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General Terms and Conditions from 01.01.2025.

H-INS-CAR Hungária Kft.

General Terms and Conditions

concluded between:

H-InS CAR Kft.
(H-1165 Budapest, Kalitka u. 2., Tax No.: 23057670-2-42)
hereinafter referred to as the LESSOR,

and

the LESSEE specified in the Rental Agreement
(hereinafter jointly referred to as the PARTIES),

at the place and on the date indicated in the Rental Agreement, under the following terms and conditions:

1. SUBJECT OF THE AGREEMENT

1.1 By this Agreement, the LESSEE rents from the LESSOR the asset specified in the Rental Agreement (hereinafter: the “leased asset”), under the financial and rental conditions set forth therein.

2. ACCEPTANCE OF THE LEASED ASSETS

2.1 The LESSEE undertakes to take over the assets for use and operation, delivered under the conditions specified in the Rental Agreement. The LESSEE acknowledges that the assets accepted for use and operation under this Rental Agreement remain the property of the LESSOR.

2.2 Upon expiration of the rental period, the LESSOR may provide a preferential purchase price for the acquisition of the leased asset, if this has been agreed in advance. In such case, the LESSEE shall have an option right to indicate the purchaser of the leased asset.

2.3 The assets specified in the Rental Agreement remain the property of the LESSOR. In the event of seizure, attachment, enforcement, bankruptcy, liquidation, or voluntary dissolution proceedings affecting the LESSEE, the LESSEE shall immediately notify the LESSOR and take all measures necessary to protect the LESSOR’s ownership rights. In proceedings initiated by the LESSEE, the LESSOR must be notified at least 10 (ten) working days prior to the initiation of such proceedings.

3. OPERATION

3.1 The LESSEE shall ensure the professional operation of the leased asset with the diligence of a prudent operator.

3.2 The permits required for operating the leased asset shall be obtained by the LESSOR. If modifications to the leased asset are necessary to obtain such permits, the related costs shall be borne by the LESSEE. Any modification to the leased asset requires the prior written consent of the LESSOR.

3.3 The LESSOR shall bear no liability for any hidden or other defects of the leased asset that could not have been identified or repaired during periodic or other inspections and maintenance carried out before the rental period in authorized service centers. The LESSOR shall not be liable for any unsuitability of the leased asset for its intended use arising from such hidden or other defects.

3.4 The LESSOR shall be entitled at any time to inspect the leased asset. If the inspection reveals deficiencies arising from improper or negligent use, the LESSEE shall repair such deficiencies at its own expense.

3.5 The LESSEE may travel abroad with the leased asset after obtaining mandatory motor vehicle liability insurance valid throughout the European Union. The administration and cost of the Europe-wide mandatory liability insurance for the rented vehicle shall be borne by the LESSOR and are included in the net rental fee specified in the Rental Agreement. Travel to other continents or delivery of the rented vehicle outside the European Union requires the prior consent of the LESSOR and the conclusion of additional insurance coverage. The LESSOR shall provide the LESSEE with a separate declaration required for crossing borders.

3.6 The leased asset cannot be subleased. The vehicle may only be used in accordance with the usage method disclosed to the LESSOR at the time of contract conclusion. In case of breach of this provision and damages or repairs resulting from improper or negligent use, the LESSOR shall be entitled to invoice and charge the full repair costs to the LESSEE.

3.7 The LESSEE may allow a third party to use the leased asset but shall remain fully liable as if acting personally.

3.8 The PARTIES shall agree in advance on the exact place and time of delivery and return of the vehicles in accordance with the LESSOR’s working schedule. In case of deviation, the LESSOR shall be entitled to pass on any additional costs incurred, after prior notification to the LESSEE’s representative.

3.9 The LESSEE shall receive the vehicles from the LESSOR clean, fully fueled, and free from damage, based on a delivery and take over report. The LESSOR shall take back the vehicle from the LESSEE in the same condition as at the start of the rental period, taking into account normal wear and tear resulting from proper use, based on a delivery and take over report. Delivery and return may only take place under suitable weather and documentable conditions.

3.10 The LESSEE is obliged to use an authorized service center appropriate to the type of leased asset and to use suitable fuel for the vehicle. Service coordination shall be performed by the LESSOR.

3.11 Regarding servicing of the vehicle, the following three options are available, the exact procedure of which shall be specified in the individual Rental Agreement:

a) The LESSEE shall bear all service costs arising during the rental period and resulting from normal use (including but not limited to engine oil changes, coolant replacement, transmission oil replacement, brake fluid refill, mandatory services, brake pad replacement under normal use, and winter/summer tires). Refill of windshield washer fluid, service costs arising from improper or negligent use, fuel costs, tolls, parking fees, and any fines shall be borne by the LESSEE.

b) The LESSEE shall arrange for the repair, maintenance, and refurbishment of the leased asset during the rental period at its own expense. Any refurbishment costs arising after the expiration of the rental period shall be borne by the LESSOR. If repairs, maintenance, or refurbishment to be borne by the LESSEE are not carried out or are not carried out in an authorized service center, the LESSEE shall bear the related costs and demonstrable damages. Monitoring service intervals is mandatory in order to maintain warranties and guarantees, and this is the LESSEE’s responsibility. Any damages arising from failure to do so shall be compensated by the LESSEE to the LESSOR.

c) The LESSOR shall bear all service costs arising during the rental period and resulting from normal use (including but not limited to engine oil changes, coolant replacement, transmission oil replacement, brake fluid refill, mandatory services, brake pad replacement under normal use, providing winter/summer tires). Refill of windshield washer fluid, service costs arising from improper or negligent use, fuel costs, tolls, parking fees, and any fines shall be borne by the LESSEE.

3.12 The LESSEE shall retain all documents generated during use, including parking and motorway usage receipts, and shall provide copies thereof to the LESSOR no later than upon expiration of the rental period.

3.13 All fines, penalties, infractions, surcharges, and additional costs arising during use of the vehicles shall be paid by the LESSOR within the prescribed deadline following receipt of the official notice and subsequently charged to the LESSEE in the following month. In addition, the LESSEE shall pay the LESSOR an administrative fee for each fine, penalty, infraction, or surcharge. The administrative fee amounts to HUF 5,000 net per case.

3.14 Smoking is prohibited in the vehicle.

4. DAMAGE EVENTS

4.1 In the case of motor vehicles, the LESSOR shall conclude comprehensive CASCO insurance for the entire rental period prior to renting out the leased asset, subject to the deductible specified in the Rental Agreement. In the case of other assets, insurance against theft and other damages is required.

4.2 In the event of damage, the LESSEE shall immediately notify the LESSOR, confirm the notification in writing, and provide the LESSOR with a copy of the damage assessment report.

4.3 If the damage event (including any breakdown of the vehicle for any reason) also requires the use of Assistance services, the LESSEE must identify the carrier and record the name of the driver transporting the vehicle, the exact address of the intended delivery location, and the registration number of the transport vehicle. In such cases, the LESSEE shall only be entitled to the Assistance service associated with the vehicle brand and shall have no claim for any other service or compensation from the LESSOR. Since Assistance services abroad only provide train transport home, the LESSEE may not charge the LESSOR for air travel expenses.

4.4 In cases where a damage event occurring outside Hungary (including any breakdown of the vehicle for any reason), causing that the vehicle is incapable of leaving the place of damage and returning to Hungary under normal traffic conditions, the LESSEE shall not have any claim against the LESSOR for a replacement vehicle or compensation. The LESSEE shall also not be entitled to immediate vehicle replacement abroad for any other transport-related damage. Vehicle replacement abroad shall be provided only according to the terms and conditions of the contracted Assistance provider.

4.5 The PARTIES agree that the LESSEE shall bear 10% of the total repair cost per damage event, but at least the deductible amount specified in the Rental Agreement. This amount may always be charged by the LESSOR to the LESSEE if the LESSEE has the documents required for CASCO administration signed by the liable party (accident report) and a copy of the liable party’s driving license. If the LESSEE fails to provide the necessary CASCO documents, the LESSOR may charge the full repair cost to the LESSEE.

4.6 The repair and insurance costs relating to the damage event shall be determined by the insurance company’s claims adjuster, and the process shall be initiated by the authorized service center.

4.7 Managing insured damage events during the rental period:

a) Theft - In the event of theft, the LESSEE must immediately notify the LESSOR of the occurrence and circumstances of the damage event. The LESSOR must file a police report and report the damage to the insurance company. In case of theft damage, the LESSOR may charge the LESSEE the full amount of the deductible determined by the insurance company or its claims adjuster, calculated depending on the circumstances of the damage event.

b) Total Loss - In the event of total loss, the LESSEE must immediately notify the LESSOR of the occurrence and circumstances of the damage event. In such cases, the LESSOR shall charge the LESSEE the full deductible amount determined by the insurance company.

c)Other Damages - In the event of any other damage, the LESSEE must immediately notify the LESSOR of the occurrence and circumstances of the damage event. In the case of a vehicle, damage assessment, repair, and settlement of the insurance compensation — from which the repair costs are covered — shall be handled by the authorized brand service center.

5. FINANCIAL TERMS

5.1 The rental period begins at the time this Agreement is signed by the PARTIES.

5.2 The rental fee includes mandatory insurance for the rental period, CASCO insurance, and vehicle taxes. Monthly invoicing is carried out on the basis of the delivery and takeover report. The delivery and takeover reports forming part of the Rental Agreement shall record the registration number and chassis number of the vehicles, the handover and return of documents and equipment necessary for vehicle use (proof of mandatory insurance, registration certificate, authorization for vehicle use, accident report form, master key, spare wheel, first aid kit, bulb kit, reflective vest, windshield sticker, environmental and technical validity stickers, warning triangle, tool kit and jack, and snow chains if applicable), as well as the exact time of handover and return and any damages to the vehicles.

5.3 Changes in the external taxation and economic environment, as well as changes in insurance premiums and conditions, may result in an automatic and immediate unilateral modification by the LESSOR of the rental fee specified in the Rental Agreement.

5.4 During the rental period, the LESSEE shall pay the rental fees specified in the Rental Agreement to the LESSOR under the conditions stated therein. The LESSOR shall be entitled to request the amount specified in the Rental Agreement in advance from the LESSEE as a security deposit.

5.5 In the event of delayed payment of the rental fee, the LESSEE shall pay default interest equal to twice the central bank base interest rate.

 

 6. TERMINATION, CANCELLATION

 

6.1 If the LESSOR cancels this Rental Agreement, the LESSEE’s right to use the leased asset shall simultaneously terminate, and the LESSEE shall make the leased asset available for return at the place and time specified by the LESSOR.

6.2 If the LESSEE terminates the fixed-term rental agreement prior to the expiration of the rental period, the LESSOR shall be entitled to retain the full remaining amount of the security deposit as partial compensation for actual financial loss and expected additional costs arising from the premature termination of the rental period. If the security deposit does not cover these losses, the LESSOR may assert further claims for damages and legal restraint. This fee does not include reimbursement of any fines incurred during the rental period or damages caused to the rented vehicles, regardless of their extent.
The LESSEE is obliged to deliver the vehicles to the location designated in advance by the LESSOR after prior appointment scheduling. The rental fee for the vehicles shall be invoiced until the date of return.
In all cases, service books, registration certificates, vehicle documentation, temporary license plates if applicable, spare and original keys, etc. shall be handed over.
The vehicles must be returned fully fueled, clean, and in operational condition. Proof of warranty services is the responsibility of the LESSEE. Failure to do so entitles the LESSOR to assert additional compensation and reimbursement claims.

7. GDPR

Taking into account Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), the PARTIES agree as follows:

7.1 The PARTIES acknowledge that the LESSEE qualifies as the data controller, while the LESSOR qualifies as the data processor.

  • Subject of data processing: ensuring the lawful use of the LESSOR’s assets;
  • Duration of data processing: the term of the Rental Agreement and 5 years thereafter, unless legislation prescribes otherwise;
  • Nature of data processing: storage, organization, and possible transfer of personal data to authorities;
  • Purpose of data processing: performance of the Rental Agreement;
  • Types of personal data: name, personal identification data, tax identification number, driver’s license number, address card number, identity card number, passport number and validity of the LESSEE and the natural persons representing the LESSEE or using the leased asset;
  • Categories of data subjects: the LESSEE and natural persons representing the LESSEE or using the leased asset.

7.2 The PARTIES agree that the LESSOR may process the personal data provided by the LESSEE (e.g., personal data required for car rental) exclusively on the basis of the LESSEE’s written instructions — for the purposes of this Agreement, the Rental Agreement itself shall also qualify as written instruction. The LESSOR may only deviate from this if required by applicable law. In such cases, the LESSOR shall inform the LESSEE of the legal requirement prior to processing, unless such notification is prohibited by law for important public interest reasons.

7.3 The LESSOR undertakes and warrants that persons authorized to process the personal data provided by the LESSEE (e.g., employees of the LESSOR) shall be bound by confidentiality obligations without time limitation.

7.4 The LESSOR undertakes and warrants that it shall not engage any other natural or legal person to process the personal data provided by the LESSEE.

7.5 The LESSOR undertakes and warrants that an appropriate level of data security has been implemented, taking into account the nature, scope, circumstances, and purposes of the processing, as well as the risks to the rights and freedoms of natural persons. Accordingly, the LESSOR undertakes to store personal data in a closed and password-protected system with appropriate access levels.

7.6 The LESSOR undertakes and warrants that, taking into account the nature of the processing, it shall assist the LESSEE as much as possible through appropriate technical and organizational measures in fulfilling its obligations as data controller regarding responses to requests related to the exercise of data subjects’ rights.

7.7 The LESSOR undertakes to assist the LESSEE in complying with obligations under Articles 32–36 of the GDPR (data security, data protection incidents, data protection impact assessment), taking into account the nature of processing and the information available to the LESSOR.

7.8 The LESSOR undertakes and warrants that following completion of the services under this Agreement, it shall, at the decision of the LESSEE, delete or return all personal data after 5 years and delete existing copies unless storage is required by law.

7.9 The LESSOR undertakes and warrants that it shall provide the LESSEE with all information necessary to demonstrate compliance with the obligations set forth in this section. The LESSOR shall immediately inform the LESSEE if it believes that any instruction infringes the GDPR or other legislation.

Further information can be found in the LESSOR’s privacy policy available at:
https://www.insticketshop.com/privacy-policy-H-INS-CAR

8. OTHER CONDITIONS

8.1 These General Terms and Conditions and the Rental Agreement form an integral unit and shall be interpreted together. These GTC enter into force on 01.01.2025. If a LESSEE with a rental agreement concluded before 01.01.2025 does not accept these amendments, this must be communicated to the LESSOR in writing no later than 01.02.2025 00:00. Failure to accept these amendments shall not terminate the agreement between the PARTIES; it merely means that the GTC effective as of 15.01.2021 shall continue to apply to the PARTIES. In the absence of an explicit written rejection by the LESSEE regarding the GTC, the GTC shall be deemed automatically accepted.

8.2 In all matters not regulated by this Agreement, the relevant provisions of the Hungarian Civil Code shall apply.

8.3 The PARTIES shall attempt to settle any disputes arising from this Agreement amicably. If such attempts fail, depending on jurisdiction, the PARTIES stipulate the exclusive jurisdiction of the Central District Court of Buda or the Budapest Regional Court.

8.4 In the event of any legal dispute, the Hungarian version of the General Terms and Conditions shall prevail.

 

Budapest, 01.01.2025.

Appendix – Explanation

Detailed explanations of the contractual conditions contained in the following sections of these GTC, effective from 15.01.2021, pursuant to Act V of 2013, are as follows:

5.4

The LESSOR shall be entitled to use the security deposit referred to in Section 5.4 of the GTC, in whole or in part, to compensate for any damage, actual financial loss, and additional costs incurred (hereinafter jointly referred to as “DAMAGE”) caused by the LESSEE.

Such DAMAGES may arise from actual damage events, negligent or improper use (e.g., failure to perform mandatory periodic and warranty services), or, in the case of fixed-term agreements, from premature termination thereof.

The LESSOR’s entitlement may apply to the full amount or the remaining balance of the security deposit specified in Section 5.4 of the GTC.

If the DAMAGE is not covered by the security deposit, the LESSOR may assert additional claims for compensation and legal restraint.

This fee does not include reimbursement of any fines incurred during the rental period.

Based on Section 4 of the individual Rental Agreement:

  • Permitted mileage: the maximum average number of kilometers allowed per day.
  • Total mileage: the permitted mileage multiplied by the number of rental days.

The maximum number of kilometers that may be driven with the leased vehicle is specified in Section 4 of the applicable individual Rental Agreement. If the LESSEE exceeds the total permitted mileage calculated from the average daily mileage, the LESSEE may be obliged to pay a fee per kilometer according to Section 4 of the individual Rental Agreement.