GENERAL CONDITIONS OF FLEXIBLE LEASING CONTRACTS
These GENERAL CONDITIONS FOR THE CONTRACTING OF VEHICLES IN THE FLEXIBLE LEASING MODALITY (hereinafter, "General Conditions"), will regulate the contractual relationship between OTHMAN KTIRI RENT A CAR PORTUGAL, S.A. (hereinafter, "OK MOBILITY")and the holder of the contract (hereinafter, "Customer"), at Rua da Guiné, Nº 24, 2685-335 Prior Velho, Lisboa, with Tax ID 515 380 954 by virtue of which the former assigns to the latter the use of a Vehicle (hereinafter, "Vehicle") for the term, price and other conditions stipulated by the parties in the flexible rental agreement (hereinafter, the "Agreement"), which will be executed and signed at OK MOBILITY's premises. If there is a discrepancy between the content of any point of the General Conditions in relation to the Particular Conditions signed by the parties, the latter shall prevail.
1. Object of the contract
1.1. The purpose of the flexible leasing contract is the rental of a Vehicle belonging to the category indicated in the confirmation of adhesion, in accordance with the General Conditions contained in this document.
OK MOBILITY presents a range of Vehicles available for flexible leasing with the aim of promoting the presentation of a binding proposal by the Customer.
To conclude these General Conditions through the OK MOBILITY website, the Customer must complete the necessary information and submit a binding membership proposal by clicking on the "Submit" button. The General Conditions are formalised and come into force after confirmation to the Customer of the correct receipt of their order, at the time of collection of the Vehicle.
1.2. In accordance with the applicable legislation, and pursuant to Article 17(k) of Decree-Law no. 24/2014 of 14 November, the Customer does not have the right of withdrawal and may not invoke an unequivocal declaration of termination to that effect.
1.3. The Customer acknowledges having received the Vehicle in perfect condition for its correct functioning, clean, with the bodywork, upholstery, tires, headlights and accessories in good condition of use, having provided all the necessary documentation to be able to drive it. The Client will assume the return of any element of the Vehicle that is damaged or lost due to causes attributable to the Client, paying all the amounts paid by OK MOBILITY, which have derived directly from the use by the Client that are attributable to him.
1.4. At the end of the rental, the Client must remove his personal belongings from the Vehicle. OK MOBILITY is not responsible for any forgotten or lost object.
2. Duration
2.1. The duration of the flexible leasing is the one agreed with the Client in the Subscription Agreement, starting on the date of delivery and/or availability of the Vehicle by OK MOBILITY to the Client.
The term of the contract is extended month by month, automatically, upon payment of the agreed fee. The subscription will not be renewed if either party terminates the contract under the conditions set out in these General Conditions of flexible leasing (hereinafter, "General Conditions").
2.2. The Client may communicate its willingness to terminate the flexible lease before the start of a new monthly fee, by giving at least fifteen (15) days' notice before the end date of the current monthly fee. To do this, you should send an email to suscripcion@okmobility.com. If the Client communicates its desire to terminate the flexible leasing without fifteen (15) days' notice, the flexible leasing will be terminated at the end of the following monthly fee, which must be paid by the Client.
OK MOBILITY may notify the Client of its intention to terminate the flexible leasing and by giving at least fifteen (15) days' notice prior to the end date of the monthly billing period in which the notice of termination is received.
2.3. In the event of early termination of the contract by the Client, without reason attributable to OK MOBILITY, the Client will bear compensation corresponding to the actual proven costs of the demobilization of the Vehicle and the proportional loss of contracted revenue, up to a maximum limit equivalent to one monthly fee.
OK MOBILITY will provide, at the Client's request, a descriptive memorandum of the costs calculated.
2.4. OK MOBILITY may replace or recall the Vehicle in case of duly justified objective need, namely for safety reasons, essential maintenance, compliance with legal obligations, or for serious contractual breach by the Client.
Whenever possible, a minimum notice of 7 (seven) days will be communicated, except in situations of urgency or force majeure.
If the collection without replacement is not attributable to the Customer, the Customer will be entitled to a proportional refund of the period not used or, alternatively, to the replacement by an equivalent Vehicle.
2.5. The Client undertakes to return the Vehicle to OK MOBILITY at the place, date and time agreed in his contract. In the event of returning the Vehicle to a Counter other than the one at which it was picked up, OK MOBILITY reserves the right to charge a fee for the additional expenses that may arise from said management.
2.6. The rental is only considered terminated after the delivery of the Vehicle, documentation, accessories and keys to OK MOBILITY.
2.7. If the Vehicle is not returned at the end of the contract, OK MOBILITY will immediately submit the corresponding claim to the Client.
OK MOBILITY reserves the right to adopt all legal and logistical steps necessary for the recovery of the Vehicle, and the respective costs will be borne by the Customer. In the event of a breakdown or accident occurring after the end of the contract or outside the agreed rental period, the Customer will be liable for all damages, repairs and expenses resulting from improper use, as well as for any losses caused to third parties.
3. Preparation, delivery and return of the vehicle
3.1. The binding proposal submitted by the Client is subject to the confirmation of flexible leasing by OK MOBILITY. The delivery of the Vehicle will be made on the date, time and OK MOBILITY Counter indicated in the Subscription Confirmation. A Vehicle belonging to the category indicated in the subscription confirmation will be delivered, without guarantee of a specific Vehicle model. The category indicated remains unchanged for the entire term of the subscription contract and cannot be changed during the term of the contract.
If the Client does not show up to pick up the Vehicle (no-show) within six (6) hours after the indicated time, OK MOBILITY will be entitled to compensation for the costs actually incurred with the preparation and reservation of the Vehicle (for example, cleaning, inspection, schedule blocking), up to the limit of the first monthly fee, considering the Contract, automatically, solved.
3.2. From the moment of delivery and until the return of the Vehicle to OK MOBILITY, the Client assumes the custody and diligent use of the Vehicle, being liable for all damages caused by intent or negligence and also for damages caused by any third party(ies), which occur during the term of the Contract, unless it is proven that the damages are not attributable to it, and is responsible for all expenses resulting from the use and possession of the Vehicle during the term of the Agreement.
The transfer of the Vehicle to third parties without prior written authorisation from OK MOBILITY is prohibited.
It is the Customer's responsibility to have a copy of the contract and the mandatory documentation in the Vehicle with them at all times.
In the event that OK MOBILITY is the subject of a claim by third parties for damages arising from acts or omissions attributable to the Client, the Client will be liable for the respective costs, exonerating OK MOBILITY from liability for damages arising from acts or omissions attributable to the Client.
3.3. In order to offer its customers a quality fleet of Vehicles, OK MOBILITY reserves the right, during the duration of the subscription, to exchange the Vehicle delivered to the Customer if the Vehicle has already been part of OK MOBILITY's fleet for a certain period of time, for maintenance reasons or if it has already reached a certain mileage. In such cases, it may be necessary for the Customer to change Vehicles and another Vehicle of the category indicated in the subscription confirmation will be delivered, subject to availability. The Customer will be informed in advance and undertakes to return the Vehicle on the date and time indicated in the notification of the need to change the Vehicle, as well as to comply with all other aspects that are requested to move the Vehicle. The exchange of a Vehicle at the request of OK MOBILITY is not considered as an unauthorised return of the Vehicle and is not considered as a termination of the contractual relationship.
3.4. For safety reasons and to ensure the contractually agreed number of kilometres, the Client undertakes to inform OK MOBILITY, in each monthly period, of the current mileage of the Vehicle, upon prior request from OK MOBILITY. The Client undertakes to send OK MOBILITY specific mileage information when requested (usually once in each monthly billing period). If you exceed the contractually agreed mileage for a monthly billing period, you will be charged for the additional kilometres travelled at the agreed rate. Kilometers not consumed during one month can be accumulated with the kilometers of the following month.
3.5. At the end of the subscription, the Client undertakes to return the Vehicle to OK MOBILITY at the place, date and time agreed with OK MOBILITY. In the event of the return of the Vehicle to a store other than the one agreed, OK MOBILITY reserves the right to charge a fee for the additional costs that may result from this management.
If the Vehicle is not returned on the agreed date, time and place, OK MOBILITY may contact the Client by any suitable means, including telephone contact or written communication, so that they can proceed with its immediate return.
If the Vehicle is not returned within a maximum period of 48 (forty-eight) hours after the agreed date and time, and there is no justifying reason not attributable to the Client, OK MOBILITY may submit the competent report to the competent authorities and make use of the legal mechanisms available and necessary for the recovery of the Vehicle, with the respective costs being borne by the Client.
If the Vehicle is not returned under the terms set out above, any optional additional coverage contracted will cease to take effect from the moment of non-compliance attributable to the Customer, and the Customer will remain responsible for the damage caused to the Vehicle, respective repairs, associated expenses and any damage caused to third parties, under the legally applicable terms and without prejudice to mandatory rules.
4. Modifications to the agreement
4.1. If the Customer needs any change to their subscription, they must request it by sending an email to rentingflex@okmobility.com. Modifications are subject to the availability of Vehicles in the category or service subscribed to be modified. Category changes are not allowed.
The change of model within the subscribed Vehicle category implies the application of a fee of one hundred (100.00) euros, and this change can only be made at the beginning of the billing periods. Any change will always be subject to the availability of Vehicles and the needs of OK MOBILITY.
In the event of a change in the model of the Vehicle, the increase or decrease in the price will apply from the actual change of the Vehicle.
4.2. Early termination or return of the Vehicle before the end of the current monthly period does not entitle the Customer to any refund or deduction of the amount of the monthly fee already paid. In addition, if the termination does not occur at least fifteen (15) days before the start of the next monthly billing period, the Client must compensate OK MOBILITY in the amount corresponding to the following monthly fee.
4.3. If the change consists of a reduction in the total duration of the rental, the Client must pay the difference in the rate compared to the one initially enjoyed.
4.4. If the Client requests a change in the category of the Vehicle transferred, OK MOBILITY reserves the right to charge a commission for the costs of managing the new contract and for the procedures of receiving and delivering the new Vehicle.
5. Updates
The contract with the Client is subject to these "General Subscription Conditions" and the General Rental Terms and Conditions of OK MOBILITY Spain in the version in force at the time of confirmation of the subscription. OK MOBILITY reserves the right to periodically update these "General Subscription Conditions" during the term of the subscription, insofar as they do not place the Client at an inappropriate disadvantage.
OK MOBILITY will inform the Client of any modifications that may affect them at least ten (10) days in advance, informing them of their right to reject these modifications, granting them a reasonable period of time to exercise their right of withdrawal in the event of non-acceptance of the modifications and informing them where they should send their non-acceptance and what consequences will occur if the Client does not reject these modifications.
Modifications are deemed accepted if the Client does not reject them after the aforementioned thirty (30) day period. Such communications between OK MOBILITY and the Client must be made through the use of appropriate means of communication, leaving a written record of them.
6. Drivers
6.1. Only the person(s) identified and accepted by OK MOBILITY in the Flexible Renting Agreement and/or in any annex thereto is authorised to drive the Vehicle. Failure to comply with this condition will result in the adoption of legal measures by OK MOBILITY, and any damages and losses may be claimed from the Client. The Client and the additional drivers must be at least 18 years old and must present a European identification document or passport and driving license, both documents must be valid for the entire rental period, in physical format, legible and in good condition, and accepted by Portuguese law. Valid driving licenses issued by Member States of the European Union and the European Economic Area (Iceland, Liechtenstein and Norway) are accepted for driving purposes in Portugal, under the terms of the applicable Portuguese legislation. Driving licences issued by third countries will also be accepted as long as they comply with the requirements set out in the Highway Code and its regulations, namely when: (i) the driving licence is valid; (ii) the holder is of the minimum age required in Portugal to obtain an equivalent driving license; and (iii) a period of more than 185 days has not elapsed since the holder acquired habitual residence in Portugal, when applicable. In other cases, you may be required to present an International Driving Permit, which must be presented together with the valid driver's license issued by the country of origin. For additional information, it is recommended to consult the Institute of Mobility and Transport (IMT) or contact the consulate in Portugal of the country issuing the driving license.
It will be the Customer's responsibility to carry out the necessary checks to find out if their driving license is valid to drive in Portuguese territory. Driving licences will be accepted in electronic or digital format, in official applications, but not in photographic format or as a copy.
6.2. OK MOBILITY has integrated into its fleet Vehicles for people with reduced mobility (PRM): Vehicles with steering wheel controls and Vehicles with low floor and access ramps (L1 and L2). Vehicles with lowered floor and access ramp may be driven by any person holding a driving licence B. Vehicles with steering wheel controls may be driven with active adaptations by persons with a driving licence containing, under heading 12, the following codes: 25.04-20.06-32.01. These same Vehicles with controls can also be driven by any person with a B driving license when and only when the adaptations are not active.
6.3. At the time of pick-up of the Vehicle, the Customer must present a credit or debit card (VISA, AMERICAN EXPRESS or MASTERCARD) held by him/her.
7. Vehicle condition, maintenance and repairs
7.1. Upon receipt of the Vehicle and after its verification, the Customer acknowledges that he has received the Vehicle in perfect condition for its correct functioning. The vehicle is delivered clean, with the bodywork, upholstery, tyres, headlights and accessories in excellent condition. The Customer has all the necessary documentation to drive. The Client will be responsible for the return of any damaged or lost element of the Vehicle, as well as for the payment of all the corresponding amounts paid by OK MOBILITY that arise directly from the use of the Vehicle by the Client, in accordance with the legislation in force.
7.2. It is expressly forbidden for the Customer to change any technical characteristic of the Vehicle, equipment or exterior and/or interior appearance, and must bear, in the event of doing so without authorization, all the expenses of reconditioning the Vehicle to its original condition and pay an amount as compensation for the immobilization of the Vehicle, which will be fixed at the value of the daily rental of the days of immobilization.
7.3. OK MOBILITY assumes the normal mechanical wear and tear of the Vehicle. The maintenance and repair costs of the breakdowns suffered by the Vehicle during the subscription period, if these are due to normal wear and tear, are borne by OK MOBILITY. OK MOBILITY will replace the Customer's Vehicle, if necessary, depending on availability, if, following the breakdown, the Vehicle has to be immobilised for repair. The replacement vehicle will be delivered to the nearest store indicated by OK MOBILITY. If the breakdown of the Vehicle has been caused by negligence, infringement or misuse of the Vehicle by the Customer, OK MOBILITY reserves the right not to replace the Vehicle and to immediately terminate the membership contract due to breach of contract by the Customer and to take appropriate legal measures.
7.4. It is the Client's responsibility to notify OK MOBILITY of the illumination of any warning light on the instrument panel or inside the Vehicle, and failure to comply with this obligation implies the Client's responsibility for any damages that may arise from this omission.
7.5. Repairs in a workshop or the replacement of spare parts can only be carried out with the express written authorisation of OK MOBILITY. No repair costs will be reimbursed without the prior and express written authorisation of OK MOBILITY for the quote and for the workshop that will carry out the repair. In the absence of such prior, express and written authorization, the Customer is solely responsible for the payment of such costs, both for workshops and for spare parts.
7.6. Damage to the Vehicle, as well as wear and tear of parts, will be controlled and evaluated by qualified personnel. OK MOBILITY reserves the right to carry out an expert examination to verify the condition of the Vehicle in the event of any incident and the use that has been given to it.
7.7. In the event that OK MOBILITY requires the Client to go to a Counter to change Vehicles, the Client must do so without delay. In the event of non-compliance, OK MOBILITY reserves the right to terminate the membership contract and take the necessary measures to regain possession of the Vehicle in question.
8. Vehicle identification
The Customer expressly accepts that the rented Vehicle is identified with the logo and advertising of OK MOBILITY and undertakes to keep the respective stickers and registration plates on the Vehicle throughout the subscription period. The removal of such objects entails a restitution fee, plus, where appropriate, the payment of any administrative penalty imposed for that purpose. In accordance with certain municipal provisions, you must also display the contract sent to you by email in a visible place to prove that the Vehicle is rented. In the event of failure to comply with this obligation, it will bear the costs in the event of a penalty and pay the administrative charges laid down.
9. Found objects
At the end of the rental period, the Customer must remove their personal effects from the Vehicle. OK MOBILITY cannot be held responsible for objects that are communicated to it as forgotten or lost.
10. Price and security deposit
All prices will be indicated and expressed in euros (€).
10.1. The flexible leasing rate consists of a fixed monthly fee based on the selected Vehicle category, to which any additional contracted services will be added. The payment of the first monthly fee is made when the Customer books flexible leasing through the website.
Fees and other payments due must be paid using the means of payment presented at the Counter. Once the payment has been made, the Customer will be able to obtain their invoice in the "Invoices" section of OK Club.
The amount of the fee may be updated or modified during the term of the Subscription Agreement, upon prior notification to the Customer by email or by any other means deemed appropriate. In this case, the Customer has a period of thirty (30) days to object to such update. If, after this period, the Customer has not exercised his right to object, the amendment is deemed to have been accepted in full by the customer.
In the event that the Client wishes to object to the notified price update, he must notify him within the aforementioned period and to the address provided for this purpose at the time of notification. In these cases, the Customer has the possibility to terminate the contract without any penalty, provided that the price update is the only reason for objection. To communicate your opposition and exercise your right of withdrawal, you must send an email to the address indicated in the notification, clearly stating the reasons for your opposition and your desire to terminate the Subscription Agreement.
10.2. The Customer must pay the amount established for said Vehicle at the Counter, at the time of collection of the Vehicle, as a deposit (which can be consulted in the Annex to these General Conditions of Subscription), which must be paid by credit card provided by the Customer at the time of collection of the Vehicle and the formalization of the contract. In the event of a change of Vehicle, regardless of the reason, the amount of the deposit will be adjusted accordingly, if necessary.
The security deposit will be returned to the Customer upon termination of the flexible leasing within thirty (30) days, provided that the Vehicle has actually been returned and all fees, amounts, extras and outstanding items have been paid. OK MOBILITY has the right to use the deposit to settle any outstanding payments. The provision of the deposit does not exempt, in any case, the payment of the monthly fee or any other amounts. The application of the security deposit to any outstanding payments does not exclude OK MOBILITY's right to demand any other additional amounts that may correspond to it, including the corresponding compensation for damages.
10.3. In the event of non-compliance with the contract by the Client (due to non-payment of any instalment or breach of the obligations established in the "General Subscription Conditions", the "General Rental Conditions" or the Contract), OK MOBILITY may terminate the flexible leasing with immediate effect, which it will notify the Client by the usual means of communication. The Customer, for his part, must return the Vehicle within forty-eight (48) hours and settle the outstanding debt. Otherwise, OK MOBILITY will file the corresponding complaint for misappropriation of the Vehicle.
10.4. The Client undertakes to pay OK MOBILITY the total price set for the subscription contract.
11. Toppings
11.1. The Flexible Renting Agreement includes mandatory civil liability insurance. The additional coverages will be those established in the contract formalized by the Client.
11.2. Damage to the Vehicle, as well as wear and tear of the Vehicle's parts, will be subject to inspection and evaluation by specialized personnel. Damages not included in the contracted coverage or due to the Client's negligence are the responsibility of the latter.
All coverages listed do not include the following services related to damage to the Vehicle related to: Structural elements, underbody, interior and exterior equipment. This list is merely informative and all information is available in the table attached to the contract, where compensation and respective prices are specified. This table is available to all members of the public at OK MOBILITY's premises, on the websites or in any other medium that OK MOBILITY considers accessible before the submission of the Binding Offer.
None of the types of coverage covers damage to the Vehicle as a result of: war, disasters and natural phenomena (hail, snowfall or others), terrorism, riots or riots; actions of the State Security Forces, negligence on the part of the Customer, abandonment, accident or stop of the Vehicle due to crimes or infractions committed with the same and any other activity established in points 12 and 13. These damages and the respective services will be borne by the customer. The coverage does not cover, under any circumstances, personal belongings left, stored or transported in the Vehicle.
11.3. Breakdown or accident at the end of the subscription: Once the contractual relationship between the Client and OK MOBILITY has ended, an assessment will be made of the damages and malfunctions that may have been caused during the period in which the contractual relationship was in force, and the Client will be responsible for the full payment of the repairs and expenses that may have been caused. notifying the Customer of the same within thirty (30) days after the return of the Vehicle.
11.4. In the event of loss of keys and/or documents/accessories, the costs of their replacement will be charged to the customer according to the rates in force.
12. Accidents, theft, vandalism
12.1. In the event of an accident, theft, criminal act or vandalism (see point 12.2.) committed against the Vehicle, the customer is obliged to:
a) Immediately report the incident to the police;
b) Fill in an accident report in accordance with the official form on the Vehicle, indicating at least the registration number, the name and address of the other party, as well as the name of the insurer and, if possible, the insurance policy number;
c) describe the accident in a concise and accurate manner and, where appropriate, record the names of any witnesses;
d) Not to prejudge or acknowledge responsibility for the accident;
e) Do not abandon the Vehicle without taking appropriate measures to protect it from further damage, leaving it locked and without disturbing traffic;
f) Immediately inform OK MOBILITY of the incident by calling the emergency telephone number +351-1218299818. In the event of non-compliance by the Client with the obligation to report the claim to OK MOBILITY within a maximum period of twenty-four (24) hours, the Client will assume all costs associated with and arising from the repair and must pay an amount as compensation for the immobilization of the Vehicle, which will be fixed according to the calculation of the daily subscription price. having as reference the last flexible leasing value paid for the days when the Vehicle is immobilized.
12.2. Examples of criminal acts or vandalism committed against the Vehicle are: Theft or robbery of the Vehicle. Theft or robbery of exterior or interior parts of the Vehicle, such as wheels, tires or seats. Theft that causes damage to the windows or bodywork of the Vehicle. Vandalism against the Vehicle. The above list is for illustrative purposes only and is not exhaustive.
In the event of theft, the Client must file a complaint with the competent authority and send a copy to OK MOBILITY within twenty-four (24) hours after the occurrence of the fact. The Vehicle key must also be delivered. The Client can contact OK MOBILITY by phone: +351-1218299818 (Customer Service Phone) or by e-mail rentingflex@okmobility.com.
13. Use of the vehicle
13.1. Only the Customer and the persons duly identified and designated for this purpose, as stated in the membership contract (hereinafter referred to as "Additional Drivers"), are authorized to drive the Vehicle, provided that they hold a valid and valid driving license, in accordance with the provisions of clause 6. The Customer and the additional drivers are jointly and severally liable for the obligations arising from this contract and the applicable legislation.
13.2. The Client undertakes to drive the Vehicle in accordance with the rules of the Highway Code and other applicable regulations, as well as the specifications for the use of the type of Vehicle, always acting with due diligence and care, as well as avoiding, in any case, any situation that may cause damage to the Vehicle or third parties.
13.3. The Client must use the Vehicle exclusively for their own mobility, and it may not be used for the transport of passengers or goods for commercial or industrial purposes, unless expressly authorized by OK MOBILITY.
Subletting of the Vehicle is expressly prohibited.
13.4. The Client undertakes not to use the Vehicle or not to allow its use in the following cases:
·Pushing or towing any Vehicle or any other object, rolling or otherwise.
·Participate in competitions, official or not.
·Illegal races.
·Paid passenger transport.
·Driving without a valid driver's license.
·Driving without the express written authorisation of OK MOBILITY, if applicable.
·Transfer of Vehicle to a third party.
·Driving on roads that may cause damage to the underbody/crankcase of the Vehicle.
·Negligent behaviour when the warning lights or signals on the instrument panel of the Vehicle that the Customer declares to know at the time of signing this contract.
·Transportation of furniture, with the exception of the use of vehicles designed for this purpose.
·Leave objects in plain sight in the Vehicle.
·Carry out resistance tests on materials, accessories or products for automobiles.
·Driving the Vehicle while fatigued, ill or under the influence of alcohol, medication or narcotics.
·Reckless driving.
·Transport of goods in violation of the law or the legal provisions in force or for illicit purposes, or in weight, quantity and/or volume greater than that authorized in the Vehicle Technical Inspection Sheet, or even classified as special or dangerous.
·Carriage of passengers in a number greater than that authorized and indicated in the Vehicle's technical inspection certificate.
·The transportation of persons or goods that directly or indirectly involves payment to the Customer (e.g. using the Vehicle as an illegal "Taxi").
·Not to use or allow the rented Vehicle to be used as a means or instrument for the commission of crimes, punishable, prohibited or simply sanctioned actions by law, assistance to criminals or protection, transport and shelter of objects from crimes.
·Do not make any modifications to the structure and do not mount roof racks or luggage/loads on the roof.
·Do not tamper with or unlock the odometer and inform OK MOBILITY of any damage. Mileage should be measured by odometer or road maps if the odometer is damaged.
·Do not drive on roads that are not adapted for road use, or that are not paved and do not appear on the state road map.
·Use of the Vehicle after the end of the rental period.
·Any other misuse of the Vehicle by the Customer.
13.5. The Customer declares to be aware that smoking is not allowed inside the. In the event of non-compliance with this rule, and if additional cleaning is required to remove tobacco odors, an additional fee will be charged in order to cover the corresponding costs of restoring the Vehicle.
13.6. Unless expressly authorized, the rented Vehicle may only be driven in the national territory. In the case of cross-border crossings, you must obtain prior authorisation from the Counter, which must expressly authorise it and pay the price corresponding to this surcharge.
13.7. The customer undertakes to keep the Vehicle locked when not in use and to keep the contractual documents and annexes inside the Vehicle.
13.8. The Customer undertakes to stop and immobilize the Vehicle whenever he detects any anomaly in its operation or the illumination of any warning light, and should contact the telephone +351-1218299818 (Customer Service Telephone), or through the e-mail rentingflex@okmobility.com.
13.9. The Client may not assign, sell, sublease, mortgage, pledge or dispose of the Vehicle or its components in any way.
13.10. Failure to comply with the provisions of this clause is considered an unauthorised use. The Client is liable, unlimitedly and to the satisfaction of OK MOBILITY, for the damage caused to the Vehicle, for the loss of profits and even for the total loss of the Vehicle. In the event of a legal action, the Client will bear all expenses arising from such proceedings, lawyers, solicitors and costs, even if their intervention is not procedurally mandatory.
14. Infringements
The Client is responsible for paying the fines and penalties incurred during the term of the Membership Agreement, and must inform OK MOBILITY of any infraction and/or fine imposed on the Vehicle or the driver during that period. OK MOBILITY, to the extent that the legislation in force allows it, will charge up to a maximum amount of 25 euros the management costs incurred in processing the requests that the investigating authorities or other third parties address to OK MOBILITY in relation to administrative infractions, possible criminal acts or other unlawful acts committed during the rental period, for each file. The payment of fines and their management are not included in any of the coverages that can be contracted, unless otherwise indicated. In the event that OK MOBILITY has paid the amount relating to an infringement or other type of sanction committed during the term of the Subscription Agreement, the Client will be responsible for this amount, which will be debited from the same means of payment presented by the Client at the time of formalizing the contract.
In the event that the authorities retain the Vehicle due to an act or omission of the Client, whatever the cause, the Client will be responsible and will indemnify OK MOBILITY for all expenses and loss of profits that may have occurred for this reason. Likewise, the means of payment presented at the time of formalising the rental agreement will be charged a fee for immobilising the Vehicle in the amount of €250, to cover the payment of taxes and/or towing expenses that allow OK MOBILITY to regain possession of the Vehicle. Without prejudice to the possibility of claiming other amounts from you if the amount of such towing fees and/or charges is greater than that charge. If the amount is lower, you will be refunded.
15. Joint and several liability
All customers and additional drivers are jointly and severally liable for all obligations assumed by the customer in the contract and for all legislation applicable to the contract.
16. Fuel policy
Upon delivery of the Vehicle, OK MOBILITY undertakes to return the full Vehicle deposit, and the Customer is also obliged to return it full. If OK MOBILITY does not comply with the obligation to fill the tank, the Customer may demand the Vehicle with a full tank at the time of delivery; if you do not claim it at that time, it will be understood that you agree. If, on the other hand, the Customer does not return the Vehicle, he will be charged a refueling management fee plus the remaining litres for refuelling at the current rate, until he reaches 100% of the deposit.
17. Authorized territory
The Vehicle may only be driven in national territory. In the event of a cross-border crossing, the Client must be expressly authorised to do so by OK MOBILITY, informing the Counter of such circumstance.
The following is a list of countries and territories authorized for the circulation of our Vehicles:
Germany; Andorra; Austria; Belgium; Spain; France; Gibraltar; Greece; Italy; Liechtenstein; Luxembourg; Monaco; Netherlands; Poland; Portugal; Czech Republic; Sweden; Switzerland.
Unless expressly authorized, it is prohibited to transport the Vehicle from the mainland to any island and/or from an island to the mainland.
The Vehicle may not be loaded or transported on any means of transport, except with the prior written authorization of OK MOBILITY. If necessary, please contact customer service at: +351-1218299818 (customer service phone) or email address rentingflex@okmobility.com.
It is forbidden to cross borders outside the European continent, including travel to Ceuta and Melilla.
In addition, circulation in the following countries is prohibited, as well as in any other countries not mentioned above:
Albania; Belarus; Bosnia and Herzegovina; Kosovo; North Macedonia; Moldova; Ukraine; Russia; Turkey; United Kingdom.
Territorial restrictions may vary depending on the country of rental of the Vehicle.
18. Authorized mileage
The maximum mileage allowed per month will depend on the category of Vehicle selected and will be fixed in the Customer's contract. OK MOBILITY may require the customer to pay a fee of €0.10 for each additional kilometre exceeded.
18.1. The Customer undertakes to act in good faith and not to make any changes to the Vehicle's mileage control system.
18.2. OK MOBILITY reserves the right to carry out as many mileage checks or revisions as necessary during the rental period of the Vehicle, in order to ensure the correct use of the same.
19. Additional or extra services
The Client can consult all additional services subject to voluntary contracting and the respective amount in the annex entitled "Table of extras and franchises". The contracted services and extras must be paid for by the Client.
20. Termination and non-compliance
20.1. The Client undertakes to comply with each and every one of the obligations assumed under these clauses and accepts that the non-compliance with any of them will give rise to the declaration of termination of the flexible leasing by OK MOBILITY without the need for any prior notice and/or notification, the Client being responsible for each and every one of the obligations assumed and must immediately return the Vehicle subject to the rental.
20.2. Likewise, the Vehicle Flexible Leasing Agreement may be terminated for the following reasons:
·By any Party that submits the notice referred to in clause 2.
·For just cause, under the terms of the legislation in force, the defaulting party may demand the corresponding compensation for the damages caused.
·OK MOBILITY reserves the right to terminate the contract in the following cases:
oFor non-payment of one (1) monthly installment. In this case, OK MOBILITY will require the return of the Vehicle to the Client and will carry out the actions and/or diligences that are appropriate and necessary for the correct recovery of the Vehicle, among which the filing of a complaint for misappropriation if the Client does not return the Vehicle, as well as the claim to the Client for the damages and losses that are considered to have occurred.
oWhen the means of payment provided by the Client is not valid or the credit or guarantee is insufficient.
oBy Customer's violation of applicable laws and regulations.
oIn cases where the Customer does not have a valid driving license; or enter or attempt to enter a country or geographical area to which the specific Vehicle cannot be moved.
oIn cases where the Customer neglects his duties of care towards the Vehicle, jeopardizing its value.
oIn the event that there is sufficient evidence to understand that there is a risk of loss, abandonment, theft or damage to the Rental Vehicle.
oDue to serious non-compliance by the Client with any of the obligations contained in these "General Subscription Conditions", the "General Rental Conditions" or the contract, and who, having been requested by OK MOBILITY to stop doing so, does not immediately repair it.
oFor damage caused to the Vehicle as a result of the Customer's negligent actions or behavior.
oIf the Customer assigns the Vehicle to a third party who is not authorized to drive it.
oIn the event of negligent use of the Vehicle by the Customer or in contravention of the contractually agreed use or permitted uses.
oIf the Client does not deliver the Vehicle in accordance with OK MOBILITY's instructions.
oIn the event of crossing the border without going to the Branch and without the express authorisation of OK MOBILITY.
20.3. In the cases mentioned above, OK MOBILITY is authorised to remove the Vehicle from the Client and to invoice and charge the latter for the repair costs and/or any other amounts derived from the damage caused to the Vehicle, OK MOBILITY or third parties. The claim for compensation for all damage caused to you may include not only consequential damages, but also loss of profits due to the unavailability of the Vehicle. These damages may include, but are not limited to, the value of the Vehicle, as well as all fines, tolls, fines or penalties that fall on the Rental Vehicle as a result of requests made by public authorities for the purpose of identifying the offender or to clarify other circumstances in relation to possible offences or offences. It may also include towing, repatriation, expert opinion and court costs.
20.4. OK MOBILITY has the right, in accordance with the provisions of clause 2.5. of these conditions, to initiate legal proceedings to claim the immediate return of the Vehicle if it is not delivered on time or following a request from OK MOBILITY within a period that may not exceed 48 hours. In that case, the protections and other additional contractual services will have no effect.
21. Payment
21.1. The Client undertakes to pay OK MOBILITY the total price set for the subscription contract, services and associated extras, as well as the security deposit.
21.2. All services will be paid for through the payment method chosen by the Customer at the time of booking the flexible leasing or, where applicable, through the credit card provided at the time of picking up the Vehicle. Only credit card payment methods are accepted, namely: VISA, MASTERCARD or AMERICAN EXPRESS. The Customer must present a credit card owned by him when collecting the Vehicle.
21.3. In the event of breach of contract by the Client (due to non-payment of any instalment or breach of the obligations set out in the "General Subscription Conditions", the "General Rental Conditions" or the Contract) OK MOBILITY may terminate the flexible leasing with immediate effect, which will notify the Client by the usual means of communication. The Customer, in turn, must return the Vehicle within 48 (forty-eight) hours and settle the outstanding debt. If you do not do so, OK MOBILITY will file a complaint for misappropriation of the corresponding Vehicle.
22. Currency
The rates established by OK MOBILITY are in euros (€) and can be converted to any other currency through the converter: https://www.google.com/finance/converter , and OK MOBILITY is exempt from any conversion error. Payment can be made at all our facilities in the currency contracted by the Customer, only with the credit cards established in the previous point.
23. Taxes
All prices indicated in the rates are inclusive of the applicable Value Added Tax (VAT) or other similar tax that replaces it.
24. Jurisdiction, alternate dispute resolution and applicable law
24.1. In compliance with the provisions of Law No. 144/2015, of 8 September, the Client is hereby informed of the existence of alternative dispute resolution (ADR) mechanisms, the information of which is available in https://www.consumidor.gov.pt/, which may be used in the event of a dispute with OK MOBILITY. This information does not bind OK MOBILITY to adhere to alternative dispute resolution.
24.2. Except as a mandatory legal provision in matters of territorial jurisdiction, the parties agree between themselves to establish the jurisdiction of the District of Lisbon, with express waiver of any other, to settle any disputes arising from the execution of this Agreement.
This contract is governed by Portuguese law.
25. Customer service and complaints
If you wish to make any suggestions about improving our services, we are at your disposal at okmobility.com/feedback. Also all our facilities have official complaint forms, which will be cordially delivered when requested to our employees. We appreciate your feedback and strive to continuously improve our offer based on the opinions of our customers.
26. Language
These "General Subscription Conditions" are written in Portuguese and may be translated into other languages. In case of discrepancies, ambiguities and/or contradictions between the Portuguese version and other languages, the Portuguese version will prevail.
27. Personal data
27.1. In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ("GDPR"), as well as other rules applicable in Portugal, we inform you that the personal data collected in the context of the contracting of our products and services will be processed by OK MOBILITY, in its capacity as Data Controller (hereinafter, the "Data Controller").
27.2. The personal data collected will be processed for the execution of the flexible leasing contract and all services and products related to it, as well as the steps prior to the formalization of the contract. The legitimate bases of the different processing are the execution of the contract, the consent given by the Client, the fulfilment of legal obligations and the legitimate interest of OK MOBILITY
27.3. The personal data provided will be kept for the minimum period strictly necessary to fulfil the purposes set out in the previous paragraph and in accordance with what is defined in the Privacy Policy, and will be deleted as soon as it is verified that they are no longer necessary, or at the end of the maximum retention period, always in compliance with the applicable legal obligations.
27.4. OK MOBILITY processes the personal data provided by the Client and the Driver(s) with the utmost confidentiality, and has therefore implemented technical and organisational measures in order to protect the personal data against accidental or unlawful destruction, accidental loss, alteration, dissemination or unauthorised access to them.
27.5. The personal data provided by the Client and the driver(s) may be shared with OK MOBILITY's suppliers or service providers, solely and exclusively for the purposes identified in these General Subscription Conditions, and OK MOBILITY guarantees that such entities are also equipped with technical and organizational measures to ensure the total protection of the Client's and the driver(s)'s personal data and that they will only process the data for the full fulfillment of the identified purposes.27.6. The Client's and the driver(s)'s data may be shared whenever it is found that you have committed an offence or infraction during the rental period.
27.6. The Customer(s), as holders of personal data, is guaranteed the right to access, rectify and delete their personal data, as well as the right to limit their processing, oppose such processing and request the portability of such data. For this purpose, or for any clarification related to the processing of your data, you may contact OK MOBILITY via email rgpd@okmobility.com. If you consider that there has been an improper use of your data, you can always file a complaint with the control entity - National Data Protection Commission (www.cnpd.pt);
27.7. By signing the General Conditions of flexible leasing, the Client declares that he has read, accepted and consented to the Client Privacy Policy of OK MOBILITY, which is always updated on our website.
28. Geolocation equipment
28.1. Some Vehicles are equipped with geolocation equipment (GPS) and telematics, which aims to a) ensure the safety of the Vehicles; b) facilitate its recovery in the event of theft or robbery; c) control of routes and geographical limits; d) prevention of misuse of the Vehicle; e) optimization of logistics and, in general, f) ensuring compliance with contractual conditions. All information is available in OK MOBILITY's Privacy Policy.
28.2. Geolocation equipment includes, where applicable, sensors that allow the monitoring of compliance with contractual provisions and the preparation of explanatory reports, which can be used in the event of accidents and/or verification of damage to the Vehicle.
28.3. By consenting to these General Conditions of flexible leasing, the Client declares to have acknowledged and accepted that the Vehicle is equipped with said equipment, which can be used for the purposes indicated in number 1 28.2. In the event of an attempt to deactivate, remove or verify damage to the equipment, the Customer is responsible for the costs of repair or replacement.
29. Duty of communication and information
29.1. The Client acknowledges that all the clauses contained in these General Conditions of flexible leasing were timely and expressly communicated and explained, and that he was aware of them and accepted them in full, and therefore signs these General Conditions of Subscription. The Customer accepts that his signature will be registered on a durable medium, producing all legal effects, under the terms and for the purposes of Decree-Law No. 446/85, of October 25, 1985.
23 of February of 2026