This General Terms and Conditions (hereinafter referred to as 'GTC') of the Agreement regulate the general conditions that guide the activity pertaining to the rental of cars and heavy duty vehicles by CRGroup s.r.o. Branch Office in Hungary (1. Rákóczi út 1., tax number: 27316432-2-02, company registration number: 02-09-084869, email: firstname.lastname@example.org) as Owner and the natural person or legal entity Renters, as well as the rights and obligations arising between Owner and Renter as a result of the Agreement.
Renter, by using the services of Owner by means of a rental agreement, acknowledges their mandatory compliance with the conditions stated in the GTC and the regulations of the GDPR, and both these constitute an inseparable part of the individual Rental Agreement.
This GTC is made in both the Hungarian and English languages and is valid until revoked. In cases of legal interpretation issues, the Hungarian language version is the governing source.
- The use of the services of Owner The Car Rentla Agreement is realised by signing the indivudal Car Rental Agreement, the Objective Statement of Responsibility, the Handover statement, or in cases where it is necessary, by the issuance of a Border Crossing Permit. The rental legal relationship is realised only in case an appropriate amount of security deposit is paid and valid Personal ID Card and Address Card have been presented. In case of a legal entity Renter, the rental agreement is realised after the entitlement of the representative of the Renter legal entity has been verified. The special conditions of the Car Rental Agreement are determined, in all cases, in the individual agreements. The prices shown on the Website are only informative values.
- The conditions of driving a vehicle and the liabilities of the permitted car driver
The vehicle can be used only by a person indicated by name in the Car Rental Agreement who has reached 21 years of age at the time of the start of the vehicle use, furthermore, who has a valid driver's licence which was acquired at least one year prior to this date. Renter is not permitted to concede the driving rights to any person not indicated by name in the Car Rental Agreement. Renter and the permitted driver are liable to use the vehicle with due care and in accordance with its intended use, and the accept the obligation to complay with all the laws, decrees, all other effective legal regulations and policies. It is strictly forbidden to transport any hazardous material with the vehicle. Renter and permitted driver are liable to carefully protect the vehicle from theft and other kinds of damages. During the rental period the fuel and fuel additive charges are borne by Renter. In case the rented vehicle is returned with a fuel tank not fully filled, Owner is entitled to charge Renter for the missing amount of fuel, the charges are specified in Appendix 1. of GTC. In case of non-compliance or breach of this appendix or the provisions specified in the Car Rental Agreement , Owner is entitled to take the vehicle back into their posession without prior warning. The Vehicle can only be used by a person who is indicated by name and recorded in the Car Rental Agreement, who has reached 21 years of age at the time of the start of the vehicle use, furthermore, who has a valid driver's licence that was acquired at least one year prior to the start of the use. Renter and User are not entitled under any circumstances to:
1. concede the driving rights to a third party without prior written consent by Owner.
2. participate in any race, competition or other similar events with the Vehicle
3. use the vehicle for business purpose passanger transport or to subrent the Vehicle
4. drive the Vehicle under the influence of alcohol or any other substance that may negatively influence the driving abilities, or to drive the Vehicle in a condition that is not suitable for driving a vehicle.
5. For any consequence arising from a use that violates the agreement, Renter or User shall be fully liable.
6. Renter or User is liable to reimburse Owner all the fines, penalty fees, surcharges, including unpaid parking fees and highway tolls not paid by Renter or User that are imposed by the Police or other authorities and that arose during the rental period. Owner charges an administration fee specified in Appendix 1. of the GTC for each request by the authorities. All official and administrative procedures belong to the sphere of liabilites of Renter. All charges arise in connection with these are to be paid by Renter. In case Renter does not agree the fine imposed by authorities or administrative bodies, Renter may file their complaint at the competent official organisations in accordance with the pertaining procedural regulations, but the occuring additional proceedings shall have no effect on any identification of Owner by Renter for the damages occuring during this period, Renter is liable to compensate Owner for these damages fully and without delay. With respect to the Rental Agreement and the GTC, when their provisions refer to Renter, as a result of the nature of the particular liabilites, the mentions of Renter also refer to the permitted driver. Renter is responsible for the behaviour of the permitted driver to the same extent and in the same way as if Renter, himself or herself acted. Owner is entitled to enforce any claims arising from the rental agreement directly towards Renter independently from who was the driver at the given time.
- Crossing the country borders with the vehicle
For taking the vehicle outside the area of Hungary in any way or by any means, Owner's prior written consent is required. Without this consent, the vehicle must not be used outside the are of Hungary. The costs of border crossing permit is regulated in Appendix 1. of the GTC. All costs and charges arising in case of the use of the vehicle outside Hungary, including, highway and tunnel tolls, ferry fares, parking fees and any other fees are borne by Renter. Owner is not liable to provide prior information with regard to these fees. For the full duration of the stay abroad, Renter assumes full legal responsibility. Renter is liable to comply with the laws and regulations of the particular country. Owner grants the vehicle user permit statement that include official proceedings in the foreign country.
In the interest of preventing damages to the vehicle, Renter is liable to ensure that the load is appropriately secured. Loading and unloading must be done with the highest possible care and without any damages to the vehicle.
- The duration of the rent and returning vehicle
Renter is liable to return the vehicle to Owner in a condition identical to the condition at the time of the handover. The return is to be executed at the site, time and date specified in the Rental Agreement. All incidental damages to the vehicle sall be recorded at the time of return on the handover form. In case the vehicle is returned before or after the opening hours of the given site, Owner may charge extra fees based on Appendix 1. of the GTC. Renter or the permitted driver, together with the representative of Owner thoroughly inspect any incidental damages found or have occured at the time of the handover/return and they jointly record these on the handover form. In case the take over or the return of the vehicle by Renter takes place before sunrise or after sunset, Renter waives this right and gives their consent to Owner to execute the inspection in proper dayligt conditions. The supplementary protection/Excesses included in the rentale fee includes, in all cases, a special service package that does not qualify as a mediated insurance service under any circumstances. The Excesses are not mandatory parts of the agreement, the rental agreement is valid without this supplementary service.
- Conditions of payment
The rental legal relationship, in case of on-site, non-cash payment, can only be realised by means and use of a debit/credit card issued with the name of Renter. The vehicle can be taken over only after the security deposit and the rental fee specified in the individual agreement have been paid. Upon return of the vehicle Owner is liable to release the security deposit in case no damages have occured to the vehicle and Owner has no other claims toward Renter.
- The occurence of damages
In case any failure, operational error or damage of the vehicle occurs, Renter is liable to contact Owner in the shortest time possible and proceed according to the instructions given by Owner.
- The responsibilities of Renter and the permitted driver
Based on the takeover constructions, the responsibilities are the following:
- liability insurance, supplementary protection/excesses and with no anti-theft protection: Renter, based on Appendix 1. of GTC is liable to pay for the occuring damages up to a specified amount. In case of theft, Renter is liable to pay the full purchase price of the vehicle.
- with liability insurance, with supplementary protection/excesses, with no anti-theft protection, the deductable in case of damages to the body of the vehicle is reduced to 0%, in all other cases, Appendix 1. of the GTC shall apply. In case of theft, Renter is liable to pay the full purchase price of the vehicle.
- with liabilty insurance, with supplementary protection/excesses and with anti-theft protection, the deductable in case of damages to the body of the vehicle is reduced to 0%, in all other cases, Appendix 1. of the GTC shall apply. In case of theft, Renter is liable to pay up to 10% of the purchase price of the vehicle in case Renter presents the keys and documents of the vehicle.
If Renter is unable to present the keys and the documents of the vehicle, Renter's liabilty extends to the full pruchaseprice of the vehicle. The liabilites of Renter and the permitted driver extends, in all cases, to the damages occuring to the interior and package compartment of the vehicle, as well as to the damages arising as a result of improper fueling or improper use of liquids.
- Special liabilites of REnter and permitted driver
In case of accident or theft, Owner is to be contacted via telephone without delay. Following the notification doen vias telephone, a written account of the events must be submitted to Owner in the shortest time possible. In case of theft, abuse to or stealing of the vehicle, Renter is liable to file a police report and send the generated documents to Owner. In case of a traffic accident, the legal obligations with regard to the procedures to be followed must be strictly observed.If the accident resulted in personal injury, the scen of the accident must not be left. Renter possesses no right to make an agreement, must not make an acknowledging statement that could involve aggrievance to Owner. Owner issues invoices for each event of damage with administration fees specified in Appendix 1 of the GTC in case the damage is culpably caused with the involvement of Renter or if no responsible third party involvement can be established. In case any damage occurs and and dispute arises with regard to the measure of the deductable that applies to Renter in accordance with the individual rental agreement, Renter gives expressed consent to Owner for acquiring an impartial expert opinion that is customarily used and recommended. All costs arising in relation to this are borne by Renter. In case of any such use of the vehicle that violates the agreement, Renter and/or the permitted driver is fully liable for all consequences resulting from their conduct.
10. Data protection
Primarily, the rights and liabilities specified in the individual Rental Agreement shall apply with the amendmnt that, in accordance with the effective laws of Hungary, the special cases affecting the service activity must be taken into consideration and in such cases, the actions taken must always be in accordance with the effective legal regulations. The General Data Protection Regulations are included in the Data Protection Policy presented on the website: www.elyxrent.com.
11. The site of performance and legal competency clause
Parties hereby agree that the site of performance in accordance with this agreement is primarily Pécs, Hungary, but in all cases, the handover and take over site specified in each individual agreement. With respect to this agreement the governing law is the Hungarian law, any legal dispute is to be settled by the competent Hungarian court. This provision is also to be applied in claim adjustment/idemnification cases filed against Renter and permitted driver. Permitted driver, as Co-renter, hereby declares that they are given permission by Renter to make the agreement with regard to the site of performance and legal competency. Permitted driver confirms this by signing the agreement on the first page.