Terms

RENTAL TERMS AND CONDITIONS

Madeira Happiness – JungleSecrets LDA (hereinafter referred to as "Locadora" or "Madeira Happiness"), with its registered office at Rua da Alegria no25, 2o Esq., 9000-040 Funchal, rents to the indentified person(s)in the Rental Agreement (hereinafter referred to as the "Renter") the two-wheeled vehicle described there in (hereinafter referred to as the "Vehicle"), in accordance with the terms and conditions specified below, as well as in any annexes thereto, which the Lessor acknowledges, agrees and, with its signature, undertakes to observe and respect.

ARTICLE 1. PRIOR RENTAL CONDITIONS

1.1 Age and category of driving license

The driver must have a valid driver's license for the motorcycle of size and power for which it is proposed to rent.

An information table on the categories of driving licenses in Portugal is available at the service desk.

1.2 Reservations

Madeira Happiness must provide the vehicle reserved for the rental period. If, for reasons of force majeure, Madeira Happiness is unable to provide the reserved model, another equivalent can replace the reserved model. If the replacement is made by a lower rate model than the one initially booked by the customer, Madeira Happiness will refund the difference in rates. If the replacement vehicle rate is higher than the vehicle initially booked by the customer, this difference will be borne by Madeira Happiness.

1.3 Pickup and delivery of the vehicle

The collection and delivery of the vehicle must be done at the address, day and time specified in the particular conditions of the vehicle rental contract.

If the customer intends to extend the rental period, he must inform Madeira Happiness at least 24 hours in advance. Depending on the availability of the fleet, Madeira Happiness may or may not authorize the extension of the rental period.

If the extension of the rental period is not requested and the vehicle is not returned to the address, date and time stipulated in the rental agreement, it will be considered illegal use of the vehicle and this fact will be reported to the Portuguese authorities.

ARTICLE 2. RESPONSIBILITIES

2.1 Responsibilities of Madeira Happiness

Madeira Happiness must deliver the vehicle in a good state of conservation and maintenance and in safe conditions of

circulation. The customer must receive all vehicle documentation (single driving document, green insurance card and friendly declaration) as well as the contracted accessories.

2.2 Lessee's Responsibilities

2.2.1 Renter agrees to use and drive the Vehicle in accordance with basic driving and traffic rules and in accordance with the Vehicle's usage specifications.

2.2.2 The Renter agrees not to use the Vehicle and/or not to allow it to be used in the following situations:

• a) Driving on unpaved or unauthorized roads, or whose condition may pose a risk to the Vehicle;

• b) Transport of passengers on behalf of others or against payment;

• c) Pushing or towing any vehicle or any other object, rolling or not;

• d) Participate in competitions or sporting events, official or not;

• e) Resistance tests of materials, accessories or products for the Vehicle (unless authorized by the Lessor);

• f) Driving by persons under the influence of alcohol, narcotics, other intoxicating substances or any other substance (legal or illegal) that directly or indirectly reduces their ability to react;

• g) Transport of flammable and/or dangerous, toxic, harmful and/or radioactive goods, which violate the applicable legal provisions, as well as the transport of goods with a weight, quantity and/or volume that exceeds what is authorized by law or by the Document Single Car;

• h) Transport of passengers in excess of the authorized number, as stated in the Single Vehicle Document;

• i) Transport of live animals (except pets, provided that previously authorized by the Lessor);

• j) With luggage support or similar, in addition to that provided by the Lessor.

2.2.3 Only the person or persons identified and accepted by Madeira Happiness in the Rental Agreement are authorized to drive the Vehicle and provided that they carry valid identification documents (national identification or passport) and proper driving licence.

Only the following valid driving titles in Portugal will be considered:

a) Issued in accordance with Portuguese legislation;

b) Issued by the Member States of the European Union, in accordance with Community rules;

c) Issued by other countries or international character that have been recognized as valid, in order to allow driving in Portugal.

However, such authorizations must be in force and must have fulfilled a minimum period of three years from the date of issue.

If, in accordance with the legal provisions in force, the Renter fails to fulfill his obligation to identify the driver of the Vehicle, it is impossible to make such identification or an incorrect identification of the driver has been made, the Renter is responsible for paying any fine, fine or penalty that the Lessor may incur and for any and all infractions committed during the rental period.

2.2.4 The Lessee undertakes to keep the Vehicle closed and its handlebars locked when it is not being used and to keep the respective documents inside, as well as to protect and safeguard, at all times, the keys Vehicle, taking appropriate measures to prevent theft or theft.

2.2.5 The Lessee is prohibited from assigning, sub-renting, pawning, selling or in any way giving as guarantee the Rental Agreement, the Vehicle, its keys, the respective documentation, the equipment, tools and accessories of the Vehicle. or any part or parts. The Lessee is still prohibited from treating the aforementioned in a way that may cause damage to the Lessor.

2.2.6 When any of the lights that detect a malfunction of the Vehicle come on on the instrument panel, or when external signs that indicate a failure or malfunction of the same are noticed, the Renter must stop the Vehicle as soon as possible and contact the Lessor and/or the assistance service indicated in the Rental contract, being able to carry out repairs only if you obtain the prior and express consent of the Lessor and always in accordance with the instructions given.

2.2.7 It is not permitted to transport the Vehicle on board any ship, train, truck or plane (unless expressly authorized in writing by the Lessor).

2.2.8 It is not allowed to use the Vehicle inside premises such as ports, airports, airfields or similar or similar places, not accessible to public transit, unless authorized in writing by the Lessor. In the event that the Lessor gives its agreement to the Lessee, in accordance with the above, the Lessor must inform the Lessee about the Civil Liability insurance coverage conditions that are applicable to such situations.

2.2.9 The Lessee is liable to the Lessor for all damages that result from the failure to comply with any of the obligations contained in this article and/or from a use other than that agreed, with optional insurance and any additional services contracted still void. . Such facts also give the Lessor the right to terminate the Rental Agreement and demand, without prior notification, the immediate return of the Vehicle, as well as the right to bill and collect the amounts that comply with article 5 of these Terms and Conditions.

ARTICLE 3. VEHICLE CONDITION

3.1 Both on delivery and return of the Vehicle, the Lessor and the Lessee will include in the Rental Agreement any small visible damage to the Vehicle, in accordance with the list of damages and average repair costs that is available at the rental station and that the Lessee declares to know.

When the Vehicle is collected from Madeira Happiness, the Renter must sign, among others, a section in the Rental Agreement that describes the condition of the Vehicle at that time.

The Lessor must deliver the Vehicle to the Lessee in apparent good external, working and clean condition. Upon return of the Vehicle, any new damage must be identified in the Rental Agreement, which must be signed by the Lessor and Lessee. Whenever possible, the repair of the new damage will be charged to the Lessee at the repair price shown in the list available at the respective Lessor's desk.

The repair price will be billed directly to the Lessee by the Lessor under the terms set out in article 5.1 of these Terms and Conditions.

3.2 In the event of deterioration and/or loss of any of the tires (for reasons other than normal wear, incorrect installation, or manufacturing defect) the Lessee agrees to immediately replace it, at its own expense, with another tire of identical characteristics. and of the same make and model, unless such deterioration and/or loss is the result of a traffic accident, theft, or vandalism, in which case the provisions of article 7 of these Terms and Conditions will apply.

3.3 The Renter is prohibited from altering the appearance or any technical characteristic of the Vehicle, its keys, equipment, tools or accessories. In case of violation of this article, Renter must bear the costs of reconditioning the Vehicle to its original condition.

ARTICLE 4. PRICE, TERM AND EXTENSION OF THE RENTAL

4.1 The rental price is established according to the price list in force (with regard to services, taxes and insurance and/or optional exemptions) and the price agreed with the Lessee at the time of the rental, according to the selected rate. posted at the establishment.

4.2 The rental price includes the cost of mandatory Vehicle Liability Insurance and related taxes. This price does not include the costs of insurance and optional coverage regulated under the terms of article 7 of these Terms and Conditions, and the respective price/cost will be charged to the Lessee and will be added to the rental value.

4.3 Under no circumstances may the amount paid as a deposit or guarantee at the beginning of the rental be used for an extension of the same. If the Lessee intends to keep the Vehicle and exceeds the rental period initially contracted, he must, for this purpose, obtain the authorization of the Lessor in advance, and must also immediately pay the amount of the additional rental necessary for such extension, which is shown in the table prices in force.

4.4 The Lessee undertakes to return the Vehicle to the Lessor on the scheduled date and time and at the place agreed in the Rental Agreement. Returning the Vehicle to a different place or date than initially agreed may result in costs or changes to the rental price. The rental is only considered concluded when the Vehicle and the respective keys are received by the Lessor.

Article 5. PAYMENTS

5.1 The Lessee will pay the Lessor:

5.1.1 The price agreed in the Rental Agreement, which will take into account the rental time, insurance, additional equipment and services, as well as applicable taxes and fees.

5.1.2 The services that the Lessor has to perform because of incidents that may have occurred during the rental period and/or due to the way in which the Lessee used the Vehicle. The value of these services or expenses are listed in the cost table that is available when picking up the Vehicle. In any case, the maximum liability of the Lessee will not exceed the value of the vehicle, identified in the corresponding maximum deductible.

Such services and expenses include, without limitation:

• a) The amount of damage and/or theft suffered, in whole or in part, by the Vehicle, not covered by the optional coverage (see articles 7 and 8 below) contracted by the Lessee, or when the coverage applicable to the case has not been contracted by the Lessee, as well as the damages and losses resulting therefrom, in the event of non-compliance with article 2 of these Terms and Conditions.

• b) The amount to be charged to the Lessee for damage caused to the Vehicle must be calculated according to the respective parts price list, which is available to the Lessee at the Madeira Happiness station.

• c) The amount of transport and/or repair of damages caused by the use of inappropriate fuels for the Vehicle, in violation of the provisions of article 9 of these Terms and Conditions.

5.2 The Lessee is also responsible for paying:

• a) The amount corresponding to any fines in case of violation of applicable legislation, especially the Highway Code, made by the Lessee, as well as the charges resulting from any delays in payments and also the judicial and extrajudicial expenses incurred by the Lessor as result of the aforementioned.

• b) The costs of obtaining a duplicate and/or sending the set of Vehicle keys to the corresponding station, in case of loss, delivery of the Vehicle keys at a station other than the one where the Vehicle was actually returned. , or any other situation in which the Vehicle stops for reasons attributable to the Renter.

• d) The amount of € 20, plus VAT at the applicable legal rate, in case the Lessee returns the Vehicle without the respective documentation (certified copy of the Documento Único Automóvel and insurance).

• e) Up to a maximum amount of €50, plus VAT at the applicable legal rate, for the administrative costs resulting from the management of fines proceedings. This amount is due for each process instructed by the competent authority in relation to the Vehicle during the rental period (and is additional to the value of the fines to which they refer, amounts that must always be borne by the Lessee.

f) The costs resulting from cases in which the travel assistance company hired by the Lessor has been used during the rental period to resolve incidents related to: (i) error, negligence, or misuse of the Vehicle by the Lessee, ( ii) loss or theft of keys, (iii) lack of fuel or refueling with inadequate fuel, and (iv) rescue of the Vehicle from places unsuitable for its circulation, or on dirt roads.

• g) The amount corresponding to the missing fuel, if the Lessee does not return the Vehicle with a full fuel tank or with the same amount of fuel with which it was delivered, which will be measured according to its price in force at the time of return.

• h) Payment method: Payment by the Lessee to the Lessor of the amounts indicated in article 5 above must be made by credit/debit card, cash or vouchers.

5.3 Security deposit at the beginning of the rental: In any case, the Lessee is obliged to deliver to the Lessor, before the rental of the Vehicle, a deposit in the amount corresponding to the type of Vehicle and in accordance with the table available to the Lessee. at the rental station, which aims to guarantee the Lessee's payment obligations. This deposit can be paid by the Lessee using a credit card accepted by the Lessor or in cash.

Notwithstanding the above, if the payment method chosen by the Lessee to pay the rental is the Credit Card, the Lessor will request, before the start of the rental, an authorization from the credit card issuer for the amount that will be given in deposit. to guarantee payment obligations. This amount will be made available, at the Lessor's request, at the time of rental. Upon return of the Vehicle, the amount invoiced to the Lessee for the rental of the Vehicle, as well as, if and to the extent applicable, the remaining amounts indicated in above, will be charged to the credit card provided by the Renter if no other means of payment are presented. 

At that moment, the authorization requested from the issuing entity at the beginning of the rental will be void. In cases where the Renter has chosen cash as a method of payment, after the Vehicle is returned, and, consequently, after the end of the Rental Agreement, the amount paid as a deposit will be returned to the Renter after the settlement of the services provided for the Vehicle rental, and once compliance with the payment obligations assumed by the Lessee has been verified.

ARTICLE 6. CIVIL LIABILITY INSURANCE

6.1 The rental fees automatically include insurance covering civil liability towards third parties, in accordance with the law.

6.2 These coverages are guaranteed and assumed by the insurance company with which the Lessor, or, if applicable, the owner of the Vehicle, has subscribed to the respective insurance policy and are subject to the provisions of the law and the respective insurance contract.

6.3 By signing the Rental Agreement, the Renter agrees to be bound by said policy.

6.4 This policy does not cover any damage, loss or any other loss suffered in luggage, goods, or personal objects carried in the Vehicle, or the loss or damage, in whole or in part, of the Vehicle due to theft, vandalism or a road accident.

ARTICLE 7. OPTIONAL COVERAGES

7.1 CDW (Collision Damage Waiver)

• a) CDW is an optional service provided directly by the Lessor, which exempts the Lessee (with the exception of

amount of the deductible), upon its contract, of the financial responsibility for the damages caused to the Vehicle, resulting from a road accident, excluding situations of vandalism.

• b) Failure to contract CDW implies the Hirer's financial responsibility for damages caused to the Vehicle, in accordance with the provisions of article 5.1.2 of these Terms and Conditions.

• c) The CDW is only applicable if the Lessee presents the Friendly Declaration of Auto Accident (DAAA) related to the accident, duly completed, which contains the data of the vehicles and drivers involved and the conditions and circumstances in which it occurred.

7.2 CDW Coverages: Specifications.

• a) The price list in force establishes the minimum amount to be borne by the Lessee (deductible) for damages or losses caused to the Vehicle, which is not covered by the CDW.

• b) The CDW does not cover, in any case, damage to the Vehicle, regardless of its category, that occurs as a result of its driving when it is overloaded, above the authorized limit (under the terms of the Single Vehicle Document and/or the Specifications Vehicle Techniques), in places such as beaches, unsuitable roads, forest paths, mountains, etc., which are not paved and authorized roads; damage from bumps against rocks or any other objects and holes in the road; and damage to wheels and tires from parking manoeuvres. The CDW also does not cover damage to the Vehicle due to flooding or the like when the Vehicle is parked in areas such as streams, ravines, or unpaved waterways, and in any case when the Vehicle is not properly parked on paved areas. specifically intended for parking vehicles.

• c) CDW coverage is not applicable in the event of the Lessee's failure to comply with these Terms and Conditions and, in particular, in the event of non-compliance with the provisions of article 1.1, when the accident occurs because the Lessee has not respected the traffic signs , namely STOP, priority, red lights, oncoming traffic, or because the safety distance between vehicles has not been respected.

• d) CDW coverage does not apply in the event that the cost of repairing damage or partial theft is less than, or equal to, the deductible established in the price list in force for each class and/or group of Vehicle, in which case that the cost, up to the limit of the deductible, will always be borne by the Lessee.

• e) CDW coverage does not apply if the Lessee does not deliver the Friendly Declaration of Motor Accident to the Lessor duly completed and signed and, within a maximum period of 24 hours from the date on which the accident occurred, except in situations of force duly justified and, in any case, always before the end of the Vehicle rental period.

• f) The CDW does not cover, in any case, loss, theft, or damage related to objects and goods, including luggage, transported, stored or deposited in the Vehicle by the Renter, or by any occupant thereof.

• g) When, in accordance with these Terms and Conditions, CDW coverage is not applicable, the Renter is responsible for paying for all repairs to be carried out on the Vehicle, in accordance with the provisions of paragraph 5.1.2 b) above.

ARTICLE 8. MAINTENANCE AND REPAIR

8.1 Mechanical wear and tear resulting from normal use of the Vehicle is borne by the Lessor. If the Vehicle is immobilized due to mechanical damage, the Lessee must contact the Lessor or the travel assistance service indicated in the Rental Agreement. Repairs carried out by the aforementioned assistance company will only be accepted in urgent cases and when the Lessor has given its express authorization.

8.2 The Lessee must periodically check and, if necessary, replace the engine fluid levels every 500 km traveled. The respective amount paid by the Lessee will be deducted from the final rental price whenever the Lessee presents an invoice.

8.3 The Lessee is not authorized to order the repair of the Vehicle, except with the express authorization of the Lessor. In this case, the Lessee must present a detailed invoice for the repair carried out.

8.4 In the event that the rental is for a period longer than one month, the Lessee must take the Vehicle to the Lessor every 30 days for a routine inspection, at the place where the return of the Vehicle was agreed.

ARTICLE 9. FUELS

9.1 The fuel consumed by the Vehicle during the rental period is borne by the Lessee.

9.2 Renter must refuel the Vehicle with the type of fuel indicated for the vehicle. If replenishment is not the

indicated or contain foreign components, the Renter will be responsible for the costs incurred with the transport and/or repair of the damages caused to the Vehicle.

9.3 Renter will return the Vehicle with a full fuel tank or with the same amount of fuel with which it was delivered. Otherwise, the amount will be charged as described in article 5.2 g) above.

ARTICLE 10. AMENDMENTS TO THE RENTAL AGREEMENT

These Terms and Conditions, as well as the remaining clauses of the Rental Agreement can only be modified by written agreement signed by both parties.

ARTICLE 11. PROTECTION OF PERSONAL DATA

Madeira Happiness may use any personal information that has been provided, including the data of any authorized driver, for the purpose of providing rental services, namely to verify identity, to collect values, monitor fraud and manage any situations before, during and after the rental period. Madeira Happiness may provide the Lessee's personal data contained in the Rental Agreement, and details of the performance of the obligations covered by it, to third parties, such as police authorities, toll collection entities, credit recovery entities ( including lawyers) and any other relevant organization.

Madeira Happiness collects and processes data for the purpose of providing the Lessee with vehicle rental services and for marketing purposes, such as promotions and for the purposes of the customer loyalty program. The Lessee will be informed of any personal information that must be collected by Madeira Happiness. The recipients of such data will only be the companies that integrate the Madeira Happiness brand.

Under these terms, the Lessee has the right to access, rectify and delete any data concerning him. You can exercise this right by accessing madeirahappines@gmail.com

We inform you that, in order to prevent associated risks, Madeira Happiness may decline the rental of Vehicles to people who do not offer guarantees of compliance with the contract. We also inform you that the Renter's personal data may be notified to the police authorities, at their request, in case of transgression of the Highway Code and/or for the practice of any crime perpetrated during the Renter's rental.

By accepting these Terms and Conditions, the Lessee expressly acknowledges having given its explicit consent to the aforementioned privacy policy.

ARTICLE 12. APPLICABLE LAW AND JURISDICTION

12.1 In case of dispute between the Lessee and the Lessor, it will be governed in accordance with the laws of Portugal.

12.2 Unless otherwise provided by law, the parties agree to establish the jurisdiction of the district of Funchal to settle any conflicts arising from the contract, with the express exclusion of any other.