General Terms & Conditions
1. Subject of the general terms and conditions
1.1 The subject of the general terms and conditions is the regulation of the order conditions for brokerage transactions of HeroCarsPortugal (hereinafter referred to as HCP) with its customers.
1.2 HCP’s customers are on the one hand providers of vehicles (hereinafter referred to as OWNER) and on the other hand inquiring companies linked to the film, photo and event industry (hereinafter referred to as PRODUCTION).
1.3 For insurance reasons vehicles cannot be rented for private purposes (e.g. weddings).
1.4 The general terms and conditions apply in the version valid at the time the order is placed.
1.5 HCP acts as broker for external services (i.e. vehicle provision by the OWNER, vehicle rental through PRODUCTION and in certain cases additional affiliated services).
1.6 The general terms and conditions regulate the completion of the brokerage contract, the obligations of HCP and those of its customers as well as the processing of the order/contract agreed between the customer and HCP.
2. Registration
2.1 OWNERs can basically register any type of vehicle including planes and boats for filming, photo shoots and commercial events at HCP.
2.2 When registering, the OWNER provides HCP with all necessary vehicle related data (manufacturer, model, year of construction, equipment, etc.), information on the suitability of the vehicle (condition, usability, roadworthiness, etc.) and his personal contact details.
2.3 Registration of the vehicle with HCP can be revoked at any time by sending a short message via email.
2.4 By registering, the OWNER commissions HCP to promote its vehicle in the online pool of HCP for potential placements in filming, photo shoots and commercial events.
2.5 HCP endeavors to make the vehicles (advertisements) attractive for PRODUCTION through an insightful description and objective illustration. However, HCP cannot guarantee any successful placement.
2.6 OWNER will receive a confirmation of receipt of his registration by email to the email address provided when registering. (If OWNER does not receive any feedback within 48h it is advised to reach out to HCP again by email or phone.)
2.7 OWNER undertakes to report the “loss“ of the advertised vehicle (through sales, theft, damage, etc.) or changes in essential properties of the vehicle (paint job etc.). The latter should be done by sending an adjusted profile and new photos by email.
3. Acceptance
3.1 The submitted registration (application) is checked by HCP and edited if necessary.
3.2 OWNER submits an online form or email with photos of the specific vehicle (at least 4 views: front, side, rear, interior).
3.3 OWNER releases HCP from third-party claims on the photos submitted. HCP has the rights to all photos taken by HCP itself.
3.4 The submitted photos are reviewed by HCP and edited if necessary (e.g. to suit the general appearance of the platform or to blur number plates).
3.5 HCP reserves the right to refuse the registration/application if the vehicle does not suit HCP’s business model.
3.6 When the vehicle suits HCP’s business model and data is complete HCP will activate the advertisement.
3.7 In both cases – acceptance or refusal – OWNER will be informed by email. In case of acceptance OWNER will receive a direct link to his advertisement.
4. Rental price
4.1 After successful registration HCP will get in touch with OWNER to determine a base price. HCP will make a proposal based on its experience and the value of the specific vehicle.
4.2 The base price provides the basis for billing against the contractual partners. HCP pays OWNER the base price minus 10% agency fee (plus statutory VAT) – unless otherwise agreed. For PRODUCTION the daily rent is the base price plus 20% agency fee (plus statutory VAT) – unless otherwise agreed.
4.3 HCP recommends setting a base price that offers good prospects for bookings while at the same time offering attractive remuneration.
5. Search & Request
5.1 PRODUCTION or their representatives can search comfortably, free of charge and without restrictions on the platform. Search results can be adjusted and refined by entering keywords and/or selecting predefined search criteria.
5.2 Vehicle(s) of interest can be added to a wish list.
5.3 PRODUCTION submits the wish list and provides information on the type of production, the desired rental period and the purpose of the vehicle(s).
6. Placement
6.1 OWNER places an order by registering at HCP.
6.2 The request by PRODUCTION will be assessed by HCP.
6.3 HCP then inquires about the availability of the vehicle from the OWNER. OWNER either guarantees availability or refuses the request. If the vehicle is available, a base price per day for the vehicle for the duration of the assignment as well as the desired payment term and method is determined.
6.4 Based on the information from above HCP compiles an offer for PRODUCTION including extra services (if applicable). The offer will be submitted by email.
6.5 If PRODUCTION accepts the offer, it must confirm the order according to HCP’s general terms and conditions.
6.6 With the placing of an order, HCP becomes the authorized representative for PRODUCTION until the order is fulfilled or its revocation.
6.7 The vehicles are only made available to PRODUCTION if a prop insurance is given. By confirming the order, PRODUCTION expressly guarantees the existence of a prop insurance for the ordered vehicle(s) during the shoot or during the agreed stay at the location(s). A copy of the props insurance policy must be provided from PRODUCTION to HCP on demand.
6.8 OWNER receives from HCP specific information about the place and time of use as well as a promise about the insurance of the vehicle(s) at the location.
6.9 OWNER undertakes to hand over the vehicle in all-clean condition inside and outside – unless otherwise agreed.
6.10 OWNER, their representative and/or HCP undertakes to appear at the agreed place at the agreed time. As far as agreed, the vehicle must be roadworthy and prepared for the agreed purpose.
6.11 Information about brokered services of third-party providers is based exclusively on their information to HCP. Hence they do not represent any assurance of HCP to its customers.
6.12 HCP provides its services exclusively on the basis of these general terms and conditions. The latest version of these terms and conditions are available online at the platform at any time. By making any booking PRODUCTION accepts these terms and condition. Different general terms and conditions of PRODUCTION or OWNER do not apply, even if HCP does not expressly contradict them.
7. Cancellation
7.1 Cancellation of bookings can be made up to 24 hours before the planned takeover of the vehicle(s) without stating reasons by PRODUCTION (ordinary cancellation).
7.2 The cancellation becomes effective upon receipt during HCP business hours, everyday from 9:00 a.m. to 7:00 p.m.
7.3 The cancellation can be notified by phone or email.
7.4 In the event of an orderly cancellation by PRODUCTION, HCP charges 30% of the agreed vehicle rental per rental day (plus legally applicable VAT) as well as a lump sum for the preparation of the vehicle in the amount of 25% of the agreed daily rent per vehicle (plus statutory VAT). HCP pays this flat fee to the OWNER upon receipt and after deduction of commission. In case the booking involved extra services that had to be executed more than 24 hours before the takeover (e.g. extensive car detailing, pick up from distant locations, etc.) these services will be charged fully to PRODUCTION.
7.5 In the event of an extraordinary cancellation of the booking by PRODUCTION less than 24 hours before the planned takeover of the vehicle(s), HCP charges 70% of the agreed vehicle rental per rental day (plus statutory VAT) as well as a lump sum for the preparation of the vehicle 25% of the agreed daily rent per vehicle (plus statutory VAT). HCP pays this flat fee to the OWNER upon receipt and after deduction of commission. In case the booking involved extra services that had to be executed more than 24 hours before the takeover (e.g. extensive car detailing, pick up from distant locations, etc.) these services will be charged fully to PRODUCTION.
7.6 Unforeseen changes in the shooting date on the part of PRODUCTION are permitted and do not count as a cancellation. However, availability has to be checked with and confirmed by OWNER again.
7.7 Cancellations on the behalf of OWNER remain without consequences if made at least 10 days before the confirmed booking date.
7.8 Cancellations on the behalf of OWNER less than 10 days before the confirmed booking date will be charged with 2 times the value of the contract value. An exception exists if OWNER can prove exceptional circumstances (illness, death, damage, loss or theft of the vehicle, …).
7.9 A no-show on the confirmed booking date on the behalf of OWNER without prior notice will be charged with 5 times the value of the contract value and a ban from the HCP platform. An exception exists if OWNER can prove exceptional circumstances (illness, death, damage, loss or theft of the vehicle, …).
8. Transportation
8.1 OWNER or HCP ensures that the vehicle is transported to the place of use.
8.2 If necessary, HCP arranges the transport and insurance during transport of the vehicle(s) by external service providers.
9. Liability
9.1 HCP must exercise the care of a prudent businessman when carrying out the agency contract.
9.2 The liability of HCP for damage to the customer, for whatever legal reason, is limited to the value of the service provided, insofar as the damage suffered from HCP or a legal representative or vicarious agent is neither intentional nor caused through gross negligence and is not based on a breach of essential contractual obligations by HCP who is a legal representative or vicarious agent. Damage from injury to life, limb or health of the customer is excluded from the above limitation of liability; HCP is liable for this damage in accordance with the statutory provisions.
9.3 The liability of HCP is also limited to the compensation for the typically occurring damage.
9.4 Without prejudice to any liability of HCP according to the previous two paragraphs, HCP is not liable as an agent for the proper execution of the service itself. The respective contractual partners (OWNER and PRODUCTION) are solely responsible for the fulfillment of the brokered service. In particular, HCP assumes no liability for damage to the vehicle(s) at the location or during transfer to the other locations.
9.5 HCP assumes no liability for delivery delays due to breakdowns, technical defects, failure of a subcontractor or acts of God. In particular, this also applies to late orders and for traffic-related delays.
10. Usage
10.1 The vehicles are allowed to be used according to purpose as stated in the request only!
10.2 The vehicle is generally insured at the location by a props insurance. All instructions and claims regarding vehicle handling are to be directed to PRODUCTION.
10.3 HCP is expressly released from liability claims resulting from improper or negligent handling of the vehicle(s) at the location or during transfer to other locations.
10.4 When registering the vehicle(s) with HCP the OWNER determines whether, how and by whom the vehicle can be moved or driven on the set.
11. Payment
11.1 PRODUCTION must transfer the agreed amount of the vehicle rental to HCP in advance, at the latest 2 days before receiving the brokered vehicles – unless otherwise agreed prior to the booking.
11.2 After the vehicle has been used, OWNER as private individuals (not entitled to deduct pre-tax) or their authorized representatives from HCP receive the rental price minus agency commission (plus statutory VAT) by transfer to a previously specified bank account – unless otherwise agreed prior to the booking.
11.3 In case OWNER is entitled to deduct pre-tax, the gross rental price is paid based on provided invoice.
12. Commission
12.1 HCP is mainly financed by a commission accruing through successful bookings besides additional income through potential extra services as shown on the platform.
12.2 A successful booking exists as soon as PRODUCTION and OWNER agree on the essential content of the rental and both can rely on the conclusion of the contract.
12.3 HCP’s standard provision is 10% of the base rental price (plus statutory VAT) through OWNER and 20% of the base rental price (plus statutory VAT) through PRODUCTION.
13. Prohibition on the transfer of data
13.1 HCP undertakes to treat all data received confidentially, in particular to observe the applicable data protection regulations.
13.2 OWNER authorizes HCP to use provided photos of the vehicle(s) for presentation purposes. OWNER assures that the photos and their use do not violate any copyrights or other rights of third parties (a relevant check is the responsibility of OWNER). This releases HCP in full from any claims by third parties against HCP.
14. Data protection
14,1 OWNER is hereby instructed that his data is stored, processed and forwarded (name, email, phone number) to PRODUCTION in connection with the brokerage of vehicles.
14.2 OWNER is advised that, when data is being transmitted via the internet, it cannot be completely ruled out for all participants that unauthorized individuals can gain access to the transmitted data during the transmission process.
15. Final clauses
15.1 Any other agreements or side agreements to this contract have not been made.
15.2 Changes, additions and additional provisions to this contract must be made in writing. A change to this written form or a waiver of this in turn requires the written form.
15.3 The ineffectiveness of one or more provisions does not affect the effectiveness of the remaining provisions of these general terms and conditions.
15.4 The place of jurisdiction and place of performance is Lisbon.