Termes et Conditions

1. GENERAL CONDITIONS AND YOUR ACCEPTANCE

The present General Conditions of Use, hereinafter referred to as “General Conditions”, rule the use of the Internet service: https://berent.pt, hereafter “website”, which BeRent Rent-a-Car, from now on, “BeRent”, makes available to Internet users.

The use of the website gives whoever uses it the condition of user of the website, hereinafter "user", and expresses the full and unreserved acceptance by the user, when accessing the website, of each and every one of the General Conditions published by BeRent.

2. OBJECT

Through the website, BeRent provides users with access to and use of various services and content, which are made available to users by BeRent or third-party website users and/or third-party service and/or content providers.

BeRent reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the website, as well as the conditions required for its use.

3. CONDITIONS OF ACCESS TO SERVICES

3.1 Free Character of Services

The provision of the website service by BeRent is free of charge to users, not requiring the prior registration of the user.

3.2 User Registration

BeRent reserves some services offered through the website to registered users by filling out a form, which acts as a user ID.

4. CONDITIONS OF USE OF SERVICES

4.1. Obligation to make a proper use of the website

The user undertakes to use the website in accordance with the law, these General Conditions and the generally accepted moral principles and best practices.

The user undertakes to refrain from using the website for illicit purposes or effects, contrary to the provisions of these General Conditions, harmful to the rights and interests of third parties or that in any way may damage, render useless, overload or deteriorate the website or hamper the normal use of the website by users.

4.2. Means of obtaining Content

The user shall refrain from obtaining and attempting to obtain information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any accessible material through the website, engaging means or procedures other than those made available to them by BeRent.

5. USER RESPONSIBILITY

5.1 The user undertakes to use the content in a diligent, correct and lawful manner and compromises, in particular, to refrain from:

i ) Perform or attempt to perform illegal activities that invade the rights of BeRent, users of the website https://berent.pt, other Internet users or any third party not previously discriminated;

ii ) Practice continuous and persistent acts of provocation directed at third parties, having been requested to be interrupted by the targets of the acts or by BeRent;

iii ) Using or attempting to use an identity other than their own, impersonating or attempting to impersonate any person or entity including, namely, an official of BeRent, guiding or receiving third parties as if they were a host or falsely testify or kinship links with third parties;

iv ) Make available, transmit, send, produce or reproduce any content that they do not have the right to use (including, but not limited to, confidential information obtained on the basis of your position or job);

v ) Make available, transmit, send, produce or reproduce any content that infringes any patent registration, trademark, trade secret, or any type of copyright of any person, entity or institution;

vi ) Make available, transmit, send, produce or reproduce any unsolicited content including, but not limited to, promotional material, junk mail, spamming, chain letters, pyramid schemes;

vii ) Providing, transmitting, sending, producing or reproducing, purposefully or accidentally any material that contains software viruses or any other computer code, files or programs whose purpose, even if not achieved, is to interrupt, destroy or limit the functionality of any computer or computer system (hardware or software) or telecommunications equipment;

viii ) Collect, store, make available, transmit, send, produce or reproduce in any format personal information from third parties;

The abovementioned activities are absolutely and completely prohibited to the user and are grounds for immediate partial or definitive, temporary or permanent suspension or termination of the use of the website, as well as, where applicable, for deletion of any records or files corresponding to the respective user without any prior notice and with immediate effect.

5.2 Links

Users and, in general, persons proposing to establish a link that allows access to the website pages from their website, hereinafter "link", must comply with the following conditions:

i ) The link will only allow access to the website pages but may not reproduce them in any way;

ii ) Only links to the website homepage will be allowed;

iii ) No browser or border environment will be created on the website pages;

iv ) No false, inaccurate or incorrect statements or information will be produced on the website pages nor will it be stated or implied that BeRent has authorized the link or has otherwise supervised or assumed the content or services offered or made available to the web page in which the link is established;

v ) Except for those signs that are part of the same link, the web page containing the link shall not contain any trademark, trade name, label of establishment, denomination, logo, slogan or other distinctive signs belonging to BeRent;

vi ) The web page in which the link is established will not contain illegal information or content, contrary to the generally accepted morals and best practices and to public order, not containing content contrary to the rights of third parties. The establishment of links in no way implies the existence of relations between BeRent and the owner of the web page on which the link is established, nor does BeRent accept and approve its content or services.

6. BERENT'S RESPONSIBILITY

The website https://berent.pt was designed for BeRent, with information from internal and external sources, and is made available to visitors in their current state and may contain inaccuracies or errors.

BeRent is only liable for damages the user may suffer as a result of using the website when such damages may be attributable to them as a result of their own willful misconduct.

BeRent shall not be liable for damages or losses of any kind whatsoever which may result, as a matter of enunciation and not limitation, from:

i) Interferences, omissions, interruptions, computer viruses, telephone malfunctions and/or disconnections of the electronic system's operational functioning, in the contents or services provided by third parties, due to causes unrelated to BeRent, which may determine the lack of availability or continuity in the functioning of the website, or make changes to the computer system, electronic documents or user files;

ii) Delays or blockages in the use caused by internet deficiencies or overloads or in other electronic systems, namely, failure to access web pages of the website or its associated services;

iii) Acting by third parties through unlawful interference outside the control of the website and not attributable to BeRent, including interference caused by the knowledge that unauthorized third parties may have of the conditions, characteristics and circumstances of the users’ use of the website;

iv) Differences of information, documentation and/or other content of the website, which may exist between the electronic version and the printed version, as well as defrauding the expectation of usefulness that the users might have attributed to the website;

v) Lack of truth, completeness, timeliness and accuracy of the content, data or information of any nature, including those relating to offers, products or services, prices, features and any other relevant data and information relating to products and services offered through the website by third party providers of products or services, nor regarding the content, data or information that is provided from the web pages of such third parties;

vi) Transmission, dissemination, storage, making available, receiving, obtaining or accessing the contents;

vii) Possible security errors or deficiencies that may arise from the use, by the user, of a browser of an outdated or insecure version, as well as the activation of user password or identification codes retention devices in the browser, or for damage, errors or inaccuracies that may result from its malfunction;

viii) Functioning, availability and accessibility of the websites to which it refers through links, continuity of information, content and existent services on those websites, quality, lawfulness, reliability and usefulness of the information, content and services on those websites.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY

All contents of this website (including, but not limited to text, graphics, logos, icons, databases, images, text files, audio, video and software) are property of BeRent, Group companies to which BeRent belongs, customers or suppliers or content providers, and are protected by the national and international industrial and intellectual property standards.

The compilation (understood as such the recompilation, sorting and assembly) of all content on the website is exclusive property of BeRent and is protected by the national and international industrial and intellectual property standards. All software used on the website is property of BeRent, Group companies to which BeRent belongs or its software suppliers and is protected by the national and international industrial and intellectual property laws.

Reproduction, alteration, copying, use, distribution, marketing, public communication or any other use of the information contained on the website (including its own design, configuration and presentation of the website) that is performed without permission of BeRent constitutes an infringement of current legislation on intellectual property matter.

Under no circumstances shall it be understood that a license is granted or waived, transmitted or assigned, in whole or in part, the aforementioned rights without the express prior permission of BeRent or its holders.

On the other hand, in no case shall it be understood that no rights are conferred, and, in particular, no rights to alter, exploit, reproduce, distribute or publicly communicate such contents without the express prior permission of BeRent or its holders.

8. PERSONAL DATA

In order to use some of the services, users are required to provide BeRent with certain personal data in advance (“Personal Data”), such as name, location, email and telephone contact. This personal data will be used internally for business purposes, namely to respond to requests for information via telephone/email, sending postal/electronic newsletters, sending SMS, among other communication tools.

9. COOKIES

BeRent informs that it will send to the hard disk of the computer of the user files, "Cookies", which will record the activities of the user on the visited page, to collect information on the number of users, the most sought-after areas, as well as the habits of user consumption. Users will be able to configure their computer so that it will reject the installation on it of the referred "Cookies". BeRent will not use any information gathering technology to retrieve existent information from the user’s computer equipment.

10. LINKS TO THIRD PARTY WEBSITES

The https://berent.pt website provides links to third party websites that may be of interest to users. In this case, https://berent.pt has no control whatsoever or responsibility over the availability or content of such websites. It is the responsibility of users to be aware of the privacy policy and terms and conditions of use of third-party websites.

11. MATERIAL AND SOFTWARE COPYRIGHT

All information, content, software and materials included on the website and/or the Services are protected by copyright and intellectual and industrial property laws and other property rights. Users may not copy or distribute these materials without the consent of the owner of those rights. Users may use these materials for personal use, provided that they do not modify the materials and do not delete copyright and other applicable property rights information, assuming full responsibility for the use and storage of the information they receive.

12. SYSTEM ATTACKS

Users may not, even in a merely attempted manner, attack the network or systems of BeRent or third parties by means that include, but are not limited to, mail bombing, hacking, obtaining root access, tsunami, flood bots, nuke, flash, packet sniffers and flood pings or other kinds of activities that cause any damage to BeRent or third parties.

13. DURATION AND TERMINATION

The provision of the website will, at first, have an indefinite duration. BeRent may terminate or suspend the provision of the website at any time. Whenever possible, BeRent will notify the termination or suspension of the provision of the website.

14. APPLICABLE LAW AND JURISDICTION

These general conditions are governed by the Portuguese law.

For the resolution of any conflicts arising from the provision of services object of these General Conditions, the district court of Leiria shall be competent, with express waiver of any other.

II - PROTECTION OF PERSONAL DATA

INFORMATION NOTE IN COMPLIANCE WITH THE LAW No. 67/98 OF OCTOBER 26TH, PERSONAL DATA PROTECTION LAW 1 – CONSENT, PURPOSE AND PROCEDURE FOR THE PROCESSING OF PERSONAL DATA. By accessing the BeRent Rent-a-Car Website, the user voluntarily provides personal data and gives their express consent to BeRent Rent-a-Car to:

– Enter the data provided by you in a file and treat them in order to:

a) Render the previously selected and indicated services (hereinafter referred to as the “Service”), as well as allowing BeRent Rent-a-Car to conduct inquiries relating to such services;

b) Providing commercial and/or promotional information, as well as sending advertising material, participating in direct selling activities or interactive business communications related to BeRent Rent-a-Car products, services or other activities, as well as conducting market research;

c) Study and analyze your behavioral profile, habits and consumer preferences in the automotive industry in order to improve the services offered by BeRent Rent-a-Car;

Your data will be processed on paper, in telematic or electronic format and, in particular, by postal or electronic mail, telephone (including automated telephone calls, SMS, MMS, etc.), fax and any other electronic channel (for instance, websites, mobile apps).

Because your data may circulate on an open network it risks being viewed and used by unauthorized third parties.

BeRent only accepts registrations from users of at least 16 years old. BeRent’s Communication Channels are not intended for underaged users. If you are aware of any registration made by a minor, please let us know so in order to promptly remove the registration.

Recipients or recipient categories of your Personal Data, depending on the contact tool you use, are the Sales, Marketing, IT, Workshop, Internal Audit, Call Center and Administration departments. We will share your personal data with your consent or, as necessary, to complete any transaction or provide any service you have requested. We also share the data with BeRent-controlled affiliates and subsidiaries; with salespeople who work on our behalf; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our services; and to protect property rights or BeRent.

MARKETING

We would like to be able to send you information about products and services of the BeRent company that may or will be of interest to you. If you previously gave your consent, you may always choose to unsubscribe. You have the right at any time not to allow you to be contacted for marketing campaigns by clicking REMOVE SUBSCRIPTION or, alternatively, by sending a letter through the postal address Rua Vasco da Gama, Nº7A - Portela, 2685-244 Portela – Loures or by sending an email to DPO@BENECAR.PT.

ACCESS AND CORRECTION OF YOUR INFORMATION

We want to be sure of the accuracy and reliability of the information we hold about you.

We rely on the user to provide us with accurate and complete information and to proceed to updating data regarding any changes to the provided information.

The user has the right to remove their consent at any time, without compromising the lawfulness of the treatment based on the previously given consent and the right to request BeRent access to the Personal Data concerning them, as well as its rectification or its deletion, and the limitation of processing regarding the user, or the right to object to the processing, as well as the right to data portability.

The necessary Personal Data for the performance of the contract to which the user is party, for the fulfillment of the legal obligations to which the Controller is subject and those necessary for the purposes of the legitimate interests pursued by BeRent are not included in the previous paragraph.

Notwithstanding any legal or regulatory provisions to the contrary, the Personal Data will be retained only for the minimum necessary period for the purposes that led to its collection or its further processing after which it is deleted or, if it is in BeRent's interest, processed for statistical purposes, anonymized, unable to identify its Holder.

The further processing of Personal Data for a purpose other than that for which the data has been collected lacks consent. Prior to such processing, the Controller shall provide the Data Holder with information about this purpose and any other pertinent information.

You have the right to request a copy of the information we have about you. If you would like to request a partial or total copy of your information held by BeRent, please email us at DPO@BENECAR.PT or write to us at Rua Vasco da Gama, Nº7A - Portela, 2685-244 Portela – Loures.

If the requests submitted by the user are manifestly unfounded or excessive, namely because of their repetitive nature, BeRent may, under the applicable legal framework, require a reasonable fee to be paid taking into account the administrative costs of providing the information or communication, or of taking the requested action or refuse to comply with the request.

COOKIES

These are small text files stored on your computer which collect information about your device and information about your user experience. This information is used to record the number of visits made and to compile statistical information about the website’s activity.

Types of Cookies depending on the entity that manages them:

Own Cookies: a Cookie managed by this domain/website.

Third party Cookies: a Cookie managed by another domain/website.

Persistent Cookies: the Cookie information is permanently stored on your device.

Session Cookies: the Cookie information is not permanently stored on your device.

Types of Cookies depending on their purpose:

Technical Cookies: are the ones that allow the navigation through a domain/website using different options or services, such as identifying the session, accessing restricted access areas and carrying out the process of a purchase order.

Customized Cookies: are the ones that allow accessing the domain/website with some predefined features based on a set of decisions made, such as the used language.

Analysis Cookies: are the ones that allow the monitoring and analysis of the behavior of users of websites to which they are linked. The information collected through such cookies is used, for example, to measure the activity of the websites and to elaborate browsing profiles.

Advertising Cookies: are the ones that allow the most efficient management of advertising spaces based on criteria such as edited content or how often adverts are displayed.

Behavioral advertising Cookies: are the ones that allow the management of advertising spaces as effectively as possible. These Cookies store information about user behavior obtained through continuous observation of their browsing habits, allowing them to develop a specific profile to display adverts based on this.

Cookie related information is controlled and accessed by the website owner.

Cookies used by BeRent:

Name of the

Cookie Purpose Time

Retention Domain Holder Part Cookie Type

PHPSESSID Preserves user session state across page requests Session berent.pt berent.pt Necessario HTML

wc_fragments_# Unclassified Session berent.pt berent.pt Necessario HTML

@History/@scroll|# Unclassified Session berent.pt berent.pt Estatísticas HTML

BeRent newsletters may, for statistical purposes, contain a single pixel that lets know if they are open and check the clicks through links within each newsletter.

The user always has the possibility to DISABLE the sending of the newsletter or, alternatively, by sending a letter through the postal address Rua Vasco da Gama, Nº7A - Portela, 2685-244 Portela – Loures or by sending an email to DPO@BENECAR.PT.

According to the aforementioned information, as a user, you are expressly consenting to the use of the mentioned Cookies for the predicted purposes for each one of them.

Specific information about Google Analytics third-party Cookies can be obtained from the web address:

HTTPS://DEVELOPERS.GOOGLE.COM/ANALYTICS/DEVGUIDES/COLLECTION/ANALYTICSJS/COOKIE-USAGE and the AddThis service through the web address HTTP://WWW.ADDTHIS.COM/PRIVACY

We are not responsible for the content and accuracy of the previously mentioned third parties’ terms and conditions of use, privacy policies and Cookie policies.

For more information visit WWW.ABOUTCOOKIES.ORG or WWW.ALLABOUTCOOKIES.ORG.

You may set your browser not to accept Cookies and the abovementioned websites explain how you can remove them. However, not accepting Cookies may result in the incorrect execution of some features of the website.

None of the used Cookies are essential for the use of the website, for a particular functionality or for improving website performance.

BeRent's use of Cookies has the goals to analyze website usage and to enable you to have a smooth browsing experience; at no time do we collect Personal Data through Cookies.

Cookies will not be used for any purpose other than those mentioned in the previous point.

OTHER WEBSITES

This website contains links to other websites. This privacy statement applies only to this website. You should read the privacy policies of the other websites.

SECURITY

BeRent applies appropriate technical and organizational measures to ensure an adequate level of security to the risk of keeping Personal Data on file and while transmitting it.

BeRent has a computer system capable of resisting, with a certain level of confidence, accidental events or malicious or unlawful actions that compromise the availability, authenticity, integrity and confidentiality of retained or transmitted Personal Data, as well as the security of connected services offered or accessible through these networks and systems.

CONTACTS

The Controller of this website is BeRent and may be reached through the postal address Passeio Báltico 39B, Parque das Nações 1990-221 Lisboa or alternatively through the email DPO@BENECAR.PT.

The Data Protection Officer (DPO) may be contacted at the Controller 's postal address, or alternatively, at DPO@BENECAR.PT.

If you believe BeRent has not adhered to this statement, have a question about our privacy policy or the information we have about you, please contact us in THIS FORM. We will answer questions within 30 days.

CHANGES TO THIS PRIVACY STATEMENT

Our privacy policies are regularly reviewed and all changes will be posted on this website. The latest update is April 20th, 2018.