Car Rental Agreement

OnCarus is a brand of WUSMAR LDA

1.Driver Requirements  
1.1 Eligibility Requirements 
All individuals intending to operate a rental vehicle under this Agreement must comply with the following eligibility conditions: 
Each driver must have attained the minimum age of twenty-three (23) years. 
Each driver must hold a valid driving license that has been issued for a minimum continuous period of two (2) years, calculated from the date of issuance of said license. 
At the time of vehicle collection, every driver is required to present original and valid identification documents, specifically including a passport and a driving license. Copies of any kind, whether digital reproductions or physical duplicates, shall not be accepted under any circumstances.
All drivers must be physically present in person at the time of vehicle pick‑up. No exceptions to this requirement shall be permitted. 
1.2 Primary Driver and Booking Conditions 
The individual in whose name the reservation is made must also be the holder of the payment card used for the reservation.
Unless explicitly stated otherwise, it shall be presumed that the person completing the booking is also the primary driver. 
At the moment of reservation, the primary driver must provide complete and accurate personal information, including full name, passport details, and driving license information.
This individual shall be legally recognized as the renter (client) and primary driver under the rental agreement. 
Any deviation from this requirement must be communicated at the time of booking and explicitly confirmed by  WUSMAR LDA (OnCarus). 
1.3 Additional Drivers 
Additional drivers may be added to the rental agreement without any additional charge, subject to prior approval by WUSMAR LDA (OnCarus) and compliance with all driver eligibility requirements.
The primary driver remains fully responsible for ensuring that all additional drivers are declared at the time of booking and that they meet all eligibility requirements set forth in this Agreement. 
All additional drivers must present original valid documentation, must be physically present at the time of vehicle collection, must sign the rental agreement, and shall be fully bound by all terms and conditions of this contract in the same manner as the primary driver. 
1.4 Responsibility and Declarations 
The primary driver bears full and sole responsibility for the accuracy, completeness, and correctness of all information provided during the booking process, including all driver‑related details. 
The renter (client) declares and confirms that all listed drivers are physically and legally fit to operate the vehicle and are fully authorized to do so under applicable law. 
By signing this Agreement, the renter (client) explicitly confirms acceptance of all terms and conditions contained herein, acknowledges receipt of a copy of this Agreement, and confirms that the vehicle, together with all accessories and equipment, has been received in good, safe, and proper working condition. 
 
2. Fleet and Rental Conditions 
2.1 Payment and Availability 
Without full payment, the availability of the vehicle and the applicable rental rates cannot be guaranteed. 
No reservation shall be considered confirmed until payment has been successfully completed. 
Only upon receipt of full payment are both the vehicle availability and the agreed pricing formally secured, except where expressly provided otherwise under Clause 4.6 (Long-Term Rental Payment Conditions).
2.2 Guaranteed Models and Vehicle Substitution 
When a specific vehicle model is displayed during the online reservation process, it is shown for reference and category purposes only. The availability of that exact vehicle cannot be guaranteed. 
If the indicated vehicle is not available at the time of rental due to mechanical failure, operational requirements, or circumstances beyond the Company’s control, WUSMAR LDA (OnCarus) will provide a substitute vehicle of a similar type, category, or class.  
2.3 Rental Extension 
Any request to extend the rental period beyond the originally agreed termination date must receive prior express approval from the WUSMAR LDA (OnCarus). 
Such approval must be granted in advance and in writing. 
It is mandatory that WUSMAR LDA (OnCarus) is informed immediately of any intended extension in order to ensure that insurance coverage can be properly adjusted and extended without interruption for the full duration of the rental period. 
 
3. Vehicle Condition, Collection, Use, and Return 
3.1 Condition of the Vehicle at Delivery 
WUSMAR LDA (OnCarus) declares that, to the best of its knowledge and belief, the vehicle is delivered in a sound, safe, and roadworthy condition, free from any known defects that could impair its normal use.
The RENTER (CLIENT) shall be afforded the opportunity to inspect the vehicle prior to taking possession. By accepting delivery, the RENTER (CLIENT) confirms that the vehicle is in good condition, except for any damage expressly recorded in the official damage report, which forms an integral and binding part of this Agreement. 
3.2 Vehicle Collection (Pick‑Up) 
Vehicle collection and return shall be available daily between 09:00 and 18:00. 
Delivery and collection may be arranged at agreed locations across the island. 
Standard pick‑up locations and applicable fees are as follows: 
– Office – Sal Rei: free of charge 
– Rabil Airport: free of charge 
– Riu Karamboa: free of charge 
– Riu Palace: free of charge 
– Riu Touareg: €20 one-time fee, including vehicle collection and return 
Villas Praia de Chaves and surrounding hotels: free of charge 
Alternative locations can be arranged upon request; a delivery and collection fee may apply depending on the location and distance. 
At the time of collection, the primary driver and all additional drivers must be physically present. Each driver must present original valid passports and driving licenses. 
The primary driver must present a valid credit card in their own name with sufficient available funds to cover the applicable vehicle damage excess under the selected protection package.
The €400 security deposit may be paid by credit card or in cash.
All parties must sign the rental agreement before the vehicle is released. 
A grace period of 30 minutes applies to vehicle collection. Failure to arrive within this period may result in the booking being considered a no‑show and cancelled without refund. Exceptions apply only in the case of documented flight delays, provided a valid flight number was supplied in advance. 
3.3 Refusal of Handover 
The WUSMAR LDA (OnCarus) reserves the right to refuse release of the vehicle if any required conditions are not met, if any driver or the RENTER (CLIENT) is deemed unfit to drive, or where any driver or the RENTER (CLIENT) is intoxicated, presents fraudulent documentation, poses a safety risk, behaves aggressively, or fails to satisfy the requirements of this Agreement.
In such cases, the WUSMAR LDA (OnCarus) may refuse handover immediately, and no refund or compensation of any kind shall apply. 
3.4 Use and Responsibility During Rental 
The RENTER (CLIENT) is responsible for the vehicle and all equipment throughout the rental period, subject to the applicable Protection Package, damage excesses, exclusions, and limitations set out in this Agreement. This responsibility extends to all authorized additional drivers. The RENTER (CLIENT) remains fully liable for any damage, loss, fines, penalties, or other costs arising from the use or misuse of the vehicle, regardless of which authorized driver was operating the vehicle at the time. This responsibility includes any recovery, towing, rescue, transport, or related costs arising from off-road driving or the vehicle becoming stuck. The RENTER (CLIENT) confirms that all drivers comply with the terms of this Agreement.
3.5 Return of the Vehicle and Liability 
The RENTER (CLIENT) shall return the vehicle, together with all tires, tools, accessories, equipment, and documentation, at the agreed date, time, and location specified in the rental agreement, and in the same condition as received, reasonable wear and tear excepted.
Failure to comply with the agreed return conditions, including returning the vehicle to a different location without prior authorization, shall result in the RENTER (CLIENT) being held fully liable for all resulting costs, including but not limited to damage or loss, loss of use of the vehicle as calculated under Clause 5.8, recovery, relocation, or transport costs, and any administrative or operational expenses incurred by the WUSMAR LDA (OnCarus). Recovery costs arising from off-road driving are governed by Clause 5.5.
In the event of a late return, a fee equal to 50 percent of the daily rental rate per hour shall be charged. If the WUSMAR LDA (ONCARUS) is required to retrieve the vehicle, all associated costs shall be fully charged to the RENTER (CLIENT). 
3.6 Fuel Policy (Full‑to‑Full) 
The vehicle is provided with a full tank of fuel and must be returned in the same condition. Any missing fuel shall be charged at a rate of €2 per liter, deducted directly from the security deposit. 
3.7 Mileage Policy 
The rental includes unlimited kilometers at no additional cost. 
3.8 Vehicle Equipment and Keys 
The RENTER (CLIENT) is fully responsible for all vehicle equipment and accessories provided during the rental period. In the event of loss, theft, or damage to any item—including but not limited to keys, antenna, jack, safety triangles, safety vests, windscreen wipers, fuel cap, luggage covers, or any fixed or removable component of the vehicle—the RENTER (CLIENT) shall be fully liable for the complete replacement cost. All such costs shall be deducted from the security deposit without exception.

4. Payments, Deposits, and Cancellations  
4.1 Payment Conditions 
All rentals must be paid in full and in advance, except for rentals exceeding one (1) month, which are subject to the separate payment conditions set out in Clause 4.6.
No refunds shall be granted for unused rental time in the event of late pick‑up or early return. 
All credit or debit cards used for payment must be issued in the name of the primary driver and must be physically presented at the commencement of the rental period. 
The primary driver must ensure that sufficient funds are available to cover any applicable excess as stipulated under this Agreement. 
4.2 Security Deposit 
At the time of vehicle collection, the primary driver RENTER (CLIENT) is required to provide a refundable security deposit of €400, payable by cash or credit card.
The security deposit is separate from the applicable vehicle damage excess. Payment of the €400 security deposit does not limit the RENTER’s liability to €400. Where the RENTER (CLIENT)  is liable for damage, loss, or other costs exceeding the security deposit, the RENTER (CLIENT) remains responsible for the full amount due under the applicable protection package and these Terms and Conditions.
The security deposit may be applied to cover any loss, damage, or missing items related to the vehicle or its equipment during the rental period, including but not limited to keys, accessories, or components. 
The deposit may also be used to cover fuel shortages in accordance with the fuel policy set forth in Clause 3.6.
The deposit shall be refunded in full upon return of the vehicle, provided that the vehicle, equipment, and accessories are returned in the same condition as received, reasonable wear and tear excepted. 
The security deposit may also be used to cover recovery, towing, rescue, transport, or other costs payable by the RENTER under these Terms and Conditions. If the costs exceed the security deposit, the RENTER (CLIENT) remains liable for the outstanding balance and WUSMAR LDA may charge the payment card on file or issue an invoice.
4.3 Optional Extras 
The RENTER (CLIENT) may elect to include additional services at the time of booking, including but not limited to:
Medium Protection: 15€ per day This coverage reduces the renter’s liability for vehicle damage from the full value of the car (30 000€) to 10 000€. It also includes tire protection (including flat tires) and windshield protection.
Premium Protection: 20€ per day This coverage reduces the renter’s liability for vehicle damage from the full value of the car (30 000€) to 3 000€. It also includes tire protection (including flat tires), windshield protection, and theft protection.
All selected extras shall be charged in full at the time of booking and are strictly non‑refundable once the booking has been confirmed.
Important:
– If Medium Protection or Premium Protection is not purchased, the renter remains fully liable for the full value of the vehicle (30 000€).
– Off-road recovery is not included in any protection package. If the vehicle gets stuck due to off-road driving, all recovery and rescue costs are the renter’s responsibility, starting from €300 depending on the location and recovery required.
4.4 Cancellation Policy 
Cancellations made at least forty-eight (48) hours prior to the scheduled pick-up time are eligible for a refund of the rental amount.
Cancellations made less than forty-eight (48) hours but at least twenty-four (24) hours prior to the scheduled pick-up time are eligible for a fifty percent (50%) refund of the total booking amount, provided that the booking was originally made more than forty-eight (48) hours before the scheduled pick-up time.
Cancellations made less than twenty-four (24) hours before the scheduled pick-up time are non-refundable.
Bookings made within forty-eight (48) hours of the scheduled pick-up time are strictly non-cancellable and non-refundable.
Optional extras, including Protection Packages, are non-refundable once the booking has been confirmed.
4.5 Amendments to Booking 
Any request to modify a booking must be submitted at least forty‑eight (48) hours prior to the scheduled pick‑up time via email to sales@OnCarus.com. Requests for changes submitted within forty‑eight (48) hours of the scheduled pick‑up time shall not be accepted, and no refunds shall be issued under such circumstances.
Amendments are only valid once confirmed in writing by WUSMAR LDA (OnCarus). The renter remains bound by the original booking until such confirmation is issued.
Important: Any amendment that removes Premium Protection shall automatically restore the renter’s liability to the full value of the vehicle (€30,000). Premium Protection must be expressly confirmed in writing at the time of booking or amendment to be valid. No verbal agreements or informal communications shall alter this liability.
4.6 Long‑Term Rental Payment Conditions 
For rentals exceeding one (1) month, the following payment conditions shall apply: 
– The first month’s rental fee must be paid in full and in advance at the time of vehicle collection. 
– Payment for each subsequent month shall be made by bank transfer to the following account:
Bank: BANCO INTERATLANTICO IBAN: CV64 0005 0000 0992 7563 1019 7 SWIFT/BIC: CGDICVCP 
– Such payments must be received and cleared in the Company’s account no later than three (3) days prior to the end of the current rental month. 
– Failure to comply with these payment deadlines shall constitute a breach of contract and may result in immediate termination of the rental agreement and repossession of the vehicle without refund. 
 
5. Driver Responsibilities, Insurance, and Liabilit
5.1 General Responsibility of the Renter (client) 
The RENTER (CLIENT) shall bear full and exclusive responsibility for the vehicle during the entire rental period. This responsibility includes liability for any loss, theft, or damage to the vehicle, as well as damage to third‑party property, except where such damage is expressly covered under the applicable insurance terms of this Agreement. The RENTER (CLIENT) shall also be fully responsible for all traffic fines, penalties, tolls, parking violations, and any other charges incurred during the rental period, regardless of which authorized driver was operating the vehicle at the time. 
5.2 Accidents, Reporting, and Immediate Obligations 
In the event of an accident, the RENTER (CLIENT) must immediately notify both the police and the WUSMAR LDA (ONCARUS). The RENTER (CLIENT) must remain at the scene until police or emergency services arrive, unless remaining at the scene would create a danger to the RENTER or others. The vehicle must not be moved unless instructed or authorized by the police, emergency services, or WUSMAR LDA (OnCarus), except where moving the vehicle is necessary to prevent an immediate safety hazard.
An official police report must be obtained, and an accident report must be completed. Failure to comply with these requirements may result in the RENTER (CLIENT) being held fully liable for all repair and replacement costs. In the event of breakdown, mechanical failure, or minor damage where no third party is involved, the RENTER (CLIENT) must immediately contact the WUSMAR LDA (OnCarus). Under no circumstances shall the RENTER (CLIENT) attempt to repair, modify, or replace any part of the vehicle without prior written authorization from the WUSMAR LDA (OnCarus). In the event of theft, robbery, or attempted theft, the RENTER (CLIENT) must immediately file a complaint with the competent authorities, preserve all evidence and indications, and cooperate fully with investigative procedures, as required under the insurance policy. 
5.3 Accident Consequences and Liability 
If an accident is caused by the RENTER (CLIENT) or any authorized driver, the WUSMAR LDA (Oncarus) shall be under no obligation to provide a replacement vehicle, refund, or alternative transport. The RENTER (CLIENT) shall be solely responsible for arranging and covering all costs related to their own transportation following such an accident. 
5.4 Wildlife, Night Driving, and Environmental Risks (Boa Vista Specific Conditions) 
The RENTER (CLIENT) acknowledges that wildlife is highly present in Boa Vista, particularly during nighttime driving. Animal collisions can occur and shall remain the responsibility of the RENTER (CLIENT). Any damage, loss, repair costs, or other expenses resulting from a collision with wildlife or an animal shall be the responsibility of the RENTER (CLIENT), subject to the applicable damage excess under the Protection Package selected by the RENTER (CLIENT).
5.5 Off-Road Driving and Recovery
The RENTER (CLIENT) acknowledges that Boa Vista contains unpaved roads, sandy tracks, and remote areas where driving conditions may differ significantly from standard paved roads. Off-road driving is permitted only on suitable unpaved roads and tracks that are normally accessible to standard rental vehicles and is undertaken entirely at the RENTER’S own risk.
Driving on beaches, sand dunes, heavy or deep sand, through seawater, rivers, flooded areas, water crossings, or any terrain requiring specialist off-road driving techniques or equipment is strictly prohibited.
The RENTER (CLIENT) assumes full responsibility for any situation in which the vehicle becomes stuck, immobilized, lost, damaged, or otherwise requires assistance, recovery, towing, transport, or rescue while being operated on unpaved roads, off-road terrain, or any prohibited area.
All recovery, towing, rescue, transport, storage, and related operational costs shall be borne entirely by the RENTER (CLIENT). Recovery and rescue charges start from €300 and may increase depending on the location, accessibility, equipment, personnel, and services required.
Recovery, towing, rescue, and transport costs are not covered by any Protection Package and remain payable regardless of any Protection Package selected by the RENTER (CLIENT).
Any damage resulting from driving in prohibited areas, including beaches, sand dunes, heavy or deep sand, water crossings, seawater, flooded areas, or other unsuitable terrain, shall remain the sole responsibility of the RENTER (CLIENT) and may be charged separately from any Protection Package benefits.
Under no circumstances shall the RENTER (CLIENT) abandon the vehicle. Any abandonment shall result in full liability for all recovery, transport, operational, storage, and related costs incurred by WUSMAR LDA (OnCarus).
5.6 Optional Protection Services 
Optional protection services may be purchased by the Renter at the time of booking or prior to vehicle collection: 
Medium Protection: Available at 15€ per day. This coverage reduces the standard damage excess to 10 000€ and includes protection for all tire‑related damages, replacements, and windshield coverage.
Premium Protection: Available at 20€ per day. This coverage reduces the standard damage excess to 3 000€ and includes protection for all tire‑related damages, replacements, and windshield coverage. Premium Protection will also include theft protection.
Off-road recovery is not included in any protection package. Any recovery or rescue required as a result of off-road driving shall remain the sole responsibility of the RENTER (CLIENT), with recovery charges starting from €300.
5.7 Insurance Coverage and Limitations 
The rental includes basic insurance covering Third-Party Liability Insurance and Personal Accident Protection (PAI) for authorized drivers and passengers.
– Basic Protection includes Third-Party Liability Insurance and Personal Accident Protection (PAI). The applicable damage excess is 30 000€ (equal to the full value of the vehicle). The renter remains fully liable up to this amount for any damage, loss, or destruction of the rental vehicle. Theft Protection, Tire Coverage, Windshield Coverage, and Off-Road Rescue are not included in this package.
– Medium Protection includes Third-Party Liability Insurance, Personal Accident Protection (PAI), Tire Coverage, and Windshield Coverage. The applicable damage excess is 10 000€. Theft Protection and Off-Road Rescue are not included in this package.
– Premium Protection includes Third-Party Liability Insurance, Personal Accident Protection (PAI), Tire Coverage, Windshield Coverage and theft protection. The applicable damage excess is 3 000€. 
The selected Protection Package and applicable excess are confirmed in the rental agreement. Any damage, loss, or costs resulting from circumstances excluded under these Terms and Conditions or the applicable insurance policy remain the responsibility of the renter.
Insurance shall not cover, and the RENTER (CLIENT) shall remain fully liable for, damages resulting from: 
– Intentional damage or gross negligence. 
– Driving under the influence of alcohol, drugs, or unauthorized medication. 
– Engine damage caused by water ingress, flooding, or river crossings. 
– Natural disasters including earthquakes, floods, hurricanes, or other violent convulsions of nature. 
– Acts of terrorism, sabotage, war, riots, insurrection, or civil unrest. 
– Radioactive contamination or nuclear risks. 
– Damage to extras (non‑standard equipment, advertising paint, or accessories) unless declared and insured. 
– Damage during loading or unloading operations.
– Damage arising from collisions with wildlife or domestic animals is subject to the applicable damage excess under the Protection Package selected by the renter and is not excluded solely because the collision involved an animal.
– Damage caused by excess load or transporting passengers beyond the legal limit.
– Damage to the underside of the vehicle, including the oil sump, underbody components, or other components located underneath the vehicle, is not covered by any Protection Package and remains the sole responsibility of the RENTER (CLIENT).
– Damage to tires, wheels, suspension, glass, lights, battery, or radio is not covered under Basic Protection, unless resulting directly from a covered collision or fire. Tire and windshield coverage is included only with Medium Protection or Premium Protection, subject to the applicable terms, conditions, and exclusions.
– Theft or loss of the vehicle is covered only when Premium Protection has been purchased and provided that all obligations under this Agreement and the applicable insurance conditions have been fulfilled. 
– Damage resulting from racing, rallies, competitions, or driving in areas specifically prohibited under these Terms and Conditions.
Off-road driving is permitted only at the renter’s own risk and subject to the restrictions set out in Clause 5.5. Recovery or rescue costs resulting from off-road driving are not covered by any protection package and remain the responsibility of the renter.
5.8 Vehicle Damage and Cleaning Costs 
The charges listed in this Clause represent the standard cost of repairing or remedying the specified damage or condition. Where such damage is covered under the Protection Package selected by the RENTER (CLIENT), the applicable Protection Package terms and damage excess shall apply. Where such damage is not covered, the charges listed below may be charged in full.
The Renter is responsible for any damage to the vehicle beyond normal wear and tear. For the avoidance of doubt, “normal wear and tear” refers to minor cosmetic marks that do not affect the safe operation or value of the vehicle. The following definitions and indicative costs apply: 
– Small scratches ≤ 5 cm, that do not penetrate the paint and do not affect the appearance, safety, or value of the vehicle are considered normal wear and tear.
– Large scratches (> 5 cm or through paint): considered damage; repair costs 250€ per panel. 
– Small dents (≤ 2 cm, no paint damage): minor repair 100€. 
– Large dents (> 2 cm or with paint damage): bodywork required 300€ per panel. 
– Windshield damage (chips or cracks): repair or replacement required 500€ depending on severity. 
– Flat tire / tire damage: repair or replacement 250€ per tire. 
Normal use of the vehicle on sandy roads and tracks is permitted. Excessive sand, mud, or dirt requiring additional cleaning may incur the applicable cleaning fee.
– Interior cleaning (excessive dirt, stains, sand, odors): 40€ cleaning fee. 
– Exterior cleaning (excessive dirt, sand, salt, mud): 25€ cleaning fee. 
Vehicle Downtime / Loss of Use
If the vehicle becomes unavailable for rental because of damage caused by the RENTER (CLIENT) or any authorized driver, the RENTER (CLIENT) shall be responsible for the loss of use of the vehicle for every day that the vehicle remains unavailable due to inspection, assessment, repair, replacement of parts, or other work required as a result of such damage.
For each day the vehicle is unavailable for these reasons, the RENTER (CLIENT) shall pay a loss-of-use charge equal to the daily rental rate applicable to the RENTER’s original booking.
For the purpose of calculating this charge, the daily rental rate means the base vehicle rental rate stated in the original rental agreement, excluding optional protection packages, additional services, delivery fees, and other extras.
The loss-of-use charge applies in addition to any applicable repair costs, damage excess, recovery costs, towing costs, replacement costs, or other amounts for which the RENTER (CLIENT) is responsible under this Agreement.
No loss-of-use charge shall apply where the vehicle is unavailable due to mechanical failure, normal maintenance, or damage not caused by the RENTER (CLIENT) or an authorized driver.
All charges shall be deducted from the security deposit or invoiced to the Renter if the deposit is insufficient. WUSMAR LDA (OnCarus) reserves the right to adjust costs depending on the extent of damage or cleaning required, and to provide supporting documentation of such charges. 
5.9 Traffic Fines and Administrative Charges 
In the event that traffic fines are issued and the amount is not immediately clarified by the authorities, the WUSMAR LDA (OnCarus) reserves the right to apply for a 50€ administrative processing fee per fine. If the fine amount is later confirmed by the authorities, the total cost including the administrative fee shall be deducted directly from the security deposit. In cases where the deposit is insufficient, the WUSMAR LDA (OnCarus) reserves the right to issue an invoice to the RENTER (CLIENT) for any outstanding amounts, which must be paid in full upon request. 
5.10 Indemnity and Legal Protection 
The RENTER (CLIENT) agrees to indemnify, defend, and hold harmless WUSMAR LDA (OnCarus) against any claims, losses, damages, liabilities, or legal proceedings arising from the use or possession of the vehicle during the rental period. This indemnity includes, but is not limited to, legal fees, court costs, damages to third parties, personal injury claims, and other related expenses. This indemnity obligation shall survive the termination or expiration of this Agreement.
This indemnity shall apply only to the extent that such claims, losses, damages, liabilities, or expenses arise from the acts, omissions, negligence, breach of this Agreement, or unlawful conduct of the RENTER (CLIENT) or any authorized driver, and only to the extent that such claims, losses, damages, liabilities, or expenses are not covered by applicable insurance.
Nothing in this clause shall require the RENTER (CLIENT) to indemnify WUSMAR LDA (OnCarus) for any claims, losses, damages, liabilities, or expenses arising from the negligence, willful misconduct, or breach of this Agreement by WUSMAR LDA (OnCarus).
 
6. Use of Vehicle and Restrictions 
6.1 General Use and Compliance 
The RENTER (CLIENT) agrees that the vehicle shall be operated strictly in compliance with the laws of Cabo Verde and in accordance with all terms and conditions set forth in this Agreement. Under no circumstances may the vehicle be driven by any person other than the primary driver and any additional drivers expressly identified, approved by the WUSMAR LDA (OnCarus), and included in this contract or in any duly executed amendment. Any breach of this condition may result in the exclusion of insurance coverage and shall render the RENTER (CLIENT) fully liable for all resulting damages, losses, and costs. 
6.2 Prohibited Uses 
The RENTER (CLIENT) undertakes not to use, nor permit the use of, the vehicle in any of the following circumstances:
– Off-road driving is subject to the restrictions set out in Clause 5.5.
– The vehicle shall not be driven on beaches, through seawater, water crossings, flooded areas, or any other body of water under any circumstances. (see Clause 5.5.)
– The vehicle shall not be driven into sand dunes, heavy or deep sand set out in Clause 5.5.
– The vehicle shall not be used for the transport of passengers or goods for hire, reward, or any form of compensation, whether direct or indirect. 
– The vehicle shall not be used to push, tow, or propel any other vehicle, trailer, or object without the prior written consent of the WUSMAR LDA (OnCarus). 
– The vehicle shall not be used for any race, competition, rally, or sporting event, whether official or unofficial. 
– The vehicle shall not be operated by any person under the influence of alcohol, drugs, or any substance that impairs the ability to drive safely. 
– The vehicle shall not be used in violation of any applicable laws, regulations, or the conditions stated in the vehicle registration documents. 
– The vehicle shall not be used for any unlawful, negligent, reckless, or improper purpose. 
– The vehicle shall not be used to transport animals or to carry passengers outside the designated interior seating area of the vehicle.
6.3 Driver Obligations 
The RENTER (CLIENT) represents and warrants that all authorized drivers are legally entitled and physically fit to operate the vehicle. The RENTER (CLIENT) further undertakes that the vehicle shall not be used in any manner that violates applicable laws, or that may be considered unsafe, improper, or negligent. 
6.4 Repairs, Modifications, and Encumbrance 
The RENTER (CLIENT) shall not carry out, nor permit, any repairs, modifications, or alterations to the vehicle or its accessories without the prior written consent of the WUSMAR LDA (Oncarus). The RENTER (CLIENT) shall also not sell, lease, mortgage, pledge, or otherwise encumber the vehicle, this Agreement, or any related documentation or equipment under any circumstances. 
6.5 Transport Restrictions 
The rental vehicle must remain on Boa Vista Island at all times. It is strictly prohibited to transport the vehicle outside Boa Vista or on board any ship, truck, aircraft, ferry, or any other means of transport without the prior written authorization of WUSMAR LDA (OnCarus). Any breach of this condition shall render the Renter fully liable for all resulting damages, losses, recovery costs, and administrative expenses, and may result in immediate termination of the rental agreement without refund. 
6.6 Security of Vehicle and Documentation 
When the vehicle is not in use, the RENTER (CLIENT) must ensure that it is securely closed and locked at all times. The vehicle’s documentation must not be left inside the vehicle under any circumstances and must remain in the possession of the RENTER (CLIENT) at all times. 
6.7 Fines and Legal Responsibility 
The RENTER (CLIENT) shall be fully responsible for the payment of any fines, penalties, administrative charges, or legal costs imposed by any judicial or administrative authority arising from the use of the vehicle during the rental period. 
6.8 Breach and Repossession 
In the event of any breach of the provisions set out in this clause, the WUSMAR LDA (OnCarus) reserves the right to immediately repossess the vehicle without prior notice and without any obligation to provide compensation. This right shall be exercised without prejudice to any further legal rights, remedies, or claims available to the WUSMAR LDA (OnCarus) under this Agreement or applicable law. 
 
7. Governing Law and Jurisdiction 
7.1 Governing Law 
This Agreement shall be governed by and construed in accordance with the laws of Cabo Verde. The Parties expressly agree that this Agreement constitutes a legally binding contract under the laws of Cabo Verde. Any claim, dispute, or legal action arising out of or in connection with this Agreement must be initiated within one (1) year from the date on which the cause of action arose. 
7.2 Jurisdiction 
Subject to the mandatory arbitration provisions of Section 8, any matter relating to the enforcement, recognition, or challenge of an arbitration decision, or any matter that is not subject to arbitration under applicable law, shall fall under the jurisdiction of the competent courts of Cabo Verde.
In the event that any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain valid, binding, and enforceable in full force and effect. 
 
8. Arbitration 
8.1 Referral to Arbitration 
In the event that any dispute, claim, or demand arising out of or relating to this Agreement cannot be resolved amicably between the Parties, such dispute shall be referred to arbitration and shall be finally resolved through arbitration proceedings. 
8.2 Arbitration Procedure and Venue 
The arbitration shall take place in Praia, Cabo Verde, and shall be conducted in accordance with the applicable arbitration laws and regulations of Cabo Verde in force at the time of the dispute. The arbitration shall be conducted by a single arbitrator appointed by mutual agreement between the Parties. In the event that the Parties are unable to agree on the appointment of an arbitrator, the arbitrator shall be appointed by the competent arbitration authority in Cabo Verde in accordance with applicable procedures. 
8.3 Authority and Binding Effect of Arbitration 
The arbitrator shall apply the laws of Cabo Verde in resolving the dispute and shall not have the authority to award punitive or exemplary damages. The decision rendered by the arbitrator shall be final, binding, and enforceable upon both Parties and may be enforced by any court of competent jurisdiction. 
 
9. Data Protection and Privacy 
9.1 Commitment to Data Security 
WUSMAR LDA (OnCarus) prioritizes the security and confidentiality of your personal data. Your information is collected and used strictly for the purposes of managing reservations, verifying driver eligibility, processing payments, and ensuring compliance with insurance and legal requirements. 
9.2 Data Collected 
WUSMAR LDA (OnCarus) may collect and process the following categories of personal data: 
– Identification documents (passport, national ID card, driving license). 
– Contact details (full name, address, telephone number, email). 
– Payment and transaction information, including information necessary to process payments through our payment providers.
– Rental history and transaction records. 
9.3 Purpose of Processing 
Personal data is processed exclusively for: 
– Rental management and contract execution. 
– Insurance coverage verification. 
– Fraud prevention and compliance with legal obligations. 
– Customer service and operational support. 
9.4 Data Sharing 
Personal data may be shared with third-party service providers where necessary to process payments, manage reservations, provide insurance services, maintain business systems, comply with legal obligations, or otherwise perform the rental agreement. Personal data may also be disclosed to law enforcement, regulatory authorities, insurers, or other competent authorities where legally required or permitted.
9.5 Data Retention 
Personal data will be retained only for the period necessary to fulfill contractual and legal obligations. After this period, data will be securely deleted or anonymized. 
9.6 Renter Rights 
Where applicable, personal data shall be processed in accordance with GDPR requirements and applicable Cabo Verde data protection legislation. The Renter has the right to: 
– Access their personal data. 
– Request correction or deletion of inaccurate data. 
– Restrict or object to processing in certain circumstances. 
– Request portability of their data. Requests must be submitted in writing to WUSMAR LDA (OnCarus). 
9.7 Security Measures 
WUSMAR LDA (OnCarus) implements appropriate technical and organizational measures to protect personal data against unauthorized access, alteration, disclosure, or destruction. 
 
10. General Provisions  
10.1 Entire Agreement 
This Agreement, including any annexes, schedules, or attachments, constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior agreements, negotiations, representations, or understandings, whether written or oral. 
10.2 Amendments and Waivers 
No amendment, modification, or variation of this Agreement shall be valid or enforceable unless it is made in writing and signed by duly authorized representatives of both Parties. The failure of either Party to enforce any provision of this Agreement shall not be considered a waiver of such provision or of any subsequent breach, unless such waiver is expressly stated in writing and signed by both Parties. 
10.3 Severability 
If any provision of this Agreement is declared invalid, illegal, or unenforceable by a competent authority or court, such provision shall be deemed severed from the Agreement, and the remaining provisions shall continue in full force and effect. 
10.4 Notices 
Any notice or communication required or permitted under this Agreement shall be made in writing and shall be delivered to the addresses provided by the Parties or to any other address that has been duly communicated in writing by either Party. 
10.5 Survival of Terms 
Any provisions of this Agreement which, by their nature, are intended to survive termination or expiration of the Agreement shall remain in full force and effect until fully performed and shall be binding upon the Parties and their respective successors, assigns, and permitted representatives. 
10.6 Execution 
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above, confirming their full acceptance and agreement to all terms and conditions contained herein. 
 
11. Acknowledgment and Signature 
By signing below, the Renter confirms that they have read, understood, and agreed to all terms and conditions set forth in this Agreement. 
The Renter expressly authorizes WUSMAR LDA (OnCarus) to debit the nominated credit card or debit card for all amounts due under this Agreement, including rental charges, deposits, fees, fines, and any other costs incurred during the rental period, or other amounts becoming payable under this Agreement, including charges identified after the rental period has ended.
The Renter further acknowledges and agrees that, regardless of any other matter, they remain personally liable for all outstanding balances until paid in full. The Renter acknowledges that damage to the underside of the vehicle and oil sump is not covered by any protection package and remains the sole responsibility of the RENTER. Theft of the vehicle is covered only where Premium Protection has been purchased and all conditions and obligations of this Agreement and the applicable insurance policy have been fully complied with.
The RENTER (CLIENT) confirms that they have been informed that off-road driving is permitted only at their own risk and that beaches, water crossings, and heavy or deep sand dunes are prohibited. The RENTER acknowledges that any recovery or rescue required as a result of off-road driving is their responsibility and that recovery charges start from €300.
Where the security deposit is paid in cash, the RENTER (CLIENT) remains responsible for all additional amounts payable under this Agreement. WUSMAR LDA (OnCarus) may issue an invoice for any outstanding amount and the RENTER agrees to pay such amount upon request.
The RENTER should notify WUSMAR LDA (OnCarus) of any complaint, damage, discrepancy, or claim as soon as reasonably possible and, where applicable, before the end of the rental period. Failure to report an issue during the rental period may affect the Company’s ability to investigate or verify the claim. This provision does not exclude any rights or remedies that cannot legally be waived under applicable law.