GENERAL BUSINESS TERMS AND CONDITIONS
Fox Autorent Kft (hereinafter the "Lessor") hereby leases out to the personor persons who signed a lease agreement and the present general business termsand conditions adjunct thereto in the capacity of a lessee and / or driver (hereinafterthe "Lessee") and the Lessee hereby leases the motor vehicle specified in thelease agreement (hereinafter the "Leased Motor Vehicle"), under the followingterms and conditions
I. General terms and conditions
1. The contracting parties mutually undertake to comply with the provisionsof the lease agreement and the general business terms and conditions adjunctthereto.
2. Subsequent to delivery, the Lessee shall present any and all complaints tothe Lessor.
3. Any declaration concerning the lease agreement may be validly made exclusivelyin writing, except the cases where the lease agreement or the general businessterms and conditions adjunct thereto provide otherwise.
4. Should Lessee include any false data into the agreement or fail to complywith the provisions of the lease agreement, Lessor can terminate the agreementwith immediate effect. Lessee is fully liable for the related damages and Lessorhas the right to take back the leased vehicle without any further notice andreport 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 holdsa valid driving licence.
2. The Lessee shall be prohibited from driving the Leased Motor Vehicle underthe influence of alcohol or narcotics. It is also prohibited to commit any crimeand 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 LeasedMotor Vehicle shall be subject to the written consent of the Lessor.
3. Lessee is prohibited from entering the leased motor vehicle for sports eventsand/or test purposes and towing other vehicles. Furthermore, Lessee is prohibitedfrom using the leased vehicle for transporting persons or goods on professionalpurposes.
4. Lessee is obliged to abide by the domestic and related foreign regulationsof the Highway Code (KRESZ).
5. Lessee is obliged to use the leased motor vehicle by the generally expectedcarefulness. 6. Lessee shall bear all costs related to the use of the leasedmotor 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 onthe other side of the contract.
2. The minimum term of the lease shall be 24 hours. In the case of any delaylonger than 3 hours Lessee shall charge an additional total daily fee.
3. Lessor shall lease the leased motor vehicle, its documents and necessaryaccessories at the starting time of the lease to Lessee. At the time of deliveringthe leased motor vehicle the Condition of the Motor Vehicle document shall befilled in and signed by the contracting parties.
4. Lessor shall fulfil the contract by expectable carefulness but Lessor isn'tliable for delays in delivery and returns of cars or fails in leasing.
5. The Leased Motor Vehicle, its accessories, the equipment belonging theretoand the documents thereof shall be returned after the expiry of the contractedterm of the lease, in the branch of the Lessor or any other place specifiedin the lease agreement, with full tank, in clean and fair condition. At thetime of returning the leased motor vehicle, parties shall record the possibledamages caused to the car and deficiencies in the Condition of the Leased MotorVehicle document. Lessee is liable for damages and deficiencies recorded inthe Condition of the Leased Motor Vehicle document (e.g. number plate, ignitionkey, etc.) even if Lessee is not present at the returning of the leased motorvehicle (doesn't wait for the checking up procedure of Lessor) and is unableto sign the Condition of the Leased Motor Vehicle document upon returning thevehicle.
6. Lessee shall receive the leased motor vehicle with a full tank and must returnit with a full tank. In the event of not a full tank, the missing quantity willbe calculated by Lessor estimation and Lessor has the right to make a chargefor filling up.
7. The Lessee shall request the written approval of the Lessor for the lengtheningof the term of the lease 24 hours prior to the expiry of the original term ofthe lease, and the Lessee shall, at the same time, pay an additional fee forthe lengthened term of the lease.
8. In the case of a non-approved use after the contracted term of the leaseor the unilateral or other termination of the lease agreement, the Lessee shallpay to the Lessor an amount equal to the twice of the fee of the lease to theLessor, 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 andall 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 (comprehensiveinsurance) insurance becomes invalid and Lessee must pay for the total costof incurred damages. The Lessor shall have a claim for compensation if the Lesseedoes not return the Leased Motor Vehicle after 24 hours reckoned from the expiryof the term of the lease at the latest. The Lessee shall reimburse the Lessorany and all costs arising from the delay (e.g., those of the discovery and transportationof the Leased Motor Vehicle).
10. In the event of a not agreed delayed return of the motor vehicle Lessorshall report it to the police.
IV. Insurance
1. The fee of the lease to be paid by the Lessee shall include the fee of themandatory liability insurance required by the laws of Hungary.
2. Lease fee only includes CASCO insurance covering crash damage and theft ifit is explicitly indicated in the lease contract. In this event, in the caseof crash damage or theft, the Lessee shall be liable only up to the specifiedamount, unless otherwise stipulated in the contract. The amount of compensationfor crash damage and theft is included in the lease contract. If the leasingfee doesn't include Casco insurance, Lessee is liable to pay for the total amountof 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 deceivingdata, the Lessee shall be liable for all damages, especially but not exclusivelyin 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 vehicleif he holds a correct completed Accident Report document of European standardwhere the raiser of the accident acknowledges his blame and authenticates itby his/her signature. In this event, Lessee shall not be liable to costs inthe related accident. (the procedure to be carried out in relation to an accidentis described under item 5)
5. Damages to the wheel, tyres, windows, windscreen (stone chipped), passengerand load compartment of the Leased Motor Vehicle that do not arise from an accidentare not covered by the CASCO insurance. Therefore, Lessee shall be fully liablefor such damages.
6. If the Leased Motor Vehicle is left for any short period of time, the Lesseeshall take away the portable auto radio or, as the case may be, the face sideof the auto radio if it can be removed, as well as it shall take care of thatno valuables remain in the Leased Motor Vehicle. If Lessee fails to do so Lesseeshall be liable for all damages caused by damages to the leased vehicle andthe Casco insurance shall become invalid.
7. Lessee is fully liable in the event of theft if he did not return the trafficlicence and the original key to Lessor or copied the original key of the leasedvehicle without the approval of Lessor. In the event of compensation originatingfrom 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 theleased 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 shallimmediately inform Lessor who shall arrange the change of the lock and obtainnew ignition keys. All related costs shall be covered by Lessee.
9. In the event of crash damage or damage to the leased vehicle, the amountof 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 happento 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 damagedvehicle to the offices of Lessor. (towing, transporting car, etc.).
V. Conduct of the Lessee in the Case of an Accident or an Event ofDamage
1. The Lessee (or the authorized driver) shall directly notify the Lessor andthe police in the case of an accident or an event of damage or theft and havethe name and address of the concerned parties, the originator of the accidentand the witnesses recorded in minutes.
2. The issuance of a declaration about the damage shall be subject to the approvalof the Lessor. It shall always be the Lessor who may initiate the necessarymeasures serving rescue or repair.
3. In the event of an accident in Hungary, an Accident Reporting document ofEuropean standard, correctly completed and signed by both parties, where thefaulty (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 isnot the Lessee), and the police minutes are required.
5. The Lessee shall make a detailed report on the accident for the Lessor withoutdelay. 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 managementwithin 24 hours from the event of damage, it shall be liable for damages arisingfrom 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 MotorVehicle, 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 theLessee (or the driver) notifies the Lessor of such repair works via telephone.The Lessee shall have the possibility to have the Leased Motor Vehicle repairedor to have spare-parts exchanged up to a limit of HUF 5000 without the specificverbal consent of the Lessor. In the case of the exchange of spare-parts, theLessee shall hand over the exchanged old spare-part to the Lessor; otherwisethe Lessee shall bear the costs of the repair works.
2. In the case of a breakdown of the kilometre indicator, the Lessor must immediatelybe notified thereof, and the repair thereof shall be made in the nearest servicestation without delay and, at the same time, it is necessary to settle the useof the kilometres. In the case of a breach of these provisions, the Lessor shallcharge 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 Lesseeshall check the cooling water and the motor oil gauge, and shall indicate anyproblem to the lessor in relation to them as well as to the gearbox oil. Damagesarising 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 necessaryfor the maintenance required by the manufacturer. Lessor notifies Lessee ifthe leased motor vehicle reached the mandatory service interval the exact dataof which is indicated in the "Vehicle State document" belonging to the leasedvehicle. 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 serviceinterval, Lessee must get information on this from the dispatcher service ofLessor.
5. The Lessee shall be fully and unconditionally liable for damages in the caseof 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 LeasedMotor Vehicle under the influence of alcohol, narcotics or other material capableof inducting twilight sleep, or if the Leased Motor Vehicle was not driven bythe person specified in the lease agreement, or, further, if the damages occurredduring towing another motor vehicle.
2. The Lessor charges to the Lessee the damages and related costs caused bythe 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 LeasedMotor Vehicle.
4. The Lessee is obliged to use the leased motor vehicle by its intended purposeand 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 agreementand the general business terms and conditions adjunct thereto shall be signedon behalf of the Lessee by duly authorized person(s), or person(s) with properwritten authorization. In the absence of these, the signatory shall bear fullliability 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 inadvance, unless otherwise stipulated in the lease agreement. Lease and otherfees are included in the Lease agreement.
2. Lessee acknowledges and accepts that by signing this contract Lessor mayenforce its claim by requesting the issue of a prompt payment order (on thebank account or credit card used as caution money for the leased car) and Lesseeirrevocably authorizes Lessor to issue a prompt payment order.
3. Lessee may have the following payment obligations: a, Lease fee and otherlease-related fees. b, In the case of default or delayed lease payment the incurringcosts of a lawyer, law-expenses, collection expenses and other expenses andthe default interest which equals to the twice of the actual basic interestrate of the Hungarian National Bank. c, Expenses of delivering and returningthe 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 motorvehicle laid down in the lease agreement, and other compensatory obligations.f, Expenses of cleaning the leased vehicle inside and outside if the leasedvehicle is returned in a state dirtier than could be expected. g, Parking, tolland 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, theexpenses of refilling and the fuel. i, Any compensatory obligations of Lesseethat are not included in this agreement. j, Extra expenses to be paid for losingthe accessories and documents of the leased motor vehicle. k, Compensatory paymentfor damages originating from improper use of the leased motor vehicle or otherdamages, or from breaching this contract, at the value determined by an independentmagistrate expert or official service station of the vehicle. l, Value AddedTax and other taxes, duties that are to be paid legally by the above specifiedfees. 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 leaseand in order to communicate sales and shall not hand over the data to thirdparties, except for the exceptions laid down in the lease agreement.
2. In either of the cases where the Lessee does not return the Leased MotorVehicle within 24 hours reckoned from the expiry of the term of the lease, thecheque of the Lessee is without funds, the Lessee does not properly pay thedue fee of the lease or the data of the Lessee provided in the lease agreementprove to be false, the Lessor shall be entitled to hand over the personal datato a third person.
3. Lessee agrees and accepts that Lessor will hand over the information relatedto the lease and personal particulars of Lessee to authorities for this purpose,or to the institutes conducting legal procedures in relation to fines and othercompensatory 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. Anylegal dispute arising out of the lease agreement shall fall within the exclusivecompetence 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 ofnatural persons.
2. The contracting parties declare that should any of the relevant contractualprovisions be declared null and void, they would enter into this lease agreementwithout the null and void provision.
3. Any matter not governed in the lease agreement and the general business termsand conditions adjunct thereto shall be governed by the Civil Code (Act IV of1959) as amended.
Budapest, 01-10-2004
