Terms & Conditions
General business terms and conditions
Budapesthotels.com (hereinafter the "Lessor") hereby leases out to the
person or persons who signed a lease agreement and the present general
business terms and conditions adjunct thereto in the capacity of a
lessee and / or driver (hereinafter the "Lessee") and the Lessee hereby
leases the motor vehicle specified in the lease agreement (hereinafter
the "Leased Motor Vehicle"), under the following terms and conditions
I. General terms and conditions
1. The contracting parties mutually undertake to comply with the
provisions of the lease agreement and the general business terms and
conditions adjunct there to.
2. Subsequent to delivery, the Lessee shall present any and all
complaints to the Lessor.
3. Any declaration concerning the lease agreement may be validly made
exclusively in writing, except the cases where the lease agreement or
the general business terms and conditions adjunct thereto provide
otherwise.
4. Should Lessee include any false data into the agreement or fail to
comply with the provisions of the lease agreement, Lessor can terminate
the agreement with immediate effect. Lessee is fully liable for the
related damages and Lessor has the right to take back the leased vehicle
without any further notice and report it to the police if necessary.
II. Use of the leased motor vehicle
1. The leased motor vehicle may exclusively be driven by the Lessee who
holds a valid driving licence.
2. The Lessee shall be prohibited from driving the Leased Motor Vehicle
under the influence of alcohol or narcotics. It is also prohibited to
commit any crime and to illegally cross the state borders by using the
leased motor vehicle. Cross-border using (i.e., using outside the
borders of Hungary) of the Leased Motor Vehicle shall be subject to the
written consent of the Lessor.
3. Lessee is prohibited from entering the leased motor vehicle for
sports events and/or test purposes and towing other vehicles.
Furthermore, Lessee is prohibited from using the leased vehicle for
transporting persons or goods on professional purposes.
4. Lessee is obliged to abide by the domestic and related foreign
regulations of the Highway Code (KRESZ).
5. Lessee is obliged to use the leased motor vehicle by the generally
expected carefulness. 6. Lessee shall bear all costs related to the use
of the leased motor vehicle during the period of lease (e.g.: fuel
costs, parking fee, toll, garage fee, fines, etc.).
III. Leasing period and return of the Leased Motor Vehicle
1. The term of lease specified by Lessee at the time of booking is shown
on the other side of the contract.
2. The minimum term of the lease shall be 24 hours. In the case of any
delay longer than 3 hours Lessee shall charge an additional total daily
fee.
3. Lessor shall lease the leased motor vehicle, its documents and
necessary accessories at the starting time of the lease to Lessee. At
the time of delivering the leased motor vehicle the Condition of the
Motor Vehicle document shall be filled in and signed by the contracting
parties.
4. Lessor shall fulfil the contract by expectable carefulness but Lessor
isn't liable for delays in delivery and returns of cars or fails in
leasing.
5. The Leased Motor Vehicle, its accessories, the equipment belonging
there to and the documents thereof shall be returned after the expiry of
the contracted term of the lease, in the branch of the Lessor or any
other place specified in the lease agreement, with full tank, in clean
and fair condition. At the time of returning the leased motor vehicle,
parties shall record the possible damages caused to the car and
deficiencies in the Condition of the Leased Motor Vehicle document.
Lessee is liable for damages and deficiencies recorded in the Condition
of the Leased Motor Vehicle document (e.g. number plate, ignition key,
etc.) even if Lessee is not present at the returning of the leased motor
vehicle (doesn't wait for the checking up procedure of Lessor) and is
unable to sign the Condition of the Leased Motor Vehicle document upon
returning the vehicle.
6. Lessee shall receive the leased motor vehicle with a full tank and
must return it with a full tank. In the event of not a full tank, the
missing quantity will be calculated by Lessor estimation and Lessor has
the right to make a charge for filling up.
7. The Lessee shall request the written approval of the Lessor for the
lengthening of the term of the lease 24 hours prior to the expiry of the
original term of the lease, and the Lessee shall, at the same time, pay
an additional fee for the lengthened term of the lease.
8. In the case of a non-approved use after the contracted term of the
lease or the unilateral or other termination of the lease agreement, the
Lessee shall pay to the Lessor an amount equal to the twice of the fee
of the lease to the Lessor, or net 2000 HUF / hour fee if the unapproved
lengthening does not exceed24 hours.
9. In the case of a delayed return, the Lessee shall become liable for
any and all damages incurred in the Leased Motor Vehicle after the
expiry of the termof the lease. After the expiry of the term of the
lease the Casco (comprehensive insurance) insurance becomes invalid and
Lessee must pay for the total costof incurred damages. The Lessor shall
have a claim for compensation if the Lessee does not return the Leased
Motor Vehicle after 24 hours reckoned from the expiry of the term of the
lease at the latest. The Lessee shall reimburse the Lessor any and all
costs arising from the delay (e.g., those of the discovery and
transportation of the Leased Motor Vehicle).
10. In the event of a not agreed delayed return of the motor vehicle
Lessor shall report it to the police.
IV. Insurance
1. The fee of the lease to be paid by the Lessee shall include the fee
of the mandatory liability insurance required by the laws of Hungary.
2. Lease fee only includes CASCO insurance covering crash damage and
theft if it is explicitly indicated in the lease contract. In this
event, in the case of crash damage or theft, the Lessee shall be liable
only up to the specified amount, unless otherwise stipulated in the
contract. The amount of compensation for crash damage and theft is
included in the lease contract. If the leasing fee doesn't include Casco
insurance, Lessee is liable to pay for the total amount of the damage
incurred to the leased motor vehicle.
3. If the CASCO Insurance does not cover the damages arising from crash
and/ or theft damage because of a breach of contract, providing untrue
or deceiving data, the Lessee shall be liable for all damages,
especially but not exclusively in the case where it gave the Leased
Motor Vehicle over to a third person.
4. The Lessee shall not be considered guilty in an accident to the
leased vehicle if he holds a correct completed Accident Report document
of European standard where the raiser of the accident acknowledges his
blame and authenticates itby his/her signature. In this event, Lessee
shall not be liable to costs in the related accident. (the procedure to
be carried out in relation to an accident is described under item 5)
5. Damages to the wheel, tyres, windows, windscreen (stone chipped),
passenger and load compartment of the Leased Motor Vehicle that do not
arise from an accident are not covered by the CASCO insurance.
Therefore, Lessee shall be fully liable for such damages.
6. If the Leased Motor Vehicle is left for any short period of time, the
Lessee shall take away the portable auto radio or, as the case may be,
the face side of the auto radio if it can be removed, as well as it
shall take care of that no valuables remain in the Leased Motor Vehicle.
If Lessee fails to do so Lessee shall be liable for all damages caused
by damages to the leased vehicle and the Casco insurance shall become
invalid.
7. Lessee is fully liable in the event of theft if he did not return the
traffic licence and the original key to Lessor or copied the original
key of the leased vehicle without the approval of Lessor. In the event
of compensation originating from these issues, the Lessee shall be
liable to pay the amount determined byan official agent of EUROTAX by
estimation. Lessor shall have the key of the leased motor vehicle
examined by an expert in the case of theft.
8. In the event of losing the ignition key of the leased vehicle, Lessee
shall immediately inform Lessor who shall arrange the change of the lock
and obtain new ignition keys. All related costs shall be covered by
Lessee.
9. In the event of crash damage or damage to the leased vehicle, the
amount of self part to be paid by Lessee shall be multiplied by the
number of accidents, that is, the self part is to be paid as many times
as many accidents happen to the leased vehicle.
10. In the event of damage to the leased vehicle originating from
Lessee's fault, Lessee is fully liable to pay the costs of the
transportation of the damaged vehicle to the offices of Lessor. (towing,
transporting car, etc.)
V. Conduct of the Lessee in the Case of an Accident or an Event of
Damage
1. The Lessee (or the authorized driver) shall directly notify the
Lessor and the police in the case of an accident or an event of damage
or theft and have the name and address of the concerned parties, the
originator of the accident and the witnesses recorded in minutes.
2. The issuance of a declaration about the damage shall be subject to
the approval of the Lessor. It shall always be the Lessor who may
initiate the necessary measures serving rescue or repair.
3. In the event of an accident in Hungary, an Accident Reporting
document of European standard, correctly completed and signed by both
parties, where the faulty (originator of the damage) person acknowledges
his fault, is required.
4. In the event of an accident/damage abroad, besides the
above-mentioned items, the certification of originator's insurance
company (provided originator is not the Lessee), and the police minutes
are required.
5. The Lessee shall make a detailed report on the accident for the
Lessor without delay. The Lessee shall be fully liable if it fails to
notify the Lessor within24 hours from the accident, theft or break in of
the Leased Motor Vehicle.
6. If the Lessee fails to submit the documents necessary for the damage
management within 24 hours from the event of damage, it shall be liable
for damages arising from the delay in repair and damage management.
VI. Breakdown of the leased motor vehicle
1. The Lessor shall bear the costs of repair works relating to the
Leased Motor Vehicle, provided that they occur in connection with
appropriate use (i.e., if the use complies with the rules of safe
operation and traffic) and that the Lessee (or the driver) notifies the
Lessor of such repair works via telephone. The Lessee shall have the
possibility to have the Leased Motor Vehicle repaired or to have
spare-parts exchanged up to a limit of HUF 5000 without the specific
verbal consent of the Lessor. In the case of the exchange of
spare-parts, the Lessee shall hand over the exchanged old spare-part to
the Lessor; otherwise the Lessee shall bear the costs of the repair
works.
2. In the case of a breakdown of the kilometre indicator, the Lessor
must immediately be notified thereof, and the repair thereof shall be
made in the nearest service station without delay and, at the same time,
it is necessary to settle the use of the kilometres. In the case of a
breach of these provisions, the Lessor shall charge the fee of the lease
on the basis of the road run according to map plus10%.
3. In order to ensure the safe operation of the Leased Motor Vehicle,
the Lessee shall check the cooling water and the motor oil gauge, and
shall indicate any problem to the lessor in relation to them as well as
to the gearbox oil. Damages arising from the leakage of oil or cooling
water shall be borne by the Lessee.
4. The Lessee shall give the Leased Motor Vehicle at the disposal of the
Lessor, upon such request of the Lessor, for the purposes of inspection
and maintenance, in particular in the case of a specially long term
lease for the period necessary for the maintenance required by the
manufacturer. Lessor notifies Lessee if the leased motor vehicle reached
the mandatory service interval the exact data of which is indicated in
the "Vehicle State document" belonging to the leased vehicle. For this
period, the Lessor shall give a substitute car to the Lessee. If Lessee
has no information when the leased vehicle reaches the mandatory service
interval, Lessee must get information on this from the dispatcher
service of Lessor.
5. The Lessee shall be fully and unconditionally liable for damages in
the case of its breaching any of sections above (VI/1, VI/2, VI/3,
VI/4,).
VII. Liability of Lessee
1. The Lessee shall be fully liable for damages if he/she drives the
Leased Motor Vehicle under the influence of alcohol, narcotics or other
material capable of inducting twilight sleep, or if the Leased Motor
Vehicle was not driven by the person specified in the lease agreement,
or, further, if the damages occurred during towing another motor
vehicle.
2. The Lessor charges to the Lessee the damages and related costs caused
by the Lessee (e.g., costs of expert opinion, towing, costs per work
hour).
3. The Lessee shall pay the fines and other fees (e.g. parking tickets,
speeding, toll fee etc.) imposed during the term of lease in connection
with the Leased Motor Vehicle.
4. The Lessee is obliged to use the leased motor vehicle by its intended
purpose and ensure the safe keeping of the vehicle and its documents.
5. If the Lessee is a legal entity or other non-natural person, the
lease agreement and the general business terms and conditions adjunct
thereto shall be signed on behalf of the Lessee by duly authorized
person(s), or person(s) with proper written authorization. In the
absence of these, the signatory shall bear full liability for the
payment of the fee of the lease, costs and damages.
VIII. Financial and payment conditions
1. The Lessee shall pay the fee of the lease, costs and the caution
money in advance, unless otherwise stipulated in the lease agreement.
Lease and other fees are included in the Lease agreement.
2. Lessee acknowledges and accepts that by signing this contract Lessor
may enforce its claim by requesting the issue of a prompt payment order
(on the bank account or credit card used as caution money for the leased
car) and Lessee irrevocably authorizes Lessor to issue a prompt payment
order.
3. Lessee may have the following payment obligations: a, Lease fee and
other ease-related fees. b, In the case of default or delayed lease
payment the incurring costs of a lawyer, law-expenses, collection
expenses and other expenses andthe default interest which equals to the
twice of the actual basic interest rate of the Hungarian National Bank.
c, Expenses of delivering and returning the leased motor vehicle. d,
Extra charge in case of exceeding the allowed kilometre. e, Compensatory
expenses in the event of damage or theft to the leased motor vehicle
laid down in the lease agreement, and other compensatory obligations. f,
Expenses of cleaning the leased vehicle inside and outside if the leased
vehicle is returned in a state dirtier than could be expected. g,
Parking, toll and other expenses and the fines related to the use of the
leased motor vehicle. h, In the event of returning the leased motor
vehicle without full tank, the expenses of refilling and the fuel. i,
Any compensatory obligations of Lessee that are not included in this
agreement. j, Extra expenses to be paid for losing the accessories and
documents of the leased motor vehicle. k, Compensatory payment for
damages originating from improper use of the leased motor vehicle or
other damages, or from breaching this contract, at the value determined
by an independent magistrate expert or official service station of the
vehicle. l, Value Added Tax and other taxes, duties that are to be paid
legally by the above specified fees. m, With reference to point g, h, i,
j, k, an administrative fee of Euro 10net will be charged for each
individual case.
IX. Data protection
1. Lessor shall use the stored data exclusively for the purpose of the
lease and in order to communicate sales and shall not hand over the data
to third parties, except for the exceptions laid down in the lease
agreement.
2. In either of the cases where the Lessee does not return the Leased
Motor Vehicle within 24 hours reckoned from the expiry of the term of
the lease, the cheque of the Lessee is without funds, the Lessee does
not properly pay the due fee of the lease or the data of the Lessee
provided in the lease agreement prove to be false, the Lessor shall be
entitled to hand over the personal data to a third person.
3. Lessee agrees and accepts that Lessor will hand over the information
related to the lease and personal particulars of Lessee to authorities
for this purpose, or to the institutes conducting legal procedures in
relation to fines and other compensatory fees related to the leased
motor vehicle.
X. Place of Performance and Miscellaneous Provisions
1. The place of performance shall be the Budapest office of the Lessor.
Any legal dispute arising out of the lease agreement shall fall within
the exclusive competence of the Central District Court of Pest in the
case of economic entities, and within that of the XI and XII Districts
Court of Budapest in the case of natural persons.
2. The contracting parties declare that should any of the relevant
contractual provisions be declared null and void, they would enter into
this lease agreement without the null and void provision.
3. Any matter not governed in the lease agreement and the general
business terms and conditions adjunct thereto shall be governed by the
Civil Code (Act IV of1959) as amended. |
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