAN Resolution 404/2012.
4.10 It will be the sole responsibility of the lessee to appeal the transit notices that may have been registered during the term of the lease agreement, at its sole discretion and at its expense.
4.11 Any discussion on the origin or unfoundedness, justice or injustice regarding the drawing up of the infraction notice(s) of traffic occurring during the period that the vehicle was leased by the Lessee, even if the Lessor is not notified by the actuating agency within the legal period, must be made by the Lessee before the competent actuating agency, and it is not applicable, under any circumstances, to be carried out before the Rental company. In any event, the Lessee continues to be liable for the refund of all amounts resulting from the penalty(ies) during the lease period.
5. Payments:
5.1 The lease may be paid in cash at the time of vehicle pickup or by credit card, gift card or through the “typed sale” or “file signature” system.
5.2 The Lessee acknowledges and acknowledges that it will pay the debts arising from the rent in accordance with Clause IV, the Lessor being authorized to charge directly through bank collection, or automatically debit the respective amounts on their credit card through the signature system on file or typed sale. The Lessor after the 15th day of the rental will charge the rental to the Renter's credit card and will renew the pre-authorization through the file signature system or typed sale. First Paragraph: The Lessee is responsible for the payment of debts arising from the Lease until the effective return of the vehicle by the same, User or Driver. Second Paragraph: In the event of non-payment of any expenses owed by the Lessee that are contained in this Lease Agreement, the Lessor is authorized to include the name of the Lessee in the credit protection agencies SPC and Serasa. Third Paragraph: all amounts, expenses and charges of the Lease are net and certain debts for payment in cash, subject to executive collection, when applicable.
5.3 The Lessee will bear the mandatory co-participation of the contracted protection in all expenses, including those described below, arising from any accident with the rented car, according to clause VII, which will be valid up to the agreed limits and coverage, and is aware of that mandatory participation will be charged per event.
5.3.1 Theft, Theft or Misappropriation of the car;
5.3.2 Accident in Total Loss or Fire;
5.3.3 Towing and towing, in which case the Lessee shall reimburse the Lessor for all expenses of towing or towing the vehicle, as well as the expenses of daily fees and fees in a warehouse for transit agencies, when the leased vehicle, for any reason, is towed or towed, unless proven to be a malfunction arising from an electro/mechanical defect resulting from normal use of the car;
5.3.4 Seizure of the car, the Lessee being responsible for directly bearing all the service expenses of the professionals hired to release the leased vehicle that is seized, in addition to the fees charged by Organs competent bodies;
5.4 The Lessee shall always bear the financial burden corresponding to the amount specified as mandatory co-payment, referring to theft, damage to third parties, damage to the rented vehicle, the damage value being equal to or greater than the mandatory co-payment value (except if the lessee hires SFLDW protection).
5.4.1 If the amount of damage (including all amounts involved) caused to the leased vehicle, or to third parties, is less than the amount of the mandatory co-payment, only the amount of the damage will be paid by the Renter.
5.5 The Lessee will be personally responsible for indemnifying all damages caused to the leased vehicle, arising from any accident with the rented car, if it does not contract specific protection (clause VII), including:
5.5.1 Theft, Theft or Misappropriation of the car;
5.5.2 Accident in Total Loss or Fire;
5.5.3 Towing and towing, in which case the Lessee must reimburse the Lessor for all costs of towing or towing the vehicle, as well as the daily expenses and fees in a transit agency deposit, when the leased vehicle, for any reason, is towed or towed, unless proven to be a malfunction arising from an electro/mechanical defect resulting from normal use of the car;
5.5.4 Seizure of the car, the Lessee being responsible for directly bearing all the service expenses of the professionals hired to release the leased vehicle that is seized, in addition to the fees charged by Organs competent bodies;
5.5.5 The Lessee shall always bear the financial burden referring to theft, damage to third-party vehicles, damage to the rented vehicle, regardless of the value of the damage, if it does not contract asset protection provided for in this contract. 6 Call Center
6. Call Center:
6.1 The Lessee is aware of and undertakes to call the Customer Service Center, described in the rental statement, immediately after the occurrence of a breakdown, accident, theft, theft or in case of any problem involving the leased vehicle, under penalty of bear the burden of non-communication.
CLAUSE VII - CONTRACTING OF PROPERTY PROTECTION AND ADDITIONAL SERVICES
1. The Lessee may sign with the Lessor, with the purpose of exempting itself from liability for the payment of any damages caused to the rented car, to the vehicle of third parties, or to cover costs with the towing of the vehicle in the event of an accident, contracts of asset protection.
2. Protections will be contracted in writing and in advance of the beginning of the Contract by the Lessee, upon payment of an additional daily fee, the Lessee being assured, if it so wishes, to simultaneously contract more than one type of protection.
2.1. The protections provided for in this contract do not cover the hypotheses of misuse of the vehicle, among others in which the Lessee competes with intent or gross negligence for the occurrence of the damage.
2.2. Contracting the protections provided for in this contract is not mandatory. However, as the Lessee is financially responsible for the leased vehicle, he must pre-authorize on his credit card an expense corresponding to R$ 15,000.00 (fifteen thousand reais), to cover any damage caused to the Lessor.
2.3. The contractually available protections are as follows:
2.3.1. CDW/LDW: protection against theft, theft and damage caused to the leased vehicle, limited to the corresponding value of the leased vehicle; This protection is subject to a co-payment in the event of any claim, established in the current rate and/or in the rent statement or in the current commercial agreement with legal entities.
2.3.2. SLI: protection against material damage caused to third-party vehicles, up to the limit provided for in the adhesion term (individual contract). This protection is subject to a co-payment in the event of any claim, established in the current rate and/or in the rent statement or in the current commercial agreement with legal entities.
2.3.3. PAT: extended protection in relation to SLI, for damage caused to third-party vehicles, up to the limit provided for in the adhesion term (individual contract). This protection is subject to a co-payment in the event of any claim, established in the current rate and/or in the rent statement or in the current commercial agreement with legal entities.
2.3.4. AST: coverage of towing services for the transport of the leased vehicle to the Lessor's headquarters or other place designated by it for repairs, in case of collisions and collisions, in addition to exemption from lost profits in cases due to the Lessor, in the cases provided for in this contract. AST coverage does not cover costs with towing and does not exempt lost profits in the cases provided for in item 31.8.
2.3.5. G&T: coverage for damage caused to Glass and Tires.
2.3.6. SFLDW: Exemption from co-payment when contracting CDW/LDW, PAT and SLI protections.
2.3.7. For the purposes of this contract, the amount that the Lessee must pay in addition to the contractual protection, in the event of an accident, for the full repair of the damage caused is considered mandatory.
2.4. The compensation for moral damages, including those caused to third parties, which will in any event be the full responsibility of the Lessee, as well as loss, breakage and wetting of keys and documents, is excluded from any of the coverage provided for above.
2.5. For the purposes of this contract, the family, agents and employees of the Lessee/Driver/User, as well as people and goods that are inside the leased vehicle, are not included in the concept of third parties.
2.6. All values for contracting the protection, as well as the value of the coverage will comply with the table in force at the time of leasing the vehicle, whose values will be present in the adhesion term.
3. Are not included in any of the protections described (except in the G&T protection) for the leased vehicle, accessories, wheels, windows and tires, when damaged, stolen or stolen. It does not cover accessories, tears or holes in the upholstery, cracks and damage to glass in general.
4. Any non-original factory equipment is understood as an accessory, the following expenses are also not included in any of the protections:
4.1. Towing and Towing: the lessee must reimburse the Lessor for all costs of towing or towing the vehicle, as well as daily expenses and fees in transit agency depots, when the leased vehicle, for any reason, is towed or towed, except when proven failure arising from an electro/mechanical defect resulting from normal use of the car or, in case of contracting AST protection, when it is necessary to use a trailer to transport the vehicle in the event of an accident or collision.
4.2. Seizure of the car: the Lessee must bear directly all the costs of services provided by the professionals hired to release the leased vehicle that is seized, in addition to the fees charged by Organs competent bodies.
5. Misappropriation of the leased vehicle practiced by third parties, lessee or their agents, as well as damage resulting from flooding, flood, hail, tsunami, hurricane or any other type of natural disaster are not covered by the coverage (protection), such damage being of full responsibility of the Lessee and financial responsible.
6. The mandatory co-payment will be due by the Lessee in any event of use of contractual protection, including:
6.1. when the Lessor obtains compensation for damages/losses;
6.2. the stolen/stolen vehicle is located regardless of its state.
6.3. The Lessee or its agent is not at fault in the accident/loss.
7. Protection for Third Parties: coverage present in SLI and PAT protections for material damages caused to third parties, up to the limits established in the current Rate and/or Rent Statement.
7.1. This protection is subject to a co-payment in the event of any claim, established in the current rate and/or in the rent statement or in the current commercial agreement with legal entities.
7.2. This coverage excludes Moral Damages caused to Third Parties, which will be the full responsibility of the Lessee.
7.3. Renter's and User's family and employees will not be considered third parties for protection purposes.
7.4. People and goods that are inside the leased vehicle are not considered third parties for the purposes of this coverage.
8. Protection for Additional Drivers: other drivers may be included in the statement, provided that they are previously qualified and approved by the rental company and upon payment of the additional daily fee to extend the protections for risk coverage contracted, since only the Individual in the contract and the authorized user of the legal entity, previously identified, are authorized to drive the leased vehicle, duly covered by the contracted protections.
9. In case of any accident with the leased vehicle, the Lessee and/or Additional Driver, under penalty of loss of contracted protections and termination of the contract, undertake: a) to immediately notify the Military Police; b) within 01 (one) hour, communicate to the Lessor through the Call Center and/or in person; c) within 6 (six) hours, prepare the respective Police Report or Expert Report (this one in the case of victims) and communicate the registration/protocol number to the Lessor; d) present to the Lessor the police report and Claim Report provided by the Lessor, duly completed within 48 hours from the occurrence of the accident.
10. The contracted protections will be lost, when the Lessee:
10.1.1. Do not fill out the form “Notice of Claim”, according to item 9, of clause VII;
10.1.2. Failure to present proof or protocol for issuing the Police Report or Expert Report, pursuant to item 9, of clause VII;
10.1.3. Lending or transferring the leased vehicle to third parties without prior formal authorization from the Lessor;
10.1.4. Traveling with a vehicle leased outside the national territory;
10.1.5. The driver of the leased vehicle is found to have misconduct or gross negligence, as well as when the occurrence of serious and/or very serious infractions is characterized as explicit in chapter XV of the Brazilian Traffic Code, either by description in the Police Report, or by investigation of the facts.
10.1.6. Proceed with manifest negligence in guarding and using the vehicle, especially if you leave it abandoned in a secluded place or with the doors unlocked or windows down, keys in the ignition or any other neglectful situation with the rental car;
10.1.7. When the driver of the vehicle is not qualified or is driving the vehicle while intoxicated or under the influence of any chemical substance;
10.1.8. Proceed with intent or improper use of the car. The following situations are considered inappropriate use:
a. Drive the vehicle on dunes, beaches, flooded roads or without normal traffic conditions, which may put the vehicle at risk;
b. Traveling with the vehicle for a purpose other than the specific destination contained in its registration certificate and/or manufacturer's specifications, such as transporting people and/or goods by charging any kind of remuneration; transport people and/or goods of the capacity informed by the manufacturer; towing and/or towing any vehicle; participate in races, tests, competitions, "rally", recognition of the "rally" stretch and other competition modalities, scavenger hunts, "races" and/or "handles", instruction of persons not qualified to drive and training of drivers for any situation, transport of explosives, fuels and/or chemical or flammable materials and any illegal purpose;
c. Drive with oil or temperature warning lights on on the vehicle instrument panel. If the Lessee persists with the vehicle in operation under these circumstances, even for a short period of time, damage to the engine will occur, which will be identified through a technical report from the concessionaire or court, at the choice of the Lessor, under the supervision of the Lessee, when the latter expresses such interest ;
d. Damage to bodywork, paint, upholstery or mechanical parts due to careless use of the car;
10.1.9. When transporting illegal goods in the vehicle and/or it is seized by the competent authorities due to the Lessee/User's fault;
10.1.10. When vehicles are being used in Political Campaigns;
10.1.11. When the driver of the vehicle is not the Renter or authorized driver in the Car Rental Statement, with the payment of the respective additional fee;
10.1.12. When parking the vehicle in a place not allowed.
11. In case of loss of protections, the Lessee will bear directly all the burdens arising from any event and its consequences, including before harmed third parties, judicially or extrajudicially, in addition to towing/towing and loss of profits, without prejudice to the duty to reimburse to the Lessor any indemnities that it has to bear as a result of the Lessee's, User's or Driver's conduct.
12. No coverage for:
12.1. Fraud and improper use of the vehicle (as defined in item 10.1.8 of clause VII above);
12.2. Theft of the leased vehicle, when the car keys are not returned;
12.3. Misappropriation;
12.4. Leased vehicle keys and/or documents.
12.5. Daily expenses and fees in transit agency deposits in case of apprehension of the Leased vehicle;
12.6. Moral damages;
12.7. Professional services of lawyers and brokers;
12.8. Towing or winch expenses;
Sole Paragraph: In addition to the other hypotheses provided for in this Lease Agreement, the protections are no longer in force in cases of recklessness, negligence, malpractice, gross negligence or intent in driving the vehicle, and for the purpose of this Lease Agreement, the following terms have the meaning below:
The. Negligence: it is evidenced by the lack of care or concern with what certain acts are performed.
B. Recklessness: results from the agent's unpredictability in relation to the consequences of their act or action.
ç. Malpractice: it occurs, when it is revealed in their attitude, lack or deficiency of technical knowledge to observe the norms and/or lack of practical preparation.
d. Serious guilt: unintentional non-compliance with a rule or procedure, motivated by excessive carelessness, incompatible with the precautions regularly adopted by the common man. and. Fraud: constitutes intention to harm or defraud others; intention to practice something contrary to the provisions of the Law or the Contract, whether by action or omission.
13. – Exemptions from indemnity liabilities granted to the customer do not imply contracting insurance. It only means that the Lessor has contractually assumed costs, damages or indemnity liabilities that may eventually arise from the normal use and circulation of the rented car up to the maximum limits set forth in this contract.
13.1.1. the Lessor may, at its sole discretion, choose to take out optional civil liability insurance covering the amounts or amounts of the indemnity liability exemptions that were contractually granted to the customer.
13.1.2. - Protections do not consist of insurance, but an agreement offered by the Lessor to the Renter, whereby the Lessor, upon payment of a daily fee, which varies according to the chosen protection and the Vehicle group, assumes responsibility for payment of the values that exceed the co-payment limit established by the Lessee, provided that the specific conditions in the Lease Agreement are complied with.
CLAUSE VIII - TERMINATION
1. The contract will be considered automatically terminated by the Lessor, without prejudice to the collection of amounts, sums, fees, indemnities and fees arising from the Contract regardless of any judicial or extrajudicial notification, being lawful, without further formalities, to proceed with the resumption and collection of the vehicle, without giving the Lessee any right of retention or action of indemnity, reparation or compensatory nature, when:
1.1. The vehicle is not returned on the date, time and place previously set in the Statement;
1.2. Any accident occurs with the leased vehicle, regardless of the contracted risk coverage protections;
1.3. Inappropriate Use occurs in the car (under the terms established in this contract);
1.4. Seizure of the leased vehicle occurs by the competent authorities;
1.5. The Lessee does not settle its debts on the respective maturities;
2. The contract will also be terminated, by operation of law, in cases of non-compliance, by the Lessor or by the Lessee, User and/or Driver, of the contractual obligations established in this instrument, in which cases the specific penalties of this contract will incline.
CLAUSE IX - GENERAL PROVISIONS
1. The lessee agrees that his signature on the Car Rental Contract Statement implies the knowledge and full adherence by him, his heirs and/or successors to the clauses of this General Terms and Conditions of the Contract, of which he had wide access and recognition .
2. Any omission or delay by either party in demanding the fulfillment of any term or condition of this Agreement by the other party, or in exercising any right, prerogative or remedy provided herein, shall not constitute a novation or imply waiver of the future possibility of demanding the compliance with such term, condition, right, prerogative or remedy.
3. This Agreement may not be assigned or transferred in part or in its entirety to third parties by any of the parties, in any capacity.
4. The Lessor is not responsible for any objects or valuables left or forgotten in the rented car, as well as in its facilities.
CLAUSE X - VENUE
1. The competent jurisdiction to settle any disputes related to the Car Rental Agreement is the one of the Lessor's headquarters, with express waiver of any other, however privileged it may be. Recife, September 26, 2013.
FOCO ALUGUEL DE CARROS S/A
CNPJ: 07.730.797/0001-21
GENERAL TERMS
Clause 1 - General Conditions:
1.1 The Lessee assumes full civil and criminal liability arising from the use of the vehicle, exempting the Lessor from any damages or liabilities caused during the rental period;
1.2 Only the Lessee and Additional Driver may drive the vehicle, including prohibited sublease, under penalty of a fine corresponding to 10 times the lease value, immediate termination of the contract, in addition to other legal provisions of the contract and compensation for damages ;
1.3 The Lessee must ensure that their mailbox is receiving electronic messages correctly, in order to guarantee the receipt of messages, and Foco disclaims any responsibility in case the user's mailbox is full, defective, refuses to receive or for any otherwise you are blocked from receiving emails;
1.4 Foco reserves the right to restrict the number of vehicles that can be purchased by each customer.
1.5 If the return is made before the 30th day, a fee corresponding to the period used will be charged, which may be daily, weekly or biweekly.
1.6 In case the Car is returned after the period of 30 (thirty) days of the rental package and before completing the next contractual cycle, the Monthly Rent rate will be calculated proportionally on the rates actually used, in force for the Renter at the time.
1.7 The Renter who returns the Car in a location other than the pick-up will be subject to the payment of the Return Fee according to the distance between the pick-up location and the pick-up location.
1.8 This lease is intended exclusively for the use of the Vehicle by the customer and/or other drivers specified in the Contract for private purposes, and its use for commercial purposes and/or in mobility applications, such as, but not limited to, is prohibited. Uber, 99 Pop, Cabify, Lady Driver and similar existing or to be created, as well as the use for purposes other than the specific destination contained in the Agreement, under penalty of loss of the Contracted Protection, without prejudice to the possibility of termination of the Agreement by rental company and payment, by the customer, of losses and damages that the rental company may have;
1.9 The payment by the Lessee of the Rental price corresponding to a minimum period of 30 (thirty) days, must be made at the time of withdrawal of the Car, and, for the subsequent months, always in advance, at least 24 (twenty and four) hours at the beginning of the new month of validity, without prejudice to the obligation to retain the amount of the Pre-authorization, cumulatively.
1.10 Failure to pay the amounts owed by the Lessee on the due dates will result in the application of a late payment fine of 10% (ten percent) on the amount due, interest of 1% (one percent) per month and monetary correction, without prejudice the indication of your name, as well as of the joint and several responsible for the Lease, in the record of defaulters of the credit protection and defense agencies.
1.11 All clauses of the general terms and conditions of the lease that were not expressly amended are maintained, and this amendment becomes an integral part of the contract as a single text
Clause 2 - Traffic Offenses
2.1 The Lessee will be exclusively and fully responsible for all fines imposed for administrative and/or traffic infractions during the period in which it is in possession of the Car until the date of its effective return to Foco, as well as undertakes to pay Foco. resulting fines and expenses, plus a fee of R$49.90 for infringement as an administration fee, expressly authorizing Foco to make this charge by debiting the credit card used in the lease, or in case of failure, by means of a bank slip bank and/or invoices.
2.2 In addition to the responsibility for traffic fines and expenses arising from any seizure of the Car, the Renter and/or Additional Driver are exclusively and fully responsible for any injuries arising from the non-acceptance by the traffic authorities of their appointment as the driver of the Car, due to the lack of signature in an instrument extending the lease or because the signature on the Contract is not the same as that of your National Driver's License (CNH).
Clause 3 - Return or renewal:
3.1 It is mandatory to appear at the vehicle pick-up location on the date and time stipulated in the rental agreement, to return or renew the rental.
3.2 The tolerance for returning the vehicle is up to twenty-four hours after the time stipulated in the contract. Failure to appear within the aforementioned period will result in a fine of one daily rate per day of delay.
3.3 Failure to appear within the deadline may be considered as misappropriation of the vehicle and will give the rental company the right to use all legal means to recover the vehicle, such as: vehicle blocking, filing a criminal complaint with a police authority, actions of repossession and search and seizure, other means not mentioned in this clause may be used, the client being responsible for all legal and/or extrajudicial expenses arising from attempts to recover the vehicle.
3.4 If the lessee is interested in renewing the lease, he must make a new reservation at the Lessor's Call Center, at least 2 working days before the scheduled return date.
Clause 4 - Payment conditions:
4.1 The payment of the amount of the first monthly fee and the blocking of the security deposit must be carried out when the vehicle is picked up.
4.2 Automatic charging to the registered credit card is authorized in case of monthly payments, extra expenses, such as additional mileage and any damage caused to the vehicle or fixed and optional equipment, found in the inspection.
Clause 5 - Vehicle review
5.1 Foco is responsible for the costs of preventive and corrective maintenance of the Car, except for the costs of fuel, repairs to accessories and pneumatics, windows, flashlights, mirrors, washing, lubrication, expenses resulting from accidents, damages caused to the Car, among others, except for any Contracted Protection, provided that, in the case of corrective maintenance, this has not been caused by Misuse or Misuse, by the Lessee and/or Additional Driver.
5.2 The Lessee must keep the Car in the same condition in which it was delivered, observing the recommendations of the manufacturer and Foco, in relation to maintenance and revisions due to mileage, also observing the need for periodic maintenance of water levels and oil, especially when using the Car for long distances and/or in situations of use that require such attention, communicating to Foco about the possible need to replace the Car, especially when 500 km (five hundred kilometers) are missing for the next inspection indicated in the Manufacturer/Owner's Manual.
5.3 Each manufacturer determines a deadline or mileage for revisions. This information can be found in the Manufacturer's Manual located in the glove compartment of your car. The lessee/customer is solely responsible for monitoring the mileage recommended by the manufacturer for review. Check the revision table and respect the limits specified by the assembler. If the mileage approaches these limits, call the Foco Call Center and schedule a review at one of our registered suppliers. Oil changes are carried out when the cars are overhauled.
5.4 If the Lessee does not make the Car available for replacement or overhaul by Foco, pursuant to items 5.2 and 5.3 above and, because of this fact, the Car loses the manufacturer's warranty, the Lessee will be responsible for all charges arising from the loss of warranty of the Car, in addition to the payment of a fine in the amount of 10% (ten percent) of the value of the Car, according to the FIPE table of the month in which the loss of warranty is set.
Clause 6 - Default:
6.1 Any financial pending with the lessor by the lessee will be characterized as default and may include the following measures:
a) Automatic contract termination;
b) Extrajudicial and/or Judicial collection;
c) Inclusion of the lessee's CPF in credit protection agencies;
d) Blocking the renewal of contracts, until all debts are settled and a new credit analysis takes place;
e) Immediate return of the vehicle, if it is still in the lessee's possession.
6.2 Any costs due to default, collection, blocking and recovery of the vehicle will be passed on to the lessee.
Clause 7 - Vehicle blocking:
7.1 Vehicle lock may be performed in the following cases:
a) Default;
b) The lessee does not attend the closing inspection and/or contract renewal;
c) Misappropriation;
d) Termination of the contract for any reason;
e) Theft or theft;
f) Lack of contact between the rental company and the lessee by phone or email, after identifying non-compliance with contractual rules.
7.2 Any cost related to the blocking and recovery of the vehicle will be the responsibility of the lessee, except in case of theft or robbery.
7.3 Daily rates will be charged until the vehicle return date to the Rental unit, specified in the rental agreement.
7.4 The lessee declares to be aware and agree that if the vehicle is not returned or located, it will be characterized as misappropriation.
7.5 The lessee declares to be aware and agree that the vehicle has tracking equipment and that he may be held responsible for violation or damage caused to the equipment.
7.6 If the vehicle is blocked in a closed or difficult to access place, such as parking, garage, among others, the lessee, from now on, allows the removal of the vehicle.