Terms and conditions

The purpose of this car rental agreement without driver (“Agreement”), concluded under Decree-Law no. 181/2012 of August 6, as currently amended, is governed by these General Conditions, the Particular Conditions described on Page 1, and the respective annexes and reports that form an integral part hereof.

1. Reservations, agreement, and object

1.1 Reservations are made by vehicle category. GAR105 rents to the customer (“Renter”) identified in the Particular Conditions the motor vehicle described therein, and may provide an equivalent or higher category vehicle at no additional cost.

1.2 Making a reservation on the website or signing the Agreement implies full acceptance of these Terms and Conditions.

1.3 GAR105 reserves the right to refuse rental if sufficient guarantees of compliance, identity, or legal driving qualification are not provided.

1.4 The contracting of SCDW (Super Collision Damage Waiver) coverage is mandatory for the validation of the rental, and its respective daily cost is detailed in the Particular Conditions (Page 1), with its application governed under the terms, limits, and exclusions set forth in these General Conditions.

2. Drivers and use

2.1 The vehicle may only be driven by the Renter and by additional drivers duly authorized in the agreement and qualified, in accordance with the rates in the Price List.

2.2 The minimum age for driving GAR105 vehicles is 19 years old. Drivers (whether Renters or additional drivers) between the ages of 19 and 25 inclusive, duly identified by a valid official identification document and driving license, will be subject to the daily Young Driver rate set forth in the Price List and Fees.

2.3 The vehicle is intended for normal use on the Island of Madeira. Use by unauthorized persons, for unlawful purposes, speed tests, unauthorized towing, or off-road driving (beaches, trails, and unpaved roads) is prohibited, and these situations are excluded from SCDW.

2.4 The Renter must drive prudently, comply with the Highway Code, and immediately report any anomaly in the vehicle.

3. Condition, fuel, charging, and cleaning

3.1 The car is delivered in good condition, and existing damages are recorded upon Delivery. The customer must check and immediately report any defect before starting to drive.

3.2 The vehicle, keys, documents, and extras must be returned in the same condition. Smoking inside is prohibited. Extraordinary cleaning due to extreme dirt, animal hair, or odours has a fixed cost of €120.00.

3.3 Fuel Policy: The vehicle must be returned with the same fuel level verified at the time of delivery. In case of non-compliance with this equivalent return rule, a fixed Refuelling Service Fee of €20.00 will be charged, plus the cost of the required litres of fuel to match the departure level, calculated at the maximum legal retail price in force in the Autonomous Region of Madeira (RAM) on the date of return.

3.4 Electric Vehicles (EV): The vehicle must be returned with a battery charge level equal to or higher than that verified at the time of delivery. If the vehicle is returned with a charge level lower than that of departure, a fixed Recharging Service Fee of €40.00 will be charged, plus the cost of energy corresponding to the missing percentage, calculated at a fixed value of €0.80 for each 1% missing, up to a maximum combined total limit of €150.00 per rental.

4. Cancellations, payments, and infringements

4.1 Cancellations made at least 48 hours prior to pick-up are entitled to a full refund. After this period or in case of a no-show, a voucher valid for 18 months will be issued. If the cancellation results from proven force majeure (cancelled flight or severe weather), the refund will always be full.

4.2 Payment can be made in cash, bank transfer, MB WAY, or Visa/Mastercard credit or debit cards. The Renter is solely responsible for traffic fines, penalties, and parking fees incurred.

4.3 GDPR: The Renter expressly authorizes GAR105 to transmit their personal data to public authorities (Police, Courts, IMT, and AMT) for the purpose of identifying traffic contraventions.

5. Accidents, exclusions, and roadside assistance

5.1 Accidents or breakdowns must be reported immediately. In the event of an accident, the customer must call the authorities (112) and fill out the Friendly Accident Declaration. Repairs or towing on the customer's own initiative require prior agreement from GAR105.

5.2 Roadside assistance is free of charge in the event of a mechanical breakdown inherent to the vehicle.

5.3 False Assistance: If the physical dispatch of GAR105 results from a customer error, keys locked inside, negligence (e.g., dead battery due to forgotten lights), or a request for unnecessary physical support to fill out accident documentation, a fee of €1.50 per kilometre will be charged, calculated based on the total round-trip distance travelled from the Lessor's premises.

5.4 In accordance with the legislation, the rental includes compulsory third-party liability insurance and compulsory SCDW (Super Collision Damage Waiver) protection coverage. This coverage reduces the Renter's liability for accidental damage to the vehicle to the value of €0.00 (zero excess), excluding damage caused by wilful misconduct or negligence.

5.5 Gross Negligence: In the event of exclusion from the SCDW coverage due to wilful misconduct or gross negligence (such as driving under the influence of alcohol/narcotics, mechanical negligence, incorrect fuel, or off-road driving), the Renter ceases to be entitled to the zero excess and shall be fully liable for the actual total value of the damages and vehicle immobilization, with the fixed value of €1,500.00 set forth in the Price List serving as the maximum civil liability limit applicable only to situations of simple negligence not covered by the protection.

6. Return, late inspection, and disputes

6.1 The vehicle must be returned on the date, time, and location stipulated in the Particular Conditions. Early returns do not entitle the Renter to a refund for unused rental days. Any extension of the rental period requires prior authorization from GAR105 and the conclusion of a new contract or renewal of the current one before its expiration. For returns scheduled outside business hours (between 8PM and 8AM), a maximum tolerance period of 15 minutes from the contracted time will apply; after this period, for reasons attributable to the Renter, a late fee of a fixed value of €40.00 per occurrence will be charged as compensation for the immobilization of human resources.

6.2 Late Inspection: If the vehicle is returned dirty, with a lack of natural light, or if the customer does not accompany the verification, GAR105 will perform a detailed inspection within the following 48 hours, sending the report with photographic evidence electronically, and the customer has 15 days to dispute it.

6.3 Belongings and Connectivity: GAR105 is not responsible for objects left in the vehicle. The Renter declares to be informed and authorizes that vehicles equipped with factory native systems utilize connectivity data exclusively for assistance and security purposes.

6.4 The contract is governed by Portuguese law. In the event of a consumer dispute, the customer may resort to the Consumer Arbitration Center of the Autonomous Region of Madeira (CACC RAM: Rua da Alfândega, no. 42, 2nd floor, Funchal — caccram@madeira.gov.pt). In case of discrepancy between language versions, the Portuguese version shall prevail.

7. Price list & fees

• Regional fee (combustion/hybrid): €2.00/day (max. €20.00/rental)
• Regional fee (100% electric/EV): €1.00/day (max. €10.00/rental)
• Young Driver fee (19-25 years): €10.00/day
• Additional Driver fee: €10.00/day
• Roof bars for surfboards: €5.00/day
• Delivery/collection outside premises: Free in Santa Cruz / Up to €80.00 (depending on location)
• Out-of-hours service fee: €40.00
• Late return outside business hours: €40.00/occurrence (after 15 min. tolerance)
• Missing fuel: €20.00 Service Fee + cost of missing liters (Official price in RAM)
• EV recharging fee: €40.00 Service Fee + €0.80 per 1% missing (max. €150.00/rental)
• Extraordinary cleaning/Sanitization: €120.00
• False Assistance/Negligence dispatch: €1.50/km (round-trip from premises)
• Traffic fine administration: €40.00/infraction
• General Accident Franchise: €0.00 (Included in SCDW)
• Maximum Liability for Negligence/Exclusion: €1,500.00