Hourly Rent General Renting Conditions

 GENERAL RENTING CONDITIONS – „HOURLY RENT”

EUrent Autókölcsönző Kft (hereinafter referred to as EUrent) rents to Renter the car described overleaf with the following terms and conditions, and with the tariffs described overleaf:

1.)      Renter shall observe all domestic and foreign rules and regulations, including the traffic and parking regulations, and shall be fully responsible for this.

2.)      Renter shall use, manage and preserve the car and its accessories in accordance with the model-specific User Manual with due care. Renter shall bear full financial responsibility in case of any damages due to the non-observance of this requirement. Renter shall manage the documents handed over to him/her with due care and to prevent them from damage. Renter shall protect the car used by him/her against theft by all means available to him/her, so he/she shall lock it when not in use (even for the shortest period), shall turn on the car alarm system, shall not leave valuables in the car, shall park the car in a guarded place, if possible, and shall act with due care when leaving the car alone.

3.)      The car may only be driven by the person(s) indicated in the Contract (and any Attachments).

4.)      The rented car must not be:

-            rented out or borrowed, or to allow it to be driven by person not listed in the Contract;

-            used for load transport, except for small commercial vehicles;

-            used for racing or for preparing to races (training);

-            used for towing other vehicles (except when EUrent has rented it expressly for the purpose of towing;

-            used if the coolant is frozen or the engine oil is lost; or in the event of any other major operational failures

-            driven under the influence of alcohol, drugs or narcotics, or allowed to be driven by a person under the influence of such drugs;

-            taken abroad without EUrent’s approval.

5.)      Renter shall pay full compensation up to the value of the car in case of breaching Paragraphs 1-4. of these General Terms of Rent or in the following cases:

-            neglectful or unprofessional operation or overloading of the car;

-            neglectful guarding, storing or leaving of the car;

-            in case of a lorry the overloading of the load area or damages to the load area;

-            any damages to the car occurring during the rental period, if such are not insurance risk materialisations;

-            any loss of parts or accessories;

-            in case of Renter fails to report immediately any failure of the odometer to the renting office;

-            any damages resulting from failure to lock the car before it was left alone or from parking it without observing all relevant regulations.

-            renter shall be responsible for all theft or partial theft damage to the car, its parts or accessories if Renter has left in the car any keys or documents of the car, or any documents suitable for proving to the authorities the car’s ownership or Renter’s right to use it;

-            any act or behaviour of Renter or his/her contributor that will exclude or limit the insurer’s payment for the damages.

6.)      The motor vehicle has a casco cover. In case of any accidents due to own fault, the rate of liability for damage of Renter shall be adjusted to the excess as part of the risk division between the parties, amounting to 10% of the gross value of the damage (according to an invoice about repair, or to Audatex calculation), but at least to HUF 60.000 per incident.  In case of windscreen damage the excess rate is HUF 35.000. In case of a write-off of the car, the rate of liability for damage of Renter shall be 10% of the gross purchase price of the motor vehicle (based on the purchase invoice). The rate of the liability for damage depends on the insurance excess redemption (CDR). Such insurance excess redemption does not extend to damages to the roof, the tires, the wheels, the bottom plate and any parts below it, the external mirrors, the antenna and the interior of the car, for which Renter shall be responsible to pay full compensation independent of the amount of the excess. Renter shall be obliged to pay an amount equivalent to the rate of liability for damage – as part of the risk division by the parties – if the vehicle is stolen, even if Renter acts in accordance with Paragraph 2. The management of any acts, claims, legal disputes with or against the insurer or the car’s thief shall be the responsibility of the EUrent and the related costs shall be borne by EUrent.

The failure of the insurer to provide compensation – regardless of the reason for the default on insurance administration or on paying the allowance – results in Renter being obliged to settle the amount of deductible indicated overleaf as penalty, provided Renter returns the motor vehicle slightly or seriously damaged in the time of the rental period.

7.)      EUrent shall not be responsible in any way for the damage or loss of objects or valuables placed in the car by Renter. EUrent shall not be responsible for any direct or indirect damages sustained by Renter because of a fault of the car.

8.)      The rental contract has been concluded in accordance with the tariff included in it. If parties wish to continue the rent in accordance with some other tariff then they shall conclude a new tariff in this regard. Upon the conclusion of the contract Renter shall pay a caution in accordance with the contract. This caution shall serve as a security to cover any damages caused by the Renter to EUrent. At the end of the rent the caution shall be paid back except when Renter had caused any damages or had failed to meet any of his/her liabilities. EUrent is not obliged to pay back the security until there is any open question regarding any damage liability or any other outstanding debts of Renter. EUrent shall not pay interest after the caution. In case of payment by card, an embossed card or credit card shall be accepted only if its validity period ends at least 2 months after the expected end of the period of rent.  In case of credit card payment the amount of the caution will be pre-authorised on Renter’s account with Renter’s consent on the basis of a prior permission request sent to EUrent’s accepting bank. If the caution is not used EUrent shall, upon the termination of the rental contract notify the bank in writing to release the pre-authorised amount. EUrent has no obligation related to the pre-authorised amount or any other banking matter other than initiating the release of the pre-authorised amount.

9.)      The rental fee includes the following:

-            fee of the compulsory insurance;

-            costs of all repairs (except for tire repairs), maintenances and lubricant refills, fuel costs.

10.)    Minimum period of rent is one hour. Cars may be rented during opening hours, from Monday to Friday, from 08:00 a.m. to 04:00 p.m.; rented cars shall be returned by 04:00 p.m. at the latest. A rental fee for a whole 1-hour period shall be charged after each new hour commenced. In case of renting periods exceeding 4 hours, there is an option to apply the daily fee according to the tariff table in effect at the time. Renter acknowledges that in case he/she returns the rented vehicle at the end of the rental period in a way inconsistent with the rental conditions, that is, not during business hours, then the vehicle’s status will be assessed and the contract will be closed during working hours in the workday following the vehicle’s return; Renter may be present at these occasions. Renter waives the right to contest the conclusions made in his absence about the vehicle’s status and in the contract’s closing, and acknowledges his/her obligation according to Article 6 to pay and his/her liability to pay damages for any claims determined during the status assessment in his/her absence, and EUrent is entitled to collect such amounts from Renter in ways identical to those of the collection of the rental fee, even following the termination of the contract.

11.)    Renter shall return the car at the place and time indicated overleaf in the “Agreed place and time of returning” heading, during regular working hours, in a condition identical to the receipt condition except for normal wear. If Renter had used the car in a way that is contradictory to this contract or had returned it in an unnaturally soiled state he/she shall pay for all related costs and damages. If Renter intends to continue using the car this intention shall be communicated personally to EUrent at least 30 minutes before the expiry of the rent, with the payment of any necessary caution. EUrent is not obliged to extend the rent. If Renter breaches the rental contract or if Renter fails to return the car within 24 hours from the time of expiry of the rent without a good reason EUrent is entitled to terminate the contract immediately and/or to take back the car from Renter, using force, if necessary. Similarly, EUrent is entitled to terminate the contract and take back the vehicle from Renter if Renter fails to settle his/her outstanding debts towards EUrent in spite of EUrent’s written notice. Parties agree that if Renter does not return the car used by him/her within 24 hours from the expiry of the rental contract and fails to extend the rental contract or fails to provide a good reason for his/her delay then EUrent may rightfully think that Renter had committed the crime of speculation in violation of the Civil Code of Law and EUrent is entitled to report him/her to the police or to have the car searched for. EUrent may do the same if there are other circumstances that serve as a suitable basis for his suspicion. In case Renter uses the vehicle owned by EUrent to commit illegal crimes by e.g. smuggling illegal products (cigarettes, alcohol, etc.) to abroad or to Hungary, and the competent customs authority or any other competent authority (hereinafter together referred to as: authority) seizes the vehicle, this constitutes such a material breach of contract on the Renter’s part which terminates the contract automatically. The contract shall terminate on the day when EUrent receives the authority’s resolution ordering the seizure. In case the authority ordering the seizure releases the vehicle from seizure, Renter shall not be eligible for further use of the vehicle. In case the authority does not release the vehicle from seizure but sells it, then Renter shall pay full damages (up to the value of the vehicle) to EUrent.    

12.)    When the odometer reaches the value indicated in the “Revision” heading of the contract Renter shall have a technical revision performed on the car at the place and time indicated by EUrent. If the revision is delayed or omitted Renter shall pay to EUrent HUF 50,000 if the extra distance covered does not exceed 500 km, and a further HUF 1000, as penalty, after every further 100 km commenced.

13.)    In case of a technical fault and/or accident:

-            Renter shall ask for the proper measures to have the car repaired:

• in Budapest, during opening hours, from Monday to Friday, from 08:00 a.m. to 04:00 p.m., at the phone number of the City office (+36-1-505-4400), or
• outside the opening hours, on weekends and public holidays , at the phone number of Europcar Assistance (+36-1-236-7566).

-            EUrent Kft. has ho opportunity to provide a replacement car during the period of rent.

14.)    In case of an accident where anyone was injured or when material damages occurred Renter shall call the police. If the car is broken into, vandalized or stolen Renter shall report it to the police personally and shall hand over one copy of the relevant document (report, confirmation sheet, etc.) at the renting office. In case of an accident Renter shall continue to act with due care, shall do everything in order to clarify the case, shall try to obtain all possible data of the persons/vehicles involved in the accident (e.g. vehicle license plate number, name and address of the owner/driver, name and address of the witnesses, site drawing, perhaps photographs). Renter has no right to agree in settlement and may not make any admitting statements against EUrent.

15.)    All traffic events related to the car (e.g. light crashes, glass damages, loss of car, etc.) shall be reported to the renting office immediately, but at the latest upon returning the car. In case of an accident or technical fault Renter shall – after prior agreement, at EUrent’s cost – ensure the car’s safe placement and guarding.

16.)    Renter is obliged to inform EUrent about each and every events related to parking offences committed with the rented vehicle (imposition of traffic fine, demand for payment of additional parking charge, etc.), as well as about traffic offences committed by him/her and events subject to administration penalty. Renter accepts and expressly approves that EUrent shall be entitled to collect from Renter the expenses arising from possible parking offences committed by Renter (fines, additional charges, etc.), as well as possible administration penalties, on a way similar to the collection of rental fee, also after the expiration of the rental period.

17.)    Renter agrees that his/her data will be managed by EUrent within the scope of the law and if necessary, - when administrative penalty is imposed, parking fees, and/or additional parking charges are to be collected or data of a traffic offender are requested by the authority – be provided for the competent party.

18.)    The rental vehicle possesses electronic permission valid for the motorways in Pest county.

19.)    In case of high value damages caused by Renter, write-off, theft or an accident caused by Renter where the repair costs exceed HUF 500,000 EUrent reserves the right to charge a 10 percent own risk or a rate of liability for damage – based on the repair invoice or the insurer’s settlement, or on an Audatex calculation, or purchase invoice – to Renter even after the rent was closed. In the cases indicated above, the value of the car to be considered as the basis for calculating the own risk and the rate of liability for damage, respectively, means the gross purchase price of the car.

20.)    Renter accepts the calculated data and shall pay any difference in case of an eventual subsequent correction. In the event of any delay in Renter’s payment to Eurent, Renter shall pay to EUrent the default interest according to Act V of 2013 on the Civil Code and, if Renter is a commercial entity, also a EUR 40 collection flat charge. EUrent may derogate from the settlement sequence provided by the Civil Code.

21.)    EUrent is entitled to sell not only its own services but also the services purchased by EUrent in an unchanged form, as mediated services.

22.)    For all matters not dealt with in this Contract the regulations of the Civil Code of Law shall apply. In case of legal disputes Parties accept the exclusive authority of Budapest II and III District Court.

23.)    Parties have read and understood this Contract and have signed it as one meeting their intentions fully. By signing this Contract Renter accepts the legal consequences arising from the Contract and acknowledges taking over the contracted car with all accessories required by Hungarian regulations, a full gas tank, completely filled with coolant and lubricants.