Terms and Conditions
JANGADA CAMPESTRE LDA, with headquarters at Rua Dr. Augusto Figueiredo Fernandes, n19, Vila Real District, Municipality of Chaves, legal entity no. 514729244, with the share capital of € 100.00 (one hundred euros), registered at the Commercial Registry of Chaves, operating under the trade name of TOPO, as the lessor (hereinafter referred to as TOPO), concludes with the tenant identified in the Application Form (hereinafter referred to as CLIENT), a roof tent rental agreement (hereinafter referred to as the CONTRACT), which is governed by the following general terms and conditions:
- The purpose of the CONTRACT is the rental of a roof tent (hereinafter referred to as TENT).
- The subscription of a TENT rental order made by the CLIENT by telephone, email or an online form constitutes a negotiating proposal for the purposes of articles 224/1, 228 and 230 of the Portuguese Civil Code, as soon as TOPO receives and confirms it via an email sent to the CLIENT, without prejudice to the right to alter or terminate the terms and conditions defined by the CONTRACT.
- The TENT is exclusively intended to be used on the vehicle where it is installed by the TOPO team.
(Terms of Usage)
- The rental can be refused to those who do not offer guaranty of proper usage.
- The CLIENT has the option to adhere or not to the TOPO Damage Coverage Pack as defined in the Check-in/out Form.
(Price and Payment)
- The rental price is fixed at 24-hour intervals, according to the rates in force at the time of the conclusion of the CONTRACT.
- Payment is made in advance, according to the terms and means indicated on the TOPO online platform(s), upon subscription of the TENT rental order.
- All possible additional costs, namely arising from overtime and penalties laid out in the CONTRACT shall be immediately due and shall be paid upon delivery of the TENT, by deducting the due amount from the deposit.
- In the event of the CLIENT being in default of payment, TOPO has the right to demand, as a penalty, an amount equivalent to fifty percent of the amount owed, even if the CONTRACT is resolved on the grounds of non-payment.
(Length of rental)
- The rental period defined by the CLIENT in the rental order (via telephone, email or filling of an online form) is unique and without renewals, without prejudice to being further extended, by agreement between the parties, when confirmed by email.
- Without prejudice to the provisions of the preceding paragraph, TOPO and the CLIENT may agree in writing that the term of the CONTRACT can be renewed. TOPO will not be bound to any verbal statements that are not subsequently confirmed by email.
- The CLIENT may cancel the CONTRACT during its term and before the deadline, but will be bound to pay the price due over the total contract period.
(Tent and Equipment)
- Upon reception of the TENT, the CLIENT acknowledges that it has been delivered in a perfect state of preservation, cleanliness and functioning, without any apparent defects or anomalies, except those that are identified, when they exist, in a proper form filled out at the time of delivery of the TENT to the CLIENT.
- The TENT is equipped with the materials marked on a proper form that is filled when the TENT is delivered to the CLIENT (hereinafter referred to as EQUIPMENT).
- The loss or deterioration of the EQUIPMENT implies the payment, by the CLIENT to TOPO on the act of return of the TENT, of its unit price, indicated on the check-in/out form referred to in paragraph 2 of this Clause.
- The CLIENT is responsible for the identified damages made to the TENT that have not previously been registered in the document identified in paragraph 1 of this Clause and that are not covered by the Damage Coverage Pack.
(Limitations on Tent Usage)
- The TENT cannot be used by more than the maximum number of users indicated on the technical specifications, described on the website.
- The use of the TENT is expressly prohibited under the following conditions.
- For the use of more persons than those defined on the technical specifications;
- In circumstances that may entail an unusual wear and tear of the TENT;
- In violation of the Code of Conduct attached to these General Conditions and which form an integral part thereof.
3. The CLIENT is solely and exclusively responsible for the acts practiced by the users of the TENT and will be held accountable for any misuse of the TENT policies.
4. The CLIENT is responsible for the maintenance and cleaning of the TENT and its EQUIPMENT, at the time of checkout.
5. The TENT may only carry sleeping bags, sheets, blankets and cushions belonging to the user or to TOPO, under penalty of damaging the TENT and consequent payment of the respective indemnities by the CLIENT.
6. The CLIENT cannot make any repair or modifications to the TENT, without express written consent by TOPO, under penalty of the right of the latter to the resolution of the CONTRACT and the right to compensation for the replacement of the TENT to its original state, plus a penalty in the amount equivalent of twice the value of the carried-out intervention.
7. The CLIENT is obliged to respect the warnings and other TENT and EQUIPMENT usage rules, indicated by TOPO or established in TOPO’s online platforms and in separate documentation provided with the TENT, namely in the Code of Conduct attached to these General Conditions, of which they form an integral part. In not doing so, the CLIENT is fully aware and responsible for the payment of the penalties expressly established by TOPO or foreseen in the legislation.
- The CLIENT shall oblige the users of the TENTS to use them and the EQUIPMENT with care and diligence, and to respect the indications of usage that are given to them, in writing or orally, by TOPO, in particular in the Code of Conduct attached to the present General Conditions and which form an integral part thereof.
- The CLIENT is responsible for:
- Damages caused to the TENT that are not covered by the Damage Coverage Pack;
- Damages caused to the EQUIPMENT;
- The Damage Coverage Pack deductible whenever it is due;
- All fines or any other penalties, judicial or extrajudicial expenses, due to the violation of any legal norms regarding the TENT or its users during the term of the CONTRACT and until the delivery of the TENT, unless they are attributable to TOPO;
- The reimbursement of damages related to a possible deprivation of the use of the TENT by TOPO after the termination of the CONTRACT, in an amount equivalent to twice the daily rental price for each day or fraction of deprivation;
- Expenses for the forced or early collection or delivery of the TENT outside TOPO’s premises or other places or time agreed upon;
- Expenses arising from the collection of any sums owed by the CLIENT under the CONTRACT terms, including court fees, costs, legal late fees and attorney fees and enforcement agent fees;
- Whenever the TENT suffers any damage, it is TOPO that assists the right to designate who will repair it, without prejudice to the provisions of points b) and d) of the previous paragraph.
- The liability inherent to the use of the TENT may be covered by a Damage Coverage Pack, the terms and conditions of which are fully described on the Check-in/out Form.
- With the signing of this agreement, the CLIENT declares that he has taken full knowledge of the terms and conditions of the Contracted Damage Coverage Pack.
- When subscribed, the CLIENT will be bound to comply with all obligations imposed on the Damage Coverage Pack, and in the event of a claim, notify TOPO within a maximum period of six (6) hours.
- TOPO shall not be liable for any damages suffered by the CLIENT or by third parties, namely the users of the tents, related to the use of the TENT during the period between Check-in and Check-out and until the return of the TENT, nor by the loss or damage of assets owned by the CLIENT or third parties, that have been left there.
- TOPO shall not be liable for any failures of the TENT or consequential damages, except when attributed to TOPO by way of intent or gross negligence.
(Resolution and Expiry)
- The CLIENT may freely cancel or change the TENT’s rental service, except when the contracted package expressly excludes this possibility, under the following terms and conditions:
- The cancellation of the service prior to 30 (thirty) days from the rental starting date, has an associated cost of 25% of the paid amount;
- The cancellation of the service prior to 10 (ten) and up to 29 (twenty-nine) days from the rental starting date has an associated cost of 50% of the paid amount;
- The cancellation of the service less than 9 (nine) days from the rental starting date has an associated cost of 75% of the paid amount;
- The alteration of the service outside the conditions set out in a), b) and c) is subject to TOPO’s availability and may import an additional fee of € 100.00 (one hundred euros) per change.
- TOPO may terminate the CONTRACT whenever the CLIENT fails to comply with any obligation to which it is contractually or legally bound, without prejudice to the CLIENT’s obligation to pay the penalties contractually foreseen, who may still be required to pay compensation for non-compliance.
- The CONTRACT shall expire under the following circumstances: verification of its term in case of loss or destruction of the TENT and in case of declaration of insolvency by TOPO.
Without prejudice of the right to terminate the CONTRACT by TOPO on the basis of breach, and of the CLIENT’s duty to address any breach and to solve the consequences thereof, the CLIENT shall be obliged to pay TOPO, as a penalty, an equivalent amount to the daily rental price, for each non-compliance with the obligations set forth in the CONTRACT and for each day on which such non-compliance is maintained, whether resulting from acts or omissions, without prejudice to other penalties specifically provided for in the CONTRACT or established in the applicable legislation.
- The termination of the CONTRACT, regardless of the cause or legal form by which it will operate, immediately makes mandatory the return of the TENT under the same conditions in which it was delivered to the CLIENT.
- If the CLIENT does not return the TENT within a maximum period of two hours after the termination of the CONTRACT, he is obliged, for each day or fraction of the delay, to pay, as a penalty, an amount equivalent to twice the daily rental price without prejudice to TOPO’s right to demand from the CLIENT the payment in addition to any eventual damages and loss of profits.
- Without prejudice to the previous number, after termination of the CONTRACT, TOPO may withdraw the TENT from the CLIENT at any time without prior notice and at the CLIENT’S expense.
- For the resolution of any litigation arising from this CONTRACT, particularly regarding its interpretation, application, termination, requirement of compliance, amendment and annulment, the courthouse competent for this matter is the Tribunal da Comarca de Lisboa with express renunciation to others that by law would be considered competent by territory.
- For the purposes of communications or quotes in court for the fulfillment of pecuniary obligations arising from the CONTRACT, the Parties establish the addresses indicated in the completed Application form before the delivery of the TENT.
- Any changes to these general conditions will only be valid if they are reduced to writing and no link is made to TOPO through any verbal declarations that are not confirmed in writing.
- TOPO may have access to personal data of the CLIENT, and may send him communications in order to disclose products and services, unless expressly refused by the CLIENT and without prejudice to his right of access, rectification and elimination of personal data, by accordingly sending a written communication to TOPO.
- Code of conduct
- Check-in form
Lisbon, _______________________ 2019
By the Client: ______________________________
By JANGADA CAMPESTRE LDA: