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00351 912 751 500
be4utifulmadeiracar@gmail.com
PALAVRA EXCEPCIONAL UNIPESSOAL LDA — commercial brand Be4utiful Madeira Car
WARNING — IMPORTANT READING
These General Conditions form part of the rental agreement, together with the Specific Conditions, the booking confirmation, the delivery/return report, and applicable attachments. CDW/TDW and SCDW/Premium coverages have exclusions. A €0 deposit does not mean €0 liability.
1.1. PALAVRA EXCEPCIONAL UNIPESSOAL LDA, under the brand Be4utiful Madeira Car (“Lessor”), rents to the client (“Lessee”) the vehicle identified in the Specific Conditions, for the period, price, and other conditions indicated therein.
1.2. The contract includes: these General Conditions; the Specific Conditions; the booking confirmation; the inspection/delivery/return report; the associated photographic records; and the services, extras, and coverages expressly contracted.
1.3. Prior to contracting, the Lessee must have access, on a durable medium or through the booking platform, to essential information regarding the vehicle/group, price and components, deposit, coverages and exclusions, fuel policy, dates/times/locations, cancellation, and other applicable conditions.
1.4. In case of divergence, the Specific Conditions specifically agreed upon for the rental shall prevail, without prejudice to mandatory legal rules and consumer rights.
1.5. No clause obliges the Lessee to accept hidden or non-detectable defects upon delivery, nor eliminates the right to dispute expenses claimed subsequently.
2.1. The total price and the contracted services are those indicated in the booking/Specific Conditions, increased only by the values legally and contractually foreseen whose obligation is determined during or after the rental.
2.2. Debit/credit cards, payment terminals, Stripe, MB WAY, PayPal, and cash are accepted as made available by Be4utiful. A proof of payment or screenshot does not replace effective confirmation of receipt when required.
2.3. Payment can be made by a third party when they are present and the payment is validly executed. The same principle applies to the provision of a security deposit using a third party's card.
2.4. When full payment for the rental or the required deposit is not provided at the scheduled time, the vehicle will not be delivered.
2.5. CANCELLATION BY THE CLIENT — When the booking has been fully or partially paid in advance, cancellation is subject to the following conditions, calculated based on the scheduled date and time for vehicle pick-up:
2.6. NO-SHOW — A no-show is considered the failure of the client to appear up to 1 hour after the scheduled pick-up time without any communication to Be4utiful. For bookings covered by the cancellation policy in the previous section, a no-show results in the retention of 100% of the booking value, with no refund.
2.7. EARLY RETURN — Returning the vehicle prior to the contracted date and time, by decision or convenience of the client, does not entitle the client to a full or partial refund for unused rental days or hours. In exceptional and duly justified circumstances, namely illness, personal accident, family emergency, or an unforeseen need for an early return, Be4utiful may analyze the situation and grant, when appropriate, a full or partial refund for the unused period, without this constituting an automatic right or precedent for other rentals.
2.8. Flight delays communicated to or identified by the company will be handled operationally in good faith, maintaining the reservation under the agreed terms whenever delivery remains materially possible.
3.1. Only drivers identified in the contract or subsequently expressly authorized by Be4utiful after verification of requirements are permitted to drive the vehicle.
3.2. The driver must present original, valid identification documents and a driving license appropriate for the vehicle category. Foreign licenses are accepted when legally valid in Portugal; an international license or complementary document will be required when imposed by law.
3.3. Photographs or simple copies do not replace the original document, except for officially recognized digital documents.
3.4. Drivers under 21 years of age are accepted provided they hold a valid driving license for more than 1 year, subject to a young driver fee of €70, as indicated in the booking/Specific Conditions.
3.5. An additional driver is a paid service according to the rate presented in the simulator/booking/Specific Conditions. Merely communicating the name does not authorize driving: inclusion only takes effect after document verification and express authorization.
WARNING — UNAUTHORIZED DRIVER
A friend, family member, or unidentified/unauthorized third party cannot drive the vehicle. Utilization by an unauthorized driver may affect coverages to the extent permitted by law and insurance conditions when there is a link between the infraction and the accident/damage, and may result in liability for proven losses.
3.6. The Lessee is responsible for the veracity, authenticity, and validity of the information and documents presented. Acceptance of an apparently valid document does not constitute certification of its authenticity. Innocent and correctable material errors are not equated to relevant falsity.
4.1. The rental begins and ends on the date, time, and location indicated in the Specific Conditions.
4.2. Any extension must be requested prior to the scheduled expiration and depends on express authorization, availability, and additional payment. The price for additional days may differ from the promotional/original rate. A sent request does not equal authorization; there must be written confirmation, namely via email, WhatsApp, or a contract update.
4.3. The reference limit is 2,500 km per contract/rental. Currently, this limit is intended primarily for technical control and maintenance, not implying in itself a charge per excess kilometer, unless an excess rate was expressly indicated prior to contracting.
4.4. Upon approaching or exceeding 2,500 km, the Lessee must contact Be4utiful. The company may request an inspection, service, or preventive maintenance and indicate conditions for continuation.
4.5. In long-term rentals, Be4utiful may schedule maintenance/servicing during the contract, seeking to minimize downtime. The client must cooperate in making the vehicle available at a reasonably agreed time.
5.1. Upon delivery, the parties verify the vehicle and record, through digital and/or photographic means, the mileage, fuel level, general condition, and relevant pre-existing damages.
5.2. The client must immediately report any visible damage that they consider unrecorded. Acceptance of the report does not cover hidden defects or those not reasonably detectable at that moment.
5.3. The vehicle is delivered in suitable conditions for circulation and safety, including tires compatible with normal and legal use.
5.4. The correct fuel type will be identified in the contract/delivery. The client must confirm this information before using the vehicle.
6.1. The vehicle must be used with prudence, in accordance with the law, its characteristics, and Be4utiful’s instructions.
6.2. It is prohibited to use or allow the use of the vehicle:
6.3. The vehicle cannot leave Madeira Island by ferry, ship, or any other means without express written authorization from Be4utiful.
6.4. Traveling to Porto Santo always depends on express written authorization. A ferry ticket, booking, or verbal communication does not equal authorization. Costs for the ferry, passengers, changes, fees, and additional costs for assistance/towing/transport arising from location in Porto Santo are the client’s responsibility, without prejudice to the underlying mechanical cause being determined separately.
7.1. The vehicle has mandatory legal insurance. Additional coverages contracted are detailed in the Specific Conditions.
7.2. Under the CDW/TDW option, the standard deposit is €750. Under the SCDW/Premium option, the deposit is €0, except for subsequent situations expressly foreseen, such as providing a replacement vehicle while the cause of an incident remains under investigation.
7.3. The deposit constitutes a guarantee and is not a maximum limit of liability. Damages or costs proven to be attributable to the client and not covered may exceed €750.
WARNING — SCDW/PREMIUM — €0 DEPOSIT DOES NOT MEAN €0 LIABILITY
SCDW/Premium eliminates the deposit and reduces/eliminates liability for covered damages, but does not cover expressly excluded situations. Amounts may still be payable even when no deposit was provided.
7.4. Without prejudice to the exact wording of the policy and applicable law, the following are excluded from CDW/TDW and SCDW/Premium coverages, under these conditions and when applicable:
7.5. Rearview mirrors, headlights, taillights, and other optics are not treated as “glass” for this exclusion; they are vehicle damages subject to the effectively contracted coverage and other conditions/exclusions.
7.6. The exclusion of a category does not allow attributing normal wear and tear, pre-existing defects, mechanical breakdowns not caused by the rental, or damage without an objective link to the period of use to the client.
8.1. The vehicle must be returned with the same fuel level recorded upon delivery. If missing, the fuel required to restock the level will be charged along with €30 for refueling/administrative service.
8.2. Fuel returned above the initial level is not refunded or compensated.
WARNING — CORRECT FUEL
The client must confirm the fuel indicated in the contract/delivery before refueling. If wrong fuel is added, do not start the engine. If already driving when the error is detected, stop safely, turn off the vehicle, and contact Be4utiful immediately.
8.3. If incorrect refueling is attributable to the client, proven costs for assistance, towing, draining/cleaning, and repair of effectively caused damages may be claimed.
8.4. When the client alleges an error by the station or a third party, it is up to them to provide sufficient elements to prove such intervention and responsibility, such as a receipt/invoice, station identification, declaration, photographs, witnesses, or other means. The client’s mere declaration is not, by itself, sufficient to attribute the error to a third party.
8.5. Upon an AdBlue, oil, coolant, or other fluid warning, the client must not add any product on their own initiative. They must contact Be4utiful and follow instructions, including specification and quantity when authorized.
Tires and rims are excluded from CDW/TDW and SCDW/Premium coverages. Punctures by nail/screw/object, sidewall bubbles, cuts, tears, blowouts, impact damages, and rim damages occurring during the rental may be imputed to the client, provided they do not result from normal wear and tear, defect, or pre-existing condition.
The client is not obliged to change/repair the tire or use a kit/compressor alone. They must stop safely and contact Be4utiful. Continuing to drive on a flat tire may make the client liable for proven additional damages.
When a damaged tire requires, for technical, safety, or compatibility reasons, the replacement of the pair on the same axle, the cost of the second tire may be included if the need is technically justified. An incident will not be used to charge the client for renewing tires that already required replacement due to normal wear and tear.
For rims, technically safe and economically reasonable repair is preferred; full replacement will be used when repair is not appropriate.
Windshields and remaining glass are excluded from the indicated coverages. Stone impacts, cracks, or breakages occurring during the rental may be imputed to the client, even without negligence, except for prior defect/condition. When a safe repair is possible, full replacement is not automatically charged.
Any impact/crack must be reported as soon as detected. Aggravation caused by continuation against instructions may be imputed when objectively demonstrated.
Underbody damages are considered damages from impact/scraping on lower or exposed components, including oil pan/protections, exhaust, guards, lower bodywork elements, and mechanical/structural components hit from below. The exclusion does not transform a mechanical failure into a client responsibility solely because the part is located under the vehicle.
WARNING — CLUTCH — MANDATORY IMMOBILIZATION
Any symptom or suspicion of clutch anomaly — slipping, difficulty engaging gears, abnormal smell, different pedal feel, noise, or transmission difficulty — obliges the client to immobilize the vehicle as soon as it is safe, turn it off, and contact Be4utiful immediately. Do not drive again, perform tests, move the vehicle to another location, or wait for it to cool down to resume driving, unless express authorization is given.
The client must provide, when possible/requested, location, mileage, photographs/video, and description of the circumstances. Failure to comply with the procedure does not automatically prove the initial cause was the client's, but damages or aggravations technically related to the undue continuation may be imputed to them.
Normal wear and tear, end of useful life, mechanical defect, or failure without sufficient objective elements of improper use are not imputed to the client. In case of dispute, the company will substantiate the claim with available elements, such as technical diagnosis, parts, photographs, mileage, and relevant history.
10.1. Be4utiful provides a 24-hour assistance contact for reporting anomalous situations. Communication is free; a physical intervention may be charged when the need provenly results from a fact attributable to the client.
WARNING — WARNING LIGHTS / ANOMALIES
Faced with a warning light, error message, or abnormal behavior, the client must immediately contact Be4utiful, send a photograph/video of the dashboard when possible, and follow instructions. Serious alerts for temperature, oil, braking, or indication of stop oblige to immobilize the vehicle as soon as safe.
10.2. Be4utiful may expressly authorize continuation, with limits or up to a specific location. This authorization does not determine, by itself, who is responsible for the cause of the anomaly.
10.3. If the battery discharges, responsibility will be determined by the cause. When there are elements showing it resulted from lights/equipment left on, doors/trunk open for an extended period, or other use attributable to the client, assistance may be charged. Defect, end of life, alternator, or non-attributable technical cause are the company’s responsibility.
10.4. No repair, disassembly, part replacement, electrical/mechanical intervention, or attempt to hide damage may be carried out without prior authorization. In a real emergency, when it is not reasonably possible to contact the company, only the minimum intervention strictly necessary to protect persons or avoid substantially greater damage is allowed.
10.5. Workshop expenses, parts, fluids, or assistance paid by the client are only reimbursable when previously authorized and documented by invoice/receipt, except for the urgent exception in the previous section.
10.6. Upon a tire pressure warning, the client must check visually and contact the company before proceeding on a significant journey. A clearly flat or seriously damaged tire must not be used.
WARNING — ACCIDENT / INCIDENT
First: safety and casualties. Check if there are injured people, provide legally due assistance, and contact emergency services when necessary. Then, when safe, do not move the vehicle before documenting the occurrence and contacting Be4utiful, except for urgent safety needs, police instructions, or the need to clear an emergency passage.
11.1. The client must maintain a calm, collaborative, and respectful posture, limit themselves to facts, and not admit fault, promise payments/indemnities, or celebrate agreements on behalf of Be4utiful. Determination of responsibility lies with insurance companies, authorities, and other competent entities.
11.2. Whenever safe and materially possible, original photographs/videos must be collected of: position of vehicles before moving; wide view of the location and direction of traffic; all vehicles; license plates; damages close-up and from afar; signs/traffic lights; road markings; debris; road conditions; and other relevant elements. Witness data should be collected when available.
11.3. With an identified third party, the client must collect data from the other driver/vehicle and contact Be4utiful immediately. After initial analysis of the information, Be4utiful will indicate if police presence should be requested, without prejudice to any legal obligation or authority determination.
11.4. The Friendly Declaration (European Accident Statement) can be filled out factually, but the client must not recognize responsibility or enter into an agreement on behalf of the company without prior communication/authorization, except under legal obligation or authority instruction. If an unauthorized act causes objective prejudice to the company/insurer's position, directly resulting damages may be claimed.
11.5. Police report/presence is mandatory, whenever possible, in the following situations:
11.6. In theft/robbery/attempt, the client must preserve the scene/traces when applicable, communicate immediately, obtain a police record, and deliver to Be4utiful all keys and vehicle documents remaining in their possession.
11.7. Vandalism does not automatically mean client negligence. Responsibility depends on circumstances, coverage, and proof. The client must, however, park legally and adequately; if manifestly irregular/negligent parking directly contributes to damage, removal, or consequence, this causal relationship may be considered.
11.8. After an accident/damage, the vehicle can only continue to circulate when Be4utiful expressly authorizes it and circulation is legal and safe.
12.1. In case of breakdown not attributable to the client, Be4utiful will seek to provide an equivalent vehicle or one from a higher category, at no additional cost, according to effective availability.
12.2. When no vehicle is available and the client is effectively deprived of use due to a non-attributable cause, a proportional refund for the period effectively not enjoyed will be made, without transforming minor interruptions into complete days when such does not correspond to real deprivation.
12.3. When the cause of the breakdown/damage is still under investigation, any replacement depends on availability and may require a new deposit of €750 until determination.
12.4. When it is objectively demonstrated that immobilization resulted from improper use, negligence, or serious breach attributable to the client, Be4utiful may refuse replacement and, if the severity justifies it, terminate the rental early without refund for the remaining period, without prejudice to determination of remaining damages/costs.
13.1. The vehicle must be returned on the date, time, and location agreed upon, with keys, documents, equipment, and accessories.
13.2. A tolerance of 30 minutes relative to the scheduled return time is granted, without penalty, provided the delay does not cause relevant operational prejudice. Once this tolerance is exceeded, when the delay has not been previously communicated and expressly authorized, an amount of €60 will be due for each 24-hour period or fraction thereof. Previously authorized delays are governed by the conditions agreed upon for the respective extension or modification.
13.3. Changing the return location depends on prior authorization. Whenever possible, the request should be made 24 hours in advance. Requests with less notice may be assessed without obligation of acceptance. The additional cost must be communicated/accepted beforehand.
13.4. If the vehicle is left unilaterally in a different location or abandoned, reasonable and proven costs for localization, recovery, transport, and direct consequences may be charged. Unilateral delivery does not constitute a formal return.
13.5. Delivery of the key to a hotel, reception, employee, or third party is only valid when Be4utiful has previously authorized the procedure and indicated/accepted the location or person. Otherwise, the client's responsibility remains until effective recovery, depending on circumstances.
13.6. The client is responsible for keeping the key safe and must confirm they have it before closing doors/trunk. When, by client's act/oversight, the key is locked inside, assistance costs apply: Funchal €60; Santa Cruz and Ribeira Brava €80; remaining municipalities of Madeira €110. Does not apply when resulting from proven failure of the locking/keyless system not attributable to the client.
13.7. In case of loss, destruction, or damage of the key, remote, or vehicle access device attributable to the client, the client will be responsible for the actual cost of replacement, repair, and/or coding, according to the value subsequently determined with the supplier, dealer, or competent entity. To the determined cost, a fixed administrative fee of €45 is added for handling the replacement process. The value of the key is not fixed in advance, as it varies depending on the vehicle and its access system, and will be communicated to the client after its determination.
13.8. Found objects will be kept, as a rule, for 30 days. When identifiable, the company will seek to inform the owner. Distance shipping/return is supported by the client. Documents, cards, mobile phones, or assets of special nature may follow the appropriate legal procedure.
13.9. Be4utiful does not assume general responsibility for forgotten objects, without prejudice to applicable legal duties of custody and restitution.
14.1. Whenever possible, return is accompanied by inspection and recording of mileage, fuel, damages, and photographs.
14.2. Handover of the key or physical reception of the vehicle does not constitute a definitive declaration of non-existence of damages when a full inspection is not reasonably possible, namely due to rain, dirt, low light, unattended return, hidden damage, or mechanical anomaly.
14.3. Be4utiful will seek to communicate visible damages or anomalies detected after recovery/inspection within 48 hours, whenever possible. For hidden/mechanical anomalies, it may communicate first that the occurrence is under analysis and subsequently send diagnosis and cost.
14.4. Any subsequent imputation must be objectively related to the rental through available elements, such as delivery/return photographs, mileage, diagnosis, parts, technical report, testimonies, or other appropriate means.
14.5. If a new or potentially imputable damage exists, the deposit may remain withheld while analysis takes place, with information provided to the client. Before any use of the deposit for payment of damages, the grounds, available proof, and value/quote will be communicated.
14.6. If the final cost is lower than the deposit, the difference will be released/returned. If higher and the client is responsible, the remainder may be claimed. The deposit does not constitute a limit of liability.
14.7. The client has 10 calendar days after formal communication accompanied by available elements to pay or present a reasoned dispute and proof they consider relevant. Failure to reply does not automatically transform the company’s allegation into an incontestable fact, but allows proceeding through legal collection means.
14.8. When liability for immobilization/loss of use not covered exists, proven loss for the period reasonably necessary for diagnosis, obtaining parts, and repair may be claimed. As a calculation reference, the public rate/table applicable to the specific vehicle at the time of the occurrence will be used, subject to justification and proportionality.
14.9. In cross-border claims, Be4utiful may resort to applicable national and European legal mechanisms, respecting mandatory rules of jurisdiction and consumer protection.
15.1. EXTRAORDINARY CLEANING — Whenever the vehicle is returned in a state of dirtiness manifestly superior to that resulting from normal use and extraordinary cleaning is required, a fixed fee of €55 will be applied. Extraordinary cleaning is considered, namely, the presence of vomit, relevant stains, mud or sand in excessive quantity, waste/garbage in abnormal quantity, animal hair, or other situations requiring a cleaning intervention additional to normal preparation of the vehicle between rentals. Dirt arising from normal use of the vehicle does not give rise to this fee.
15.2. Smoking, including cigarettes, electronic cigarettes/vapes, and eating inside is prohibited when it causes abnormal risk/dirt. In case of tobacco, actual and proven cost of cleaning/deodorization may be charged; burns or physical damages are handled separately.
15.3. Animals only with prior authorization and suitable carrier/means. The client answers for extraordinary cleaning and objectively caused damages.
15.4. Child seats/additional equipment depend on request and availability. The client must provide appropriate age/weight/height data when necessary and is responsible for final installation and verification of fastening. Be4utiful can provide assistance when requested/possible.
15.5. Navigation GPS, Apple CarPlay, Android Auto, Bluetooth, USB, wireless charging, rear camera, sensors, and other technological features are only guaranteed when expressly confirmed in writing for the booking. Group/model does not guarantee by itself a certain technology; compatibility may depend on the mobile phone, operating system, applications, cables, and third-party services.
16.1. The client is responsible for fines, fees, parking, tolls, and other charges resulting from their use of the vehicle during the contract.
16.2. Whenever a process requires Be4utiful to identify the driver or perform administrative handling of an infraction, an Administrative Fee for Handling Infractions and Driver Identification of €45 per occurrence/process will be applied, additional to the fine/fee amount.
16.3. If the vehicle is immobilized, towed, removed, or deposited due to irregular parking/use attributable to the client, the client supports proven costs of fine, towing, parking/deposit, and other fees, increased by the administrative fee of €45 when effective administrative handling by Be4utiful exists. There will be no duplication of the same administrative fee for the same service.
16.4. Loss of vehicle documentation: official cost effectively supported for replacement, when existing, increased by €45 of administrative handling when loss attributable to the client requires diligences from Be4utiful.
17.1. Be4utiful may terminate the contract early and demand immediate return when serious breach exists, namely unauthorized driver, alcohol/drugs, illicit/dangerous use, circulation in prohibited locations, Porto Santo without written authorization, refusal of immobilization order, continuation after accident against instructions, relevant unauthorized repair, non-return, or material falsehood of documents/information.
17.2. When severity and circumstances allow, correction of the breach will be preferred before termination.
17.3. The client must maintain a valid and accessible telephone and email during the rental, communicate changes, and respond as early as reasonably possible to relevant contacts regarding safety, accident, breakdown, maintenance, return, or recovery.
17.4. If the vehicle is not returned at the agreed hour, no authorized extension exists, and the client stops responding after reasonable contact attempts, the situation may be treated as non-return, allowing the company to adopt legal means of localization/recovery and, when justified, communicate to authorities.
17.5. Simple delay is not automatically qualified as a criminal offense. Any intervention by authorities will depend on concrete circumstances.
17.6. Reasonable and proven recovery costs resulting from breach attributable to the client may be claimed. Recovery will be carried out only by legally admissible means.
18.1. Personal data necessary for booking, contract, invoicing, assistance, prevention/management of occurrences, and fulfillment of legal obligations are treated under terms of the GDPR, Law No. 58/2019, and Be4utiful’s Privacy Policy.
18.2. Data can be communicated to insurance companies, strictly necessary workshops/providers, judicial/police authorities, administrative, tax, regulatory authorities, or other entities when a legal basis exists.
18.3. Reproduction/scanning of identification documents will only be carried out when an appropriate legal basis exists. When depending on consent of the holder, an alternative of in-person verification of the original document and recording of strictly necessary data will be made available. Refusal of a copy does not equal refusal of identification.
18.4. Refusal to present a valid original document or impossibility to verify legal driving requirements may prevent delivery of the vehicle.
18.5. Retention periods, rights of access, rectification, opposition, limitation, erasure when applicable, and contacts of the controller are detailed in the Privacy Policy.
19.1. The client can submit a complaint directly to Be4utiful and use the physical or electronic Complaints Book, under legal terms.
19.2. In consumer disputes, the client can resort to Alternative Dispute Resolution (ADR) mechanisms legally available. Identification and contacts of applicable entities must remain updated on the website and other media required by law.
19.3. Portuguese law and the specific regime in force in the Autonomous Region of Madeira apply, without prejudice to mandatory rules of consumer protection and applicable rules of jurisdiction, including in cross-border relationships.
19.4. If any clause is considered invalid or inapplicable, the remaining ones are maintained to the legally possible extent, and the affected clause must be interpreted/replaced in a way compatible with the law and legitimate contractual purpose.
19.5. Modifications to these General Conditions will be applicable to future contracts after their disclosure and fulfillment of applicable legal/regulatory formalities. Conditions of an already celebrated booking will not be modified retroactively to the detriment of the consumer.
19.6. Assistance contacts, full identification of the company, NIF, headquarters, customer service contacts, ADR information, and other legally required elements must appear on the website, booking confirmation, and/or Specific Conditions on a durable medium.Gostaria que realizasse mais alguma análise ou extração de dados com base neste documento de termos e condições?
Fontes:
Phone: 00351 912 751 500 (whatsapp)
email: be4utifulmadeiracar@gmail.com
