General Terms and Conditions of Sale
Please read the following information
These general terms and conditions of sale apply to booking requests and agreements entered into through the website www.uniq.com.pt between Empresa de Transportes Gondomarense, Lda. (UNIQ - Car & Driver Exclusive Services), private limited company with registration number 500 097 763, with its head office at Rua de Montezelo, 815, Fânzeres, Portugal, hereinafter referred to as "ETG" and the Lessee, hereinafter referred to as " CUSTOMER".
ARTICLE 1 - PURPOSE AND SCOPE
1. These general terms and conditions are intended to make available and define all the information required by the User regarding the booking requests, the rental and payment methods, as well as the conclusion process of the rental agreements made through the website www.uniq.com.pt
2. The conclusion of the booking request and purchase through the website www.uniq.com.pt implies acceptance of these general terms and conditions of sale.
3. ETG reserves the right to change these general terms and conditions of sale, without prior notice, as well as to modify at any time the information presented on products, prices, promotions, sales conditions, and services, and any changes will always be published on the website www.uniq.com.pt.
ARTICLE 2 - VEHICLE BOOKING
1. The Customer may send his booking request from the on-line catalogue presented on the ETG website, through the purchase process called “checkout”, after using the on-line tool, selecting "purchase".
2. The booking request made through the website or mobile app constitutes a negotiation proposal for the purposes of articles 224, 1, 228 and 230 of the Civil Code.
3. To send the booking request, you should:
a) If you are a new customer, please register on the ETG website, giving all the information requested therein and according to the website conditions of use;
b) If you are an existing customer, please confirm the "authentication" (providing an email and password combination chosen by the Customer at the time of registration);
c) complete the information and choose the options that are available to you throughout the checkout process, specifically customer personal details, such as full name, date of birth, address, passport number, citizen's card number, tax identification number, email address, billing information such as name, address, and tax identification number, and data related to the service you wish to book, such as number of passengers, address of start of service, date and time of start and end of service, number of days/hours you wish to rent for, service details.
4. The booking request made by the Customer is equivalent to the full and complete acceptance of the prices and description of the products available for sale, as well as the general terms and conditions of sale applicable at the moment of the booking request, which will be the only ones applicable to the agreement thus concluded.
5. ETG will accept bookings received on-line as long as vehicles and drivers are available for the chosen dates.
6. Booking confirmation will be made by ETG as soon as possible.
7. The data included in the invoice are of the Customer's entire responsibility and is not susceptible to change after the issuance.
8. The availability shown on the website is merely indicative.
9. The purchase process is only concluded once confirmation of the booking has been given by ETG, at the moment of booking on the website, thus commencing the service agreement with UNIQ. or the Entities with which UNIQ has a Protocol.
ARTICLE 3 - PRICES FOR VEHICLE RENTAL
1. Without prejudice to the vehicle rental general terms and conditions, in agreements concluded through the website, the price includes all inherent services and expenses, namely: vehicle rental with driver, fuel, tolls, and insurance; it does not include any personal expenses or those not previously agreed to.
2. The prices are in Euro, with rates and taxes included, considering the VAT in force on the date of payment of the purchase order.
3. If there is a change to the price lists of products for sale on the ETG website, this situation will require an update of the advertised prices.
4. No refund will be made once the service starts.
5. The prices shown in the checkout process always correspond to the most current prices, however, they should only be considered valid while they are visible on the website on a refreshed page (cache or pages that have not been refreshed may show prices that are no longer in force).
6. The price shown is only guaranteed under these conditions and only after the purchase order has been properly registered and confirmed.
ARTICLE 4 - PAYMENT
1. The cost of the rental and provision of services can be paid in the following ways:
a) credit card (Visa, Mastercard and American Express);
b) bank transfer, provided that the funds are available in the appropriate account before the start date of the rental and service.
2. In the case of payment by credit card, debit will be made immediately after registration of the booking request.
3. If it is not possible to confirm the booking request, the amount will be immediately credited to the CUSTOMER'S credit card or refunded by issuing a credit note.
4. ETG will do everything possible to ensure maximum confidentiality and security in data transmitted over the internet.
ARTICLE 5 - DISCOUNTS
1. There are two types of promotional price offers on the ETG website as percentage discounts on the retail price, which can be seen on several pages, specifically in product listings and search results, by clicking on the actual discount itself.
a) instant discounts - are price discounts that are in effect for a period not previously determined, so these promotions should only be considered valid while visible on the website on a refreshed page (cache or pages that have not been refreshed, may show discounts that are no longer in force). The discount shown is only guaranteed under these conditions and only after the purchase order has been duly registered. This product must be added to the cart and checked out with the promotion visible to guarantee these discounts.
b) campaign discounts - are price discounts that have an effective date. These discounts represent a commitment during the stated period, but always on the condition that the purchase order is concluded by the User, through the checkout, and paid until the end of that period. This product must be added to the cart and checked out with the promotion visible to guarantee these discounts.
2. Placing a product in the cart does not guarantee the price or its discount.
ARTICLE 6 - CANCELLATION AND CHANGES
1. Any booking request made through the ETG website can be freely terminated before confirmation by the Lessor or the service provider, by sending an email in the contact area on the website www.uniq.com.pt, and the User, indicating the email, the number assigned to the invoice, if this document has already been issued.
2. The cancellation or changes to the service can be done without any penalty up to 15 (fifteen) days after the confirmation of the booking by UNIQ, provided that it is at least 15 (fifteen) days prior to the start date of the rental agreement.
3. In case of free cancellation, if the booking price has already been paid, the User may choose one of the following ways for the refund of the amount paid:
a) voucher (valid for use in future purchases on the website www.uniq.com.pt);
b) refund by bank transfer to an account to be indicated.
4. In the event of cancellation of the service for reasons not included in the situations provided in the previous numbers or when the contracted service expressly excludes this possibility, there will be a penalty payment of 100% of the total amount of the contracted service.
5. Any request for changes to the booking already confirmed by ETG is subject to the availability and confirmation in writing by the latter and an additional fee may be applied, as well as a different rate than the one originally contracted.
ARTICLE 7 - SERVICES BY ENTITIES WITH A PROTOCOL
1. As an extra service to the rental of a vehicle, upon prior request by the Customer and express agreement given by ETG, the latter may intermediate the sale of services and goods from companies with which it works, namely:
a) the organisation of guided tours to monuments or places of interest;
b) the purchase of admission tickets to museums, shows, or other events or venues;
d) organisation of playtime activities;
e) bike rental;
f) bookings for places in excursions organised by third parties;
g) restaurant bookings;
h) any other type of activities or services requested by the User and specifically agreed to individually with ETG;
2. The services of entities with a protocol are not those contemplated in the prices of the rental of vehicles and are charged additionally.
3. ETG is not liable for the services or products provided or supplied by Entities with a protocol.
ARTICLE 8 - COMPLAINTS
The User may submit his complaints to ETG by email sent from the contact field available on the ETG website or by registered mail to Rua de Montezelo, 815, 4510-609 Fânzeres, Portugal.
ARTICLE 9 - LIABILITY FOR THE USE OF THE WEBSITE
ETG is not liable for any inconvenience or damage caused to the User by the use of the Internet network, such as: service interruption, external intrusion, anomalies caused by computer viruses, or any other case of force majeure.
ARTICLE 10 - PROCESSING OF PERSONAL DATA
1. ETG, as the controller, will process the User's personal data, the data subject fully understanding that the personal data is a contractual and legal obligation.
2. The User authorises ETG and companies with a protocol to collect and process their personal data required for the provision of services and sale of goods, namely:
c) landline and cell phone number;
d) email address;
e) citizen ID card or other civil identification;
f) passport number;
g) driving licence;
h) IBAN and SWIFT code;
i) place of birth;
j) credit card data.
3. The User undertakes to provide their true personal data and update them whenever necessary.
4. The processing of personal data by ETG is intended to formalise and conclude the service agreement and services and sale of goods, and its legal processing required for the conclusion of an agreement, pursuant to art. 6 (1) (b) of the General Data Protection Regulation. In this scope, the User's personal data processed by ETG are for the following purposes and will be stored during the indicated period:
a) Administrative management of customers, for the conclusion of the service agreement and services and sale of goods, and compliance of legal obligations, namely, provided in Decree-Laws 181/2012 of 6 August and 15/88 of 16 January, during the 10-year period;
b) Management of billing, collections and payment, to carry out the service agreement and services and sale of goods, during the 10-year period;
c) History of commercial relations to comply with legal obligations during the 10-year period;
d) Management and recovery of litigious payments, for the conclusion of the agreement for the provision of services and sales of goods during the 10-year period or, if exceeded, during the entire period of pending legal proceedings and up to one year up to one year after the final judgement;
5. Personal data may only be processed for purposes other than the previous point, namely for marketing actions, promotions newsletters, provision of data to third parties for statistical purposes, or analysis of consumer profiles, etc., if the express consent has been given by the user for that specific purpose.
6. In addition to the situations provided for in the previous points, the processing of the User's personal data is legal if:
a) it is necessary for the compliance of a legal obligation to which the controller is subject;
b) for the defence of the data subject's vital interests or that of another natural person;
c) if it is necessary for the purposes of legitimate interests pursued by the controller or by a third party, unless the interests or rights and freedoms of the data subject that require the protection of their data prevail.
7. ETG or companies with whom it has a protocol may transmit the User's personal data for the indicated purposes to the following entities:
a) Private and public authorities, in the scope of audits, surveys, inspections, and investigations within the scope of their legal powers, namely, police authorities, judicial authorities, public institutes, motorway concessionaires, and tax authorities;
b) Judicial officers and courts, for the purposes of representation, statements, exercise or defence of rights in legal proceedings;
c) Tax Authority for the purpose of complying with tax obligations;
d) Insurance Companies when entering new agreements or already existing policies applicable to the rental agreement;
e) Service Providers for the management of on-line payment systems and fraud prevention;
f) Companies with protocols, other Service Providers and/or other Companies of the same Business Group, when required to comply with legislation, compliance with the service agreement, the management of newsletters, or to ensure the security of the networks and website information.
8. The User declares that he has been informed that he has the right, under current legislation, to oppose the collection and processing of data, the possibility to submit a complaint to the National Data Protection Authority, as well as ways of correcting, consulting and/or removing them, provided that such intent does not conflict with UNIQ's legal obligations.
ARTICLE 11 - NEWSLETTER
1. Newsletter is the name given to email marketing with promotions, offers, and information, sent directly to the User's mailbox provided to ETG on a specific form for this purpose at the time of subscribing. The management of this service is done using Mailchimp.
2. To modify your personal data or suspend the request to receive the Newsletter, you should use the option that cancels the subscription through the email you receive, or ask ETG by email to cancel it.
ARTICLE 12 - PROOF
The Parties agree that the computerised records kept in the ETG computer systems under reasonable security conditions provide evidence of communications, orders, and payments made between the parties.
ARTICLE 13 - PRESERVATION AND ARCHIVE OF TRANSACTIONS
Orders and invoices will be archived in reliable and long-term archives.
ARTICLE 14 - GOVERNING LAW AND FORUM
1. The law applicable to any contractual relationship established through the ETG website is Portuguese law.
2. Decree-Law no. 181/2012 of 6 August is applicable to vehicle rental agreements.
3. An exception to the right to free termination, when agreements are celebrated on the website www.uniq.com.pt, Decree-Law no. 24/2014 of 14 February, is that which is applicable to vehicle rental agreements.
4. The District Court of Gondomar shall have jurisdiction with express waiver of any other for the resolution of any and all disputes arising from any agreement entered into in accordance with these General Terms and Conditions of Sale.
5. In the event of a dispute, the consumer may also resort to the competent Alternative Dispute Resolution Body, namely the Porto Consumer Information and Arbitration Centre, which has the following contacts:
Rua Damião de Góis, 31, Loja 6, 4050- 225, Porto
Tel: +351 22 550 83 49 / +351 22 502 97 91
Fax: +351 22 502 61 09