Rental Conditions
Rentix Kft. (hereinafter referred to as Lessor) rents the vehicle (hereinafter referred to as Rental Car) named within the car rental contract (hereinafter referred to as Rental Contract) to the Lessee named within the Rental Contract (hereinafter referred to as Lessee), with the below conditions.
I. General Terms
1. By signing the Rental Contract, the Lessor and the Lessee (hereinafter jointly referred to as Contracting Parties) mutually undertake to comply with its provisions and the present General Terms and Conditions (hereinafter General Terms).
2. The Rental Contract is concluded by being signed by the Contracting Parties. Any declaration or modification concerning the Rental Contract and the General Terms (hereinafter jointly referred to as Contract) may only be valid in writing – with the exceptions set out in the Contract.
4. If the Lessee is a legal person or another non-natural person, the Rental Contract may be signed on behalf of the Lessee by the person(s) with signature right, or by the person(s) entitled by the authorized signatories in a written power of attorney attested by two witnesses. In other cases, the signatory of the Rental Contract shall qualify as Lessee as a private person.
5. The Lessor has the right to terminate the Contract with immediate effect if the Lessee does not fulfill its payment obligations according to the Contract within the stipulated deadline, or if the necessary cover is not available on the credit card provided by the Lessee (e.g. in case of prolongin etc.) to fulfill its payment obligations.
6. The Lessor may terminate the Contract by an unilateral declaration, of which it shall be obliged to inform the Lessee at the availabilities set out in the Rental Contract. The notice of the Lessor is valid even if the Lessee cannot be successfully informed by the Lessor at the availabilities stipulated by the Lessee. Should the notification about the Lessor's notice regarding the Contract fail for any reason, it does not affect the termination of the Contract.
II. Use of the Rental Car
1. The Rental Car may only be driven by a Lessee who possesses a valid, at least 1 year old driving licence, or by a chauffeur named by it in the the Rental Contract who possesses a valid, at least 1 year old driving licence.
2. The Lessee is forbidden to drive the Rental Car under influence of alcohol or drugs. Committing indictable offences with the Rental Car is prohibited. Smoking is forbidden in the Rental Car, in case of breaching this, the Lessee shall be obliged to pay the Lessor an amount of HUF 15,000.- + VAT by right of a lump sum compensation when returning the Rental Car.
3. Travelling by the Rental Car beyond the confines of Hungary is only possible with the written approval of the Lessor.
4. The Lessee is forbidden to race with the Rental Car and/or to use it for test purposes, or related trainings, and to tow another vehicle. Furthermore, using the Rental Car for transport of passangers on a businesslike basis, or for transport of goods is also forbidden.
5. The Lessee is obliged to comply with the provisions of the concerning national and foreign laws, particularly but not limited to, traffic regulations (the Highway Code).
7. With the exception of the items stipulated in the Contract, the Lessee shall bear all costs related to the use of the Rental Car (e.g.: fuel costs, parking fee, road user charges, garage fee, fines, etc.) and bears the responsibility for damages related to the possession of the Rental Car (e.g. impairment of the Rental Car, damage to the Rental Car done by third persons, etc.) during the term of the Contract.
III. Rental Term, Handing Over and Returning the Rental Car
1. The term of the Rental Car's rental, the beginning and ending points of time shall be included in the Rental Contract.
2. The minimal rental term is 24 hours. In case of a default exceeding 1 hour, the Lessor charges the Rental Fee of one further day. The Rental Fee of one day shall be paid as Rental Fee also if the rental term is less then 24 hours. At an Internet base rate
3. At the beginning point of time of the rental term, the Lessor hands over the Rental Car with its documents and necessary accessories to the Lessee. Signing the Contract and other occurent supplementary agreements, informative materials shall take place at latest by the time of handing over the Rental Car. By the time of handing over the Rental Car, a vehicle inspection sheet shall be filled out regarding the Rental Car, which shall also be signed by the Contracting Parties.
4. The Lessor does its best to perform the Contract with due care, but cannot be held responsible in case of a delay of the handover or taking back the vehicle, nor in case of the Translation mistake. of the Contract.
5. At the expiry of the rental term stipulated in the Rental Contract, the Rental Car, its equipments, accessories and documents have to be returned at the Lessor's depot, or at the place set out in the Rental Contract, at the time appointed in it, in a clean condition as can be generally expected.
6. The Lessee shall receive the Rental Car with a full fuel tank, and unless other options have been agreed also has to return it with a fully refuelled tank. In case of missing fuel, the missing quantity shall be refuelled by the Lessor, the cost of which shall be charged further to the Lessee together with the administration fee.
7. When returning the Rental Car, the Lessor shall record any occurent new damages, deficiencies of the Rental Car, and the presence or the absence of the documents belonging to the Rental Car on a vehicle inspection sheet concerning the Rental Car. The Lessee shall be fully liable for the new damages and deficiencies of the Rental Car (e.g. registration book, number-plate, ignition key, etc.). The financial responsibility of the Lessee
arising from this may only be reduced or terminated in certain cases regulated by the Contract (e.g. insurance).
8. When returning the Rental Car, in case the Lessee brings it back and delivers it in a dirty, contaminated state, or any other circumstance occurs (e.g. a dark street without lighting) because of which the Lessor is unable examine the Rental Car at the time of taking it back, the Lessor shall have the right to carry out the examination of the Rental Car's condition without the presence of the Lessee, within 24 hours from taking it back. The Lessee's financial responsibility and compensation liability continues to exist even if it is unable (because of its absence) or unwilling to sign the condition sheet and/or the Rental Contract regarding the Rental Car when returning the Rental Car. If any damage happens to the Rental Car of such nature which cannot be noticed by the time of returning it (e.g. damage to the engine or other mechanical parts, etc.), the Lessor shall have the right to posteriorly state a damage of such nature on the condition sheet of the Rental Car within 72 days from taking it back.
9. The signature of the Rental Car's condition sheet by the Contracting Parties at the time of issuing the Rental Contract verifies the Rental Car's condition at the time of handing over, so if a new damage is done to the Rental Car by the time of returning it, and it is recorded by the Lessor on the condition sheet of the Rental Car when taking it back – or within 24 or 72 hours in the abovementioned cases -, the Lessee shall be obliged to pay the compensation, insurance loss retention and other fees due to the Lessor according to the Contract.
10. The Lessee may ask to prolong the rental term in writing, at least within 24 hours from the expiry of the rental. The Lessor declares in writing it permits the prolonging of the rental term. In case of prolonging, the Rental Fee has to be settled according to the Contract as well. In case of prolonging the contract, the Lessor has the right to ask the Lessee to show the Rental Car, and the related occurent arising costs shall be born by the Lessee.
Oral prolonging of the contract is not valid, the Lessor may only declare the acceptance of the prolonging in writing. The Lessor has the right to reject the prolonging without any justification, and the Lessor cannot raise any compensation claim regarding this. If the Lessor rejects the prolonging, it is not required to send a written confirmation about the acceptance of the prolonging, the Contract terminates because of expiry, and the Rental Car has to be delivered to the Lessor at the place and time appointed in the Rental Contract.
11. From the point of time following the expiry of the Rental Contract until returning the Rental Car, the Lessee shall be obliged to pay the Lessor a charge for use, the amount of which equals twice the sum of the Rental Fee set out in the Rental Contract, or a fee of net HUF 3,000 / hour, respectively, if the illicit elongation does not attain 24 hours.
IV. Insurance
1. The Rental Fee stipulated in the Rental Contract always includes the fee of the obligatory liability insurance which is prescribed by law in Hungary.
2. The Rental Fee only contains a comprehensive insurance (CDW, TP) (hereinafter referred to as: comprehensive insurance) for the cases of breakage and theft damages, if it is indicated in the Rental Contract.
In case of a comprehensive insurance, the Lessee's liability in the cases of breakage and theft damages, with the exceptions set out in the Contract, only extends to a fixed compensation fee (own risk). The extent of the compensation (own risk), which may be different in the cases of breakage and theft damages, shall be included in the Rental Contract. The amount of the compensation (own risk) is multiplied by the different cases of damage, and it has to be paid as many times as many different cases of damage result in damages to the Rental Car.
If the Rental Fee does not contain a comprehensive insurance, or the insurance company providing the comprehensive insurance concerning the Rental Car does not reimburse the Lessor for the damages for a reason which is imputable to the Lessee (e.g. drunken driving, etc.), the Lessee has to reimburse the value of the full damage occured in the Rental Car, with the exceptions stipulated in the Contract.
4. The comprehensive insurance does not extend to: glass damages of the Rental Car (Stone chips), Tyre and wheel damages, injuries of the tire, and the damages of the Rental Car's interior and luggage compartment or the Rental Car's base plate and the parts underneath that, abandoned and lost accessories (e.g. cigarette lighter, head rests etc.) - those damages must be fully reimbursed by the Lessee.
8. Should a case of damage occur to the Rental Car by Lessee's mistake, the cost of transporting the Rental Car back home (towing, breakdown service, etc.) shall be born by the Lessee.
9. After a case of damage occurs, the Lessor shall determine the amount of the caused damage, thus the compensation payable by the Lessee (e.g. own risk) according to the documents or experts' opinions, or invoices, or concerning repair calculations or price quotations regarding the costs of the repair and the renovation of the damage – by signing the present General Terms, both parties accept the objective compensation items included in these documentations. The Lessee's compensation liability continues to exist even if the Lessor decides not to repair the damage occured to the Rental Car (e.g. it shall sell the Rental Car in the damaged state, or has it repaired later on, etc.).
V. The Lessee's Conduct in Case of an Accident and Other Case of Damage
2. The Lessee may not make any statement related to the case of damage to a third person on behalf of the Lessor, unless having the written approval of the Lessor. The Lessee is not allowed to make any statement about taking responsibility regarding the case of damage. The Lessor may initiate the rescue and repair procedures as circumstances may require.
4. The Lessee undertakes to make a detailed report of the accident for the Lessor without delay, within 24 hours from the case of damage at latest. Furthermore, it shall cooperate with the Lessor regarding the administration which is necessary for the settlement of the loss by the insurance company (e.g. filling out the vehicle's notice of loss, etc.).
5. If the Lessee does not comply with the provisions of the above sections, the Lessee may be held fully liable financially and the comprehensive insurance becomes invalid (even if the Rental Contract contained a comprehensive insurance).
6. If the Lessee does not submit the documents which are necessary for the damage administration within 24 hours from the occurence of the case of damage, it shall be obliged to reimburse the Lessor for the damages arising from the default of the repair and administration time.
7. After having received the abovementioned documents, the Lessor shall determine whether the Lessee has to pay a compensation, and the amount of the compensation resulting from the damage to the Rental Car. The Lessor shall inform the Lessee about that in writing at the availability stipulated in the Contract.
8. If the insurance company refuses to pay for the damages for a reason which is imputable to the Lessee (e.g. drunken driving), or only pays a reduced compensation, the Lessee shall be obliged to reimburse the Lessor for the damages not covered by the insurance company.
VI. Breakdown of the Rental Car
1. The Lessor undertakes to bear the repair costs of the occurent failures of the Rental Car which are reported by the Lessee to the Lessor on the telephone or in writing, provided that those occured in the course of proper use (according to the safety of operation and/or transport). Repairs of the Rental Car may only be ordered by the Lessor, but the Lessee shall be entitled to have the Rental Car repaired or have a component changed without the further written approval of the Lessor up to the value limit of net HUF
3. The Lessee shall be obliged to check the engine coolant level and the engine oil level of the Rental Car, and it shall be obliged to sign any occurent problem arising in the course of the rental related the engine coolant level, the engine or the gear lubricant oil (flowing, freezing, etc.). The Lessee shall be responsible for the damages occuring in the Rental Car resulting from the use of the Rental Car after the engine coolant or the boring oil has flown away or frozen.
4. The Lessee undertakes to put the Rental Car at the Lessor's disposal for the sake of inspection and maintenance for the time of the service prescribed by the manufacturer, as indicated by the Lessor. The Lessee shall be obliged to notify the Lessor if the Rental Car reached the obligatory service interval, the exact rate of which shall be indicated on the vehicle condition sheet belonging to the Rental Car. The Lessor shall provide a courtesy car for this period. If the Lessee does not know when the Rental Car shall reach the the obligatory service interval, it shall be obliged to find it out from the dispatcher service of the Lessor.
5. The Lessor cannot be held liable for disadvantageous consequences happening to the Lessee arising from the failure or the improper, imprecise operation of the Rental Car or its accessories (e.g. being late from a meeting, etc.). In case of such breakdown of the Rental Car, when the Lessee is unable to continue its journey with the Rental Car, the Lessor reimburses an accomodation cost of one day in the value of maximum EUR 70 and a daily fee for one day in the amount of EUR 30 at the most.
VII. Liability of the Lessee
1. The Lessee particularly but not only bears full compensation liability to the amount reaching or exceeding the full value of the Rental Car, if it drove the Rental Car under the influence of alcohol or drugs and/or other possibly narcotic remedies, furthermore, if the Rental Car was not driven by the person appointed in the Rental Contract, another vehicle was towed by the Rental Car, or the Rental Car was used in any other improper way.
2. The Lessee is obliged to pay all fines and other fees (parking ticket, speeding, motorway sticker, etc.) charged concerning the Rental Car during the possession of the Rental Car, or to posteriorly refund them if a notification arrives of such a fine afterwards.
3. The Lessee bears full and unconditional liability for all damages arising by the Lessor resulting from the breach of the Contract or the faulty, improper application thereof.
4. If posteriorly the Lessee who is indicated in the Rental Contract lawfully denies having the Rental Car rented itself (e.g. a false signature or certificate, or a signature based on an invalid, false power of attorney in case of a legal person, etc.), then the person who has signed the Rental Contract either as the Lessee or as the chauffeur shall qualify as Lessee as a private person, and shall be liable for the performance of all payment obligations towards the Lessor arising related to the use and the possession of the Rental Car.
VIII. Payment and Financial Conditions
1. Unless agreed otherwise, the Lessee shall be obliged to pay the Rental Fee, the fees and occurent caution in advance, or provide them as a deposit through a classic type bank or credit card. The rental and other fees are included in the Contract. If the rental or other fees are determined in a foreign currency, and the reservation, the handover of the car and the credit card transaction happen at different points of time, a rate difference may occur as a consequence of the change from the foreign currency to HUF. The Contracting Parties assume the loss or profit which might result from this, and they declare that they shall not claim those from the other party.
2. The Lessor shall not be obliged to pay an interest to the Lessee after the deposit placed by it, or for the deposit blocking transaction commenced by it. After the termination of the Contract and the settlement with the Lessee, if the Lessee completely fulfills its payment obligations, the Lessor shall be obliged to dissolve the blocked deposit of the credit card at latest within 72 hours. However, the Lessor cannot be held responsible if the dissolution of the credit card deposit happens later than this deadline if the Lessor verifies that it has initiated the deposit dissolution transaction within the abovementioned deadline.
3. By signing the Rental Contract, the Lessee approves and irrevocably authorizes the Lessor to charge the Lessee's bank or credit card with the amount of the claim, or issue an immediate encashment concerning the bank or credit account behind the bank or credit card, for the sake of collecting the Lessor's claims (see also Section VIII/4). In case of the failure of these, the Lessor shall initiate legal proceedings, liquidation proceedings, or proceedings of distraining for the sake of collecting its claims.
4. The following payment obligations of the Lessee may arise, and the Lessee undertakes payment or compansation obligation regarding the following:
a, The Rental Fee, and other fees related to the rental, respectively.
b, In case of failing to pay a fee or default payment, the arising attorney's costs, cost of the proceedings, collection and other costs, furthermore a default interest, the rate of which equals the double of the all time base rate of the National Bank of Hungary.
c, Fees of transporting out and back.
d, Additional charge payable after exceeding kilometres, if not stipulated otherwise by the Contract, net HUF 40 / excess kilometre. In case of a rental exceeding 30 days, if not regulated otherwise by the Contract, a mileage above 3000 kilometres/ month qualifies as kilometre exceeding.
e, A compensation amount determined in the Contract related to a case of damage occuring in the Rental Car in case of breakage or theft damages (own risk of comprehensive insurance), or other obligation for compensation, respectively.
f, The (interior, external) cleaning of the Rental Car, if the Rental Car is returned in a more contaminated state that can be generally expected.
g, Parking, motorway and other fees, and other fines, punishments imposed related to those or the use of the Rental Car.
h, In case of missing fuel at the time of returing the Rental Car, the additional charge of refuelling (see Section m.) and the cost of the fuel.
i, Any compensation obligation of the Lessee which is prescribed by the Contract.
j, Additional charges for losing the accessories, certificates or other documents of the Rental Car and the costs arising for the sake of their replacement.
k, Compensation for the damages to the Rental Car or its accessories caused by improper use, breach of Contract or other damage, payment of the own risk of insurance according to a repair invoice, repair calculation or other calculation, price quotation, invoice.
l, Value added tax (VAT) and other taxes, fees, which have to be paid according to the law in the abovementioned fees.
m, The Lessee shall be obliged to pay a further administration fee of net HUF 4,000.- + VAT / event to the Lessor beyond the payment obligations set out in Sections g, h, i and j above for the administration carried out by the Lessor related to those events.
n, The Lessee shall be obliged to pay a further administration fee of net HUF 12,000.- + VAT / event to the Lessor beyond the payment obligations set out in Section k above for the administration carried out by the Lessor related to that event.
IX. Data Management
1. The Lessor undertakes to use the data stored about the Lessee solely for the contractual cooperation and the communication of its own marketing promotions, and shall not reveal the personal data of the Lessee to third persons with the exceptions set out in the Contract.
2. If the Lessee does not return the Rental Car to the Lessor in case of the expiry, renunciation, or other kind of termination of the Contract, the Lessor is entitled to reveal the personal data to third persons and authorities in defence of its own rights.
3. The Lessee approves to have the informations related to the Rental Contract and the personal data of the Lessee delivered by the Lessor to the authorities and other organizations proceeding in the course of collecting the rental and other fees and any kind of fines and payment obligations regarding additional charges related to the use of the Rental Car, or legal or other persons assigned by the Lessor for claim management and collection.
X. Other Provisions
1. The Contracting Parties declare that in case of any legal dispute arising from the Contract, they regard the provisions of Hungarian law as governing law. For questions not regulated by the Contract, they regard the effective provisions of the Hungarian Civil Code as valid, and they stipulate the exclusive jurisdiction of the competent Court according to the seat of the Lessor which is registered by the time of signing the Contract.
2. The Contracting Parties declare that if any condition of the Contract's provisions proved to be invalid, the Contracting Parties would still conclude the Contract without that condition, and the invalidity of one or more sections of the present general terms and conditions does not affect the validity of the remaining sections, or the Contract as a whole, respectively.
3. These terms and conditions are for guidance only. In the event of any dispute the Hungarian terms and conditions will apply.
Budapest, April 9, 2013
