1.Otokoc Hungary Kft. as the sole representative of Budget Rent a Car in Hungary (hereinafter referred to as "Lessor") hereby rents out to the Renter, whose name and address are indicated in the Rental Agreement (Contract), the motor vehicle identified in the Terms and Conditions set forth in this Car Rental Agreement (Contract under the following terms and conditions):
2. The Renter acknowledges that the reserved vehicle does not necessarily match the make and model of the vehicle listed in the reservation, it serves only as a reference and the Lessor reserves the right to change the make and model of the vehicle.
3. Renter receives the Vehicle in perfect technical and aesthetic condition and shall undertake to return the Vehicle in the same condition in which he or she received it - save for the normal tear and wear - including original key and documents, all tyres, accessories, and complete equipment outfit and such as navigation system, child safety seat, snow chain or any additional equipment if rented. The Vehicle shall be returned to Lessor at the place and time specified in the Rental Agreement (with the exception if Renter requests and Lessor agrees to the prolongation of the Agreement, or if Lessor requests an earlier return of the Vehicle). Lessor shall use, operate and protect the Vehicle and its fittings according to the instruction manual of the type of the Vehicle. Renter shall protect the Vehicle in his or her care and with every available mean against theft, that is if the Vehicle is not in use, it shall be locked, nothing valuable shall be left in the Vehicle, the Vehicle shall be parked possibly in a guarded or closed area, and Renter shall take due care when leaving the Vehicle. Renter shall be held financially liable for all damages resulting from not following the above practice up to the full value of the damage sustained. By signing the Rental Agreement Renter verifies that the Vehicle was delivered in the condition specified in the Condition report. Renter is held responsible for the condition of the Vehicle as long as Lessor or the person designated by Lessor has not officially taken over the Vehicle. Smoking is prohibited in the vehicle.
4. To avoid any misunderstanding Lessor highly recommends Renter to take a photo of the fuel gauge and exterior of the car at the time of pick up.
5. The name on the booking is the Renter, Primary driver and the Cardholder. If the name on the Reservation needs to be changed, extra costs will apply as the person on the Reservation is required to be listed as the Primary or Secondary driver in the Contract.
6. The Renter acknowledges that the Lessor is obliged to keep the reserved vehicle for 1 hour if the reservation is made without a valid flight number and no later than the official opening hour. With valid flight number the Vehicle is reserved till 1 hour after landing, Out of office hour fee may apply.
7. The Vehicle shall be driven by aforementioned Renter, who is at least 21 years of age and in case of certain categories 25 years of age and is in possession of a valid driving license issued at least one year beforehand. The Vehicle may be driven by a person who is at least 21 years of age, or in case of certain categories 25 years of age at the time of the renting and is in possession of a valid driving license issued at least one year before rental takes place, and is designated by Lessor in the Rental Agreement as “Additional driver” and is obliged to pay the fee for that. In all events Renter is held responsible for the condition of the Vehicle during the rental period.
8. The Vehicle must not be used:
a. for renting it out to other people, unless with prior written consent of Lessor;
b. in case of technical failure or lack of liquid (motor-oil, cooling agent);
c. for giving driving lessons;
d. for moving or towing a Vehicle or trailer, unless Vehicle was rented from Lessor with the express aim of towing;
e. for driving or letting anyone drive in the state of disorientation or under the influence of alcohol, drugs, sleeping pills, hallucinogens or any other substance that may affect reaction time and consciousness or allowing another person to drive the vehicle under such circumstances / in such condition
f. for transportation in breach of customs regulations and other illegal transportation;
g. for the transportation of passengers, goods or money consignments for payment agreed on implicitly or stated;
h. in motor-car events, including competitions of any sort, training for competitions, for test driving, or any type of test course.
i. Transportation of animals.
j. Transportation of Hazardous materials and flammable substances.
9. Renter shall comply with domestic and foreign road regulations in force and as the user of the Vehicle and holder of a driving license cannot plead ignorance of these regulations. Renter expressly acknowledges and agrees that Lessor is entitled to endorse the costs related to irregular parking (fines, surcharges etc.), and any fine imposed by the public administration in the same way as the rental fee is endorsed even after the termination of the rental period. Renter accepts that his or her data will be treated by Lessor as prescribed by the laws, and if necessary, it might be handed over to the responsible authorities on request – in cases such as fines imposed by the public administration, parking tickets, surcharges, official requests in case of violation of traffic regulations.
10. Renter shall pay a minimum deposit of the damage excess specified in the Rental Agreement upon signing the Agreement and published on www.budget.hu website, which serves as a security amount for possible damages caused by Renter to Lessor and other fees such as refueling, cleaning, etc. For certain car categories Lessor keeps the right to ask for a deposit of the theft excess. In case additional insurance is purchased deposit is still required. The lessor is not obliged to reduce the deposit amount. Lessor accepts only credit card for deposit payments (debit cards are not accepted). Rental fee is charged at the time of pick up in HUF based on the exchange rate of the Hungarian National Bank. The deposit shall be returned to Renter after the termination of the rental period, except in case of damages caused by Renter or other debts accumulated by Renter. Lessor shall not be obliged to repay the deposit until Renter’s responsibility for compensation for any damages caused or other debts are not settled. Lessor shall not have to pay interest on the deposit. In case of payment by credit card, the sum of the deposit shall be blocked on the bank account of Renter with the consent of Renter based on the prior permission request submitted to Lessor’s bank. Lessor shall notify the bank about the removal of the hold in 3 working days after the termination of the rent, if the deposited amount is not used and the vehicle is returned like it was received at the time of pick up. In connection with the blocked amount Lessor shall not be held responsible for any banking administration other than notifying the bank about the removal of the block. The cost of the modification of any invoicing information afterwards is EUR 10.00.
11. Renter undertakes to pay and/or reimburse Lessor the following items as Lessor’s claims:
a. A fee calculated on a rate specified in the Rental Agreement on the basis of the rental period, considering that a rental day is 24 hours and if the Vehicle is returned with more than 29 minutes of delay, the fee for further day(s) will be invoiced;
b. In case rental fee was paid to a third party by the Renter and the third party fails to pay the rental fee within 30 days after the invoice is issued, Lessor shall have the right to collect the full rental amount at any time later from Renter’s debit and/or credit card;
c. A fee for the kilometers travelled by the Vehicle during the rental period, calculated on a rate specified in the Rental Agreement if not included in the applicable charges;
d. Insurance against physical damage and/or theft, reduction of deductible on physical damages, in case Renter made use of them according to the Rental Agreement and not included in the applicable charges;
e. Deductible and compensation according to section 24.;
f. Lost day rates incurred by any breach of section 7. and 8. according to the applicable charges described in the Rental Agreement, transportation and damage repair costs, and administrative expenses (EUR 40.00);
g. Delivery or collection fee in case the Vehicle is picked up or returned to an office other than Lessor’s or another location than specified in the Rental Agreement. In this case Renter shall pay the transportation fee of the Vehicle from the location of return to the office renting out the Vehicle – fee is calculated from depot to depot – according to applicable charges in force at the time of return.
h. Fees specified in the Rental Agreement relating to additional driver and extra equipment, such as navigation system, child safety seat, snow chain, roof rack etc.
i. Out of office hour fee, in case the car is picked up after official opening hours.
j. The cost of refueling the tank, as well as related services, in the event that the Renter chooses to return the Vehicle with less fuel than when received. The refueling charge is 2,5 EUR/liter.
k. Winterizing fee (Winter tires) between 15th of November and 15th March is included in the rates
l. Administration, handling fee for penalties EUR 40.00 per case on top of the fine’s amount (e.g. parking fine; traffic offence) and legal fees imposed by courts ensuing from the aforementioned.
m. Extra charges are the following: Loss or damage of the documents /registration certificate and/or PUC certificate EUR 100.00, license plate EUR 200.00 each, original keys up to the damage excess amount, navigation system. WIFI and Handy EUR 400.00, navigation SD-card EUR 500.00, child seat EUR 250.00, safety reflective triangle and/or emergency kit EUR 30.00 per item. In case the car documents are not returned with the car Renter has maximum 5 days to handover the Lessor otherwise charge applies
n. In the case of excessive abrasion deriving from improper usage of the motor vehicle, or special contamination – including tobacco smell, or conditions requiring disinfecting, or drapery cleaning in addition to normal interior cleaning of the vehicle and violation of section 8. i ; j EUR 60.00 is charged. For litter left in the vehicle on return EUR 30.00 extra cleaning fee applies.
o. In case it is proven that Renter did not use the fuel quality and type prescribed for the Vehicle, Renter shall pay the costs of possible damages caused thereof and that of the fuel as well
p. In case of late payment, Lessor is entitled to charge the amount with double the default interest rate of the National Bank
q. Renter shall pay all operating and other costs (fuel, parking fee, AdBlue, windshield fluid etc.) incurred during the rental period.
12. The borders of Hungary may only be crossed with the rented Vehicle with the prior written consent of Lessor. Vehicle may only be taken to countries that are listed under “Additional information” section of the Rental Agreement. Cars can be used only in European Countries. Cars cannot be taken into the following countries: Bulgaria, Greece, Turkey, Albania, Kosovo and the successor states of the former Soviet Union. In case of breach of this section of the Rental Agreement or even in case of the attempt of thereof, Lessor is entitled to terminate the Agreement with an immediate effect, and Renter is liable for all damages incurred and the cost of the return of the Vehicle to the office it was rented from. In case of breach of this section of the Rental Agreement Renter shall pay a penalty of EUR 200.00 gross on top of the cost mentioned above.
13. In case it is allowed by Lessor, the rental car can be returned at the specified location out of office hours. Renter acknowledges that the inspection of the condition of Vehicle and the termination of the Rental Agreement shall take place on the following working day after the return. Renter is entitled to be present at the aforementioned events. Renter renounces their rights to question the statements of the inspection of the Vehicle’s condition and the termination of the Rental Agreement carried out in their absence. Renter acknowledges that they are held liable for damages incurred during the rental period and established in the course of the inspection of the Vehicle’s condition. Renter shall be held responsible for compensation of the aforementioned damages as set forth in the General Rental Terms and Conditions. These costs shall be endorsed by Lessor in the same way as the rental fee is endorsed, even after the termination of the rental period.
14. Renter acknowledges that in the event that the Vehicle is returned at the termination date in another country than Hungary, - The Rental Agreement GENERAL TERMS AND CONDITIONS valid from 03. March 2020. shall be terminated within 10 days, taking the date of return into consideration, but the inspection will take place by Lessor’s appointed employee at the time of retrieval at the foreign location. Renter renounces his or her rights to question the statements of the inspection of the condition of the Vehicle and the termination of the Rental Agreement carried out in his or her absence. Renter acknowledges that they are liable for damages incurred during the rental period and established in the course of the inspection of the Vehicle’s condition. Renter shall be held responsible for compensation of the aforementioned damages as set forth in the General Rental Terms and Conditions. These costs shall be endorsed by Lessor in the same way as the rental fee is endorsed even after the termination of the rental period.
15. Lessor does not take responsibility for valuables and personal items left behind in the vehicle by Renter at the end of the rental.
16. The installation of the child seat is fully the responsibility of the Renter. Lessor cannot help in the process.
17. The Rental Agreement shall take effect according to the fees included thereof. In case parties wish to continue the renting of the Vehicle according to some other set of fees, they shall sign a new agreement. In case the circumstances of the return set forth at the beginning of the rental period do not meet the actual circumstances of the return, the rate of the rental fee may change.
18. If the Renter wishes to extend the rental beyond the term established in the Rental Agreement, Renter must notify Lessor about extension at firstname.lastname@example.org, 24 hours in advance of the expiration of the rental agreement. In this case Lessor will request additional deposit. Lessor is not obliged to prolong the Rental Agreement. In case of monthly rental, the Rental Agreement shall be renewed automatically in every 30 days without the presentation of the Vehicle.
19. In case of breach of the Rental Agreement by Renter or in case Renter has not returned the Vehicle in 24 hours following the agreed date and time without due cause, Lessor is entitled to terminate the Agreement with immediate effect and take back the Vehicle from Renter even by seeking assistance from the police authorities. Lessor is also entitled to take back the Vehicle from Renter if Renter does not cover debts, even after receiving a written statement from Lessor. Lessor is exempt from the costs of damages, responsibility and fees resulting from taking back the Vehicle, while Renter is not exempt from the rental fee and the possible costs of the taking back of the Vehicle by Lessor. Parties agree that if Renter does not return the car within 24 hours from the expiry of the rental agreement, Lessor may rightfully assume that Renter had committed the crime of embezzlement in violation of the Civil Code of Law and Lessor is entitled to report them to the police or to have the car searched for. The Lessor may do likewise if other circumstances properly substantiate the foregoing presumption.
20. In the case of road accidents resulting in personal injury or physical damage, Renter or their authorized personnel shall:
a. request the police to take measures, and file a police report in case the Vehicle was broken into, damaged, or stolen and submit the relevant document (report, certificate etc.) to Lessor’s office;
b. notify Lessor’s office of any and all events related to the Vehicle within 24 hours of the event thereof on the following email: email@example.com
c. proceed with due care, and do everything in his or her power to clarify the events, obtain all possible data of people involved in the accident (license plate number of the other Vehicle, name and address of the owner/driver, name and address of witnesses, site plan, photos);
d. Renter is not entitled to enter into any agreements, and shall not admit any responsibility or liability to the disadvantage of Lessor;
e. provide for the safety, security and protection of the Vehicle at Lessor’s cost and with the prior consent of Lessor;
f. fill out the accident report and the report form for damage claims, and send them to the address of Lessor.
21. In case of technical fault, rescue due to accident, Vehicle or mechanical breakdown Renter shall contact the Breakdown Assistance. The contact information is provided with car documents. For Roadside Assistance due to accident at Renter’s or an unknown person’s responsibility, fault or in case of flat or damaged tyre, an Assistance fee will be applied EUR 1.2 /km counted from the center of Budapest. Renter is responsible for tyre change, repair and replacement. For technical faults, Renter may find the nearest qualified service station where Renter may have the Vehicle repaired at the cost of Lessor up to EUR 40.00 without prior consent of Lessor (the amount shall be refunded to Renter on the condition that the invoice is issued to the following name and address: Otokoc Hungary Kft. H-1134 Kassák Lajos u. 19-25 Budapest – Hungary). In case of repair works described above, Renter shall ask for the parts changed in the Vehicle, keep them and submit them to the Lessor’s office no later than the termination of the Rental Agreement. If Renter fails to do so, repair costs are charged to Renter’s account. Lessor shall not be held responsible for any costs of delay resulted by any damage or technical fault of the Vehicle, or for the consequential damages directly or indirectly caused to Renter. Lessor cannot be held responsible for any other expenses that occur directly or indirectly by a breakdown, technical fault or accident. Lessor shall not be liable in any way for objects, valuables, placed in the Vehicle by Renter, or for the damages incurred in them or their disappearance. Renter must notify the Lessor in case of events mentioned in in sections 20. and 21. on the following email: firstname.lastname@example.org within 24 hours of the event.
22. Lessor does not guarantee that the category of the replacement Vehicle will be the same as the category of the rented Vehicle. In such case, Renter is not entitled to request the deduction of the rental fee. Lessor reserves the right to refuse to provide Renter with a replacement Vehicle in case the accident occurred due to Renter or an unknown third party, or the Vehicle was stolen. Lessor guarantees replacement car within 24 hours in Hungary and 48 hours abroad.
23. Renter agrees to present the Vehicle at the given place and time for the compulsory technical inspection. In case of a delay or omission of the technical inspection, or in case of exceeding the odometer reading as a basis for the next technical inspection specified in the Rental Agreement beforehand, Renter is obliged to pay penalty according to the following: EUR 300.00 in case of 500 km excess, above this limit, further EUR 30.00 for every 100 km commenced.
24. A compulsory insurance is included for the Vehicle specified in the Rental Agreement as prescribed by Hungarian law. Casco insurance is also included, except in cases where special terms of the reservation declares otherwise. In case of damage, Renters with an insurance from a third party or a credit card company, can be charged up to the amount of the damage excess. In case the reservation excludes Casco insurance, Renter is responsible for the total value of the damage or loss.
25. The Vehicle can be supplied with an electronic permit for an unlimited number of travels on the highways in Hungary, in case the customer pays e-toll service fee at the time of the pick-up or corporate agreement includes it.
26. In case of any accident due to own fault, unknown causer Renter is responsible up to the insurance deductible conditions of the Rental Agreement. In case any documents missing or not properly filled out (accident report, police report, declaration, copy of driving license), Renter is liable for the total value of the damage or loss regardless of the insurance type purchased. In case of theft or a write-off, Renter is liable to pay 10% of the gross purchase price of the Vehicle on the basis of the purchase invoice. In case the insurance company refuses to pay, irrespective of the cause, Renter is obliged to pay the amount of deductible specified in the Rental Agreement as compensation, in the event Renter returns the Vehicle with any new damage, or any damage incurred during the rental period. The excess depends on the Collision Damage Waiver (CDW) and/or any additional insurance (SCDW, SCDW+) purchased at the time of the pick-up. If denying the CDW, in case of breakage and theft, Renter is liable for the total cost of reparation. Insurance does not cover damages to tires, rims, antenna, door sill, roof and the interior of the Vehicle. Damages caused by the use of inappropriate fuel are also not covered by insurance. Renter is liable for the total cost of these damages irrespective of the CDW. Renter accepts calculations for breakage and theft, and in case of post-correction, shall pay the margin. Renter is liable for the total cost even up to the full value of the Vehicle even in case SCDW or SCDW+ insurance is purchased for:
a. any damages incurred in the Vehicle during rental period which is not covered by the insurance;
b. theft and partial theft if Renter loses the key of the Vehicle, the registration certificate or the document suitable for verifying the utilization right in the Vehicle for the authorities;
c. failing to immediately report the malfunction of the speedometer to Lessor;
d. any and all such actions or behavior on the part of Renter or participant that omit or limit compensation by the insurance company;
e. in case of rental trucks, damages resulting from overloading the cargo area and other damages of the cargo area;
f. in any cases listed in paragraph 7;
g. damage or failure caused by defective handling;
h. in case of clutch failure;
i. cost of towing.
27. The service is considered fulfilled when Renter returns the motor vehicle to Lessor. Issuing of the invoice concerning the service shall take place within the time limits set forth in Sections (1)-(2) of § 163 of the Act on Value Added Tax. Complaints in relation to invoices and rental shall be submitted by Renter to Lessor within 60 days following the termination of the Rental Agreement and must be sent to email@example.com. The SLA is 15 business days.
29. Lessor is entitled to sell not only its own services but also those purchased by Lessor as a service unchanged.
30. The person signing this agreement has a full and joint liability with the natural and/or legal person, institution and whose behalf he/she is signing.
31. By signing this Contract, Renter accepts all the legal consequences arising from the Contract and acknowledges taking over the contracted car with all accessories required by Hungarian regulations.
32. The parties signing the Contract fully acknowledge and accept the Agreement. To those cases that are not regulated by the Contract, the Hungarian Laws shall apply.
33. In case one or more points of the Contract becomes invalid, it does not take effect on the validity of the remaining points or the whole of the Agreement
34. For the case of an eventual legal dispute, the Parties shall appoint the exclusive competence of the Buda Central District Court.
35. The Lease Agreement has been executed in Hungarian and in English languages, in case of interpretation dispute the Hungarian version shall prevail.