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GENERAL CAR RENTAL TERMS AND CONDITIONS

on the basis of which Bér-Elek Kft. appearing in the rental contract as Lessor rents to the Lessee and the Lessee rents from the Lessor the motor vehicle specified overleaf, with the following terms and conditions.

1. The Lessor shall hand over the motor vehicle (hereinafter: the car) in a technical and aesthetic condition suitable for road traffic, without any obvious or latent defects, with lubricants and with a full tank, together with the necessary accessories, and according to the “Condition Sheet”, which forms an integral part of this contract. The Lessee shall be fully responsible for the car and may use it with the permits and under the conditions prescribed by law.

2. The car may only be driven by the persons authorised by the Lessor and included in the rental contract. The car may only be driven by a person of at least 21 years of age, having a valid personal identification card or passport and a driving licence which has been valid for at least a year. The Lessee shall observe all Hungarian and foreign laws, traffic rules and official regulations. The Lessor shall not be responsible for the consequences of a failure to comply with this contract or for the case when, in the event of taking the car abroad, the Lessee does not have the documents required in the relevant country (e.g. international driving licence, visa). The Lessee may and shall use the car properly and participate with it in road traffic, observing the operating instructions of the car.

3. A condition to renting the car is the payment of the rental fee and the security deposit (hereinafter: deposit) specified herein. The deposit can be paid by depositing cash with the Lessor or by the Lessee’s credit card at the time of the conclusion of contract. If the Lessee is a business association, it can also pay the deposit by bank guarantee issued for the name and benefit of the Lessor, or by handing over a confirmation of coverage by the bank, or, if it is a business association, which has existed for at least two years, it may also pay the deposit in cash. At the time of the conclusion of the rental contract, the business association shall present its official documents (certificate of incorporation issued not earlier than 30 days, registration in the companies register, memorandum of association, the original copies of the specimen signatures of the persons authorised to sign for the company, tax number). The person signing this rental contract on behalf of the company shall also undertake joint and several liability for the immediate fulfilment of the payment obligations arising from this rental contract.

4. It is forbidden to

  • rent or lend the car to a third person,
  • hand over the car to a person not authorised to drive,
  • drive the car under the influence of alcohol or drugs or let a person under such influence drive the car,
  • use the car for traction, racing, teaching or for-profit passenger transport,
  • unlawfully transport goods subject to duty,
  • use the car for transporting money-transports for a fee,
  • transport more persons than the number of transportable persons,
  • load the car in excess of the prescribed weight,
  • use the car for moving vehicles, trailers or caravans,
  • transport live animals in the car,
  • have the car repaired at a service station other than the one designated by the Lessor,
  • or use the car for any purpose other than that intended,
  • refuel with any fuel of a quality other than the prescribed quality (octane number) and run the car on it,
  • remove the safety devices from the car or make them unserviceable in any way or fail to use them.

The Lessee shall pay the Lessor all costs and damages arising from improper use and/or the breach of the above prohibitive provisions.

5. If the Lessee orders the car rental in advance and the Lessor confirms it, the Lessor shall rent to the Lessee the car of the category indicated in the order at the commencement of the rental term. If at the start of the rental term the given car is not available, the Lessor shall provide a car of the same or a higher category than that of the ordered car for the rental fee of the originally ordered car.

6. The Lessor shall rent the car on the basis of the valid price list but shall have the right to modify the fees by informing the Lessee in advance. In the event of an increase in the rental fee, the Lessee may terminate this contract with immediate effect.

7. According to this contract, one rental day consists of 24 hours (in the case of commercial vehicles the contract specifies 4 hours as the minimum), starting at the time indicated in the rental contract. A rental period expressed in weeks or months shall be determined by its starting day and expiry day (indicated as calendar days). The minimum rental term is 1 (one) day and the tolerance time – in the event of delay – is 1 hour.

8. The Lessee may prolong the contract prior to its expiry through preliminary negotiations with the Lessor, but the Lessee must report its intent to do so at least 24 hours before the end of the rental term in person, by phone or via facsimile. The extension of the rental contract shall become valid only if the Lessor confirms it in writing (via facsimile). The Lessor shall not be obliged to prolong the contract. If the extension does not take place in a verifiable manner, the contract is terminated at the original time.

9. The Lessee shall pay the rental fee on the basis of the Lessor’s invoice in cash or by its credit and/or debit card at the expiry of the rental, unless otherwise agreed. A legal person shall be entitled to pay by transfer within 8 (eight) days, provided that this is agreed with the Lessor in writing at the time of the order. If the Lessee pays the rental fee in foreign currency, the conversion shall be calculated according to the currency rate of sale of CIB Bank Nyrt. valid on the day of the handover of the car.

10. When entering into the contract, the Lessee shall place a deposit with the Lessor, consisting of the deposit determined for the rented car and of the expected rental fee. The Lessee acknowledges that if this contract is concluded for the period of repair of the Lessee’s vehicle by any of the contracted repair shops of the Lessor, the Lessor shall be entitled to withhold the Lessee’s vehicle until the Lessee fulfils his payment obligation under this contract. The Lessee shall be responsible for the damage occurring to the car and not paid by any other person with the amount of the deposit. In the event of damage occurring through the Lessee's own fault, the deposit shall be the basis of calculation of the full damages (driving under the influence of alcohol, improper use, damage caused by the vehicle being stolen, intentional damage, etc.) suffered by the Lessor and not covered by the insurance company.

The Lessee acknowledges that the Lessor may retain the deposit until its damage is fully paid or may satisfy its damage claim from it. If the Lessee returns the car to the Lessor as prescribed herein and fully pays the amount indicated on the invoice issued, the Lessor shall repay the deposit at the expiry of the rental contract. The Lessee acknowledges that the Lessor shall not charge any special handling costs for the deposit amount but shall not pay any interest on it, either, and the Lessor shall not keep the deposit amount on a special account but shall manage it freely within the framework of its ordinary course of business.

11. The Lessee shall pay the rental fee determined herein as well as the valid value added tax. The rental fee includes the statutory liability insurance, weight tax, costs of maintenance and repairs related to proper use (except the repairs due to flat tyres or the change of the same). All other costs arising during the rental period (e.g. extreme wear and tear, costs of removing dirt) shall be borne by the Lessee. The rental fee determined for one day or one week shall include the unlimited use of the car (unlimited number of kilometres), whereas the rental fee determined for one month shall include 3,000 km/month of use and the Lessee shall pay HUF 30 /km + 25% VAT extra km fee determined in the rental contract as rental fee for the kilometres driven in excess of the above. The Parties agree that the nature of the contract coming into existence between them shall be rental, and pursuant to section 16 (14) of Act LXXIV of 1992 on Value Added Tax the delivery date of the service included herein shall be the same as the payment deadline indicated on the invoice. In the case of a rental period exceeding one month, the Parties shall agree on accounting for a definite time. In respect of the periods to be accounted, they shall regard the due date of the invoice as delivery date. The Lessor may issue an invoice to the Lessee for the rental fee of one month or, if the last period to be settled is shorter than that, then of a proportionate part of a month's fee on the last business day of each calendar month or at the end of the rental period.

12. Should the Lessee fail to pay the rental fee by the deadline, the Lessor may unilaterally terminate the contract with immediate effect and have the car transported at the Lessee's expense. The Lessee agrees that the Lessor shall receive the rental fee after its maturity through collection of debts or a direct collection order. In the case of late payment, the Lessor shall be entitled to default interest calculated at twice the central bank base rate. The Lessee acknowledges that at the end of the rental period indicated in the contract, unless it is extended, the Lessor may take the car back when the rental contract is terminated, all costs of which shall be borne by the Lessee.

13. The Lessee shall be fully liable for any damage caused to the car and its accessories. The Lessee may take out an insurance policy against crashes, thefts and total loss in order to reduce its own risk.

14. In the event that the car is stolen or totally damaged, the Lessee shall pay the Lessor 10% of the gross acquisition list price of the car as its own risk within 8 days of receiving the final resolution on the closing of the investigation, and the Lessor may withhold the deposit until this date. The Lessee shall always have the car documents with it, shall not keep the same in the car, shall check whether the doors and windows are closed when the car is parked and keep its valuables necessary for everyday life in the car in such a way that they cannot be seen. It shall also be the Lessee's obligation to use the safety devices (switch-lock, alarm, etc.) installed in the car and to keep the front panel of the built-in radio (cassette deck, CD, DVD player, etc.) in a safe place when car is parked. <}100{>The Lessee shall pay all damage (theft, damage, etc.) to the Lessor arising from a failure to use the documents, key and safety devices or equipment of the vehicle. In the case of losses when the insurance company resorts to deductions while paying damages or does not pay damages at all, the Lessee shall be obliged to pay the unpaid amount. If, due to the damage caused by the Lessee, the Lessor cannot have the car repair within 30 days, the Lessee shall pay the Lessor 150% extra of the rental fee in addition to the deductible. The Lessee shall pay the Lessor the amount of the damage in the form of a deposit in respect of the payment obligations arising from the cases of insurance which have not been qualified by the authorities or acknowledged by the insurance company and have not been paid within 30 days of their occurrence. When the case is closed, the deposit shall be accounted and the Lessor shall repay the difference to the Lessee. The Lessee acknowledges that the vehicle insurance policy does not cover the goods transported in the luggage compartment of the vehicle. The excess of the third party insurance is 20% but at least HUF 100.000.- which to be paid by the Lessee. The damage administration fee is HUF 5.000.-+ 25% VAT.

15. The Lessee may only use the car on Hungarian territory. The Lessee may take the car abroad only with the Lessor's prior written consent, provided it stated its intention to do so at the time of concluding the rental contract. The Lessor may refuse permission to take the car abroad without offering an explanation. The Lessee acknowledges that the incidental technical breakdown service may be late proportionately to the given distance and that it shall pay any and all costs arising in connection with the rescue to the Lessor. At the Lessee's request, the Lessor shall issue a permit for crossing the border only in respect of the following countries: Austria, Slovakia, Slovenia, Croatia and the Czech Republic. The Lessee acknowledges that for countries other than the above, for the other member states of the European Union, the Lessor shall issue a permit for crossing the border only if the Lessee undertakes full financial liability.

16. In the event of an accident resulting in personal injury, theft or break-in, the Lessee shall request police action and initiate proceedings. If the person involved in the accident is a foreign national, police action must always be taken. The Lessee shall hand over to the Lessor 1 (one) copy of the report made by the police.

17. The Lessee shall promptly inform the Lessor of any technical failure occurring during the proper use of the car and of any accidents, and – as may reasonably be expected – the Lessee shall ensure the safe placement of the car at the Lessor's expense. Should the car become temporarily unusable because of the accident suffered, the Lessor may decide to provide another car in exchange, the incidental costs of which shall be borne by the Lessee.

18. The Lessee shall not be entitled to carry out any repairs or have them carried out without the Lessor's consent – with the exception of the fluid level refills necessarily accompanying proper operation and the troubleshooting indispensable for continuing (e.g. oil refills, prevention of flat tyres, change of windscreen wiper arms or rubbers). All costs and risks in this respect shall be borne by the Lessee. The Lessor shall repair the defect as soon as possible after the report made by the Lessee. The Lessor shall not be responsible for damages arising from the injuries or defects of the car. The Lessor shall bear the costs of the permitted troubleshooting against an invoice issued to the Lessor's name but not exceeding the amount of HUF 5,000+VAT.

19. The Lessee shall report the breakdown of the kilometre indicator to the Lessor without delay. If it fails to report this or the seal or lead stamp of the kilometre indicator is damaged or the counter is eliminated or switched off in any way, the Lessee shall pay the fee for unlimited kilometre performance for the entire duration of the rental.

20. The Lessee shall present the car for inspection at the business location of the Lessor when the kilometre indicator reaches the number determined at the time of concluding the contract but at least once a month. Should the Lessee fail to fulfil this inspection obligation, it shall pay the regular daily category fee of the given car for every 100 km commenced above the limit and shall also bear any and all damage caused by the excess. The Lessor shall provide the Lessee with a replacement car in place of a car returned for inspection if the inspection takes more than 6 hours, provided that the Lessee reported its visit for inspection at least 72 hours earlier.

21. The Lessee shall refuel the car with a fuel of the prescribed quality (octane number) and shall request a receipt/invoice for each refuelling at the filling stations. It shall pay the costs of all damage arising from the use of improper fuel (change of fuel, repairs, etc.). If, upon returning the vehicle, the fuel level is lower than the amount recorded at the time the vehicle was rented, the Lessee shall pay, in addition to the cost of the missing quantity of fuel, a service fee of HUF 5,000 + VAT to the Lessor.

22. The Lessee shall use and treat the car, its accessories and other documents with the utmost care and it shall always keep the registration certificate and the keys of the car with it. In the event of theft, the Lessee shall pay the Lessor for all damage the insurance company fails to compensate the Lessor for after the theft is reported, e.g. the original key, the alarm switch or the registration certificate cannot be produced. In the event of losing the ignition key, the registration certificate or the registration number, all costs arising in connection with the replacements shall be borne by the Lessee.

23. The Lessee shall have the right to use Hungarian motorways driving cars of category "A" (Chevrolet Spark) – category "E" (Opel Zafira 1.9) as long as the applicable fees are paid to the Lessor in accordance with the rental contract.

24. The Lessee shall return the car at the time of expiry at the place and date specified in the contract and during the opening hours of the shop, together with all accessories received, in the same condition as received (with the exception of normal wear and tear), of which a "Return Condition Sheet" shall be filled in. Should the accessories of the rented car be missing at the time of return, the Lessee shall be obliged to pay the value of the same. If the Lessee returns the car late, it shall pay the rental fee of 1 (one) day for each commenced day. If the Lessee returns the car in the dirty inside condition exceeding the average he has to pay 40 EUR, and if it is dirty by pet hair, road mud or poured liquid 80 EUR + 25% VAT is to be paid as an extra cleaning fee.

25. If the Lessee receives or returns the car at a place other than the Lessor's business location, it shall pay the current fee of transport and return transport at the expiry of the contract, unless otherwise agreed.

25. Extra costs shall be incurred costs if the car is handed over or returned outside the opening hours of the shop (i.e. between 6 pm and 8 am). In such case, the Lessor may charge an extra fee (determined in the contract) to the Lessee on each occasion. The Lessee may return the car only to the employees of Bér-Elek Kft. and may not leave it in repair shops, at airports, at hotel receptions, with third persons, etc. Otherwise the entire risk of damage shall be borne by the Lessee (for the car left in hotels, at airports, in the car park of railway stations, etc.).

26. By signing this contract the Lessee undertakes full liability for offences (speeding, irregular parking and other offenses) committed during the rental term and for payment of parking fees, and it acknowledges that the costs of the above shall be borne by it and it shall pay these amounts to the Lessor against an invoice; furthermore, it agrees to hand over its data in connection with police and other misdemeanour proceedings, and allows that the amounts of penalties and parking fees – increased by any administrative costs – can be charged to its debit and/or credit card at any time (even subsequently) without its specific consent. The Lessor shall have the right to collect from the Lessee the fines for offences or parking fees and charge HUF 2,000 + 25% VAT as an administrative cost. The Lessee acknowledges that in the event of renting the vehicle using a pre-paid voucher issued by the Lessor’s contracted partner and the partner failing to pay the rental fee within 15 days after the invoice is issued, the Lessor shall have the right to collect the full rental amount at any time later from the Lessee’s debit and/or credit card.

27. The Lessee represents that it has not been convicted for crimes against property and is not indicted under criminal charges.

28. The Lessee acknowledges that the Lessor is the operator of the cars specified in the contract and is entitled to operate, rent and sub-rent them as the agent of the owner.

29. The Parties shall endeavour to settle any disputed matters arising from the rental contract through negotiations. Should negotiations fail, the Parties agree that, depending on the amount in dispute, the Pest Central Districts Court or the Metropolitan Court of Budapest shall have jurisdiction to settle any disputes by applying the laws of Hungary.

30. The Lessee hereby agrees that the Lessor may photocopy its personal documents; therefore the Lessor agrees that it shall treat these documents in confidence, shall not disclose the data to any third persons and shall destroy them within one year of the termination of the contract.

31. Questions not regulated in this Contract shall be governed by the law currently in force, in particular by the provisions of the Hungarian Civil Code (Act IV of 1959) on the lease of objects. The Lessee states that it has read the contract in English/Hungarian carefully and has understood and taken cognisance of it, after which the contracting parties sign the contract in approval, as fully corresponding to their intentions.

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