BEERIDES RENTAL CONTRACT GENERAL TERMS AND CONDITIONS

RENTAL CONTRACT GENERAL TERMS AND CONDITIONS VALID FROM 02.12.2016 BEERIDES RENTAL CONTRACT GENERAL TERMS AND CONDITIONS 1. INTRODUCTION 1.1 The pr...
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RENTAL CONTRACT GENERAL TERMS AND CONDITIONS VALID FROM 02.12.2016 BEERIDES RENTAL CONTRACT GENERAL TERMS AND CONDITIONS 1.

INTRODUCTION

1.1

The present general terms and conditions(hereinafter referred to as “GTC”) set out the detailed terms and conditions of the rental contract (hereinafter referred to as “Rental Contract”) entered into by and between the person who wants to rent out his vehicle (hereinafter referred to as “Owner”) and entered into an assignment contract (hereinafter referred to as “Assignment Contract”) with 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, the “Broker”) and the person who wants to use the Broker’s services related to vehicle rental (hereinafter referred to as “Renter”) who has entered into a broker contract with the Broker (hereinafter referred to as “Broker Contract”), which refers to and includes the present general terms and conditions.

1.2

The Broker, the Owner and the Renter shall conclude the Assignment Contract, the Broker Contract and the Rental 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.

1.3

The Rental Contract is made by and between the Owner and the Renter. Nevertheless, the Owner authorized the Broker, by concluding the Assignment 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.

1.4

The Renter understands and expressly accepts that the Broker has full and unlimited right to exercise the rights and fulfil the obligations of the Owner arising from the Rental Contract.

1.5

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 [https://beerides.com/en/rental/terms]

2.

VEHICLE

2.1

The Owner is the owner or operator of the vehicle entered into the registration certificate, or a person authorized by the owner or the operator for using the renting the vehicle. 1

RENTAL CONTRACT GENERAL TERMS AND CONDITIONS VALID FROM 02.12.2016

2.2

The Owner represents and warrants that he is the actual owner of the vehicle or the beneficiary of the operation right or he is authorized to use and rent out the vehicle according to clause 2.1, further, that no third party has any right over the vehicle that restricts, prevents or precludes the Owner’s right of use or renting out with respect to the vehicle. The Owner shall pay all damage of the Renter and indemnify and keep the Renter harmless from and accept direct responsibility for any claim arising from or in relation to any breach of the warranty set out in this clause.

2.3

The Owner hereby warrants that s/he complies with all applicable laws and other regulations with regard to the registration of the vehicle and its use and maintenance. The Owner delivers the vehicle in proper technical and aesthetic condition and the tank full up to at least 1/8 in the Broker’s site at 2220 Vecsés, Lőrinci út 55. (hereinafter referred to as “Site”).

2.4

2.5

The condition of the vehicle upon receipt, including any damage, cosmetic defects (scratches, paint defects, dents, etc.) that can be identified on the vehicle by external visual inspection, is verified by a photo or, if appropriate, drawing documentation drawn up by the Broker. This visual inspection may also take place in the absence of the Renter. However, in no case shall the Broker be obliged to carry out an external visual inspection. A corresponding liability for the Broker is hereby excluded. For the sake of clarity, any liability on the part of the Broker with regard to the roadworthiness and safety of the vehicle, is hereby excluded as well. This is hereby acknowledged by the Owner and the Broker.

2.6

If this agreement between the Renter, the Owner and the Broker qualifies as a consumer contract, with using the above services according to the present GTC the Renter and the Owner explicitly acknowledge and accept that a) the Broker has started to provide the services with the explicit and prior consent of the Renter and the Owner; b) the Renter and the OWner loose 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 and the Owner neither in a printed form nor on electronic data carrier.

3.

REQUIREMENTS FOR THE USE OF THE VEHICLE

3.1.

The Renter shall use the vehicle as intended and protect its condition. The Renter is required to protect the vehicle with all available means from theft, so he must lock it in any case when not in use and operate all available security equipment. It is forbidden to leave the starter card or key, the registration certificate, the Rental Contract or any value in the vehicle! The Renter shall be liable for any damage arising from his failure to observe these rules.

3.2

The vehicle may only be driven by a Renter who has a valid driver licence, has already turned 21 years of age and has a driver licence for more than 1 year, and persons named in the Rental Contract with the same features (recipient or secondary driver). A person who does not have a valid licence for at least 1 year may not become the Renter or driver or secondary driver of the vehicle. In all cases, the Renter is liable vis-à-vis the owner for the vehicle, any damage occurring in the vehicle and any damage arising from the rental. The Renter is responsible for the conduct of the person driving the vehicle, the person named in the Rental Contract and 2

RENTAL CONTRACT GENERAL TERMS AND CONDITIONS VALID FROM 02.12.2016 any other person who is driving the vehicle, as well as the passenger(s) of the vehicle as for his own conduct. 3.3

The Renter and any other person driving the vehicle must drive the vehicle observing the traffic rules and all other applicable regulations and use the vehicle accordingly. The Renter shall pay the Owner all the damage and costs incurred due to the violation of the traffic or parking regulations according to clause 4.4, including, in particular, the parking surcharges and administrative fines.

3.4

If, during the rental period, any parking company, authority or other entity or body places any payment notice or other payment obligation on the vehicle because of the non-payment of any parking fee, the Renter shall promptly send the photo thereof to the [email protected] e-mail address, and deliver the original thereof to the Broker when the vehicle is returned. The Renter shall promptly pay any surcharge and fine and inform the Broker thereof at the [email protected] e-mail address without delay.

3.5

Only fuel of the prescribed type and quality may be filled in the vehicle.

3.6

It is forbidden to use the vehicle for transporting goods or towing, for supplying commercial or other services or transporting passengers in a business-like manner. It is forbidden to sublet the vehicle.

3.7

It is forbidden to enter the vehicle in any sports event or race with the vehicle.

3.8

It is forbidden to use the vehicle to commit a crime.

3.9

It is forbidden to smoke in a car.

3.10 It is forbidden to carry animals in the vehicle. 3.11 It is forbidden to drive the vehicle under the influence of alcohol or any substance that has an adverse effect on the ability to drive, or to allow any person under the influence of alcohol or or any substance adversely affecting his driving ability to drive the vehicle. 3.12 It is forbidden to drive the vehicle in any other inappropriate way or allow anybody to use it for any such purpose. 3.13 The vehicle may be used in the territory of the following states outside the territory of Hungary: EU Member States, Norway, Switzerland, Iceland, Serbia, Montenegro, Bosnia and Herzegovina, Macedonia, Moldova. 3.14 Where the Renter is a natural person, he/she may conclude the Rental Contract in person only, no representation is admissible. 4.

BROKER’S FEE, OTHER FEES AND CHARGES

4.1

The Renter shall pay the amount specified in the Assignment Contract for use of the vehicle. The method of calculating the Broker’s fee is defined in the document titled Broker’s fee and rent in Annex 1 attached to the present general terms and conditions.

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RENTAL CONTRACT GENERAL TERMS AND CONDITIONS VALID FROM 02.12.2016 4.2

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 exceeding one hour the Renter shall pay the rent and the Broker’s fee for one more day.

4.3

If the Renter fails to return the vehicle within 24 hours of the expiry of the rental period, the Renter 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 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.

4.4

During the term of the rental, the Renter bears all the costs incurred in relation to the use of the vehicle, including, particularly, the fuel costs, the parking costs, any motorway and other road tolls inside and outside Hungary as well as the costs of any fines and penalties levied on the vehicle or the Owner due to the Renter’s misconduct while driving the vehicle during the rental period. The Renter remains responsible for the payables due to him/her according to this point even after the expiry of the rental. The Renter hereby authorizes the Broker to collect any such sum due to the Owner or the Broker even after the expiry of the rental.

4.5

The renter shall settle all of its payment obligation by bank or credit card..

5.

RETURN OF THE VEHICLE

5.1

The Renter shall return the vehicle, including the keys and documents received and all accessories and equipment, at the time defined in the Rental Contract and in the same condition in which he received them.

5.2

The vehicle must be returned in the Site.

5.3

The vehicle will be returned with the same amount of fuel as it contained upon its receipt. The fuel quantity is determined in such a way that the tank is empty, or the fuel level is at least 1/8, 2/8, 3/8, 4/8, 5/8, 6/8, 7/8 or the tank is full, according to the vehicle’s display.

5.4

No extension of the Rental Contract shall be valid unless requested by the Renter by e-mail to the [email protected] e-mail address at least 24 hours before the rental period and confirmed by the Owner by e-mail before the expiry of the original rental period. The Owner is not obliged to extend the Rental Contract.

6.

COMPULSORY THIRD PARTY LIABILITY INSURANCE AND CASCO

6.1

The Broker made out a CASCO insurance (the “CASCO Insurance Contract”) for the vehicle. By concluding the Rental 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.

6.2

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 agreed by the Renter and the Broker in the Broker Contract.

6.3

The Renter shall refund all damages even up to the value of the vehicle in respect of 4

RENTAL CONTRACT GENERAL TERMS AND CONDITIONS VALID FROM 02.12.2016  

any damage to the vehicle other than insurance events occurring during the term of the rental, any damage for which the insurance company excludes or restricts its liability.

7.

PROCEDURE IN THE EVENT OF AN ACCIDENT OR DAMAGE OR TECHNICAL FAILURE

7.1

In the event of an accident or any damage to the vehicle (e.g., theft, vandalism) or any breakdown of the vehicle, the Renter must immediately notify the Broker on the +36-30-8894455 BeeRides Assistance line. The Renter is obliged to act in compliance with the Broker’s instructions in all respect. The Renter is obliged to attend to the victims involved in the accident according to the circumstances.

7.2

In case of an accident, the Renter shall act with care to do its best to clarify the case and to obtain all possible date of the participants of the damage event (other vehicle’s registration number, name and address of the owner/driver, name and address of witnesses, sketch of the site) and make photos about the accident or damage. In the case of an accident or other damage event, on no account may the Renter leave the accident location or the place where the damage occurred. The Renter may only leave the accident location or the place where the damage occurred (i) after the police has finished its tasks on the site, (ii) if urgent medical treatment is needed, (iii) after filling out the necessary documentation of an accident (not requiring involvement of the police) by the Renter and the other participant(s) of the accident and (iv) if it has fulfilled any further statutory regulations.

7.3

In the event of an accident, any damage to or breakdown of the vehicle, the Renter shall inform the other party/parties respectively involved that the vehicle is rented and that insurance coverage during the rental term is provided by an insurance company engaged by the Broker (Allianz Biztosító Zrt.). The Renter shall hand over the Broker’s and Allianz Biztosító Zrt.’s contact details to any party/parties involved.

7.4

The Renter is required to safely place and guard the vehicle based on prior arrangement.

7.5

No repair or other intervention may be carried out on the faulty vehicle.

7.6

The Renter must always keep keys and registration certificate of the vehicle and the Rental Contract form with himself/herself, as the insurance company may be exempted if the vehicle is stolen and the Renter is unable to produce these items.

7.7

The rental terminates if the vehicle breaks down or otherwise becomes unfit for use. The Renter may not enforce any claim against the Owner In this context.

8.

PAYMENT AND FINANCIAL CONDITIONS

8.1

The Renter shall pay the rent and other fees and charges expected to be paid under the Rental Contract to the Broker simultaneously with the conclusion of the Rental Contract by bank or credit card. The Broker confirms receipt of this amount by concluding the Broker Contract. The final amount of the rent will be defined at the expiry of the rental, and the Renter shall be obliged to pay the final amount of the rent. The Broker shall be obliged to account for the rent and other fees and charges to the Owner.

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RENTAL CONTRACT GENERAL TERMS AND CONDITIONS VALID FROM 02.12.2016 8.2

Where the owner is a legal person or an individual having a tax number or is renting out the vehicle in the context of the business of a private entrepreneur, the Owner authorizes the Broker to issue electronic invoices of the rent in compliance with the law to the Renter on behalf of the Owner, and the Broker shall send the invoice to the Owner by the 10th day of the month following the month in which the invoice is issued. The invoice on the rent is issued at the end of the rental.

8.3

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.

8.4

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.

9.

DATA PROTECTION

9.1

By concluding the Rental Contract, the Renter consents, on the basis of paragraph a) of Section 5(1) of the Info Act, to the Owner processing his personal data included in the Rental Contract in accordance with the legal regulations during the following the term of the Rental Contract, observing the principle of purpose limitation and other data protection principles, as long as its claim it may bring against the Owner under the Rental Contract expires. The purpose of data control is to exercise the rights and fulfil the obligations of the Owner arising from the Rental Contract, to fulfil the statutory obligations and settle any disputes with the Renter or the Broker. In the context of data control, the Owner is using the Broker as the data processor for exercising the rights and fulfilling the obligations arising from the Rental Contract. In addition to the Owner, 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 processing operations. The data controller and the data processor store 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 control required by the law, etc.) by a letter sent to the Owner’s address or by e-mail to the [email protected] e-mail address. In case of any complaint regarding the data control, the Renter is requested to contact the Owner or the Broker first at any 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.

9.2

By concluding the Rental Contract, the Renter also consents to the Owner disclosing his personal data to the acting authorities in petty offence, administrative and criminal proceedings and similar cases involving the vehicle or other competent third parties. The Renter also consents to the Owner disclosing his personal data to entities entitled to enforce and collect tolls, parking and other similar fees. The Owner 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.

10.

OTHER PROVISIONS

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RENTAL CONTRACT GENERAL TERMS AND CONDITIONS VALID FROM 02.12.2016 10.1 The place of performance of the Rental Contract is the Broker's Site. 10.2 The parties stipulate the exclusive competence and jurisdiction of the District Court of Tatabánya for any dispute arising from the contract. 10.3 Matters not regulated in these GTC and in the general terms and conditions of the Rental Contract are governed by the provisions of Hungarian law, excluding the conflict of laws provisions thereof. 10.4 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. 10.5 By signing the Rental Contract, the Renter confirms that he/she has read the present GTC and the CASCO Insurance Contract and its annexes, further, that he/she has accepted and agrees to be bound by them. 10.6 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.

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RENTAL CONTRACT GENERAL TERMS AND CONDITIONS VALID FROM 02.12.2016 ANNEXES:

1. Annex 1 – Broker’s fee and rent 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 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.

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