Car Rental - Contract | Referência Real Estate


PRIVATE VEHICLE LEASE AGREEMENT (S) AND OTHER CONDITIONS.   Which among them celebrate: REFERÊNCIA LOCADORA DE VEÍCULOS LTDA., a legal entity governed by private law, registered with the CNPJ under number 85.490.746 / 0001-83, headquartered in the city of CURITIBA, State of Paraná, represented in this act in the form of its articles of association and amendments, hereinafter referred to as LANDLORD and, as LESSEE CLIENT, hereinafter simply called AREA, the natural and / or legal person identified in the VEHICLE LEASE PROPOSAL (S), whose document (s) duly signed (s) by the person entitled, is part of this contract, having each other fair and agreed upon by the following clauses and conditions, which they mutually accept, namely:   1 - OBJECT.   1.1 - The occasional lease (s) and / or monthly lease (s) of the VEHICLE (S) of property, possession, use or enjoyment constitutes the object (s) of this contract. LANDLORD ao AREA, as specified in the VEHICLE RENTAL PROPOSAL (S) (hereinafter simply RENTAL PROPOSAL), and accepted by the AREA upon receipt (s) and signature (s).  
  • - The expression “vehicle” means: self-propelled (s), rented (s), including tires, tools, equipment, accessories, plates, keys, vehicle (s) document (s), in perfect condition that is located, whose requirements, conditions and other specifications are all mentioned in the PROPOSAL (S) FOR LEASE and other related documents signed by the AREA, which are part of this private lease and other conditions.
  1.1.2 - The eventual and / or monthly rental of a vehicle may be destined to legal entities or to individuals, an option that will imply to the AREA the observance of the respective and specific responsibilities, according to the contracted lease modality.  
  • - THE PROPOSAL FOR LEASE contains a statement from the AREA accepting unconditionally and unconditionally all the clauses and conditions of this contract, as well as confirmation of having received a faithful and full copy of the same and the PROPOSAL FOR LEASE.
  • - The rented VEHICLE will be fully identified in the PROPOSAL for LEASE with its conditions upon delivery at the Vehicle Inspection.
  • - Upon signing the vehicle delivery inspection, the CLIENT undertakes to carry out a new inspection at the end of the lease, together with the LESSOR, and by not doing so, the CLIENT agrees that the inspection will be carried out exclusively by the LESSOR, the CLIENT being unable subsequently question the survey carried out.
  • - It is stipulated by mutual agreement between the contracting parties that the duties and obligations contained in the PROPOSAL (S) and in the LEASE AGREEMENT in relation to the AREA, fully bind in all their clauses, paragraphs and conditions the driver of the vehicle indicated by the AREA, assuming this, in solidarity in relation to the indicated driver, full responsibility CIVIL AND CRIMINAL for the conduct and information provided to LANDLORD, as well as personal information regarding the indicated driver, contained in this contract, attesting that they are properly qualified under the current legislation.
  • - For its part, it remains to be stipulated that the indicated driver will respond jointly with the AREA for any and all debt arising from this LEASE AGREEMENT / LEASE PROPOSAL.
    2 - RECEIPT AND RETURN OF THE VEHICLE TO THE LESSOR - FINE COLLECTION IN THE EVENT OF FAILURE TO COMPLY WITH THE VEHICLE'S DELIVERY CONDITIONS.   2.1 - The CLIENT and / or designated driver hereby declare (m) that they have received (ram) from LANDLORD the vehicle and that after verification it agrees that it is in accordance with the completed survey, fully equipped, in perfect conditions of cleanliness, operation and conservation, committing to deliver it to the LESSOR, within the opening hours of the store, in the same condition and conditions in which it was received, up to the maximum term of this contract, excluding only tire wear from normal use of the vehicle.   2.1.1 - If the return of the vehicle occurs unaccompanied by the circulation documents and / or keys the CUSTOMER will be charged, as a fine, in both cases, the amount equivalent to 01 (one) current vehicle rental daily, for each of the infractions committed, in addition to the payment of the expenses necessary to obtain a new copy of the documents and / or for making a copy of the keys, plus the respective administration fee (s) provided for in item “4.2”. - The CRLV (Certificate of Registration and Vehicle Licensing) provided by DETRAN containing the vehicle data, in addition to its situation before the IPVA / MANDATORY MANDATORY, is understood as circulation documents.    2.1.2 - If, when returning the vehicle, it is not in the condition of delivery cleanliness, the CLIENT will be charged, considering the condition of the vehicle, simple or complete washing fee, according to the price practiced at the time, which must be added of the respective management fee, as well as the price of a daily rental in the event that the duration of the washing compromises a new lease that would start on that date. - In case the vehicle returns to the store during the rental period to carry out the required mandatory inspections and when there is a need to wash it, the CLIENT and / or the indicated driver will be charged the respective washing rates.  
  • .3 - O AREA and indicated driver declare themselves (s) responsible for possible misuse, or improper use of the vehicle for as long as it is under their custody (s), as well as for damages, even if verified after the inspection verification of the vehicle's external conditions, without a new lease having been made.
  • - The AREA and / or indicated driver declares (m), upon receipt of the vehicle, that the LANDLORD delivered it with the fuel tank according to the quantity informed in the PROPOSAL FOR RENTAL, and the vehicle must be returned in the same quantity conditions in the same location as the vehicle's collection.
  • - In the event that the vehicle is returned with a smaller amount of fuel in relation to the delivery, the fuel difference will be charged according to the values ​​established per liter contained in the rental proposal.
  • - If the vehicle is delivered and / or returned by the CLIENT or designated driver outside the store LESSOR REFERENCE in any circumstances, the amount required for the return at any branch of the LESSOR shall apply for the purpose of charging the fuel and charging the rate of return established in the price table of the LESSOR. LESSOR REFERENCE.
  3.1 - O with special needs for driving motor vehicles, as long as duly qualified as such, you should consult the LANDLORD so that it checks the availability of vehicles adapted or adaptable to your needs.   3.2 - The foreign drivers must submit to the requirements and determinations of the Brazilian Traffic Code and the Internal Transit Organs - CONTRAN e DETRANS.  
  • - The lease amount will be the total amount corresponding to the sum of all items ascertained at the closing of the lease. PROPOSAL FOR LEASE, such as: daily rates, extra mileage, overtime, delivery and return fee, services, fuel, breakdowns, traffic violations, fines, towing and / or towing services in the event of an accident and / or defects caused by misuse of the vehicle, expenses with daily rates and fees charged by transit agencies, expenses for services provided by lawyers and / or dispatchers for the release of the vehicle, fee for lost documents, fee for lost keys, administration fees and any other fees or taxes that may come to be instituted by municipal, state or federal authorities, and financial charges in case of late payment, but not limited to these.
  • - The LESSOR may charge for the provision of any services, daily, the administration fee in the percentage of up to 20% (twenty percent), the values ​​of which will become payable simultaneously to the refund / payment by the CLIENT to the LESSOR of the value of each service provided.
  • - In case of early return monthly rental, the charge will be made as follows:
  • - Before the 25th day, it will be charged according to the value of the eventual rental tariff, considering the number of days actually leased;
  • - After the 25th day, the total amount of the contracted monthly fee will be charged.
  • - After finishing the first month of rental, the AREA and / or indicated driver will pay the daily rate in a pro-rata form.
  4.5 - In the event of an occasional / daily rental, the early or postpone return of the vehicle will result in the AREA and / or indicated driver the duty to pay the daily rate provided for in the current table, considering the effective rental period, considering the progressive prices charged.    
  • - The daily rates will be paid by credit card, in advance when opening the rental proposal. If there are surpluses, they will be charged when returning, or during the lease, by credit card or bank charge.
  • - For installment payments, may the LANDLORD, if deemed necessary, require at any time a guarantee for future payments, with the result that the AREA and / or indicated driver hereby declares to accept and be in full agreement.
  • - The LESSOR is hereby authorized to collect all amounts due under this contract, being able to make it through bank or automatic debit or via credit card provided by the CLIENT and / or driver indicated in the act of hiring the lease, even if eventual expenses are determined after the return of the vehicle, it is incumbent on the LESSOR to notify the CLIENT and / or indicated driver about the debit made.
  • - It is not possible to charge in the forms and conditions of item "5.3.", Including in relation to the amounts that became due after the return of the vehicle, or if there is no pronouncement of the AREA about the notification made by the LANDLORD, IN THE DETERMINED TIME, about the debit, or even in case of non-reception by the LANDLORD any justification given by the AREA, the LANDLORD may issue a tax document relating to the amounts corresponding to the debts, with the consequent issuance of a duplicate, leaving it free to proceed with the collection by all legal means admitted, including requesting the drawing up of protest of the title, as well as forwarding the name of the AREA and / or indicated driver credit restriction registrations, by prior notification at the address (es) provided in the PROPOSAL FOR LEASE.
  • - The CLIENT, in the case of an individual, undertakes to keep its residential or home address updated and, in the case of a legal entity, the address of its head office or branch, and must immediately inform any change to the LESSOR, under penalty of characterization. breach of contract and the filing of the competent judicial measure.
  • - The designated driver is also obliged to keep his home or home address updated, incurring the same sanctions provided for in the previous clause in case of non-compliance.
  • - In the need to return any amounts to the AREA and / or indicated driver, except in the event of credit availability for future leases, payment will be made by the parent company LANDLORD up to a maximum period of 5 (five) business days, counting from the confirmation of the settlement of all pending issues related to the AREA and / or indicated driver, by crediting a current account held by him / her indicated (s).
  • - In the same period mentioned in the previous item, in cases where the lease payment has been made by credit card, with the possibility, LANDLORD will partially reverse the charge on the card, so in this case it will not be necessary to refund amounts to the AREA.
  5.8 - It is considered by LANDLORD as a grace period, the first 60 (sixty) minutes subsequent to the time determined for the return of the vehicle. After this grace period has elapsed, they agree that the delay in returning will result in an additional charge being charged, as follows: a) 1/5 (one fifth = 20% of the daily rate), per hour of delay, up to the limit 2 (two) hours; b) an extra night if the delay exceeds 2 (two) hours when the hour of tolerance will be charged.   5.9 - The delay in payment will imply a fine of 20% (twenty percent), of the total amount due, as well as the incidence of monetary correction according to the variation of the IGP-M (General Market Price Index, released by FGV - Getúlio Vargas Foundation), and interest on arrears in accordance with the provisions of art. 406 of the Civil Code, that is, due to the monthly variation of the rate that is in effect for the late payment of taxes to the National Treasury, the reimbursement of expenses and legal or extrajudicial costs, made by LANDLORD, to receive the amounts due, in addition to extrajudicial attorneys' fees in the percentage of 10% (ten percent) and judicial fees in the amount of 20% (twenty percent), both to be levied on the total amount of the debt.  
  6.1 - It is the one contained in the PROPOSAL (S) FOR LEASE, where they are expressly indicated at the beginning and end dates of the lease.   6.2 - The extension of the lease now contracted will only be allowed upon the prior and express agreement of the LESSOR, the CLIENT being obliged to inform it, in writing, via email, at least 24 hours before the contracted delivery date.   6.2.1 - Failure to comply with this obligation and not returning the vehicle at the end of the term, characterizes the illicit possession of the vehicle, as well as misappropriation, giving rise to the immediate repossession of property, without prejudice to your liability for losses and damages to which it gives rise. , in addition to the payment of rents for the excess days used, in the values ​​then in force, as well as a contractual penalty of 20% (twenty percent), calculated on the total value of the contract, remaining the AREA responsible for civil and criminal sanctions, as well as bear all legal or extrajudicial expenses that the rental company has in the search, seizure and effective reintegration of the rented vehicle.   6.2.2 - In case of non-compliance with item 6.2, the CLIENT will lose the right to any discounts, promotional prices granted in the lease proposal.   6.3 - When the CLIENT wants to change the lease modality (occasional / monthly / occasional), he must appear at the LESSOR to formalize this change in the lease proposal.   6.4 - Regardless of the form and conditions of the vehicle return, for purposes of delimiting the responsibilities of the AREA and / or indicated driver on the car, the closing of the lease is considered to be the moment when the vehicle is returned to the direct possession of the LANDLORD.   6.5 - IN THE EVENT OF THEFT, THEFT, FIRE, COLLISION OR TOTAL LOSS OF THE VEHICLE, it is considered for the purpose of closing the "rental period" the date of delivery of the Police Report and Internal Accident Report, na LANDLORD, together with the vehicle keys and document (CRLV), also providing data on possible witnesses, the police officer who attended and other information that contributes to clarifying the claim. In the event of an accident, the AREA and / or indicated driver provide copies of the third party's documents and other information, including: Driver's License and Vehicle Registration and Licensing Certificate, telephone (s) and address (es) of the victim (s) and the third (s) ( s). Case or AREA and / or indicated driver does not meet (all) the requirements of this item, is (are) fully responsible for the payment of the total amount of the loss, including loss of profits.   6.5.1 - It is considered TOTAL LOSS of the vehicle when the sum of the values ​​of the repairs necessary for its reuse exceeds the amount equivalent to 50% (fifty percent) of its market value. Market value means the sale value of the FIPE table.   6.6 - In the event that the vehicle is returned outside the LESSOR's opening hours, and as a way to avoid being charged a new daily AREA and or indicated driver, can the LANDLORD, exceptionally, receive the vehicle without conducting the survey, agreeing the AREA and / or indicated driver, as of now, that such procedure be carried out on the subsequent business day at the first opening hours, when it must be present to accompany the act, not being able to oppose any claim regarding any damages not found in the act of return, so failure to attend will imply full acceptance of the survey terms.   6.7 - The Lease Proposal / Contract may be terminated 24 (twenty-four) hours in advance by the LESSOR, during the rental period, and the vehicle must be returned to the location indicated in the lease opening proposal.   7 - OBLIGATIONS OF THE LESSOR.   7.1 - Deliver to AREA and / or indicated driver the rented vehicle, or similar, duly overhauled, cleaned and in perfect conditions of use, as well as accompanied by the necessary documents for its free circulation in national territory.   7.2 - Provide telephone service to AREA and / or indicated driver, in case of breakdown or mechanical defects in the leased vehicle, as well as clarify any doubts that may occur in relation to this lease, through the Head Office or its nearest branch or 0800, whose: locations, addresses, telephones, appear in the final part of the booklet that is in the glove compartment of the vehicle rented in the item: (stores, service locations and contacts).   7.3 - A LANDLORD does not offer a warranty in addition to those offered by the vehicle manufacturer, nor does it refrain from doing so when the vehicle is used improperly or outside of urban roads and official roads.   7.4 - Carry out, at your expense, the replacement of the vehicle's tires every 40.000 (forty thousand) km run, regardless of whether such distance has been covered exclusively by the AREA and / or indicated driver.     8 - OBLIGATIONS OF THE CLIENT AND THE INDICATED DRIVER.   8.1 - Drive the vehicle safely and cautiously, respecting the laws and traffic authorities and, guaranteeing the material integrity of the vehicle, equipment and accessories that compose it, parking it only in closed garages or parking lots that have insurance against theft or theft , under penalty of not doing so, be fully responsible for the payment of compensation to the LESSOR, without the right of any discount or refund, regardless of the benefit granted.   8.1.1 - It is the responsibility of the CLIENT and / or the driver indicated to observe the existence of restrictions on the circulation of vehicles arising from rotation, in locations where there are local Municipal laws in these directions.   8.2 - Use the vehicle only in National Territory, being expressly prohibited to cross any international border with the rented vehicle.   8.3 - It is expressly forbidden for another DRIVER to drive the rented vehicle, not linked to the rental proposal.   8.4 - In the event that the vehicle is unable to travel, or that its operation may generate greater losses, whether due to mechanical defects or accidents, the CLIENT and / or indicated driver undertakes to provide, by all means that ( s) it is available, the collection of the damaged vehicle to a safe place, activating the 24-hour ASSISTANCE in order to avoid further damage or acts of vandalism. The CLIENT and / or designated driver is responsible for all costs of transportation and / or transportation of the vehicle from the accident site to the nearest BRANCH, regardless of the benefit granted.   8.5 - The CLIENT and / or designated driver are entirely responsible (POST THAT THE FOLLOWING ITEMS ARE NOT COVERED BY THE VMI - MINIMUM INDEMNIFICATION / PARTICIPATION AMOUNT), equipment and accessories (headlights, lanterns, internal and external rear-view mirrors, radio / CD / mp3), tires, iron or alloy wheels, triangle, wheel wrenches, vehicle manual, trunk cap, jack compatible with vehicle weight and load, fire extinguisher, cigarette lighter, crankcase protector, battery, fiber hoods, vehicle keys, upholstery, hubcaps, antenna, complete spare tire, set of carpets, sunshades, damaged seats and linings, glass including damage to the windshield, grills and documents of the CRLV vehicle ), and cannot be replaced or rendered useless, unless expressly authorized by the LESSOR.   8.6 - It is the responsibility of the CLIENT and / or the indicated driver to comply with the requirements contained in the vehicle's manual regarding revisions and preventive maintenance, so he must immediately notify the LESSOR so that the necessary measures are taken to guarantee the regular operation of the vehicle. , under penalty of holding the CLIENT responsible for the damage caused to the vehicle and engine before the LESSOR, including in the event of loss of the factory warranty, a situation which the CLIENT and / or designated driver will answer (ão) for the costs of all the revisions that are made necessary, plus a fine of 20% (twenty percent), without prejudice to the indemnity for loss of profits and other contractual and legal penalties.   8.7 - It remains forbidden to the CLIENT and / or indicated driver to carry out any repairs or services on the vehicle without the prior and express authorization of the LESSOR, who will not be responsible for the refund of any amounts paid in such a case if the contracted conditions are not observed.   8.8 - Make the punctual payment of the amounts involved in the lease.   8.8.1 - In the event of non-compliance (s), default (s), accident (s), accident (s), violation (s), under the terms of this particular vehicle rental agreement (s) and other conditions, the rental company you can block the vehicle (s) and / or collect the vehicle (s) delivered on lease, regardless of any warning (s) / notification (s), The CLIENT and / or driver indicated herein already agrees (m), authorize (s) free and spontaneous (s) will (s) and without any type of coercion (s) or addiction (s) of will (s) / consent (s) ).   8.9 - It is the responsibility of the CLIENT and / or the indicated driver to inform the RENTER when the vehicle tire (s) reaches 40.000km or reaches the wear limit indicated by the manufacturer (TWI - Tread Wear Indicator / IDR - Indicator Shooting Wear).   8.10 - It is the responsibility of the CLIENT and / or the indicated driver to immediately inform the LESSOR about any event that occurred with the vehicle, namely: theft, theft, accident, breakdown and necessary repairs.   8.11 - During the term of this contract and its possible extension / renewal, the CLIENT and / or INDICATED DRIVER undertakes to use the vehicle with a valid driver's license (CNH - National Driver's License) and regular, as well as always traveling in the possession of the CRLV (Certificate of Registration of Vehicle Licensing), in perfect physical and psychological conditions, observing the current traffic legislation, the conditions of use and maintenance recommended by the manufacturer in the “Vehicle Manual ”And the LESSOR'S guidelines for the normal and prudent use of the vehicle.   8.12 - Do not transfer, lend or sublet under any pretext, the vehicle leased to third party (s), foreign to the contractual relationship, without the prior authorization of the LESSOR.      9 - FROM FINES FOR INFRINGEMENTS TO THE BRAZILIAN NATIONAL TRANSIT CODE.   9.1 - Upon receiving the notification for the indication of the driver of the traffic ticket, rotation tickets, and infractions, LANDLORD is hereby authorized to indicate the AREA or indicated driver through the TRANSIT FINANCE RESPONSIBILITY TERM.   9.1.1 - In the event that the LANDLORD is unable to indicate the offending driver, the AREA and / or indicated driver should (s) make the indication to LANDLORD within a maximum period of 5 (five) days from the receipt of the notification, by LANDLORD, under penalty of bearing any cost imposed and under penalty of incurring the penalties provided for in the National Traffic Code.   9.1.2 - The LESSOR is authorized by means of a communication, to charge the fine plus 20% (twenty percent), plus the postage fee for the driver's indication, by credit card or bank collection due on presentation.   9.1.3 - The filing of an administrative appeal with the competent Transit Authority, against the imposition of the traffic violation, does not constitute a reason for non-payment of the corresponding fine, or extension of the payment period described in the previous item. - The filing of an administrative appeal with the competent Transit Authority, against the imposition of the traffic violation, is the responsibility of the AREA and or indicated driver, including in terms of costs, with the LANDLORD exempt from following the process with the transit agency, being the responsibility of the AREA and / or indicated driver inform the LANDLORD when its outcome.     10 - PROHIBITIONS FOR USE OF THE VEHICLE.   10.1 - The use and driving of the vehicle is prohibited:  
  1. a) For the transportation of cargo or passengers, by charging of any kind, or the transportation of people or goods, even if free of charge, in addition to the capacity informed in the technical specifications of the vehicle;
  2. b) In speed tests, cracks or competitions of any nature; for the transportation of fuels, explosives or any other flammable material, of products prohibited by law, as well as for any other purpose incompatible with the purpose described in the PROPOSAL / CONTRACT;
  3. c) For use incompatible with the characteristics of the vehicle or in disagreement with the purpose of the lease;
  4. d) In the prohibitions contained in the National Traffic Code;
  5. (e) squeeze, push and / or tow other vehicles;
  6. f) Any illicit purposes;
  7. g) Political campaign, only with express authorization from the rental company;
  8. h) In conditions unsuitable for traffic on traffic routes that present a risk to the vehicle, such as flooded areas and dunes, as well as other terrains that do not provide security for the integrity of the vehicle.
  9. i) Overcoming international borders;
  10. j) Per driver not linked to the rental proposal.
  11 - EXEMPTIONS FROM LESSOR'S RESPONSIBILITY.   11.1 - The LESSOR does not answer, directly or indirectly, nor indemnify the CLIENT in the following cases:  
  1. For any indemnity for material, moral and / or personal damages caused or suffered by the CLIENT and / or designated driver, and / or its passengers or third parties;
  2. For any indemnity for material, moral and / or personal damages caused by third parties to the CLIENT and / or designated driver, or its passengers;
  3. For goods or valuables left inside the vehicle;
  4. Sudden illness or health problems;
  5. Illicit acts;
  6. Expenses of daily or fees in public or private deposits, in case of seizure of the vehicle or need for custody due to the impossibility of locomotion due to any act attributable to the CLIENT and / or indicated driver;
  7. Moral damages of any kind, lost profits, caused to the CLIENT and / or designated driver, passengers, authorized drivers and third parties;
  8. Loss of profits caused to third parties;
  9. Expenses of any kind, caused to the CLIENT and / or designated driver and to third parties;
  10. Fuel expenses;
  11. Expenses with traffic tickets;
  12. Professional lawyer services;
  13. Damage to tires and vehicle windows;
  14. Damage to bodywork, paint, upholstery or mechanical parts due to careless use of the vehicle;
  15. Claim occurred outside national territory.
    12 - VMI - MINIMUM INDEMNIFICATION / PARTICIPATION AMOUNT.   12.1 - THE MINIMUM INDEMNITY AMOUNT (VMI / MANDATORY PARTICIPATION) provided for in the lease proposal will be payable by the CLIENT, regardless of his responsibility for the event causing damage to the rental vehicle, as well as in cases of damages to third parties.   12.2 - In the event of a collision or damage to the vehicle, when the quote submitted by the LESSOR for repairs does not exceed the MINIMUM INDEMNIFICATION / PARTICIPATION AMOUNT provided for in the RENTAL PROPOSAL, the CLIENT will be responsible only for the payment of the repairs to be made.   12.3 - In the event of a collision or damage to the vehicle, when the budget submitted by the LESSOR, for repairs exceeds the MINIMUM INDEMNIFICATION / PARTICIPATION AMOUNT provided for in the RENTAL PROPOSAL, the CLIENT will be responsible for the payment of the total amount of the losses, as long as its liability, in which case only the payment of the VMI (INDEMNIFIED MINIMUM AMOUNT) / COMPULSORY PARTICIPATION is not applicable.   12.4 - THE VMI / OBLIGATORY PARTICIPATION CONTAINED IN THIS ITEM DOES NOT HAVE A LEGAL INSURANCE, AND CANNOT BE UNDERSTANDED AS A FRANCHISE, BEING BASED ONLY ON OBLIGATORY RIGHT OF A MANDATORY PERSONNEL AND PERSONNEL BETWEEN CONTRACTING PARTIES.     13 - RESPONSIBILITIES OF THE CLIENT AND THE INDICATED DRIVER.   13.1 The CLIENT and / or indicated driver will be (are) fully responsible for the consequences of the BELOW behavior, and must reimburse the LESSOR for the expenses incurred by it as a result of the event, including the lost profits derived from not using the vehicle.   13.2 - When they fall under any of the PROHIBITIVE OR IMPEDITIVE CLAUSES OR VEHICLE DRIVING FENCES, contained in this RENTAL AGREEMENT, and / or have acted with negligence, recklessness or malpractice causing damage to the rental vehicle or to third parties and / or when the behavior of the CLIENT and / or the designated driver is responsible for the accident.   13.3 - When there remains proven conduct provided for in the Brazilian Traffic Code characterized as serious and / or very serious infractions, among others, citing the following cases, by way of example:   13.3.1 - Safety distance:
  • 29, II (the driver must keep a lateral and frontal safety distance between his and the other vehicles, as well as in relation to the edge of the track, considering, at the moment, the speed and conditions of the location, of the vehicle's circulation and climatic conditions).
  13.3.2 - Accidents and rollover:
  • Article 28 (the driver must, at all times, have control of his vehicle, driving it with attention and care essential to traffic safety)
  • Art. 169 (driving without attention and without the necessary care);
    13.3.3 - Speeding:
  • 218 (transit at a speed higher than the maximum allowed to the location, measured by a skillful instrument or equipment, on highways, fast transit roads, arterial roads and other roads).
  13.3.4 - Compatible speed:
  • 220, VIII, XI (fail to reduce the speed of the vehicle in a manner compatible with traffic safety: under rain, fog, fog or strong winds; under the approach of animals on the track).
  13.3.5 - Going against the grain:
  • 186, (It is forbidden to travel on roads with double direction of traffic, except to overtake another vehicle and only for the necessary time, respecting thereferência of the vehicle traveling in the opposite direction).
  13.4 - Fail to store the vehicle in closed garages or parking lots; leave the vehicle on public or non-public roads at any time.   13.5 - Fail to keep the vehicle's CRLV documentation with you.   13.6 - Failure to present the BO - police report.   13.7 - Failing to fill out the rental company's accident report (Internal Accident Bulletin).   13.8 - Turn off the anti-theft / tracker system.   13.9 - Fail to pay or delay the amounts due to the rental company.   13.10 - Failure to return the CRLV documents, vehicle manual and car keys to the rental company, in the event of theft and accident.   14 - VEHICLE REPLACEMENT.   14.1 - A LANDLORD will not replace the vehicle in the event of payment default of any nature, theft, theft, fire, collision, misappropriation, seizure by the competent authorities.   15 - INDEMNITY.   15.1 - The AREA and / or indicated driver declare (s), agree (s) and are (are) obliged to indemnify the LANDLORD and third parties, of all damages that it (in) causes as a result of misuse, improper use and others, related to the vehicle, due to the terms and conditions established in this contract.   16 - GENERAL CONSIDERATIONS.   16.1 - A LANDLORD does not recognize under any hypothesis and condition, the AREA and / or indicated driver as your agent or agent.   16.2 - This contract requires, in addition to the contractors, their heirs or successors, in the lease signed with individuals. In the case of contracting with a legal entity, in addition to obliging the entities created by virtue of spin-off, merger and incorporation, in the event of irregular dissolution of the company, it will automatically oblige its partners, observing the model of the corporate constitution.   16.3 - This contract will automatically terminate in cases of non-compliance with any of its clauses and / or, terms and / or conditions, with the infringer being obliged to pay, for the innocent party, a compensatory fine of 20% ( twenty percent) of the total value of the contract, without prejudice to other applicable legal and contractual penalties.   16.4 - Any tolerances of LANDLORD towards the AREA and / or indicated driver in relation to the obligations assumed by them in this lease agreement / lease proposal, they will mean mere liberality, regardless of novation under any circumstances or alteration of the clauses and conditions stipulated in this particular instrument and other conditions.   16.5 - In the event of LANDLORD eventually be sued for damages caused to third parties by the AREA and or indicated driver, it is already assured to the LANDLORD, under the terms of art. 70, III, of the Code of Civil Procedure, to exercise their right of return.   16.6 - The AREA and / or indicated driver, hereby agrees to accept any request from LANDLORD, regardless of its procedural form, for her to enter into legal proceedings against her by third parties, victim of an accident caused by AREA and / or indicated driver in the direction of the vehicle, undertaking to recognize in court the limitation of liability of the LANDLORD for the contractually predicted and agreed damages.   16.7 - The AREA and / or indicated driver shall be held fully responsible when they fall under any of the CLAUSES OF THIS RENTAL AGREEMENT / RENTAL PROPOSAL AND ANNEXES.   16.8 - In accordance with current legislation, Complementary Law 116/03; COSIT / DITIR Opinion No. 351/93; Law nº 8846/94, article 1, § 2º and Law nº 9532/97, the rental of vehicles is not subject to ISS taxation, reason why LANDLORD it will only deliver by mail or e-mail the tax document (rental invoice) related to the object of this contract, once it is closed.   16.9 - The AREA and indicated driver is aware and recognizes that the company's car rental system REFERENCE LOCATOR OF VEHICLES it is formed by another legal person from the same economic group (TRANSPORTES GRITSCH LTDA), with financial and legal administrative autonomy. Therefore, it undertakes to resolve judicial or extrajudicial disputes directly with the respective LANDLORD identified.   16.10 - The rights arising from this contract, in relation to the AREA, are totally non-transferable without express consent from the LANDLORD.   16.11 - THE PROPOSAL FOR LEASING, THE PROPOSAL FOR PRICES, SURVEY and other documents, are integral parts of the Vehicle Rental Agreement (s) and Other Conditions, registered with the 4th Title and Document Registration Service and Civil of Legal Entities of Curitiba , Protocol under No. 670.517 and Registration under No. 595.723, on 06/11/2019 and its subsequent amendments and consolidations, the copy of which AREA and / or indicated driver receives (m) in this act, importing its signature as being full, unrestricted and unconditional adherence to all terms contained therein ”.   16.12 - The parties elect the headquarters of the LANDLORD in the city of CURITIBA - PR, as the only one competent to settle any doubts or disputes arising from this contract.   I declare that I have received a copy of the Rental Agreement and am aware of all the Clauses contained therein.