BROKER CONTRACT GENERAL TERMS AND CONDITIONS VALID FROM 02.12.2016 BEERIDES BROKER CONTRACT GENERAL TERMS AND CONDITIONS 1.
The present general terms and conditions (hereinafter referred to as “GTC”) set out the detailed terms and conditions of the Broker contract entered into by and between BeeRides Gépjármű-kölcsönző Korlátolt Felelősségű Társaság (registered address: 8000 Székesfehérvár, Király sor 30.; company register number: 07-09-026926, tax number: 25105418-2-07; hereinafter referred to as “Broker”) and persons who wish to use the Broker’s services related to vehicle rental (hereinafter referred to as “Renter”), which refers to and includes the present general terms and conditions (hereinafter referred to as “Broker Contract”).
The Broker and the Renter shall conclude the Broker Contract on the baisis of 45/2014 (II.26.) Government Decree on detailed rules for contracts between consumers and businesses with special regard to the rules concerning concluding agreements between distant parties
The Renter wants to conclude a rental contract (the “Rental Contract”) with a client of the Broker who wants to rent out his vehicle (the “Owner”) and entered into an assignment contract with the Broker (the “Assignment Contract”) to that effect.
The Rental Contract is made by and between the Owner and the Renter. Nevertheless, the Owner authorized the Broker, by concluding the Broker Contract, to conclude the Rental Contract in the name, on behalf of and for the Owner, as well as to exercise the rights and fulfil the obligations of the Owner arising from the Rental Contract, including, but not limited to the delivery of the vehicle to the Renter, the taking back of the vehicle from the Renter, the cleaning and washing of the vehicle, arranging the claim adjustment procedure in the case of any damage, full representation vis-à-vis the insurance companies affected in the damage, enforcing claims against the Renter and the acceptance of the rent due to the Owner under the Rental Contract.
Name, registered and postal addresses, telephone number and email address of the Broker: BeeRides Gépjármű-kölcsönző Korlátolt Felelősségű Társaság (registered address: 8000 Székesfehérvár, Király sor 30.; company register number: 07-09-026926, tax-number: 25105418-2-07); Telephone: +36 30 889 44 55 Email: [email protected]
The prevailing GTC in force is available under [URL]
SUBJECT OF THE CONTRACT
Subject of the contract: the services rendered by the Broker according to the present GTC.
Pursuant to the Broker Contract, the Broker is engaged in brokering activity in order to find the appropriate vehicle for which it concludes the Rental Contract in the name of the Owner from the vehicles available to it for rental in its site at 2220 Vecsés, Lőrinci út 55. (hereinafter referred to as “Site”).
BROKER CONTRACT GENERAL TERMS AND CONDITIONS VALID FROM 02.12.2016 2.3
The Broker provides a child seat, mobile Internet and portable navigation device to the Renter at his request for the duration of the rent. The Parties agree on the fees for these services during the contracting procedure regarding the Broker Contract. The Renter shall make sure that the child seat is properly fitted before use. The Broker does not accept responsibility for any damage resulting from the incorrect fitting or use of the child seat.
The Renter is required to make sure to pay any motorway tolls and other road tolls necessary unless the Renter assigns the Broker to arrange this at the cost of the Renter.
The Renter is obliged to return the vehicle in similar condition in terms of cleanness to the one at taking-over of the vehicle. Should the Renter fail to comply with this provision the Broker is entitled to the fee as stipulated in point 3.
The Broker makes out a CASCO insurance for the vehicle. By concluding the Broker Contract, the Renter declares that he has familiarized with the CASCO Insurance Contract, including the annexes thereto, and has acknowledged and accepted to be bound by them. The amount of the own risk according to the CASCO Insurance Contract is 50,000 HUF or 100,000 HUF or 200,000 HUF. The amount of the own risk is defined by the Renter and the Broker in the Broker Contract.
The Rental Contract for the given vehicle terminates if the vehicle breaks down making its use impossible or becomes unserviceable for any other reason. At the request of the Renter, the Broker will arrange a new Rental Contract for another vehicle based on the Assignment Contract.
Subject to the prior agreement between the Broker and the Renter during the contracting procedure regarding the Broker Contract the Broker provides for transporting the Renter from the airport to the Site, respectively, from the Site to the airport. In transporting the Renter from the Site to the airport, the Broker assumes no liability for that the Renter catches his/her flight. It is the responsibility of the Renter to return the vehicle on the Site in due time so that he can arrive at the airport at the time prescribed by the airline prior to departure and catch the flight.
The Broker provides additional services to the Renter related to the rental of the vehicle, including the following:
the Broker arranges the delivery of the vehicle to the Renter and the take-back thereof from upon the expiry of the rent; the Broker accepts the rent payable to the Owner and the usage fee from the Renter; it provides towing (roadside assistance) services; it provides other services set out in these general terms and conditions or the Broker Contract.
The Renter can use the roadside assistance service only if able to pay the invoice about the service issued by the truck service to the Broker (not exceeding 600 EUR) on the site either in cash or by credit card. Otherwise, the Renter is not entitled to use the roadside assistance service. The Broker refunds to the Renter the amount of the invoice paid by the Renter.
BROKER CONTRACT GENERAL TERMS AND CONDITIONS VALID FROM 02.12.2016 2.10 If this agreement between the Renter and the Broker qualifies as a consumer contract, with using the above services according to the present GTC the Renter explicitly acknowledges and accepts that a) the Broker has started to provide the services with the explicit and prior consent of the Renter; b) the Renter loses its termination right after the provisioning of all the services according to the present GTC; c) the Broker is not obliged to hand over the present contract to the Renter neither in a printed form nor on electronic data carrier. 3. 3.1
BROKER’S FEE, OTHER FEES AND CHARGES The Renter shall pay the following fees to the Broker:
Broker’s fee, which is defined in the document titled Broker’s fee and rent in Annex 1 attached to the present general terms and conditions; if the Renter, the recipient or the secondary driver has not yet turned 21 or does not have a driver licence for at at least 2 years, the Renter shall pay a surcharge of 10 EUR a day to the Broker; refuelling fee, if the Renter does not return the vehicle with the same amount of fuel as when he received it. Its amount is EUR 15 plus EUR 16+VAT for each 1/8 tank. Should the Renter give back the vehicle with less then 1/8 amount of fuel at the end of the rental period compared to the amount of fuel at take-over of the vehicle at the starting of the rent, the Broker is entitled to charge the minimum refuelling fee for 1/8 tank of fuel; a cleaning fee of 10 EUR + VAT shall be paid should the Renter fail to return the vehicle in similar condition in terms of cleanness to the one at taking-over of the vehicle; a cleaning fee of 35 EUR + VAT shall be paid if cleaning of the vehicle’s upholstery or inside cleaning in excess of the normal cleaning becomes necessary as a result of use by the Renter; an administrative fee of 10 EUR + VAT if the Renter receives a payment notice or other document including any payment obligation for the non-payment of any parking fee or for any other reason and the Renter fails to settle the same during the rental or does not send the photo thereof to the [email protected]
e-mail address during the term of the Rental; a fee of 70 EUR + VAT, if the Renter causes any injury or damage to the vehicle, due to which the assistance service has to be used (e.g., filling other than the correct fuel, locking all keys in the vehicle); a fee of 300 EUR + VAT if the Renter or its passenger is smoking in the vehicle. The Parties agree on the fees for any other services in the Broker Contract.
The Renter may cancel or modify the rental free of charge at least 72 hours before the start time of the rental. In case of cancellation within 72 hours before the start time of the rental, the Renter shall pay the Broker an amount corresponding to one day’s rent and Broker's fee. If, in the case of modification within 72 hours before the start time of the rental, the rent and/or Broker's fee of the vehicle requested based on the modification is higher than those of the originally requested vehicle, the Renter shall pay the difference. If however, the rent and/or Broker's fee of the vehicle requested based on the modification is lower than those of the originally requested vehicle, the fee already paid will not be refunded to the Renter.
BROKER CONTRACT GENERAL TERMS AND CONDITIONS VALID FROM 02.12.2016 3.3
If the Renter does not cancel the rental, but does not take the vehicle over on the start date of the rental, either, the Renter shall pay the Broker an amount corresponding to one day’s rent and Broker's fee.
The Broker's fee and the rent is determined by the day in such a way that one day of rental corresponds to 24 hours. In case of late return of the vehicle exceeding one hour the Renter shall pay the rent for one more day.
If the Renter fails to return the vehicle within 24 hours of the expiry of the rental period, he must pay a fee corresponding to the double of the rent and the Broker's fee, for each commenced 24 hours, for the period from the 25th hour of the expiry of the rental period to the time of actual return. The Renter shall in addition pay all damage and cost of the Owner and the Broker arising from the late return of the vehicle. In addition, the Renter shall be liable to the Owner for any damage occurring after the expiry of the rental period.
The Renter shall pay the rent and the usage fee under the Rental Contract to the Broker as well. The Broker shall be obliged to account for the rent and the usage fee to the Owner.
PAYMENT AND FINANCIAL CONDITIONS
Upon the conclusion of the Broker Contract, the Renter shall pay the Broker a deposit of the amount defined in the Broker Contract. The Renter shall pay the deposit with a bank or credit card. The amount of the deposit will be blocked on the Renter’s bank account in favour of the Broker and be also considered as the delivery of the given amount to the Broker. The deposit is created over the sum blocked in favour of the Broker as the beneficiary of the deposit in order to secure all the Renter’s obligations to the Broker (including current, future, and conditional obligations), including all the claims arising based on the Broker Contract including these GTC.
The Broker is entitled to pay on behalf of the Renter any liability (including but not limited to the insurance deductible, any fines/penalties occurring during the rental period of the car by the Renter) of the Renter to the Owner based on the Rental Contract. In this case, the Renter shall promptly and fully pay the Broker the amount so paid. The deposit will secure such reimbursement claim of the Broker and the Broker shall satisfy its claim(s) against the Renter arising from the same directly from the deposit.
In the event that the Broker Contract is not performed at all or as intended, or in the case set out in clause 4.2 above, the Broker may directly satisfy its claim, including any interest, directly from the amount of the deposit. If the relationship between the Broker and the Renter continues after such satisfaction, the Renter shall arrange the availability of the original amount on the bank or credit card of the Renter within 24 hours of the Broker’s notice.
If the Broker Contract terminates or latest when the Renter and the Broker settled accounts in full (including but not limited to any insurance deductible or fines/penalties), The Broker will arrange to release the blocking of the amount of the deposit not later than 7 days following the returning of the car by the Renter to the Broker. The Renter acknowledges that the Broker does not pay any interest when the deposit is refunded.
The Renter shall pay the Broker's fee, other fees and charges expected to be paid under the Broker Contract, as well as the rent payable under the Rental Contract simultaneously with the conclusion of the Broker Contract. The Broker confirms receipt of this amount by signing the 4
BROKER CONTRACT GENERAL TERMS AND CONDITIONS VALID FROM 02.12.2016 Broker Contract. The Broker will issue and the Renter shall pay the invoice on the final amount of the fees due to the Broker at the expiry of the rent. 4.6
In case of late payment, the Renter shall pay a default interest at the rate corresponding to the double of the prime rate of the national bank.
In case the Renter fails to fulfil or delays in fulfilling his payment obligation, any attorney fee or cost of litigation or collection incurred will be borne by the Renter.
LIMITATION OF LIABILITY
Insofar as nothing to the contrary is stipulated in the following clauses, claims by the Renter due to the breach of an obligation under the contractual relationship are hereby excluded.
The foregoing limitations of liability shall not apply insofar as the Broker is liable under mandatory law, for example (1) due to loss of life, personal injury or damage to health which are attributable to a negligent or intentional breach of obligation by the Broker or one of the Broker’s legal representatives or by one of the Broker’s vicarious agents, (2) insofar as the cause of damage or harm is attributable to intentional behaviour or gross negligence by the Broker or one of the Broker’s legal representatives or by one of the Broker’s vicarious agents, (3) the Broker negligently breaches a fundamental contractual obligation whose performance is what makes the due performance of the contract possible at all and on whose compliance the contract partner may usually rely (cardinal obligation).
Insofar as the Broker negligently breaches a cardinal obligation, the Broker’s compensation obligation shall be limited to the contract-typical, foreseeable damage and loss, insofar as there has been no intentional or grossly negligent behaviour or the Broker is not liable due to loss of life, personal injury or damage to health.
DATA PROTECTION By concluding the Broker Contract, the Renter consents, on the basis of paragraph a) of Section 5(1) of the Info Act, to the Broker processing his personal data included in the Broker Contract in accordance with the legal regulations during the following the term of the Broker Contract, observing the principle of purpose limitation and other data protection principles, as long as any claim it may bring against the Renter under the Broker Contract or any claim he Owner may bring against the Renter under the Rental Contract expires. The purpose of data processing is to exercise the rights and fulfil the obligations of the Broker arising from the Assignment Contract and those of the Owner under the Rental Contract, to inform the Owner about the use of the moor vehicle, to fulfil the statutory obligations and settle any disputes with the Renter or the Owner. In addition to the Broker, the data of the Renter can by accessed by those employees of the Broker, acting as the data processor, who need to use them and only to the extent necessary to discharge their obligation to carry out data controlling operations. The data controller stores the Renter’s data securely in a way and on equipment protected against access by unauthorized persons. The Renter may exercise his rights as the data subject at any time (e.g., request information of the data processed about him, request rectification of the data, or request the erasure or blocking of his data with the exception of data processing required by the law, etc.) by a letter sent to the Broker’s registered address or by e-mail to the [email protected]
e-mail address. In case of any complaint regarding data processing, the Renter is requested to contact the Broker first at any 5
BROKER CONTRACT GENERAL TERMS AND CONDITIONS VALID FROM 02.12.2016 of the above contacts. In case of a violation of his rights, the Renter may turn to the court or, in order to initiate an administrative procedure, the National Office of the Data Protection and Freedom of Information (contacts: www.naih.hu; 1125 Budapest, Szilágyi Erzsébet fasor 22/C.; 36 1 391-1400; [email protected]
). In case of initiating court proceedings relating to data protection, the Renter may also decide to initiate the lawsuit before the court competent for his residence or place of stay. 6.2
By concluding the Broker Contract, the Renter consents to the Broker disclosing his personal data to the acting authorities in petty offence, administrative and criminal proceedings and similar cases involving the vehicle. The Renter also consents to the Broker disclosing his personal data to entities entitled to enforce and collect tolls, parking and other similar fees, as well as other eligible third parties. The Broker may be entitled to transmit the Renter’s data to third parties with reference to its legitimate economic interest, of which it shall inform the Renter in all cases.
By concluding the Broker Contract, the Renter acknowledges that the Broker installed a telematics device in the vehicle rented by the Renter under the Rental Contract that, if activated, will automatically collect certain general non-personal data created during the use of the vehicle, which cannot be linked to the person driving the vehicle. The system collects or can collect the following data: physical location and speed of the motor vehicle, data on realtime, vehicle chassis number, odometer status, evaluation of the driver support system (percentage), the percentage of running in engine brake and idle modes, percentage of noload run, percentage of speed ranges, number of hard braking, calculated fuel consumption, calculated CO2 emission, and other data concerning the running and operation of the motor vehicle (e.g., oil pressure, speed, error messages, compressor operation time, data relating to the use of motor vehicles in the form of a “driver safety report”, etc.). The Broker and the Owner will use the data only for the purposes of quality assurance, controlling the use of the vehicle and informing the Owner thereof, investigation and settlement of disputes involving the Renter and claims brought by the Owner, servicing, maintenance and repairing the defects of the vehicle, processing matters and supplying information related to the insurances covering the vehicle, as well as developing the Broker’s own services and products and the preparation of statistics. The Broker may transmit the data solely for the above purposes to the Owner and the insurance companies making insurances for the vehicle. The legal basis of the data processing is the Broker’s legitimate economic interest. In other respects, the provisions in clause 5.1 duly apply o data processing.
The place of performance of the Broker Contract is the Broker's Site.
The parties stipulate the exclusive competence and jurisdiction of the District Court of Tatabánya for any dispute arising from the contract. If the Renter is considered a consumer residing in a Member State of the EU, Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters may need to be applied.
Matters not regulated in these GTC and in the general terms and conditions of the Broker Contract are governed by the provisions of Hungarian law, excluding the conflict of laws provisions thereof.
BROKER CONTRACT GENERAL TERMS AND CONDITIONS VALID FROM 02.12.2016 7.4
The present GTC enters into force on 02.12.2016 and is effective until withdrawn. The Broker publishes the amendments of the GTC on its official web site.
Should a provision of the present GTC be or become invalid or unenforceable or not contain a necessary provision, the validity of the other provisions shall not be affected thereby. The invalid or unenforceable provisions are to be replaced by a legally-valid and enforceable provision or the lacuna are to be filled with a legally-valid provision which corresponds as much as possible to the parties’ intentions or what the parties’ intentions would have been in light of the aim and purpose of the present GTC had the parties realized the existence of the lacuna, respectively.
BROKER CONTRACT GENERAL TERMS AND CONDITIONS VALID FROM 02.12.2016 ANNEXES:
1. Annex 1 – Broker’s fee and rents The total fee set out in the Broker Contract includes the rent and the Broker's fee (the “Total Fee”). In case the number of kilometres run by the Renter exceeds the product of 150 km and the number of rental days the Renter is required to pay the extra fee agreed in the Broker Contract (”Extra Kilometre Fee”) in addition to the Total Fee for each kilometre exceeding the product of 150 km and the number of days rented. The Total Fee and the Extra Kilometre Fee paid by the Renter is divided upon the expiry of the rental when the invoice on the Broker's fee is issued as follows. The Total Fee and the Extra Kilometre Fee paid by the Renter is divided as follows: 1. The amount of the Broker's fee is 500 HUF + VAT for each rental day commenced. 2. The amount of the rent is determined in the general terms and conditions to the Assignment Contract between the Broker and the Owner. 3. The amount remaining from the Total Fee and the Extra Kilometre Fee after the deduction of the rent under clause 2 and the Broker's fee under clause 1 increases the Broker's fee.