PUBLIC AGREEMENT FOR THE RENTAL OF MOTOR VEHICLES AND OTHER AGREEMENTS
The material aims to present the general conditions for the rental to customers of products offered by Hertz, as well as display the full text of the Public Contract Agreement for the Rental of Motor Vehicles and Other Agreements, a document filed in the 9th Registry of Deeds and Documents and Civil Registry of Legal Entities, which contains rights and obligations of the Lessor and the Lessee in the rental relations system of Hertz vehicles.
Motor vehicle rentals are ruled by CAR LEASE PUBLIC CONTRACT AUTOMOTIVE AND OTHER AGREEMENTS, whose purpose is mainly to establish the rights and obligations of the LESSEE and LESSOR and define the conditions of use of vehicles, accessories and equipment, which will be delivered in perfect working conditions, maintenance and security to the Lessee, noting the TERM OF INSPECTION descriptions prepared by the LESSOR.
The LESSEE must be aware of vehicle rental conditions that are presented by attendants at the counters of HERTZ Locations or any other employee.
These conditions can be accessed on the website www.hertz.com.br and are included in the documentation of the kit delivered with the vehicle consisting of the RENTAL AGREEMENT, of the PUBLIC AGREEMENT OF VEHICLE RENTAL AND OTHER AGREEMENTS and the delivery TERM OF INSPECTION of the vehicle.
Also, it should be considered the information contained in other documents provided by HERTZ, such as forms, information and / or tariff leaflets, trade agreements and proposals accepted, special conditions for rental vehicles for specific legal entity, and HERTZ – A.R. ACCIDENT REPORT, when applicable, which at the signature by the parties and/or their representatives become part of the leasing relationship between them.
The LESSEE must comply with conditions of use of the market it- vehicle, according to the purposes set out in the manufacturer's manual and the vehicle documentation, and the lease conditions set out in the accompanying literature, especially PUBLIC CONTRACT FOR LEASE OF AUTOMOTIVE VEHICLES AND OTHER AGREEMENTS, being jointly and severally liable with third drivers to pay all daily used, fees, fines and charges, and is responsible for loss or damage not covered by cover eventually hired.
The negligent use, recklessness, malpractice or misuse, may at any time be characterized as grounds for termination of tenancy, independent of any judicial or extrajudicial notification, without prejudice to the right of LOCADORA proceed with the reintegration of ownership of the leased vehicle.
The Summary Table below aims to inform the Lessee of the main conditions of the lease and possess merely illustrated trative character, without ruling out the need for full read and understand the entire contents of the Public Rental Agreement and Other Covenants by the LESSEE and other lease-related documents.
- Rental Agreement - RA
- Public Agreement For The Rental Of Motor Vehicles And Other Agreements
- Information and / or fees leaflets
- Agreements / Accepted Commercial Proposals (Special Conditions for Renting Vehicles Specific for Legal Entities)
- Hertz Accident Report – A.R. .
- Term of Inspection (Check List) and/or any Hertz form
Accident - Casual, fortuitous, unexpected event, any event, unpleasant or unhappy, involving damage, loss, suffering or death.
Collision - Collision occurrence of the vehicle, which is visible deformation in its external physical structure.
Robbery - Vehicle subtraction through violence or serious threat. A theft will not be considered occurred in its attempted form.
Theft - Vehicle subtraction through violence or serious threat.
Fire - Combustion, spontaneous or not, of the vehicle, even partially.
Total Loss - Loss of the vehicle as a result of the occurrence of the events provided above, where the damages exceed the equivalent of 70% of the market value of the vehicle.
PUBLIC AGREEMENT FOR THE RENTAL OF MOTOR VEHICLES AND OTHER AGREEMENTS
By this Public Lease of Motor Vehicles and Other Agreements ("Agreement"), the Lessor and the Lessee, as defined herein, agree as follows:
VEHICLE SEIZURE is a penalty provided by the Brazilian Traffic Code, in order to deprive the owner and user of the possession and use of the vehicle for a period, which can vary according to the severity of the infraction. The seized vehicle will be collected in the deposit and will remain in custody and responsibility of the agency or entity that has seized it.
EMBEZZLEMENT occurs when THE LESSEE or USER appropriates or refuses to return the vehicle or equipment that belongs to the LESSOR, being the main feature the breach of conditions provided in the Rental Agreement and / or the Public Rental Agreement.
DAMAGE is damage to the vehicle that did not exist at its pick-up. , which may be on the outside, inside or below the vehicle, including, but not limited to, the engine, electrics or reshaping.
ADDITIONAL DRIVER(S) is (are) the individual(s) indicated by the LESSEE who may also drive the rented VEHICLE, having previously been qualified and approved by the LESSOR and properly identified in the RENTAL AGREEMENT - RA.
RENTAL AGREEMENT - RA is the document available to the LESSEE under the name "RENTAL AGREEMENT - RA", together with a true copy of the full content of this AGREEMENT establishing the contractors, the rented vehicle, prices, rental period and other contractual conditions under this agreement.
PUBLIC RENTAL AGREEMENT OF VEHICLES / AGREEMENT FOR THE RENTAL OF MOTOR VEHICLES AND OTHER AGREEMENTS is a document filed in the 9th Registry of Deeds and Documents and Civil Registry of Legal Entities, which contains rights and obligations of the Lessor and the Lessee in the lease relations system of Hertz vehicles.
EXPRESS RETURN is a service offered by the lessor that, when available, allows the return of the vehicle by the Lessee and / or User outside the opening hours of the Store / Location.
GPS is an abbreviation for Global Positioning System and means the device that uses the system of satellites and other devices to georeferencing and / or geopositioning, in order to guide drivers with regard to navigation, route and direction of the VEHICLE.
LESSOR is the entity identified in the Rental Agreement – RA and the only one to respond for the Agreement signed by it.
LESSEE is the legal entity or individual duly indicated in the VEHICLE Reserve and later identified in the RENTAL AGREEMENT - RA, as the responsible for the full compliance and observance of this Agreement and other documents related to the rental, as well as responsible for third drivers of the rented vehicle under its responsibility.
MISUSE is characterized by neglect or improper use by the driver, including but not limited to: drive faster than the permitted speed; damage the vehicle driving over holes, ditches, rocks, bumps and other obstacles; use the vehicle outside the conditions stipulated by the manufacturer, including weight or number of occupants; use inappropriately buttons, pedals or levers; driving while intoxicated or under the influence of substances which reduce the motor skills of the LESSEE; use the vehicle for illegal or not allowed purposes; drive or keep the vehicle in violation of the guidelines set out in this AGREEMENT and / or manual (s) provided by the vehicle manufacturer.
NO SHOW is the term that characterizes the non-attendance of the LESSEE to pick-up the vehicle at the pre-arranged location in up to an (01) hour after the reserved time. For cases in which the LESSEE informs on booking the flight number, the period of an (01) hour will be counted from the landing time. For both situations, the store opening hours should be respected.
PRE-APPROVAL corresponds to the blocked value, exclusively on the LESSEE credit card, enabled or disabled, or USER for warranty purposes of future payments, except in cases of foreigners whose payment is made in advance.
RENTAL PRICE comprises the daily fees, optional and contracted protections, overtime if applicable, return rates, administrative fees, additional driver fee, washing / cleaning fee, pick-up / return charges, GPS rental and special seat for children, as well as other fees specified in this AGREEMENT as tables available in the LESSOR stores and its website.
MANDATORY PARTICIPATION is the value defined by the LESSOR that the LESSEE must pay to the LESSOR by CLAIM, resulting in damage involving the rented vehicle, regardless of fault or the amount of damage.
HERTZ ACCIDENT REPORT – A.R. is Hertz form to be MANDATORILY filled whenever a Claim / Event occurs with the rented vehicle. It contains fields for information about the LESSEE, Vehicle, description details of the event occurred, and Third Party information if any. This form must be signed by the Lessee and / or User and the representative of the Lessor.
CLAIM refers to any event involving the rented vehicle, such as, but not limited to, collision, accident, theft, fire, explosion, flood, etc.
FUEL RATE is the rate charged from the LESSEE or USER when the vehicle is returned with less fuel than the amount identified in the Inspection Term at vehicle pick-up. This rate is set by the LESSOR and the LESSEE available at the time of rental, and its value is fixed per liter and measured every 1/8 of the vehicle's fuel tank. This fee includes the amount of fuel needed to complete the measured difference between the amount of fuel identified in the pick-up Inspection Agreement (pick-up) and in the vehicle return Inspection Agreement.
TERM OF INSPECTION is the form by which the parties identify the internal and external physical conditions of the vehicle as well as components and accessories that accompany. It is a Hertz form, whose identification name is Check List.
USER is, for legal purposes, the agent of the Legal Entity, indicated by it and jointly liable for the receipt, custody, conduct of the VEHICLE, contracting additional, signing of RENTAL AGREEMENT - RA, extending the term of the rental and returning the VEHICLE assuming the obligations and rights on behalf of the LESSEE.
VEHICLE is the land vehicle, indicated in the RENTAL AGREEMENT - RA as well as all the fixtures and fittings within it.
ADMINISTRATIVE FEES are the minimum percentage specified in the respective field of the RENTAL AGREEMENT - RA that levied on the daily fee (s), time, extra (s), km, surplus, additional services and protections contracted and other fees described as washing / cleaning fees, return rate, etc., to be adjusted in the RENTAL AGREEMENT - RA. This rate includes 24-hour mechanical and electrical support services, transfers, free calls to locations effected outside the State of São Paulo, and other applicable charges.
ADDITIONAL DRIVER FEE is the (daily) fee regarding the inclusion of other users, in addition to the primary user described in the RENTAL AGREEMENT - RA, limited to the total capacity of the rented vehicle, according to its manufacturer.
WASHING / HYGIENE RATE is the (one-time) rate that refers to the cleaning of the vehicle (where necessary) to return it in the original condition and appropriate for its delivery to the Lessee / User.
DELIVERY / RETURN FEES is the fee for the service of return or pick-up of the vehicle at the address and time previously agreed between the Lessee and the Lessor. This service is subject to the location availability and is exclusive to Enterprise Agreements and other Commercial Agreements provided in Proposals or Commercial Agreements between the Lessor and the Lessee.
RETURN FEE is the rate applied whenever the vehicle is returned in a City / Town different from the City / Town where the vehicle was rented / picked up. This rate is fixed at a certain amount multiplied by the distance (km) between Locations.
FUEL PURCHASE OPTION - FPO is a service offered by the LESSOR related to the prepayment of the fuel tank of the rented Vehicle, a fixed, non-daily amount properly indicated in the RENTAL AGREEMENT - RA. Once this service is hired, the LESSOR undertakes to fuel the vehicle when it returns to the LESSOR, and the LESSEE should not pay the FUEL FEE and only the FPO value specified in the RENTAL AGREEMENT. This service does not provide for reimbursement of the fuel remaining in the tank when the vehicle returns.
2. SUBJECT MATTER
2.1. This agreement aims at temporary rentals by the LESSOR to the LESSEE, within the Brazilian territory, of the VEHICLE specified in the RENTAL AGREEMENT - RA, and being in perfect conditions of use and security, as confirmed and accepted by the LESSEE and / or USER at the pick-up.
2.2. The RENTAL AGREEMENT - RA contains statements of LESSEE and / or USER agreeing unrestrictly and unconditionally with all the terms and conditions of this Agreement, as well as with the confession of having received a true copying with the full content of it.
3. RENTAL CONDITIONS AND LESSEE STATEMENTS
3.1. The LESSEE hereby declares that s/he has received from the LESSOR the VEHICLE and that, after having inspected it, s/he found that it is fully equipped and in perfect use conditions, clean and working properly, except for items specifically noted in the Terms of Inspection (pick-up CHECK LIST), committing to return it to the LESSOR in the same state and condition they received it, up to the final term of this agreement, only except for the tire wear resulting from normal use of the VEHICLE.
The LESSEE also agrees to sign the initial term of inspection (puck-up CHECK LIST), committing to make a new inspection (return CHECK LIST) at the return of the vehicle along with the LESSOR, and that, not doing so, the LESSEE agrees that the inspection will be carried out exclusively by the LESSOR, and the LESSEE may not subsequently question the inspection performed.
3.3. The LESSEE declares and recognizes that it is essential for the rental of the VEHICLE, with the LESSOR, that the LESSEE:
a) is at least 21 (twenty-one) years old; b) Possess a driver's license for at least one (1) year from the date of the signature if the RENTAL AGREEMENT - RA (mandatory requirement); c) their driver's license is valid and that the estimated time to return the VEHICLE occurs until the document's expiration date. It’s important to note that, although permitted by law, the LESSOR does not consider, for the purpose of vehicle RENTAL, the period of 30 days after the expiration of the driver's license for renewal, whichever the due date appearing on Enabling document printed; d) Possess a valid credit card with a limit for PRE-APPROVAL; e) Ensure the LESSOR that they are not personally prohibited or prevented, even temporarily, from driving the VEHICLE indicated in the RENTAL AGREEMENT - RA, or any other, and that it is true that the LESSEE is actually entitled to drive under the law. The LESSEE also declares to know that the traffic rules in force and applicable within the Brazilian territory, taking responsibility for respecting and enforcing them and ensuring the proper and correct use of the VEHICLE.
3.4. The LESSEE under the age of 21 (twenty-one) years and over nineteen (19) years, meeting all other requirements in Clause 3.3 above, can rent a VEHICLE from the LESSOR upon payment of an additional daily fee, whose value will be specified in the RENTAL AGREEMENT - RA as "UNDER21", given that rental for this LESSEE is limited to the categories of economic vehicles with 1.0 engine and no air conditioning up to intermediate vehicles with 1.4 engine and / or 1.6 with air conditioning.
3.5. Foreign LESSEES, meeting the provisions above, only can drive and sign the rental agreement if they present passport and a driving document valid in the country, according to the Brazilian legislation and other covenants and / or international agreements in which Brazil is a party, for a maximum of 180 (one hundred eighty) days from the date of entry in the country. Exceeded this period, if the VEHICLE is kept under their responsibility, they will be subject to the penalties provided in this agreement for events of VEHICLE seizure by the competent authorities, claims, loss coverage and other consequences. Foreign LESSEES will be financially responsible for all traffic violations that may be recorded during the rental period and that may result in NIC (notification for no indication of the driver) violations.
3.6. The credit card presented must be in the name of the LESSER, enabled or disabled, or the USER and they must have limit available for pre-authorization for warranty purposes of future payments arising from extra daily fees, damages, fines and etc. The amount required as pre-authorization varies according to the category of the VEHICLE, period and contracted protections.
The LESSER may indicate a driver regularly enabled to drive the VEHICLE, who will be qualified in the RENTAL AGREEMENT - RA in the respective field ADDITIONAL DRIVER, with a payment of an additional fee to the LESSOR, whose amount shall be specified in the RENTAL AGREEMENT - RA. The obligations under clauses 3.5, 3.6, 3.7 and 3.8 above shall apply to the additional DRIVER, given that the LESSER is responsible for himself/herself and for the additional DRIVER, to fulfill the terms established herein and the accuracy of any and all information to be provided to the LESSOR.
3.7. It is the LESSEE’s responsibility to take the additional DRIVER(S), with a maximum total capacity specified by the vehicle manufacturer, to the LESSOR store to provide a copy of their driver’s licenses, whose data will be entered into Hertz system after due checking and approval of the document by the LESSOR.
3.7.1. Regardless of the amount of additional drivers indicated by the LESSEE for the purpose of driver indicated in case of fine / traffic violation, it always will be the responsibility of the main user indicated in the RENTAL AGREEMENT - RA, i.e., the information of the MAIN DRIVER will ALWAYS be given to the Traffic Department.
3.8. The LESSEE, USER and ADDITIONAL DRIVER declare themselves jointly and fully responsible for the VEHICLE as well as for all damage caused to it, whether due to abuse / misuse, acts of God / force majeure or accidents during the time it is under their responsibility. The VEHICLE remain under the responsibility of the LESSEE, USER and ADDITIONAL DRIVER from the pick-up from the LESSOR until their effective and valid return, regardless of the validity of this agreement.
3.9. The LESSEE declares, by signing the RENTAL AGREEMENT
- - RA and INSPECTION TERM (Check List), that the LESSOR delivered the VEHICLE clean and without odor of cigarette, smoke, tobacco, or other odors that preclude the regular use of the VEHICLE by other users, with the LESSEE responsible to return it to the LESSOR in these same conditions.
3.10. The LESSEE must refuse to pick-up the VEHICLE if it is not in the conditions established in Clause 3.10 hereinabove.
3.11. The VEHICLE will be delivered with full fuel tank or as indicated in the Term of Inspection, and after the delivery of the VEHICLE to the LESSEE and throughout the contract period, the fuel used by the VEHICLE will be provided by the LESSE, not included in the rental amount the cost incurred in the purchase of fuel; therefore, it is not the LESSOR’s responsibility to refund or compensate this amount, at any capacity whatsoever, to the LESSEE.
3.12. The LESSEE that returns the VEHICLE to the LESSOR with incomplete fuel tank or in violation of the provisions of TERM OF INSPECTION must pay a “FUEL TAX" to the LESSOR.
The LESSEE may choose at the pick-up of the vehicle for contracting the service named "Fuel Purchase Option - FPO", which is the possibility of picking up the VEHICLE with full tank and return it to the LESSOR with an incomplete fuel tank without incurring the FUEL TAX, upon payment of the amount that will be specified in the RENTAL AGREEMENT - RA. The LESSEE declares and recognizes that if you purchase this service, the remaining fuel will not be refunded.
The VEHICLE can only be used within the Brazilian territory, in roads that present normal driving conditions, with traffic authorized by the competent agencies of control of roads and lanes.
4. RENTAL PRICE
4.1. The RENTAL PRICE comprises the daily fees, optional and contracted protections, overtime if applicable, return rates, administrative fees, additional driver fee, washing / cleaning fee, pick-up / return charges, GPS rental and special seat for children, as well as other fees specified in this AGREEMENT as tables available in the LESSOR stores and its website.
4.2. Rates are specified in the RENTAL AGREEMENT - RA in a dedicated field and calculated based on the LESSOR table, considering also the limits of mileage when applicable.
4.3. The administrative fees correspond to a minimum percentage specified in the respective field of the RENTAL AGREEMENT on the daily fee, extra time, exceeding km, services and additional protections contracted and other fees described as washing/sanitizing, return rate etc. to be adjusted in the RENTAL
AGREEMENT - RA This rate includes 24-hour mechanical and electrical support services, transfers, free calls to locations effected outside the State of São Paulo, and other applicable charges.
4.4. The price of optional services contracted by the LESSEE, as indicated in the RENTAL AGREEMENT - RA refer to the daily cost of the item included at the rental, not the total amount that will be charged. The total value is the result of multiple daily fees by the value of each option included by the LESSEE.
4.5. The LESSEE expressly recognizes that the RENTAL AGREEMENT - RA was presented and, having taken full knowledge of it, declares that they understand, accept and agree to all its content, including but not limited to daily fees and the rates specified in the clauses of this agreement.
4.6. The minimum period considered for VEHICLE rental is 1 (one) day and consists of any time after the opening of the RENTAL AGREEMENT - RA up to 24 (twenty-four) hours, with up to one (1) hour of tolerance for return, which will be notified to the LESSEE at the rental. If the VEHICLE is returned after the time scheduled for the end of the daily rate, an overtime will be charged at the rate of 1/4 of the daily fee for 24 (twenty-four) hours contracted to a maximum of four (4) hours being charged even the hour of tolerance. After 4 (four) extra hours, a new daily fee will be charged.
4.7. The criterion for charging overtime referred to in the item above does not apply to optional services and / or protections eventually contracted at the rental, for which, after the rental period contracted, will be charged a new daily fee for each option and / or protection.
4.8. The return of the VEHICLE before the end of the day does not imply any price reduction.
4.9. If the LESSER chooses to have a DRIVER, upon payment of additional amount on the VEHICLE rental price, the DRIVER daily fee will be considered for the period of eight (8) hours. The DRIVER daily fee that exceeds eight (8) hours, up to ten (10) hours will be charged as DRIVER overtime, exceeding the 10th time, the DRIVER should be changed. The DRIVER daily rate and the extra time will be provided for in the RENTAL AGREEMENT - RA. If the LESSEE is traveling when exceeded the 10 hours of the DRIVER, the return costs of this driver to the city of origin and the departure costs of the driver from the city of origin to the replacement venue will be passed on to the LESSEE, adjusted in the RENTAL AGREEMENT - RA.
4.10. In case the VEHICLE is returned in a city different from where it was picked up, an additional return rate ("RR") will be charged, which will be informed to the LESSEE at the rental or when returning the vehicle. This fee will be calculated based on the existing mileage between the city of pick-up and the city of return of the VEHICLE, always respecting the minimum amount of BRL 40.00 (forty reais). This rate will be adjusted in the RENTAL AGREEMENT - RA and is payable by the LESSEE when returning the VEHICLE.
4.11. The maximum VEHICLE rental is 30 (thirty) days and, when this period expires, the LESSEE shall follow the procedures described in item 5.3, except for pre-paid reservations outside the country, for vehicles used within the national territory, where the rental term will be the one indicated in the voucher issued outside the country, limited to sixty (60) days. If the rental period is greater than 60 (sixty) days, a new reservation and a new voucher must be issued and presented at the store for which the new reservation is intended.
4.12. It will added to the rental price expenses arising from fines and damages and their respective administrative fees, home delivery / return fees and DRIVERS fees when required and available, rates and / or local, state or federal taxes in place or that may be established, fines and financial burden in the event of late payments, among other items contained in the contracted rate.
4.13. Discounts that may be negotiated are not cumulative with promotional rates or other promotions offered.
4.14. Hertz Navigator (GPS) is delivered to the LESSEE, upon express request and additional payment of its daily value, in perfect conditions of use and operation. The kit provided by the LESSOR includes a navigation device, its components, according to the manufacturer, as well as a case, for installation solely on the rented VEHICLE.
4.15. The LESSEE is responsible for the safekeeping and conserving the equipment and its accessories, committed to returning it after the rental of the VEHICLE in the same condition they received it, subject to having to indemnify the LESSOR for any damage suffered by the GPS, regardless of the reason. In case of robbery, theft, misappropriation or any malfunction, the LESSEE will pay, as compensation, the amount for replacement of equipment, to be adjusted in the RENTAL CONTRACT - RA, an amount made available in all stores and on Hertz website.
4.16. The navigation aid device of GPS (Global Positioning System) type should be used as an auxiliary instrument for driving the VEHICLE, not exempting the LESSEE, their representatives and / or additional drivers to take all precautions and care in driving the VEHICLE, as well as compliance with traffic rules, especially with respect to the process of traffic directions (hand side) and the existence of roads. The GPS is not a precise instrument and is subject to information errors, georefencing and / or geopositioning, and its use, even following the manual, cannot be a justification for exempting the responsibility of the LESSEE and / or indicated drivers.
4.17. The LESSEE answers criminally for changing accessories or parts of the VEHICLE improperly and without express consent of the LESSOR, given that any accessory or part replaced by the LESSEE with consent of the LESSOR, will be part of the VEHICLE, being an exclusive property of the LESSOR.
4.18. The LESSEE declares that they are aware that the LESSOR is not is not obliged to issue an invoice in Brazil, considering that the object of its activity is the renting of vehicles, an exempt matter under Brazilian law.
5. RENTAL DURATION AND RETURN OF THE RENTED VEHICLE
5.1. The LESSEE agrees to return the VEHICLE on the day, time and place specified in the RENTAL AGREEMENT - RA.
5.2. Any extension of the rental now contracted require the prior consent of the LESSOR, being the VEHICLE subject to immediate search and seizure if not returned until the final term established, maintained the responsibility of the LESSEE for any loss or damage they have caused, besides the payment of rentals corresponding to such period, in the effective amount, never less than the amount indicated in the RENTAL AGREEMENT - RA.
5.3. In case of renewal, expired the term of the RENTAL AGREEMENT - RA, the LESSEE is required to go to the VEHICLE pick-up store and sign the new RENTAL AGREEMENT - RA regarding the renewed period.
5.3.1. If the LESSEE wants to renew the RENTAL AGREEMENT
- RA rental and is unable to go to a pick-up store to do so, they should contact this store requesting the renewal of the RENTAL AGREEMENT - RA, formalizing their choice by e-mail, fax, telegram or other valid written means. In this case, the LESSEE agrees unrestrictedly and unconditionally with all the terms and conditions of the renewal, as if they had signed it.
5.3.2. If the LESSEE does not go sign the new contract or fails to do it by email, fax, telegram or other valid written means, in case of traffic fines, it will also be charged from the LESSEE the applicable penalty for no indication of the driver.
5.3.3. The LESSEE agrees and acknowledges as of now that they will be uniquely, exclusively and fully responsible for all fines incurred for traffic violations committed.
5.3.4. Besides the responsibility for traffic fines and expenses arising from the seizure of the VEHICLE, the LESSER is fully responsible for the rejection at the request of authorities due to problems with their signature on documents.
5.4. In the event the rented VEHICLE, by the LESSEE fault, is towed away by competent authorities, the LESSOR will recognize the return of VEHICLE and the termination of the rental when in physical possession of the property, and the LESSEE should also bear the costs arising from the tow and release of the VEHICLE.
5.5. The delay in returning the VEHICLE with no communication within 24 (twenty-four) hours will be configured, automatically, as misappropriation.
5.6. Characterized the misappropriation, the LESSEE will be subject to criminal and civil penalties resulting from it, being understood that the LESSOR will recognize the termination of the rental on the date and time of the police report, regardless of the date and time of occurrence of the event. In this case, the LESSOR will charge the amount of the contracted rental until the date and time of the occurrence record, the damages resulting from misappropriation, all costs of the repossession and VEHICLE transport, including, but not limited to judicial, daily expenses of parking lots, legal or extrajudicial fees, subject to the LESSEE responsibility for the damage they have caused pursuant to art. 575 of the Civil Code.
6. EXPRESS RETURN/DELIVERY
6.1. The express return service will only be possible in locations where the service is available and is a facility offered by the LESSOR so that the LESSEE can return the vehicle outside the store opening hours.
6.2. The service is an option of the LESSEE, who can also return the VEHICLE during the store opening hours.
6.3. The LESSEE must first schedule the express return, according to the guidelines received at the VEHICLE pick-up.
6.4. If you choose the RETURN EXPRESS, the LESSEE should follow the instructions of the return documents and declare that it accepts the conditions established, agreeing that in the event of a discrepancy, the information verified by the LESSOR will prevail, including general vehicle conditions, mileage and fuel.
6.5. The LESSEE must faithfully observe the demarcation of vacancies meant for EXPRESS RETURN, fully responsible for the VEHICLE until the LESSOR regains possession.
6.6. It is forbidden to use of the EXPRESS RETURN system for events of accidents, breakdowns, or any occurrences concerning the VEHICLE.
7. THE LESSOR’S RESPONSIBILITIES
7.1. Deliver to the LESSEE the requested VEHICLE or a similar one, duly revised and in satisfactory use condition, with the documentation perfectly in order.
7.1.1. In the absence of the reserved VEHICLE or a similar one, it will be provided a VEHICLE superior than the reserved model. In this case, the LESSEE will pay for the rental the amount of the reserved VEHICLE. The LESSOR shall inform the LESSEE as soon as the category of the reserved VEHICLE is available. If the LESSEE does not have availability to change the CAR, this will mean their full agreement to remain with the VEHICLE that has been provided to them.
7.1.2. Regardless of the time, the LESSEE is responsible for safekeeping and conserving the VEHICLE of the superior category, committed to returning it in the same condition as received, without the prejudice of having to indemnify the LESSOR for any damage suffered by the superior category VEHICLE. In case of theft, misappropriation or any malfunction, the LESSEE will pay, as compensation, the full amount of VEHICLE that is under their possession, albeit superior, the full value for the vehicle repair or the value of MANDATORY PARTICIPATION regarding the reserved vehicle category when contracted the Hertz Protection.
7.2. Readily serve the LESSEE, at the closest HERTZ locality, in the event of electromechanical defects of the rented VEHICLE.
7.2.1. When the defect presented allows VEHICLE locomotion, without risk, the LESSEE should replace it at the nearest HERTZ location, or even at other establishments authorized by Hertz.
7.2.2. In the case of defect, which stops the VEHICLE from moving, the LESSOR will remove and replace the VEHICLE at no charge to the LESSEE. The pick-up of another vehicle should be performed at the nearest Hertz location or any other establishment authorized by Hertz. The LESSOR will provide transportation for the LESSEE and occupants of the vehicle to the replacement location indicated by Hertz.
7.2.3. In the event of VEHICLE removal and after the inspection it is detected that the defect was caused by accident or misuse of the VEHICLE, or if the vehicle removal request was unnecessary (e.g. drought crash), the LESSEE will pay to the LESSOR the value of the tow, plus the value of one (1) day of rental of the VEHICLE used, based on the rate charged in the RENTAL AGREEMENT - RA.
7.2.4. The LESSOR, however, will not replace the rented VEHICLE in the event of theft, robbery, fire, theft, misappropriation, seizure by the competent authorities, loss or theft of keys and documents or malfunction caused by improper use of the VEHICLE.
7.2.5. The LESSOR, at its sole discretion, may rent another VEHICLE if the LESSEE wishes. In this case, a new rental agreement will be prepared, considering a new transaction, not being, at any circumstances, characterized novation or waiver of any right under the previous contract.
7.2.6. The replacement may be on a temporary or permanent basis, subject to the extension of the faults and / or defects, as well as the delay for its repair. Anyway, the LESSOR will make every effort in their power to not harm the LESSEE meeting, as far as possible, their interests.
7.2.7. The fuel consumed and kilometers traveled by the VEHICLE replaced will be added to the substitute VEHICLE, and the LESSOR will measure and aggregate the costs and subsequently charge extra mileage, if any.
7.3. Clarify any and all questions, which the LESSEE may have, as well as assistance in emergency situations within the national territory, through the Emergency 24-hour Call Center, available by telephone, regardless of the employment of protections.
7.3.1. The costs of this assistance will be evaluated according to the occurrence and passed on to the LESSEE in the following cases: a) Claims; b) Misuse of the VEHIVLE; b) When the VEHICLE presents driving conditions; c) Dry Bread; d) Locksmith service; and
e) Document loss, etc.
7.4. Secure reservation for a period of up to one (1) hour after the time set for the VEHICLE pick-up, since this time of tolerance is within the regular working hours of the store. For cases of reserves for stores in airports and in which the LESSEE informs the flight number at the reservation, the period of an (1) hour will be counted from the landing time.
7.4.1. If the VEHICLE is not picked up within the time specified in clause 7.4 above, it will be characterized a "No Show" and, in this case, the VEHICLE will be automatically made available to another reservation or to another interested LESSEE. In this case, the person indicated as the LESSEE at the VEHICLE reservation must pay the amount corresponding to the first day of rental of the reserved VEHICLE, because it will not be available for other reservations and / or third parties. The amount will be charged from this LESSEE by credit card or the payment method indicated at the reservation.
8. LESSEE’S RESPONSIBILITY
Without prejudice to any other obligation of the LESSEE, under this instrument and / or fixed by law, they undertake to:
8.1. Store, maintain and conduct the VEHICLE with normal precautions, exclusively within the Brazilian territory, following the instructions of the LESSOR, manufacturer standards, traffic rules, existing security rules, the provisions of the transit authorities, and the municipal rotation of vehicles in the applicable areas, considering that the City of São Paulo municipal rotation restricts vehicles from 7h00min to 10:00 and 5pm to 8pm in the area covering the expanded center, according to the end of the plate and day of week:
8.1.1. Restricted on Mondays: Plates ended in 1 and 2.
8.1.2. Restricted on Tuesdays: Plates ended in 3 and 4.
8.1.3. Restricted on Wednesdays: Plates ended in 5 and 6.
8.1.4. Restricted on Thursdays: Plates ended in 7 and 8.
8.1.5. Restricted on Fridays: Plates ended in 9 and 0.
8.2. Do not allow any other person, except as expressly authorized in the respective RENTAL AGREEMENT – RA, drive the rented VEHICLE, taking responsibility for themselves and for the additional DRIVER, for complying with all the obligations contained herein.
8.3. In the event of accident or damage to any rented VEHICLE, besides other provisions stipulated in this agreement, the LESSEE shall also inform the LESSOR the information about the other VEHICLE (S) possibly involved, its driver, insurance policy(ies), if applicable, and victims;
8.4. Promote, at its disposal, the necessary surveillance on the victim VEHICLE until its delivery to a LESSOR’s agent or authorized person to prevent further damage and / or vandalism.
8.5. Observing the traffic regulations in force in Brazil, whether national, in accordance with the Brazilian Traffic Code, or state or municipal, noting also local restrictions on vehicles at peak times (state and / or municipal vehicle rotations).
8.6. Fully reimburse the LESSOR the sums paid in respect of any fines, fees and / or expenses, including expenses with tows and stays generated by offenses committed by the LESSEE and / or the additional DRIVER to the traffic rules in force in Brazil, which have occurred from the execution hereof to the effective return of the VEHICLE to the LESSOR.
8.6.1. The payment of the reimbursement referred to item 8.6, must be made in full by the LESSEE and / or the USER until the date of maturity of the respective fine and / or fee mentioned in the clause above. This payment will occur even if the LESSEE appeals to the Traffic Agencies. In case of appeal and its approval by the competent authorities, the amount of the fine and / or fee paid to the LESSOR in accordance with this clause will be returned to LESSEE within thirty (30) days after the respective appeal approval.
8.6.2. The LESSEE and / or the USER appoints as their attorney the LESSOR for the specific purpose of complying with the Resolution 404/12 of CONTRAN and in accordance with art. 8.6.4. 257, § 7 and 8 of the Brazilian Traffic Code, being the LESSOR authorized to sign, on behalf of the LESSEE, the field corresponding to the signature of the offending driver in the identification form, in case of fines for violations of traffic rules in force in Brazil. If there is a discrepancy between the signatures of the LESSEE and that in the RA and in their driver’s license, so that the competent traffic department does not accept the driver indication and impose penalty to the LESSOR, the LESSEE will pay their fine.
8.6.3. The LESSEE and / or USER expressly acknowledges and accept that in case of violation by them or the additional DRIVER of traffic rules in force in Brazil, in the presence of RENTAL AGREEMENT - RA, and in compliance with the requirements of the legislation of traffic, their name and the number of their driver's license will be given to the competent Traffic Authority as the offending driver being required in this case that the agency above notifies to any exercise of rights of defense.
8.6.4. The LESSEE acknowledges that the LESSOR, after being notified of the violation occurred during the rental period, will charge the LESSEE the amount of the violation plus administration fee of 20% (twenty percent) the traffic ticket value, constituting net debt, even in cases of court judgement.
8.7. In case of theft of the VEHICLE, the LESSEE must provide within 24 (twenty four) hours the record of the police report; not merely a protocol, but the effective transcription of the police report, collecting data on any witnesses, the police report number and indication of the authority who filed the police report, passing on such information immediately to the LESSOR. Upon such incident (theft or robbery), the LESSEE undertakes to pay the LESSOR the amount equivalent to one (1) fuel tank at the termination of this agreement, since the LESSEE received the VEHICLE from the LESSOR with its fuel tank full unless the LESSEE contracted the "Fuel Purchase Order - FPO".
8.7.1. In the event of accident or damage to the VEHICLE, beyond the detailed arrangements in item 8.7, the LESSEE shall also inform the LESSOR within the same period, of the data referring to the possible vehicle(s) involved, the respective driver(s), insurance policy(ies) and, if applicable, the victims.
8.7.2. The LESSEE shall deliver to the LESSOR, upon return of the VEHICLE: (a copy of the police report;
b) Claim Report - AR Hertz available in Hertz stores, which must be completed in full, in writing, and should faithfully describe the events. Otherwise, the LESSEE is fully responsible for the payment of the compensation to the LESSOR without the right to any discount or refund under item 10 below, regardless of having opted for hiring any protection at the time of the rental. In the event the LESSEE refuses to sign, the AR will be signed by an officer of the LESSOR, along with any other two witnesses, employees or not, of the LESSOR.
8.7.3. In the event the VEHICLE is towed, the documentation under
8.7.2 shall be submitted within 5 (five) business days from the claim date at the store from where the VEHICLE was taken or at the store it should have been returned to.
8.7.4. The LESSEE will lose the protection coverage included in the following events:
22.214.171.124. If the LESSEE failed to complete the Claim Report
– A.R. Hertz, when the VEHICLE is returned or within 5 (five) business days;
126.96.36.199. If the LESSEE failed to submit the Police Report within 24 (twenty-four) hours and/or failed to submit the Police Report or Expert Opinion within 5 business days to the LESSOR;
188.8.131.52. If the LESSEE lends or transfers the leased VEHICLE to third-parties without the prior consent in writing by the LESSOR;
184.108.40.206. If the LESSEE drives the VEHICLE outside the national territory;
220.127.116.11. If the LESSEE acts negligently resulting in the violation of the Brazilian Traffic Law, penalized under the Police Report or under a Court judgment;
18.104.22.168. If the LESSEE uses the VEHICLE negligently, imprudently or incompetence, including, but not limited to,
parking or leaving it at a remote site, or with the doors unlocked or windows down, with the ignition key on or any other negligent action related to the leased VEHICLE, in addition to the assumptions under Section 11 herein;
22.214.171.124. Misusing or deliberately using the VEHICLE for any purpose other than those listed under the Registration Certificate and Vehicle Licensing and/or manufacturer specifications, in the event of accident, robbery, theft, fire or crash;
126.96.36.199. Driving under the influence (DUI) of prescribed or non-prescribed medications that result in alterations to the psychomotor functions of the LESSEE or authorized driver.
8.8. In the event of loss, damage, theft or robbery of VEHICLE documentation and/or keys, the LESSEE shall immediately pay for all expenses derived from the restitution thereof to the LESSOR. In addition to the above restitution, the LESSEE shall also pay an indemnity penalty equal to 2 (two) rent days (according to the rate under the LEASE AGREEMENT - R.A., valid at the time of the LEASE) due to VEHICLE unavailability.
8.9. In the event the VEHICLE is seized due to smuggling, illegal trafficking and/or violation to the traffic laws by the LESSEE, the latter shall immediately pay all expenses incurred into to release the VEHICLE to the LESSOR, including, but not limited to, towing expenses, parking fees, public fees and fines, notwithstanding the damage indemnity arising from such seizure to be paid to the LESSOR.
8.10. The LESSEE shall preserve the material integrity of the VEHICLE, including its equipment and accessories, by handling them with proper care. The LESSEE expressly agrees that damages to the bottom of the VEHICLE are not covered under any protection hereunder and/or that may be offered and, therefore, commits to bear all costs incurred into by the LESSOR to repair it. The LESSEE agrees that damages to the bottom of the VEHICLE may be deemed as caused due to negligent actions by the LESSEE when driving it; therefore, the LESSOR may charge a fee to the LESSEE's credit card or by any other method of payment under the LEASE AGREEMENT - RA. In the event the LEASE AGREEMENT - RA is terminated, the LESSOR shall issue a Debit Note in addition to the invoice including the lease rate and any other related costs.
8.11. The LESSEE is forbidden to replace, modify or damage VEHICLE equipment or accessories, unless agreed upon with the LESSOR in advance.
8.12. The LESSEE shall pay a simple wash rate established by the store of return at VEHICLE return (as provided for under the LEASE AGREEMENT - RA) as to restore the same cleanliness and hygiene conditions under which the VEHICLE was handed to the LESSEE.
8.12.1. In the event a regular wash is not enough to get the VEHICLE back to the same cleanliness and hygiene conditions under which it was handed to the LESSEE, a sanitization fee shall be paid by the LESSEE at the VEHICLE return, to be established by the store of return. Examples or situations requiring deep wash and sanitization include, but are not limited to, when the VEHICLE is returned with food bits, tobacco or cigarette odor or otherwise, with internal and external filth that make difficult or prevent the appropriate use of the VEHICLE and its accessories.
8.12.2. The LESSOR may, at its sole discretion, recover all damages caused due to VEHICLE downtime, including additional rent days and damages from the LESSEE.
8.13. The LESSEE and their assigned drivers shall be the sole responsible parties for transporting minors in the VEHICLE, complying with the provision under Resolution CONTRAN No. 277 dated on 05/28/2008 and/or its amendments, and undertake to install any required equipment for children transportation and/or, optionally, rent them from the LESSOR.
9. USE OF VEHICLE
9.1. The use and driving of the VEHICLE is forbidden:
9.1.1. if driven by a non-authorized DRIVER or someone else who has not been listed under the LEASE AGREEMENT - RA;
9.1.2. if driven under the influence of alcohol, narcotics, intoxicating substances or medication that may affect the vehicle driving capacity as well as authorizing or handing the vehicle to an individual under the influence of the above;
9.1.3. if used for commercial passenger or load transportation;
9.1.4. for speed test or any sort of competition;
9.1.5. to push or tow any other VEHICLE or unauthorized object as established by the LESSOR;
9.1.6. to transport gasoline, explosives or any other inflammable or hazardous substance;
9.1.7. for an illegal purpose or contrary to the VEHICLE appropriate use, according to the LESSOR indications and the manufacturer specifications;
9.1.8. if used in a manner contrary to the terms and conditions herein and the applicable Brazilian laws;
9.1.9. without the safety equipment required by law, such as seatbelt and children's seat, as appropriate;
9.1.10. to commit any given crime;
9.1.11. to engage in electoral campaigns;
9.1.12. for escorting, security or assistance activities or as an ambulance;
9.1.13. for trafficking in mines of any given type or kind; and
9.1.14. for purposes contrary to the appropriate use of the VEHICLE, according to the LESSOR indications and the manufacturer specifications.
9.2. The LESSEE, additional DRIVER or third parties are forbidden to smoke inside the VEHICLE.
9.3. The following conditions shall be deemed as VEHICLE MISUSE:
9.3.1. driving the VEHICLE in dunes, beaches, flooded roads, mires, mines or roads with no traditional traffic conditions, unpaved roads or any other roads that may put the vehicle at risk, except of caused due to force majeure events that may be proven;
9.3.2. driving with the VEHICLE for purposes other than those specified under its Registration Certificate and/or manufacturer specification, such as commercially transferring passengers and/or goods and charging for it, or by exceeding the capacity specified by the manufacturer; hoisting and/or towing any car; speed racing, testing or "rally" competitions, "rally" stretch recognition and any other competition, scavenger hunt, illegal street race and/or motor racing, instruction for individuals who are not authorized to drive and motor training for whatever reason; transportation of explosives, fuel and/or chemicals or inflammable substances and any illegal purposes;
9.3.3. driving with oil or temperature warning lights in the VEHICLE dashboard. In the event the LESSEE continues to drive the VEHICLE under such circumstances, even for a short time frame, motor damage may occur, which will be examined by an automotive or judiciary technician, at the LESSOR's discretion;
9.3.4. damaging the bodywork, painting, upholstery or mechanical parts due to negligent use of the VEHICLE;
9.3.5. making any unauthorized modification to the VEHICLE affecting its original characteristics, without the previous consent of the LESSOR.
10. LESSEE RESPONSIBILITY AND LESSOR RESPONSIBILITY EXCEPTIONS
10.1. The LESSOR shall not be responsible for civil liability, under the Brazilian law, directly or indirectly of:
10.1.1. material and/or personal damage caused by the LESSEE and/or their passengers and/or suffered by the LESSEE and/or their passengers, or third parties, caused by their actions;
10.1.2. any material and/or personal damage caused by third parties to the LESSEE or their passengers;
10.1.3. goods or belongings left inside the VEHICLE;
10.1.4. any criminal action or inaction committed by the LESSEE and/or passengers.
10.2. Hereby, the LESSEE agrees that is exclusively responsible for any damage and/or loss arising from car accidents involving the VEHICLE, the additional DRIVER or third parties. Consequently, the LESSEE agrees to immediately (i) indemnify, undertake responsibility and hold the LESSOR harmless against liability related to indemnity payment, material and/or moral damage, expenses, costs and legal fees incurred into by the LESSEE, either judiciary or not; and (ii) reimburse the LESSOR, by issuing Debit Notes, in addition to the invoice stating the lease fees and other related costs, through immediately available funds and/or transferrable funds, in writing, at the request of the other party, in the event the LESSOR makes use, as per the terms herein, of the resources under the responsibility of the LESSEE.
11. HERTZ PROTECTION LIMITATION AND LIABILITY
11.1. In all types of protection described below, the LESSEE may acquire this benefit by paying the additional daily fee, the amount of which shall be established by the LESSOR based on the leased VEHICLE group, as available for rent at the VEHICLE retrieve site. The LESSEE agrees with these benefits by signing the relevant field under the LEASE AGREEMENT - RA. These benefits consist of establishing LESSEE responsibility limitations related to the LESSOR. This restriction, provided it is specified under the type of protection, holds the LESSEE harmless of liability to pay the LESSOR any of the values above as part of MANDATORY MEMBERSHIP fees, as indemnity for damage to the leased VEHICLE or caused to third parties due to an accident with the leased VEHICLE.
11.2. MANDATORY MEMBERSHIP protection fees vary according to the type of protection acquired and the leased VEHICLE group / category and shall be specified in the relevant fields under the LEASE AGREEMENT - RA. The MANDATORY MEMBERSHIP fee is inherent to the LESSEE's fault or absence thereof.
11.3. Types of protection:
11.3.1. LDW (Loss Damage Waiver) - Hertz VEHICLE protection: Crash, fire, theft, robbery and total loss protection for the leased VEHICLE, including damage or breakdowns due to crash and/or accidents. In any event, the LESSEE shall assume the MANDATORY MEMBERSHIP fee for the VEHICLE GROUP/CATEGORY and the type of ACCIDENT, as provided for under the LEASE AGREEMENT - RA. In the event of robbery in public roads, the MANDATORY MEMBERSHIP fee will be twice the cost.
11.3.2. SLDW (Super Loss Damage Waiver) - Protection excluding the MANDATORY MEMBERSHIP: Protection in addition to LDW protection consisting in excluding the MANDATORY MEMBERSHIP payment by the LESSEE to the LESSOR. To purchase SLDW, first, LDW protection needs to be acquired, except for reservations/rentals including LDW Protection in the lease price.
11.3.3. PAT (Third-party protection) Basic third-party protection: Protection against material and personal damages to third parties or third-party property, including permanent disability or death of such third parties caused by a crash or accident in the leased VEHICLE (within the total limits established and described under the LEASE AGREEMENT - RA), and the LESSEE shall pay for the MANDATORY MEMBERSHIP fee described under the LEASE AGREEMENT or under Hertz Form, and execute them.
11.3.4. LIS (Liability Insurance Supplement) Extended Third-Party Protection: In addition to PAT, the LESSEE may acquire LIS, consisting of the same PAT benefit, but with extended coverage (as described under the relevant section under the LEASE AGREEMENT - RA), which makes it superior to PAT limit. As with PAT, the LESSEE shall pay the MANDATORY MEMBERSHIP fee, in the amount under the LEASE AGREEMENT - RA OR under the specific Hertz FORM, and sign it.
11.3.5. PAI (Personal Additional Insurance) Protection for Hertz VEHICLE passengers: Protection in the event of death or permanent disability caused to Hertz VEHICLE passengers in the event of accidents with the lease VEHICLE. The payment made by the LESSOR for the benefit of the LESSEE amounts up to $20,000.00 BRL (twenty thousand reals) per passenger, provided that the passenger limit specified by the vehicle manufacturer is met.
11.3.6. SEV (Travel Emergency Service): This benefit consists of the obligation undertook by the LESSOR to pay transportation and logistics costs for the benefit of the LESSEE, their additional authorized drivers and that are listed in Hertz system, exclusively in the event of medical emergency or otherwise. Services related to such protection shall be made from time to time by third parties and assumed by the LESSOR for the benefit of the LESSEE, and the LESSEE may require the LESSOR to execute an agreement with the service provider to review the service terms and conditions. Responsibility limitation for this coverage by the LESSOR shall be up to $100,000.00 BRL (one hundred thousand Brazilian Reals).
11.3.7. G&T (Glass & Tires) or V&P (Glass and Tires) Protection against Hertz VEHICLE Glass or Tire damage: protection covering the free repair of the leased VEHICLE glass and tires, exclusively with authorized network vendors, for which the LESSEE shall take the vehicle to the nearest authorized store assigned by the LESSOR Service Center, found in the Glass and Tire Protection benefits brochure. In the event the vehicle cannot be driven due to glass or tire damage, this protection shall also include vehicle displacement for repairs up to a maximum limit of 100 km from the accident location. Services related to such protection shall be made from time to time by third parties and assumed by the LESSOR for the benefit of the LESSEE, and the LESSEE may require the LESSOR to execute an agreement with the service provider to review the service terms and conditions.
11.4. Concerning particularities, coverage and exclusion of protections and risk coverage:
11.4.1. Even when the LDW protection was acquired, in the event the VEHICLE is returned with small damages related, but not limited, to tinwork, painting, wheels, electrical systems, dashboard, banks, plates, mirrors and glass, which shall be checked within the INSPECTION TERM (Check List) upon vehicle return, the LESSOR shall charge them as per the repair fee table, available at any LESSOR store, in addition to the "administrative fee" to manage repairs equal to 20% of the total repair amount. The maximum amount to be charged shall be for COMPULSORY MEMBERSHIP.
11.4.2. Missing or damaged vehicle accessories and other components, including but not limited to, windshield and other glass windows / external rear mirrors (right and left) / internal rear mirrors / windshield and back glass / front and back wipers / main head lights (white and yellow) / White or yellow front lights (park lights) / Red rear lights / Indicator lights – yellow (front) and yellow or red (rear) / White reverse gear light / white plate light / Internal sunshades / speedometer / honk / tires / wheels / hubcaps (stolen, lost or damaged)/ full spare tire (spare wheel, including the rim and tire, with or without air chamber) / replaced tires (not part of the vehicle or patched)/ fire extinguisher / seatbelts / set of devices to control motor noise (exhaust) / oil pan / jack / wheel wrench, screwdriver and appropriate tool to remove hubcaps / cigarette lighter / internal or external antenna / Radio / Cassette Player / CD Player / seat covers and mats / vehicle keys / fuel tank
/ parking and service breaks / shock absorber ARE NOT included in any of the protections described herein or in any of these items, and shall be collected by the LESSOR under the LEASE AGREEMENT - RA or, by issuing Debit Notes, in addition to the invoice stating the lease fee and other related costs or charging these costs automatically to the credit card provided by the LESSEE.
188.8.131.52. Concerning tires and windshields, it shall be noted that the LESSOR shall abide by the laws and make the authorized number of repairs only as to keep the LESSEE safe. The LESSOR shall charge 1/3 of the windshield cost on a repair event basis.
184.108.40.206. When the G&T or V&P protections are acquired, the LESSEE shall not be held responsible for damage to a) the windshield; b) glass and c) VEHICLE tires.
11.4.3. If no protection or risk coverage is acquired or in case of protection loss, the LESSEE shall bear directly with all costs resulting from any event and its consequences, including damages to third parties, judiciary required or not, as to indemnify the LESSOR with any compensation it may be entitled to due to the LESSEE's, USER's and other additional authorized drivers' behavior.
220.127.116.11. In the event of VEHICLE robbery, theft or misappropriation where the LESSEE failed to purchase additional protection, they shall then become liable for repaying the leased VEHICLE model market value, IPVA (Vehicle Tax) and licensing fees included to the LESSOR. In the event the LESSOR retrieves the VEHICLE and the recovery thereof is made after full applicable indemnities have been paid, it shall then return the recovered vehicle to the LESSEE, in the condition it was found.
11.4.4. The LESSEE agrees and understands that, in the event of vehicle misappropriation or delay, regardless of the cause or circumstance, its return to the LESSOR, upon termination of the lease term, all additional benefits purchased by the LESSEE shall become void and null, even when paid.
11.4.5. No benefit or limitation established herein and offered to the LESSEE are deemed insurances of legal nature or results in any obligation for the LESSOR upon payment of any insurance. The financial responsibility (financial document payment obligation) undertaken by the LESSOR for the LESSEE, considering the amounts and conditions herein, shall be personally granted and non-transferrable, and, thus, all contractual obligations of the LESSOR related to retroactive indemnity, under paragraph III, Section 70 of the Procedural Civil Code shall be waived.
11.4.6. All expenses and related costs up to the MAXIMUM LIMITS as described herein shall be borne by the LESSEE. Amounts shall be held harmless of any obligation, except for the obligations listed herein.
11.4.7. The conditions herein shall not be applied in the event of damages to the vehicle, the LESSEE and third parties, including the additional driver, if the LESSEE, user and/or additional authorized driver committed deliberate, negligent, imprudent or incompetent actions or inactions, or otherwise under the police report while using, driving or having possession of the vehicle. Accordingly, the LESSEE shall be fully responsible for the consequences of such behaviors, and shall, therefore, reimburse the expenses incurred into with the leased vehicle and/or third parties by and to the LESSOR. In this case, the LESSOR is hereby authorized to make all appropriate repairs to the vehicle or, depending on the damage extent, purchasing a new motor VEHICLE to replace it. In the event the LESSOR owns repair stores at the accident location, it may perform the required services therein and the LESSEE shall be entirely responsible for repaying repairs to the LESSEE.
11.4.8. The LESSOR, in addition to the scenarios under the clauses above, shall not indemnify the LESSEE, additional DRIVER, VEHICLE passengers and/or third parties, as appropriate, due to damages caused, directly or indirectly, by:
18.104.22.168. accidents outside the national territory;
22.214.171.124. fortuitous events or force majeure, including, but not limited to, hostility or wartime, state of emergency, defense situation, rebellion, insurrection, revolution, seizure, request by the authority, tumults, riots, strike or any other public disturbances;
126.96.36.199. any nature phenomena;
188.8.131.52. ionizing radiation or radioactivity;
184.108.40.206. driving in dunes, beaches, flooded roads, unmade or unpaved roads or, still, locations that cannot be publicly accessed;
220.127.116.11. inappropriate vehicle towing;
18.104.22.168. engagement in competitions or nonconformance to the legal provisions under this agreement.
11.4.9. If VEHICLE damage caused in any of the scenarios under 11.4.8. above is confirmed, the LESSEE shall be exclusively responsible for paying indemnity costs to the LESSOR. Even when the LESSEE loses their right to the acquired coverage, daily protection fees shall remain valid.
11.4.10. In the event the LESSEE fails to acquire any of the available protection, they shall then, at vehicle retrieval, secure the leased vehicle market value, in addition to the lease fee. In this event, the LESSEE shall undertake full responsibility for all and any damages that may be caused to the leased vehicle and its occupants, as well as third-party damage.
11.4.11. The deposit above may not suffice to cover all damages arising from the LESSEE's responsibility, in which case, they undertake to pay for any given difference.
11.4.12. Administrative and/or protection fees to be paid by the LESSEE do not include the amounts below (which shall be charged upon agreement termination):
22.214.171.124. VEHICLE towing due to accidents caused by negligent use by the LESSEE.
126.96.36.199. VEHICLE towing due to accidents while driving it
188.8.131.52. Washing and sanitization fees
184.108.40.206. Return at a rent store at a location other than the location listed under the LEASE AGREEMENT - RA
220.127.116.11. Running out of fuel
18.104.22.168. Locksmith services.
11.4.13. Towing services, out-of-fuel assistance and locksmith assistance above shall be provided by third-party companies, whose fees shall depend on the location, time frame and time and shall be quoted and informed to the LESSEE, as appropriate.
11.4.14. Protection coverage is summarized under Section 11.3.6 (SEV):
22.214.171.124. Medical evacuation
126.96.36.199. Pet emergency sheltering and/or pet return
188.8.131.52. Corrective glasses and medical device replacement
184.108.40.206. Family and friend visit in case of hospitalization
220.127.116.11. Mortal remain repatriation
18.104.22.168. Vehicle return
22.214.171.124. Travelling companion transportation
126.96.36.199. Return of dependent children 188.8.131.52. Global medical and dental support
184.108.40.206. Upfront deposits and hotel, airlines and air ambulance deposits as to ensure the Global Emergency Travel Services associate's security.
220.127.116.11. Luggage loss
18.104.22.168. Safety evacuation services
22.214.171.124. Insurance data transfer to health professionals
126.96.36.199. Emergency treatment follow-up
188.8.131.52. 184.108.40.206. Medication and vaccination delivery
220.127.116.11. Forwarding of physicians/specialists 18.104.22.168. Forwarding of medical record
22.214.171.124. Continuous status updates to family members, employer and physician
126.96.36.199. Hotel reservation
188.8.131.52. Emergency upfront deposit
184.108.40.206. 220.127.116.11. Lost or stolen documentation replacement
18.104.22.168. Legal counseling 22.214.171.124. Translation services
126.96.36.199. Emergency messaging and assistance
11.4.15. Exceptions under item 10.3.6. (SEV): Situations that are not covered for this benefit are as follows, including the events when the LESSEE requires assistance due to an action conducted against its own integrity, in violation to the laws, while driving the VEHICLE, with no license, due to a displacement caused by not following medical advice or under health conditions not allowing their displacement to obtain medical assistance or hospitalization of the LESSEE.
11.4.16. Protection coverage is detailed under Section 11.3.7. (G&T or P&V): The services herein shall be provided under emergencies only. All emergency services hereunder must have been previously required to the Service Center for it to authorize and/or arrange the provision thereof. The services arranged without the prior authorization or participation by the Service Center will not be repaid to the user who paid for them on the S.C. behalf. Although services are for emergencies, the provision thereof shall be as per the infrastructure, regulations, legislation and local traditions at the place of the event, location and time, type and degree of emergency to be required. As the services provided to the user are for emergency purposes, the Service Center is not obliged to provide any service to vehicles at a store.
188.8.131.52. Vehicle towing in the event of glass breakage: In the event of vehicle immobilization due to glass breakage, the Service Center shall provide the vehicle towing service to the user for the vehicle to be transferred to the authorized store or distributor for repair or replacement thereof.
184.108.40.206.1. This service shall be limited for towing the vehicle up to 100 (one hundred) km from the event location. Excess kilometers shall be paid by the user. Excess kilometers shall be made effective directly by the service provider; to estimate the amount due, the final distance, plus the starting point of exceeding miles will be multiplied times two.
220.127.116.11.2. This amount shall be paid in double, considering the cost established by the service provider to go back to the starting point for collection.
18.104.22.168.3. The user shall be responsible for removing any given load on the vehicle before towing the car.
22.214.171.124. Taxi for vehicle passengers: In the event of glass breakage of the leased vehicle which prevents the user to continue travelling, the Service Center shall provide taxi services to the user and travelling companion to go back home or to the nearest rental counter to the event's site.
126.96.36.199.1. This service shall be provided only in the event of user vehicle immobilization.
188.8.131.52.2. Maximum limit of 100 (one hundred) km from the event location to the destination.
184.108.40.206. Flat tire replacement: If the vehicle was immobilized due to a flat tire, the Service Center shall forward a service provider to replace it.
220.127.116.11.1. This service shall be limited to tire replacement.
18.104.22.168.2. 22.214.171.124.2. Service limited to the urban area.
11.4.17. Exceptions under item 11.3.7. (G&T or P&V): General:
126.96.36.199. Money payments, excluding expense reimbursement, shall be made considering the prohibition under CNSP Resolution n° 102 from 2004.
188.8.131.52. Services will be provided or conducted only if the event occurs within the lease term.
184.108.40.206. Nature phenomena, such as: flooding, earthquake, volcano eruptions, hurricanes, tsunamis and meteors reaching the Earth, under which circumstances the Service Center is unable to provide emergency assistance.
220.127.116.11. Explosion, heat release and radiation arising from atom separation or radioactivity and any other radiation caused by artificial particle acceleration;
18.104.22.168. Events in wartime, social riots, terrorism and sabotage, strikes, public disaster, arrest by the authority due to deliberate crimes other than accidents, except when the user proves that the event is related to the above circumstances.
22.214.171.124. Actions or activities by the army or security agents in wartime.
126.96.36.199. Events outside the conditions above;
188.8.131.52. Engagement in gambling, duels, crime, disputes or accidents with the vehicle while conducting such actions;
184.108.40.206. Vehicles violating safety standards by the manufacturer or the relevant authorities;
220.127.116.11. Accidents caused by deliberate intoxication, narcotics or alcoholic beverages;
18.104.22.168. Accidents derived from sport racing with the vehicle;
22.214.171.124. Deliberate action or failure to act by the user; 126.96.36.199. Vehicle towing with munk or any other untraditional towing system, such as falling into cliffs or banks.
188.8.131.52. 184.108.40.206. Fuel, repair or vehicle accessories theft expenses;
220.127.116.11. Vehicle misuse or driven by a non-authorized individual;
18.104.22.168. Theft of luggage or personal objects left inside the vehicle;
22.214.171.124. Merchant transportation;
126.96.36.199. Any type of final repair to the vehicle, at the accident location or other location;
188.8.131.52. Events in locations other than streets, avenues or roads that are not part of the ordinary road system; and
184.108.40.206. Third-party engagement in accidents, for the User to undertake its responsibility.
12. DELAY IN VEHICLE PAYMENT OR RETURN
12.1. The acceptance by the LESSOR to receive the VEHICLE after the term herein shall not be construed as
novation, but as consent by the LESSOR, and the LESSEE shall remain fully responsible or the obligations undertaken herein, particularly related to the lease payment accrued until the effective VEHICLE return, with the applicable interests under Sections 11.1, 11.2 and any other clauses herein, without prejudice to the LESSOR right to immediately terminate this agreement.
12.2. Absence of payment, undue or ineffective payment of the lease fees by the LESSEE shall result in a delinquent fine equal to 10% (ten percent) of the due amount, notwithstanding the additional delinquency rate of 1% (one percent) per month or part thereof, cost and expense reimbursement, whether judiciary or not, incurred into by the LESSOR to collect due amounts, in addition to attorney's fees.
12.3. All amounts due that are not paid immediately by the LESSEE shall be corrected starting on the maturity due date, considering the IGP-M (General Price Index - Financial Market, published by Getúlio Vargas Foundation) on a pro rata basis for the period, to the effective payment date and, if such index was not available, then any other legally acceptable index may be provided as to reflect the above correction.
13.1. The LESSEE requiring car rental services online at Hertz site, (www.hertz.com or www.hertz.com.br) shall follow all step-by-step procedures at Hertz site for the rental procedure, including all obligations arising from the service.
13.2. The rules herein are applied to rents conducted by those means.
14.1. The LESSEE represents that agrees and understands their obligation to indemnify the LESSOR in the event of damages arising from the use of the VEHICLE by the LESSEE, USER and/or additional DRIVER.
14.2. Considering the terms under Clause 14.1. above, the LESSEE expressly agrees that the LESSOR's main purpose is to lease motor vehicles and related line of business. Therefore, if an accident or damage by the LESSEE causes the LESSOR to benefit from VEHICLE rent, i.e., the subject matter herein, and considering any other responsibilities established herein, the LESSEE shall be responsible for remedying the damages to the LESSOR, directly equivalent to the amount of the LESSOR loss caused by the VEHICLE unavailability, equal to the 100% (one hundred percent) of the daily lease fee in force, which shall be equal to the loss amount as loss damages.
14.3. THE LESSEE agrees that by paying the lease fee and upon receipt of the VEHICLE, they shall take autonomous possession for all legal purposes and, thus, no joint liability, either legal or contractual, shall be borne by the LESSOR relative to indemnity arising from the use/driving of the vehicle (e.g. accidents/traffic fines), during the lease term, according to Section 265 under the Civil Code.
14.4. The standard under Section 14.1 above shall be applied to noncompliance of the terms and conditions herein.
15.1. The LESSEE and the USER are customers and agree that, exclusively for the purposes of its own security, that of the LESSOR or this agreement, the LESSOR may obtain and save information related to its biological information for identification purposes.
15.2. For the purposes herein, biometrics that may be used as identification systems are as follows: retina and iris reader, palm, hand or digital reader, photographs and others.
15.3. The LESSOR undertakes to use collected biological information exclusively to identify the LESSEE and/or the USER, and the transfer thereof to third parties, its use for purposes other than those herein or its dissemination in the media is expressly forbidden.
15.4. The LESSEE and the USER are customers and agree that any collected material may be used for judiciary actions evidence arising or related to the execution of this agreement.
15.5. Collected biometrics will be saved as sensitive information and only authorized employees assigned or authorized by the LESSOR may have access to it. Access will be enabled for the assumptions related to this agreement.
16. GENERAL CONSIDERATIONS
16.1. The LESSEE, under any scenario or conditions, shall not deem the LESSOR as their agent or representative.
16.2. Reserves shall be made according to the type of vehicle, counter, date and time. Under no circumstance whatsoever the car brand/model or plate termination will be ensured.
16.3. The LESSEE agrees that by executing the LEASE AGREEMENT - RA, they thereby grant their consent, that of their successors and/or heirs concerning the clauses hereunder, which they read and were provided with in full.
16.4. The LESSEE understands and agrees that the LESSOR is a group of legal entities, including its SUB-FRANCHISEES, operating under the HERTZ brand, which are legally and financially independent, and that are parties hereto. Accordingly, the LESSEE undertakes to settle any disputes or claims arising herein with the contractor listed under the LEASE AGREEMENT - RA only.
16.5. This document is the total agreement by the Parties and supersedes any other previous agreement or covenant executed by the Parties.
16.6. The LESSEE agrees with all payments due herein and, thus, the LESSOR is authorized to collect them by means of Debit Notes issued by banks, in addition to the invoice stating the rent fee and any other related costs. Furthermore, the LESSOR may automatically charge such amounts directly from the credit card swiped into the file signature system, even when there are expenses that may be incurred into after the LEASE AGREEMENT - RA termination date and/or car return by the LESSEE to the LESSOR. The LESSOR shall be held harmless against any indemnities and/or damages derived from the addition of the LESSEE in debtor lists due to payment failure.
16.7. All lease-related amounts, expenses and fees consist of net recoverable debts to be paid in cash, including any VEHICLE breakdowns found during inspection.
16.8. Notwithstanding any other provision herein, this Agreement shall be terminated by law in the event of violation to any given clause, and the violator shall become liable to pay an indemnity fine equal to 10% (ten percent) of the total agreement price, without prejudice to the damages exceeding the above percentage; however, provided that such damages were caused by the violating party.
16.8.1. The termination of this agreement shall not cause the parties' liabilities to cease or its rights to expire and the parties may enforce them in the event of non-compliance by the other.
16.9. The rights granted herein to the LESSEE are deemed non-transferable, unless otherwise expressly authorized by the LESSOR.
16.10. This agreement shall supersede all previous agreements
and/or public documents related to motor vehicle rent by the LESSOR.
16.11. The LESSEE shall be provided with a full copy of this public document as to abide by the LEASE AGREEMENT - RA, which is governed by the provisions hereunder as by bona fide principles under Section 422 of the Brazilian Civil Code.
16.12. In the event of inconsistencies between the English and Portuguese versions of this document, the Portuguese version shall prevail.
16.13. The applicable jurisdiction to settle any disputes arising hereby shall be the place of business of the LESSOR, and the Parties expressly waive any other venue that may be more convenient.