Terms & Conditions

Kiss-27 Rent-A-Car (herein after the “Lessor”) hereby leases out to the person or persons who signed a lease agreement and the present general terms and conditions adjunct there to in the capacity of a lessee and / or driver (herein after the “Lessee”) and the Lessee hereby leases the motor vehicle specified in the lease agreement (here in after the “Leased Motor Vehicle”), under the following terms and conditions.

I. Rental 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 fulfill the contract by expect-able 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 exceed 24 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 term of 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 cost of 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 it by 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, tires, 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 by an 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 within 24 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 kilometer 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 kilometers. 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 plus 10%.
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 lease-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 and the 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 kilometer, 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 10 netto 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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