Terms and Conditions of Use
The company “Empresa de Transportes Gondomarense, Lda.”, with its head office at Rua de Montezelo, no. 815, 4510-609 Fânzeres, Portugal, registered at the Commercial Registry Office under the identification number of Legal Person 500 097 763, owns this domain www.uniq.com.pt (hereinafter, UNIQ), whose purpose is the promotion and contracting of rent-a-car services with a driver.
The website allows natural or legal persons to access informative contents on the type and specifications of the vehicles available for the days and services intended by the Customers, as well as the formalization of booking requests.
I . Definitions
1. In these Terms and Conditions the following terms shall have the meanings ascribed to them below:
a) «Companions»: persons indicated and authorized by the Lessee to benefit from the vehicle rental and the UNIQ services.
b) «Driver»: A Lessor employee who provides transport services of people, being duly qualified and certified for this purpose.
c) «Car rental agreement with driver»: a car rental agreement in which the parties agree on the price, payment terms, rental period, and services included.
d) «Personal data»: information relating to a natural person identified or identifiable directly or indirectly through an identifying element, such as name, identification number, location data, or other specific elements of the physical, physiological, genetic, mental, economic, cultural, or social nature.
e) «Lessor»: The company that owns the vehicles which are rented and to whom the users of the Website can request "Bookings" and rent a vehicle with a driver.
f) «Lessee»: a user who enters into a rental agreement with the Lessor.
g) «Profile»: a set of personal data provided by the user for identification purposes, and which are intended for the hiring of vehicles and contracting services.
h) «Price»: the total amount due by the lessee for the rental of a vehicle with a driver, which includes the payment of the rental agreement and the respective taxes.
i) «Booking»: Proposal of service requested by the User for the hiring of a vehicle rental with a driver that depends on the confirmation of the Lessor.
j) «User»: Natural Person or Legal Person which creates a "Profile" on the website.
k) «Vehicle»: a vehicle owned by the Lessor which is to be rented by the users.
l) «Visitor»: Any natural person who accesses the content of the website.
II . Website terms and conditions of use
1. Anyone may freely access the website.
2. Registration on the website and the hiring of the Lessor's services is only allowed to natural persons of legal age or legal persons, provided they have the legal capacity to do so.
3. Proof of civil and/or business identification number of the person in question may be required for the purpose of verifying the legal capacity to use the services or to represent the legal person, under penalty of cancellation of registration.
III. Intellectual Property Rights
1. The contents of this site are protected by intellectual property rights and the user or visitor undertakes to respect such rights.
2. The rights to texts, images, graphics, sound, animation, videos, and all other information and the graphical representation on the website, including trademarks, logos, and symbols are owned by the Company that owns the UNIQ. brand.
3. Users and visitors are not to transmit, publish, modify, copy, sell, use, or distribute in any way the texts, images or other information contained in this website or part of the website without the prior written authorization of the website owner.
4. The infringement of intellectual property rights may result in general civil and / or criminal liability.
IV . Registration and Identification
1. The use of this website presupposes the setting up or the existence of a personal account indicating the user's personal data.
2. The registration on the website is of the user's own free will and requires the knowledge and compliance of the Terms and Conditions of Use.
3. There are certain types of data that are mandatory for this purpose, namely: full name, national identification or passport number, taxpayer number, address, postal code, contact of e-mail and telephone contact, under penalty of not being able to register and use the services available online.
4. Other personal data of users or companions may be required for other specific purposes, which will be requested on a case-by-case basis.
5. The user undertakes to provide their real personal data and to update them whenever necessary due to any change.
6. Registration on the website is obligatory for online booking, without prejudice to the use of other means.
7. The User may also have access to other services and features, namely, to evaluate and comment on the quality of the service provided, subscribe to the newsletter, make special requests, request the alteration of personal data, or access other services.
V . Collection and Processing Personal Data
1. The Personal Data is freely provided by the User who, after being informed on the purpose for which the Data are intended, is to insert the data in online forms suitable for this purpose, indicating them in the respective fields.
2. By entering and sending personal data through the website for the purpose of booking and hiring services, the User expressly agrees that UNIQ. may use them for the formalization and conclusion of a service agreement, the data processing being legal and necessary for the execution of an agreement, pursuant to Article 6 (1) (b) of the General Data Protection Regulation.
3. Personal data may only be processed for purposes other than the previous point, namely for the communication of promotions, newsletters, provision of the data to third parties for statistical or marketing purposes, etc., upon express consent by the user for the specific purpose for which it is intended, which can be done through the opt-in system (Positive selection of the option).
4. UNIQ may collect geolocation data from services provided to lessees.
5. In addition to the situations described in the preceding paragraphs, the processing of the user's personal data is permissible if:
a) considered necessary for the compliance of a legal obligation to which the controller is subject;
b) for the defence of vital interests of the data subject or another natural person;
c) necessary for the purposes of legitimate interests pursued by the controller or by third parties, except if the interests, rights, or freedoms of the holder that require the protection of their data prevail.
6. In certain circumstances which are justified by the manner in which the rental agreement of the Lessor's vehicles is carried out, it may be necessary for the user to provide other personal data, in addition to the personal data required to execute the rental agreement, such as the user's IBAN for purposes of refunding money; the user's photograph; any insurance policies in the user's name; driving license, etc. These personal data will be requested in a case-by-case basis and with an express indication of the purpose for which they are intended, the User's consent being assumed with the response to the Lessor's request.
7. In the scope of the rental agreement's conclusion, the Lessor may provide the user's personal data to the following entities:
a) Tax Authority for invoice purposes;
b) Instituto da Mobilidade e dos Transportes, I.P (Institute of Mobility and Transport), as per the applicable legal regulations;
c) Insurance Companies if an insurance policy or policy activation is needed in case of an event that so requires it;
d) Other commercial companies belonging to the Corporate Group, for the purposes of administrative processing and invoicing;
e) The Lessor's subcontractors to whom competences are assigned that are related to the purposes that justify data processing, specifically, computer engineers or information technology companies to ensure the integrity of the information stored in digital format in the Lessor's storage system; the accountant or accounting firm for billing purposes;
f) courts for the compliance with court orders.
8. The User or Lessee has the right to oppose the collection and processing of personal data, to complain to a supervisory authority, as well as to consult, correct, or request the deletion of personal data, provided it does not conflict with the Lessor's legal obligations.
9. Except in exceptional circumstances arising from the execution of the rental agreement, the Lessor neither transfers nor transmits the users' personal data outside the European Union. Even so, this may only occur with the User's prior request or express consent.
VI . Privacy
1. UNIQ undertakes to process users' personal data only for the purposes for which it has been provided, ensuring total confidentiality.
2. For this purpose, the Lessor fosters measures aimed at the adequate protection of the users' data, preventing improper, accidental, or intentional access and disclosure.
3. In the event of a personal data breach that may create a risk to the rights and freedoms of natural persons, the Lessor's controller shall notify the National Commission for Data Protection, as well as its owner, unless:
a) adequate protection measures have been applied to personal data at a technical and organizational level which renders the data incomprehensible to any unauthorized person;
b) the controller has taken measures subsequent to the breach so as to ensure that the high risk to the rights and freedoms of the owner is no longer likely to occur;
c) a disproportionate effort is made and, in that case, a public communication or similar measure should be taken so that the data subjects are informed in an equally effective manner.
VII . Website Services
The services provided on the website are free for the user, other than in exceptional circumstances that will be duly announced and reserved in the appropriate place.
VIII . Cookies
1. Visits to the website may result in the storage of information on the visitor's computer as "Cookies". Cookies are small text files that are placed on your computer hard drive by websites, that will later remember your data identification when you return to the website.
2. Cookies cannot run any programmes or infect your computer with viruses.
3. According to the User's preferences, the Internet browser service can save the email address and the authentication password at the time of authentication on the website so that the data is predefined, and therefore facilitating the authentication process.
5. If the website Cookies are rejected, you may be unable to access or use some services provided on the website.
6. Cookies can be configured in the browser menu, in "Preferences" or "Tools".
IX . Vehicle Rental Terms and Conditions
The conditions for the rental of vehicles are set forth in the rental agreement which has been entered into freely and voluntarily by both the Lessor and the Lessee.
X. Links to third party websites
1. UNIQ may provide links to websites of other entities.
2. These websites neither belong to nor are operated or controlled by UNIQ and the latter is not liable for and does not approve or otherwise support or endorse the content of those websites, or the websites linked to or referred to therein.
3. UNIQ is not liable for the legality, reliability, or quality of any content made available therein, nor for the compliance with applicable legal rules in relation to the contents available therein, and the use of these links is of the Users' sole responsibility.
XI. Website Operation and Security
1. UNIQ does not guarantee that the Website will operate without interruption, be error-free, or continuously available.
2. UNIQ endeavours to ensure that the website does not contain any viruses or other malicious elements for the computer or device from which users access the website.
3. Notwithstanding the previous paragraph, UNIQ cannot fully control the information on the Internet, nor can it guarantee that the elements available on the website do not contain any virus or damage your computer.
4. In order to ensure the security of the website, UNIQ may, at any time and without prior notice, take the necessary measures to ensure the integrity, security, continuity, or quality of the website, including access restrictions or limitations.
XII. Amendment to the Terms and Conditions of Use
1. UNIQ reserves the right at any time and with immediate effect to change, partially or totally, or update the terms and conditions of use of the services and the website.
2. For the purposes mentioned in the previous point, UNIQ will inform each user registered on the website, by e-mail, about the change and the possibility of accessing the Website and withdrawing the consent for the use of the personal data or its elimination due to not accepting the new rules.
XIII. Applicable Law and Competent Courts
1. The management, administration, use, and application of the Terms and Conditions of Use of the site is applicable to Portuguese law.
2. The District of Gondomar is the exclusively competent forum, with express waiver of any other, for the resolution of any disputes that may arise in regards to these Terms and Conditions of Use.