Contrato de Alquiler de Vehiculo

This rental vehicle agreement applies to all companies which operate under "Unidas Rent a Car" brand, either directly or through contractually granted franchise, hereinafter referred to as "Agreement".

 

1. DEFINITIONS 

 

1.1. The Statement of the Car Rental Agreement and Other Covenants - is the document that identifies the contracting parties, the vehicle rented, prices, terms and other conditions contained in the information booklet and/or charges prevailing at Owner's counters, and, in this Agreement, it will be simply referred to as the "Statement". 

 

1.2. Car Rental - is the entity that provides the rented vehicle, duly identified in the Statement.

 

1.3. Renter - is the person or entity so identified in the Statement who enters into the vehicle lease agreement.

 

1.4. Representative(s) - is (are) the person (people) who represent(s) the Owner in all acts of the Stament, assuming the rights and obligations on its behalf. 

 

1.5. Vehicle lease daily rate - corresponds to 24 hours and is considered the minimum period for vehicle lease. 

 

1.6. Driver lease daily rate - corresponds to 8 hours and is considered the minimum period for hiring a driver.

 

1.7. Unidas Chain Stores - consists of the branches distributed nationwide and listed in its own brochure.

 

1.8. Additional Driver(s) - is(are) the person(people) so identified in the Statement, who is(are) also authorized, in addition to the Renter, to drive the rented vehicle, while the registration of up to four Additional Driver(s) per vehicle rented is allowed. 

 

1.9. Mandatory Participation - is the contribution payable by the coverage to qualify to the coverage hired for each vehicle rented/replaced if involved in an accident. The values of the mandatory participation are detailed in the information booklets and/or charges prevailing in the stores of Unidas Chain. 

 

1.10. No-Show - it is termed used by the car rental to characterize the non-attendance of the customer in the store to check-out the vehicle within 2 hours after the time scheduled on the reservation. 

 

1.11. Risks Coverage - they are the protections offered by the Car Rental to cover damages to the vehicle rented, as a personal injury, injury to the occupants, material damages and personal damage to third parties. 

 

1.12. Protection - the daily value contracted and paid by the Renter in order to be entitled to the following coverage corresponds to: 

 

  • • Partial Protection (PP) - partial coverage for the vehicle rented in case of accident, fire, theft, robbery and total loss;
  • • Special Protection (SP) - the same coverage of Partial Protection (PP) with lower values for mandatory participation and pre-authorized;
  • • Occupants Protection (OP) - cover material demages, personal injuries to the occupants in case of accident;
  • • Protection for occupants of the vehicle rented and Third Parties (POT) - coverage for injuries to the occupants of the vehicle rented and property damage and injuries to third parties;
  • • Super Protection (SP) - the same coverage of Special Protection (SP) with lower values in the mandatory participation and includes the same coverage of POT.
  • • Junior Protection (JR) - the same coverage of SP and POT for costumers that has the Driver's License issued for less than 2 years.
  • • Super Zero Protection (SZP) - exactly the same cover of SP and POT but with exemptions values of Mandatory Participation.

 

1.13. Accident - is the occurrence of an involuntary and casual event involving the rented vehicle. 

 

1.14. Driving Restriction - is the restriction to vehicle traffic in the expanded downtown area in São Paulo (SP-Capital City) from 7 AM to 10 AM and from 5 AM to 8 AM, according to the final number of the license plate and the day of the week, as follows: 

 

Final of license plate       Weekday 

1 and 2                        Monday

3 and 4                        Tuesday

5 and 6                        Wednesday

7 and 8                        Thursday

9 and 0                        Friday 

 

If driving during the time and day as listed above, the violator will be subject to a traffic ticket, according to the legislation in force.

 

1.15. Return Fee - is the amount charged to the Renter for the delivery of the vehicle in a different store from which the vehicle was checked-out. 

 

1.16. Express Return - the service is available in some stores, upon prior confirmation and scheduling, in which the Renter may opt to return the vehicle outside the working hours of the store. 

 

2. REQUIREMENTS 

 

2.1. In order to rent a vehicle at Unidas, the Renter shall: 

 

2.1.1. Provide an identity card [RG] and the CPF. Providing an original identity card or the original driver's license [CNH] containing the number of the CPF makes the presentation of the CPF not necessary.

 

2.1.2. Provide a nominal credit card for the operation of pre-authorization and have your information approved by the Car Rental.

 

2.2. The Renter, the Additional Authorized Driver(s) or the Representative must have a driver's license valid and issued in the Brazilian territory in order to drive the vehicle rented. 

 

2.2.1. If the Renter does not meet to the profile requirements by the Car Rental  in order to drive the vehicle rented, he/she may indicate a Driver. In such case, the Renter is aware and agrees that he/she shall refrain from driving the vehicle rented and shall assume all responsibility for the acts committed by his/her nominee. 

 

2.2.2. In agreements where the Renter or the Additional Driver(s) or Representative has the Driver's License issued less than 2 years, the only form of protection available for the contraction shall be the Junior Protection. 

 

2.3. The rule for renting vehicles to foreigners should be consulted in the store where the vehicle is checked-out from.

 

3. PURPOSE 

 

3.1. The rental of a vehicle owned or possessed by the Car Rental, which is delivered containing all the equipment required by the Brazilian Traffic Code and being in perfect working and safety order, as confirmed and accepted by the Renter, his/her Representative and/or Additional Driver(s), upon its check-out.

 

4. FEES

 

4.1. The total value for purposes of the rental payment will be composed of the sum of all items counted at the closing of the Statement, such as: 

 

a) Daily rates;

b) Extra daily rates;

c) Extra hours;

d) Kilometers;

e) Daily protection for risk coverage;

f) Charges for delivery and return of the vehicle;

g) Mandatory Participation;

h) Amounts exceeding the mandatory participation;

i) Fuel, plus an administrative fee;

j) Damages and indemnities under agreement;

k) Traffic tickets resulting from traffic offenses, plus a 15% administrative fee on the full amount of the traffic ticket;

l) Administrative fee of 10% of the total amount of the rental; From January 15th the fees wiil be of 12%.

m) Additional charges for airport rentals;

n) Return charge when the vehicle is returned in a different place from the one it was checked-out;

  • o) Additional Driver(s) charge;

p) No-Show Charge in case the Renter does not check-out the vehicle booked in advance ("no-show");

q) Vehicle washing charge;

r) Expenses for the replacement of keys and/or documents of the vehicle rented in case of loss, theft or robbery;

s) Daily rate regarding Car Rental's  driver(s) and eventual overtime of driver(s). In case of no-show of the Renter, explained above under item "p", will be charged one (1) daily rate and expenses of driver(s), when requested upon booking the rental;

t) Drivers reimbursable expenses, such as: tolls, parking, meals or overnight;

u) Expenses resulting from damages to the vehicle rented up to the limit of the mandatory participation, even if the vehicle is rented with a driver provided by the Car Rental and provided that he/she has not contributed to the generation of such expenses;

w) Any other charges/reimburses listed in the information booklets and/or charges in force. 

 

4.2. And, in addition to the above, the rental amount is also comprised of: 

 

a) Financial charges, according to bank fees usually practiced in the market in case of late payment;

b) Payment or reimbursement for the towing of the vehicle rented, as well as professional services of attorneys and/or agents to release the vehicle, certified copies and signature notarization;

c) The car rented breakdowns, when not covered by the protection contracted;

d) Amounts related to tires, antenna, speakers, hubcaps and radio (with or without CD player and/or MP3 player), GPS, baby carrier, Infant/Child/Toddler Seat of the vehicle rented which are not covered by any of the protections available;

e) Loss of profits based on the daily rate contracted price, in case of theft, accident, should the relevant protection has not been contracted or in cases where it has been lost;

f) When the rental is performed with rates with limited kilometers, once a violation of the seal of the speedometer is found, the Renter shall pay the equivalent to 250 (two hundred and fifty) kilometers per day, computed for the entire period of the rental.  

 

5. DEADLINES, DELIVERY AND RETURN OF VEHICLE 

 

5.1. The maximum rental period in the Rent a Car system corresponds to 30 days. If the customer chooses to remain with the vehicle after such period, he/she should go in person to the establishment to confirm the vehicle availability, confirm the new rental period and sign the opening Statement. 

 

5.1.1 If such procedure is not performed, a new rental period shall start, and the amount charged shall be based on Unidas Standard Rates corresponding to the new period (number of days) of use of the vehicle until the date of the actual return, subject to the conditions set forth in the commercial agreement with companies, agencies and tour operators.

 

5.2. In case of early return of the vehicle, the amount charged will be based on the Unidas Standard Rates corresponding to the period (amount of daily rates) of use, subject to the conditions set forth in the commercial agreement with companies, agencies and tour operators. 

 

5.2.1. The parties have established and agreed upon that the signature(s) executed by the customer and/or his/her Representative in the Statement at the time of the check-out of vehicle(s) shall be valid for all purposes and legal effect as if they were transcribed in the Statements posteriorly opened for the continuation of the rental in the following months. 

 

5.3. The vehicle must be returned to the original store where  it was picked up in the time specified in the Statement, being granted to the Renter one (1) hour of tolerance for its return. The return at another store will be allowed only with the permission of the original store and upon the payment of the corresponding return rate. 

 

5.4. If the return of the vehicle occurs after the time and date set for the termination of the rental, even exceeding the time of tolerance granted upon, an extra hour will be charged at the rate of 1/6 of the 24 hours daily rate contracted, up to a maximum of 6 hours. After 6 extra hours, a new daily rate shall be charged.

5.4.1. A new daily rate corresponding to the protection(s) contracted shall be charged if the one-hour tolerance is exceeded as regards the charge of protections. 

 

5.4.2. The deadline for returning the vehicle will be 24 hours after the time originally planned in the Statement, the Renter being subject to the rules set forth in section 5.6 below. 

 

5.5. In the case of hiring a driver provided by the Owner, the hours exceeding to eight (8) hours shall be charged as overtime. 

 

5.6. A failure to return the vehicle rented within the time limit stipulated in item 5.4.2 above shall entail the loss of all discounts and special rates eventually granted, and then Unidas Standard Rates (available in the booklet at the Unidas Store Chain) shall be applied, also implying the immediate adoption of legal measures, including Search and Seizure  Warrants of the vehicle and/or the record of a Police Report, and the Renter shall reimburse the Car Rental for the expenses arising out of the wrongful detention of the asset, still bearing the legal costs and/or extrajudicial costs that the Car Rental may incur in order to perform the search, seizure and effective reintegration of the possession of the vehicle. 

 

5.6.1. Discounts and promotional rates will be kept during the period originally contracted by the customer. After the period initially contracted, extra daily rates and extra hour shall be charged, based on Unidas Standard Rates, applying the provisions of section 5.6. 

 

5.7. If the Renter opts for the Unidas Express Return, he/she should strictly follow the rules contained in the respective envelope that he/she receives upon the opening act of the Agreement through the Statement, provided that:

 

5.7.1. The envelope for Unidas Express Return is a part hereof, but in the event of a disagreement between the information provided by the Renter on the envelope, including kilometers and fuel, and the ones verified by the Car Rental, the ones verified by the Car Rental shall prevail; 

 

5.7.2. The vehicle should be parked only in places previously indicated by the Car Rental, under penalty of the Renter to be liable for any occurrence that takes place as Car Rental not repossess the vehicle;

 

5.7.3. In the event of any occurrence or accident with the vehicle rented, the Renter may not use the Unidas Express Return. 

 

6. CAR RENTAL'S OBLIGATIONS 

 

6.1. Give the Renter a precarious possession of the vehicle during the period contracted, pursuant to Brazilian Civil law in force. 

 

6.2. Grant the Renter protection to risk coverage in accordance with the modality contracted, up to the limits set forth in the information booklet and/or rates prevailing at the counters of the Car Rental, provided that there is an early formal adherence by the Renter, upon the payment of the additional daily rate and its obligatory participation upon the occurrence of an accident, under item 8 hereof. 

 

7. RENTER'S OBLIGATIONS 

 

7.1. Assume the responsibility for the safekeeping and proper use of the vehicle for the duration of the rental, using it in accordance with the manufacturer's specifications on proper paths and urban roads and official highways, refraining from reckless driving and transport which may harm the performance or the integrity of the vehicle and its accessories, UNDER PENALTY OF RESPONDING FOR MISUSE OF THE VEHICLE, regardless of other applicable sanctions. 

 

7.2. Return the vehicle to the Car Rental on the date specified in the Statement, under penalty of Misappropriation, incurring the Renter in injunctions under section 5.6 hereof. 

 

7.3. Return the vehicle in the store where it was checked-out from and in the same condition as received. The return may be made at any other store of Unidas Store Chain, as set forth in item 5.3 of this Agreement.

 

7.4. In case of theft, robbery (including accessories) and accidents involving or not third parties, the Renter shall contact the Rental in a time spawn no more than 1 hour after the incident, and with the local authorities as well.

 

7.4.1 The Renter shall  submit to the Owner the protocol of the Police Report within 6 hours, and present the original copy within 24 hours after the occurrence, under penalty of loss of the coverage contracted. 

 

7.5. Prevent third parties not specified in the Agreement as Additional Driver(s) to drive the vehicle rented, under penalty of losing the right to the coverage contracted and assuming, therefore, all the responsibilities and financial obligations arising out of the vehicle rented, including damages to the vehicle rented, as well as bodily injuries and moral and material damages caused to third parties. 

 

7.6. Strictly refrain from driving/using the vehicle rented: 

 

a) Under the influence of alcohol, narcotics, drugs or medications that may  affect the ability to drive the vehicle, as well as authoring or handing the vehicle rented to a person under such effects;

b) For the transportation of goods or materials not permitted by law or which dimensions and/or features are incompatible with the specifications of the vehicle, including, but not limited to, transportation of values, beverages, narcotics, drugs or any narcotic substance;

c) For illicit purposes;

d) For the transportation of explosives or flammable materials;

e) For police chase;

f) To tow or push another vehicle or object;

g) To conduct teaching or training of drivers;

h) Escort, security or rescue activities and as an ambulance;

i) To traffic in mining of any kind or nature;

j) For purposes of lease, except in trade agreements signed for such purpose;

k) As a taxi or an irregular public transport service;

l) In tests, speed trials or competitions, bets, "street races" or competition of any kind;

m) Breaching any of the restrictions contained in the legislation in force and/or herein. 

7.7. Accept the expenses charged as a result of the rental, pursuant to item 4 of this Agreement, costs which the Renter allows to be collected directly through banking system or through debit to a credit card company which it has an agreement to, and that, upon the execution of this Agreement, the Renter authorizes the use of his/her signature on file, even if the expenses have been verified after the closing of this Statement. 

 

7.8. Assume the responsibility for the payment of traffic tickets resulting from traffic offenses got in the period in which the vehicle was under his/her responsibility by allowing the Car Rental to make collection or debit from his/her credit card, including as mentioned in item 7.7 above. 

 

7.9. Accept the costs arising out of damages, breakdowns and accidents caused to the vehicle rented, even if occurring while it its driven by a driver hired before the Car Rental and provided that he/she has not contributed to the occurrence of the event. 

 

7.10. Inspect the vehicle upon its return, having the parties established and agreed upon that the Renter has delivered with no belongings or money, renouncing to any claim with such respect. 

 

7.11. Return the vehicle with the amount of fuel received, otherwise being charged for the missing fuel, plus the fee for the supply service provided. 

 

7.12. Accept that the Owner promote, by procedural means that it may have, made his call for judicial promoted by third parties arising out of events with the rented vehicle, leaving him to take the pole liability claims, including about the values that exceed the coverage provided for the assumption of liabilities and / or to ensure the regressive rights of Owner. 

   

8. PROTECTIONS FOR RISK COVERAGE 

 

8.1. The protection modalities offered by the Car Rental are the following: 

 

a) Partial Protection (PP) - partial coverage for the vehicle rented in case of accident, fire, robbery and theft, total loss and small damages, with mandatory participation of the Renter to the extent of: 

 

  • • R$2,000.00 for vehicles in groups A, B, C and E;
  • • R$3,000.00 for vehicles in groups D, G, G1, CG e CA
  • • R$ 3.000,00 for vehicles in groups D, G, G1, CG e CA;
  • • R$ 4.000,00 for vehicles in groups I, F, AT e SV;
  • • R$ 5.000,00 for vehicles in groups J e BL;
  • • R$ 6.000,00 for vehicles in the group SL;

 

  • • As a promotional group, the values of the Mandatory Participation for vehicles belonging to the

group L will be available for consultation at Unidas stores and on the website www.unidas.com.br.

 

b) Special Protection (SP) - partial coverage for the vehicle rented in case of accident, fire, robbery and theft, total loss and small damages, with mandatory participation of the Renter to the extent of: 

 

  • • R$ 1.000,00 for vehicles in groups A, B, C e E;
  • • R$ 1.500,00 for vehicles in groups D, G, G1, CG e CA;
  • • R$ 2.000,00 for vehicles in groups I, F, AT, SV;
  • • R$ 2.500,00 for vehicles in groups J e BL;
  • • R$ 3.000,00 for vehicles in groups SL;

 

  • • As a promotional group, the values of the Mandatory Participation for vehicles belonging to the

group L will be available for consultation at Unidas stores and on the website www.unidas.com.br. 

 

c) Occupants Protection (OP): coverage for injuries to the occupants of the vehicle rented in the event of an accident up to the limit of R$20,000.00 per passenger;

 

d) Third Parties Protection (TP): partial coverage of up to R$30,000.00 for property damage and up to R$50,000.00 for injuries in case of accidents with the vehicle rented involving third parties, regardless of the number of people in the vehicle of the third party involved in the accident, with a mandatory participation of the Renter regardless of the number of people in the vehicle of the third party or involved in the accident up to a limit of R$1,000.00 for all locations, regardless of the group.

 

e) Occupants of the vehicle rented and third parties (POT): coverage for injuries to the occupants of the vehicle rented and the coverage for property damage, injuries involving third parties, with a mandatory participation of the Renter to be determined by Unidas after the assessment of the accident, up to a limit of R$1,000.00 for all locations, regardless of the group of vehicles, with the following coverage:

 

  • • Occupants of the rental vehicle (OP): coverage for injury to the occupants of the vehicle rented in case of accident to the limit of R$20,000.00 per passenger;

 

  • • Third Parties (TP): partial coverage of up to R$30,000.00 for property damage and up to R$50,000.00 for injuries in case of accidents with the vehicle rented involving third parties, regardless of the number of people in the third party's vehicle or involved in the accident. In the case off activating the protection for occupants of the vehicle and third parties (POT) a fee of R$ 500,00 will be charged.

 

For third party coverage a fee in the amount of R$500,00 will be charged in reference to the obligatory participation on PS and PSZ protections

 

f) Super Protection (SP) - partial coverage for the vehicle rented in cases of accident, fire, robbery and theft, total loss and injuries to the occupants of the vehicle rented and property damage and injuries to third parties; with mandatory participation of the Renter to the extent of: 

 

  • • R$ 500,00 for vehicles in groups A, B, C e E;
  • • R$ 800,00 for vehicles in groups D, G, G1, CG, CA, I, F, AT e SV
  • • R$ 1.250,00 for vehicles in groups  J e BL;
  • • R$ 1.000,00 for vehicles in the group SL;

 

  • • As a promotional group, the values of the Mandatory Participation for vehicles belonging to the group L will be available for consultation at   Unidas stores and on the website www.unidas.com.br. 

 

This kind of protection has the following coverages:

 

  • • Occupants of the vehicle rented (OP): coverage for injuries to the occupants of the vehicle rented in the event of an accident up to the limit of R$20,000.00 per passenger;
  • • Third Parties (TP): partial coverage of up to R$30,000.00 for property damage and up to R$50,000.00 for injuries in case of accidents with the vehicle rented involving third parties, regardless of the number of people in the third party's vehicle or involved in the accident.

 

g) Junior Protection (JR) - partial coverage for the vehicle rented in case of accident, fire, robbery and theft, total loss and small damages and injuries to the occupants of the vehicle rented and injuries and property damage to third parties, with mandatory participation of the Renter to the extent of: 

 

  • • R$ 2.000,00 for vehicles in groups  A, B, C e E;
  • • R$ 3.000,00 for vehicles in groups D, G, G1, CG e CA;
  • • R$ 4.000,00 for vehicles in groups I, F, AT e SV;
  • • R$ 5.000,00 for vehicles in groups J e BL;
  • • R$ 6.000,00 para veículos do grupo SL;

 

  • • As a promotional group, the values of the Mandatory Participation for vehicles belonging to the group L will be available for consultation at Unidas stores and on the website www.unidas.com.br. 

 

This kind of protection has the following coverages: 

 

  • • Occupants of the vehicle rented: coverage for injuries to the occupants of the vehicle rented in the event of an accident up to the limit of R$20,000.00 per passenger; 

 

  • • Third Parties: partial coverage of up to R$30,000.00 for property damage and up to R$50,000.00 for injuries in case of accidents with the vehicle rented involving third parties, regardless of the number of people in the third party's vehicle or involved in the accident. 

 

h) Super Zero Protection (SZP) Partial risk coverage in case of accident, fire, theft, robbery, total loss and small damages, also injuries to the occupants of the vehicle and material and injuries for third parties, but with exemption of Mandatory Participation.

 

8.2. The Renter shall have to comply with all obligations set forth in item 7 hereof in order to be entitled to the coverages described in the protections above. 

 

8.3. Specifically regarding the Super Protection (SP), the Junior Protection (JR) and Protection to the Occupants of the vehicle rented and to Third Parties (POT), in order to qualify for the coverage contracted, in addition to compy with the obligations under item 7 hereof, the Renter, the Occupants or Third Parties must submit to the Rental Car, on a single occasion, the proof of expenses related to the vehicle rented and to the accident that it is directly involved, as other evidence can not be added after opening the process of examining the application for refund. 

 

8.3.1. The actual reimbursement of the expenses shall be made up to the limit of the amount contracted by the Renter and provided that such expenses are substantiated by documents and they are directly and solely related to vehicle rented or to the accident in which it is directly involved. 

 

8.3.2. The actual reimbursement of the expenses shall be made to Third Parties up to the limit of the amount contracted by the Renter, and provided that such expenses are arising out of an accident caused by the vehicle rented. Such expenses shall be substantiated by documents under item 8.3 above. 

 

8.4. If the vehicle rented is returned with small damages or any part or accessory missing, the Renter will be charged for the damages based on a list of prices provided by the branch up to the limit of the mandatory participation. 

 

8.4.1. In case of damages, the maximum value charged shall be the mandatory participation, corresponding to the protection contracted. In case of failure to return a part or accessory, or the return of defective parts or accessories, their full value will be charged, as set at a list of prices provided by the branch. 

 

8.5. It is noteworthy that the tires and accessories of the vehicle rented, as well as vandalism, riots, strikes and other public disturbances, damages and events caused by natural phenomena are not covered by any of the protections offered by the Rental Car. 

 

8.6. The right to coverage will be lost, FOR EXAMPLE, where the Renter, his/her representative or Additional Driver(s): 

 

a)Do not immediately communicate to the Owner any occurrence with the vehicle rented as set forth in section 7.4 hereof;

b)Do not respect the conditions relating to the protections contracted;

c)Infringe any rule of the traffic laws in force, regardless of whether or not specified herein;

d)Do not perform the payment of the mandatory participation mentioned in item 8.1 hereof;

e)Do not fill in the Accident Form which can be obtained at any store of Unidas Store Chain in the event of any occurrence;

f)Act with lack of zeal or misuse of the asset rented, which can be proved by a certificate provided for a repair shop or a car dealership;

g)Act with negligence or recklessness while driving the vehicle;

h)Disrespect the conditions set foth in item 10.5 hereof;

i) Driving or using the vehicle in any of the situations described in section 7.6 herof;

j) Participate with the vehicle rented in contests, bets, "street racings" and other speed events; or is (are) drunk;

k) The driver of the vehicle rented is not properly identified in the Statement, including permission to drive the vehicle rented, at the time of the accident or theft;

l) In case of misappropriation of the vehicle rented or if the occurrence  of fraud is found out. 

 

8.7. In case of loss of entitlement to the coverage contracted, the Renter must pay all liens arising out of any event with the vehicle rented and its consequences, including to third parties harmed, in or out of court, whether due to injuries property or moral damage. 

 

8.7.1. Even if the Renter loses the right to the risk coverage hired the amounts referred to the daily protections will be due, which will be calculated until the date on which the Owner becomes aware of the event that causes the loss. 

 

8.8. If there is a loss of the protection contracted or there is surplus of indemnity amounts contracted, the Rental Car may arrange for the recovery of the vehicle(s) and/or indemnify any third party(ies) involved in an accident of Renter's liability, charging all amounts spent, as set forth herein. 

 

8.9. The payment of the mandatory participation mentioned in item 8.1 hereof and in the information booklets and/or charges in force do not depend on the Renter, Representative or Additional Driver(s) having acted or not with malice or negligence in the accident that caused the obligation of the mandatory participation to be paid, which should always be paid by the Renter, even if the Owner receive for the damage occurred in the rental vehicle. This mandatory payment to be performed by the Renter represents his/her recourse in the coverage due. 

 

8.9.1. The payment for the mandatory participation and/or current fees mentionned on item 8.1 herein and in the information booklets will be due in case of theft or robbery if rented vehicle, regardless its recovery. 

 

8.9.2. Should the Car Rental provide the Additional Driver, the mandatory participation mentioned above shall only be owed in cases when the Additional Driver has not contributed for the accident. 

 

8.10. If Lessee does not hire any Unidas' coverages available, it shall pay a guarantee, at the withdrawal of vehicle, in the amount of:

 

- Groups A and B: In case Lessee does not hire the coverage of the vehicle, the payment of the pre-authorization shall be in the amount of R$ 7,000.00;

- Groups S, S, D, E and G: In case Lessee does not hire the coverage of the vehicle, the payment of the pre-authorization shall be in the amount of R$ 9,000.00;

- Groups F, AT and I: In case Lessee does not hire the coverage of the vehicle, the payment of the pre-authorization shall be in the amount of R$ 12,000.00;

- Groups J and LX: In case Lessee does not hire the coverage of the vehicle, the payment of the pre-authorization shall be in the amount of R$ 15,000.00; 

 

8.10.1. In this case, Lessee shall be fully responsible for any damage the rented vehicle or its passangers may eventually incur, as well as any damage ocasionally caused by third parties.

 

8.11.The guarantee referred to in item 8.10 above may not be sufficient to cover all damages arising out of the responsibility assumed, and he/she can, therefore, be requested to pay any differences. 

 

8.12. The parties have established and agreed upon that the Car Rental shall not grant any covering for moral damages. 

 

9. TERMINATION 

 

9.1. The agreement shall be automatically terminated if the vehicle is not returned on time, date and store previously set in the Statement, with the consequences set forth in section 5.6 hereof. 

 

9.2. At Owner's sole discretion, if found that the Renter, his/her Representative(s) or Additional Driver(s) is (are) using the vehicle in any of the ways described in items contained in item 8.6, the Car Rental may consider the Agreement terminated, regardless of any notice, and may, without further formalities, proceed to payment and recovery of the vehicle, for which the Renter shall be entitled to no indemnification. 

 

9.3. The Agreement may also be closed in cases of default, by either party, of the contractual obligations assumed herein, without prejudice to any claim for losses and damages. 

 

10. GENERAL PROVISIONS 

 

10.1. The Renter, in his/her turn, is aware and acknowledges that the rental car system that operates under the brand "Unidas Rent a Car" is comprised of a diverse set of legal entities, each one with administrative, financial and legal autonomy, reason why he/she undertakes to address any claims, whether legal or extralegal, only against the company whose name appear in the Statemmet of the rental under dispute. 

 

10.2. The company named as Owner in the Statement shall be solely responsible for the operation, and there is no kind of solidarity, whether contractual or statutory, among the other companies operating under the flag "Unidas Rent a Car", "Alamo"  and "National Car Rental".

 

10.3. Under Article 265 of the Brazilian Civil Code, THERE IS NO SOLIDARITY, whether contractual or statutory, between the Owner and the Renter, reason why the Renter takes unattended possession upon the rental and the actual check-out of the vehicle for all legal purposes, being liable for any indeminifications arising out of the use and movement of the vehicle, whose responsibility shall endure until the effective return of asset rented. 

 

10.4. If the Renter is a legal entity, it will respond for all acts committed by its Employee, Agent or Representative. 

 

10.5. The vehicle rented may only be used in Brazil, and an express consent of the Owner is required in order to the vehicle enter into another country. 

 

10.6. If provided the authorization referred to in item 10.5 above, the Renter shall bear the respective costs and shall automatically lose any coverings contracted, since the Renter is aware that there is no coverage while the vehicle is outside the Brazilian territory.

 

10.7. The Owner acknowledges and agrees that if any traffic violation occurs in the period when the vehicle is under his/her responsibility, his/her name will be nominated as the driver before the relevant Transit Authority. But, in the event of an omission of the Transit Authority as to the procedure and/or the collection of traffic tickets directly against Owner, it shall grant it the right to charge the Renter of what it has paid, plus charges provided for in items 4.1 and 4.2. 

 

10.8. The Renter empowers the Owner with rights to fill in the data regarding the "Driver presentation" provided for under CONTRAN Resolution 404/12, even signing on his/her behalf, if a written statement concerning a traffic offense has been drawn up while the vehicle was in his/her possession and responsibility, and the Owner undertakes to submit a copy of the Rental Agreement to the transit authority. 

 

10.9. If the Renter is a legal entity and the vehicle rented gets a traffic ticket, it will be required to indicate the driver of the vehicle at the time of the offense, in compliance with paragraphs 7 and 8 of Article 257 of the Brazilian Traffic Code, it being understood that no indication of the driver will generate the transfer of the aggravation of the traffic ticket to the Renter company, regardless of other comminations reasonable. 

 

10.10. No arguments on the merits or dismissal of the traffic offenses enforced shall apply. The Renter may, at his/her discretion and expenses, appeal of the traffic tickets before the relevant Transit Authority, which shall not exempt him/her from the payment of the traffic ticket, but will give him/her the right to a refund if the appeal is upheld. 

 

10.11. The Renter/Representative declares that his/her data and the Additional Authorized Driver(s) data are true, accounting for them under penalty of law. In order to facilitate the verification, negotiation and business transaction processes through information about him/her received in advance, he/she authorizes the filing of such personal data before SERASA S/A and SPC [Service of Credit], which can be used, and the information stored may be disclosed, to whom it may lawfully concern. The consummation of the rental may be subject to Renter's credit review and approval, upon the execution of the agreement. 

 

10.12. The Renter agrees that the signature of the Statement implies knowledge and full compliance for him/herself, his/her heirs and successors to the clauses hereof and authorizes the Ownerto reserve in his/her credit card a value at least equivalent to the estimate of expenditure regading the rental contracted. 

 

10.13. The parties declare to be aware and agree that the closing of the Statement do not fully settles the obligations therefrom, hereby assured that the Renter(s) and the Additional Authorized Driver(s) may be charged later in order to bear values arising from damages, traffic tickets and other expenses caused by reason of his/her omission, negligence, carelessness or misuse of the vehicle while it was in his/her possession. Such collection can be performed through another Statement, which will follow the same form of billing and collection of the previous Statement.

 

10.14. Having the parties established and agreed upon that the signature(s) executed by the Owner, Representative(s) and/or Additional Authorized Driver(s) in the Statement and in the Terms mentioned in item 10.16 below implies in knowledge and full agreement by themselves, their heirs and successors to the provisions hereof, such signature(s)/initial(s) being valid for all legal intents and purposes as if transcript in the Agreement(s) subsequently closed and other(s) eventually opened to proceed with the rental. 

 

10.15. The Renter acknowledges that Owner's liability for damages is limited to those contractually adjusted, and that it shall bear the exceeding financial burden, in or out of court. 

 

10.16. In addition to the items already mentioned, the information booklets and/or charges prevailing at Unidas Chain of Stores, the Terms of Delivery and Return of Vehicle "Inspection Form", which will be filled in at the time of delivery/return of the vehicle, in which the conditions and status of the vehicle will be emphasized, are also integral parts hereof for all legal purposes, having the parties established and agreed upon that any damage/breakdowns verified shall be charged as agreed. 

 

10.17. All amounts, charges and expenses of the rental are net and due debts payable in cash, subject to foreclosure. 

 

10.18. Any tolerances by the Owner to the Renter in compliance with the obligations in this instrument constitute mere liberality, not constituting novation in any way, and the other terms and conditions contracted herein shall remain intact. 

 

10.19. In case any item hereof is declared null, the others will remain valid and in full application. 

 

10.20. In case of conflict, this Agreement shall prevail over any other document regulating the matters set forth herein. 

 

10.21. The court of Renter's domicile is elected as the jurisdiction to settle any dispute arising out hereof, and the parties waive to any other, no matter how privileged it may be. 

 

10.22. For the purposes of public knowledge and in order for it to have the effects mentioned in Article 221 of the Brazilian Civil Code, this document was recorded on the 6th Notary of Register of Deeds and Documents of the Capital - SP, microfilm No. 1765470.

 

10.23. The terms and conditions of this CAR RENTAL AGREEMENT AND OTHER COVENANTS may be changed without notice and, in case of an argument, the last registered version shall always prevail over the others. 

 

 

Version January/2015.

 

Contrato de Alquiler de Vehiculo