Legal warning
LEGAL NOTICE AND ONLINE BOOKING TERMS AND CONDITIONS
1. WEBSITE OWNERSHIP AND IDENTIFICATION OF THE OPERATING ENTITIES
This website is jointly operated and managed by the following legal entities, which are responsible for operating the Sicily by Car brand throughout the Iberian Peninsula:
Entity Responsible in Portugal
Company Name: SBCP – Sicily by Car Portugal, Lda
Tax Identification Number (NIF/NIPC): 518051889
Registered Office: Avenida da Liberdade, No. 262, Ground Floor Left, 1250-049 Lisbon, Portugal
Share Capital: €1,000,000.00
Email: dpo@sbciberia.com
Telephone: +351 210 944 974
Entity Responsible in Spain
Company Name: SICILY BY CAR SPAIN, S.L.
Spanish Tax Identification Number (CIF): B55475982
Registered Office: Provença, 290, Principal 1, 08008 Barcelona, Spain
Email: dpo@sbciberia.com
Telephone: +34 971 667 442
2. SEPARATE INVOICING AND CONTRACTUAL LIABILITY
The entity responsible for entering into the rental agreement, providing the rental service and issuing the corresponding invoice shall be determined exclusively by the country in which the vehicle is physically collected. The applicable tax legislation and VAT regime of that country shall apply accordingly.
Bookings with Vehicle Collection in Portugal
Where a customer makes a booking for the collection of a vehicle at a rental location situated in Portugal, the rental agreement shall be entered into exclusively with SBCP – Sicily by Car Portugal, Lda.
All payments shall be processed, invoiced and taxed in accordance with Portuguese law and the VAT rate applicable in Portugal.
Bookings with Vehicle Collection in Spain
Where a customer makes a booking for the collection of a vehicle at a rental location situated in Spain, the rental agreement shall be entered into exclusively with SICILY BY CAR SPAIN, S.L.
All payments shall be processed, invoiced and taxed in accordance with Spanish law and the applicable VAT or IGIC (Canary Islands General Indirect Tax), where relevant.
Legal Independence of the Entities
The Customer acknowledges and agrees that, although both entities operate through a common technological platform and form part of the same Portuguese-Italian corporate group, they are separate and independent legal entities operating within their respective jurisdictions.
Accordingly, any matter relating to invoicing, commercial claims, refund requests or disputes arising from a specific rental agreement shall be addressed exclusively to the contracting entity responsible for the country in which the vehicle was collected.
3. AUTOMATED BOOKING PROCESS AND ACCEPTANCE OF THE TERMS AND CONDITIONS
Automated Booking System
The online booking system operates automatically and in real time.
Upon completion of the booking process and successful payment validation, the selected vehicle category is immediately allocated and reserved within the Company's central fleet management system (ERP), thereby recording the booking in the Company's information systems.
Manifest System Errors
The operating entities reserve the right to cancel any booking and provide a full refund where such booking has resulted from:
manifest system or technical errors;
failures affecting the pricing management systems;
anomalies within the pricing database (including, without limitation, fares displayed as €0.00 or prices that are clearly and materially inconsistent with normal market rates);
cyberattacks or any other technological event affecting the integrity, availability or proper functioning of the online booking platform.
In such circumstances, the cancellation of the booking shall not entitle the Customer to any compensation, damages or additional indemnity of any kind.
Mandatory Acceptance of the Rental Terms and Conditions
Completion of any online booking is conditional upon the Customer's express, informed and unequivocal acceptance of the General Rental Terms and Conditions (GRTC) applicable to the country where the vehicle will be collected.
Such acceptance shall be provided by selecting the mandatory confirmation checkbox before submitting the booking and completing the payment process.
By completing the booking, the Customer confirms that they have read, understood and accepted the applicable General Rental Terms and Conditions in their entirety, which shall form an integral part of the rental agreement executed between the parties and shall be legally binding.
4. LANGUAGE PRECEDENCE
(Language Prevalence / Prevalenza Linguistica / Prévalence Linguistique / Sprachprävalenz / Prevalencia Lingüística)
This Legal Notice and the Online Booking Terms and Conditions are available in six languages: Portuguese, Spanish, English, Italian, French and German.
All translations are provided in good faith for the convenience of international customers.
However, in the event of any discrepancy, omission, ambiguity, inconsistency or conflict of interpretation between any translated version and the original Portuguese or Spanish versions, the original language versions shall prevail as follows:
For all bookings where the vehicle is collected in Portugal, the Portuguese version shall be the sole legally valid and binding version.
For all bookings where the vehicle is collected in Spain, the Spanish version shall be the sole legally valid and binding version.
5. COMPLAINTS AND DISPUTE RESOLUTION
In accordance with the applicable consumer protection legislation, Customers may use the following complaint handling and alternative dispute resolution mechanisms.
Services Provided in Portugal
Customers may submit complaints through the official Electronic Complaints Book (Livro de Reclamações Eletrónico), available at:
https://www.livroreclamacoes.pt
In the event of a consumer dispute, Customers may also refer the matter to:
CASA – Centro de Arbitragem do Setor Automóvel
Services Provided in Spain
Customers may submit complaints through the official Consumer Complaint Forms (Hojas de Reclamaciones), available in either electronic or paper format, in accordance with the legislation of the relevant Autonomous Community.
Online Dispute Resolution (European Union)
For disputes arising from online contracts, Customers may also make use of the European Union's Online Dispute Resolution (ODR) platform, made available by the European Commission, accessible through the official European Union portal.
FINAL PROVISIONS
The use of this website and the completion of any online booking imply the Customer's full acceptance of this Legal Notice and the Online Booking Terms and Conditions, without prejudice to any mandatory rights granted under the applicable consumer protection legislation.
Should any provision of this Legal Notice or of the Online Booking Terms and Conditions be held to be invalid, unlawful or unenforceable by a competent court or authority, such provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
These Terms and Conditions shall be interpreted in accordance with the laws applicable to the contracting entity responsible for the rental agreement, as determined by the country in which the vehicle is collected.
Nothing contained in this Legal Notice shall affect or restrict any statutory rights granted to consumers under the mandatory provisions of the applicable national or European legislation.