General Terms and Conditions
Vehicle Rental Contract
1. During the RENTAL CONTRACT the CUSTOMER’s obligations are the following:
1.1. You can’t estrange the vehicle in any ways.
1.2. Only those people can use the vehicle who were previously authorised by Simpleinvest and they have all the necessary documents required by the law to operate the vehicle (right driving license).
1.3. You shouldn’t exceed the loading limit of the vehicle. You mustn’t do any speed tests or misuse it unless SIMPLEINVEST authorized you (written).
1.4. You have to use the vehicle in accordance with the supplier’s recommendation and the vehicle’s behaviour. You always need to pay attention when using the vehicle.
1.5. If you wish to use the vehicle outside of the EU you always need SIMPLEINVEST’s written authorization.
1.6. In case of loosing any certification (registration certificate, copy of the insurance policy, service history book, mechanical documentations, user’s manual) and accessories (keys, code cards, alarm system remote control) of the vehicle you need to contact SIMPLEINVEST immediately and you need to pay for the replacement.
1.7. Customer can’t change the purpose of the vehicle without SIMPLEINVEST’s written authorization. If you want to change anything on the vehicle, fix any accessories, repaint the vehicle or place any stickers on it you need SIMPLEINVEST’s written authorization and after then you can do it on your own cost and you need to pay for the removal too at the end of the rental contract.
2. PERIOD OF THE RENTAL CONTRACT
2.1. The rental period is fixed in the RENTAL CONTRACT with the mileage limit.
2.2. The rental period and the mileage limit can be modified by any parties. If the parties change the rental period or the mileage limit they need to sign a Contract Modification Agreement.
3. Ordering - and handover process
3.1. The order reaches its final stage when the customer sends back to SIMPLEINVEST the written order form.
3.2. The date and the time of the vehicle handover is stated in the Handover Protocol.
3.3. Customer taking part in the handover process should visually check the vehicle before signing the Handover Protocol.
3.4. In case the vehicle satisfies the customer’s needs he/she signs the Handover Protocol and by signing this he/she agrees that the vehicle is in good mechanical condition and fulfils the customer’s needs.
3.5. When the customer or its representative signs the Handover Protocol the time stated in it is the start day/time so SIMPLEINVEST can charge you from that time.
3.6. If the customer doesn’t show up in 3 hours compared to the agreed time to get the vehicle, SIMPLEINVEST can charge the customer for any costs occurred because of it (storage, service etc).
3.7. If the customer changes his\her mind and doesn’t want to rent the vehicle after signing the Handover Protocol and got the vehicle SIMPLEINVEST can charge for severance pay and other charges connected to this matter according to the General Terms and Conditions.
4. SERVICE AND ASSISSTANCE SERVICE MAIN RULES
4.1. SIMPLEINVEST can check the state and mechanical condition of the vehicle regardless to its place in the following cases.
4.2. SIMPLEINVEST has to pay for the following compulsory services at registered service stations:
4.2.1. Service and check required by the manufacturer or by the law after certain periods.
4.2.2. Those repairs and services which occurred mechanically and which are not caused by the customer (excluding accidents caused by the customer, vehicle misuse). These repairs are needed in order to operate the vehicle in a safe way.
4.3. Repairs listed in the previous section paid by SIMPLEINVEST don’t include the followings:
4.3.1. Fuel and windscreen liquid.
4.3.2. Car wash and inner cleaning.
4.3.3. Those equipment’s replacement, repair or installation which are not supplied with the vehicle by the manufacturer originally or they got broken because of misuse or they disappeared (mirrors, wheel covers/accessories).
4.3.4. Damage repair which were caused by unforeseen circumstances such as, fire, protestation, vis major, natural disaster, exceeding the loading limit, taking part on sport event, tachometer limit exceed or ignoring the manufacturer’s recommendations.
ASSISTANCE SERVICE RULES
4.4 If the vehicle gets into an accident, a mechanical/electrica fault occurs, engine fault occurs or an accident happens and the vehicle can’t move SIMPLEINVEST provides road assistance service to the customer. This service is available only in Hungary.
4.4.1 The following people can request the assistance service: the driver (person who is authorized by the customer), passengers authorized by the customer excluding hitchhikers.
The assistance service includes the followings:
4.4.2. Vehicle involved in an accident or mechanically faulty transportation in the whole country.
4.4.3. SIMPLEINVEST guarantees a 24/7 assistance service. This service might be provided based on local facilities. If these local facilities don’t allow services requested by the customer SIMPLEINVEST guarantees to supply these services on the highest level.
4.4.4. To request the Assistance facility customer needs to call the phone number provided by SIMPLEINVEST and identify the vehicle registration plate number and the vehicle’s location.
4.4.5. SIMPLEINVET is not responsible any those losses occurred during the transportation, parking and service such as luggage, personal belongings and other accessories disappearance or damage.
4.4.6. When requesting the Assistance service the parking -, fuel – and motorway fees are not included. They will be invoiced to the customer.
4.4.7. SIMPLEINVEST Ltd. takes immediate steps as part of the Assistance Service once the customer informed it. Customer needs to provide all information requested by SIMPLEINVEST.
5. INSURANCE
5.1. In all cases SIMPLEINVEST is responsible for insurance.
5.2. In case of accident the customer has to:
5.2.1. Report the accident immediately in accordance with SIMPLEINVEST’s instructions.
5.2.2. Transport the vehicle into SIMPLEINVEST’s garage to have it repaired.
5.2.3. If the insurance doesn’t cover the damage customer will be charged for it and for any co-pay not covered by the insurance company.
5.2.4. By signing the rental contract customer agrees these General Terms and Conditions and understands the insurance conditions. If you wish to have a look at the insurance conditions they can be found in SIMPLEINVEST’s office.
5.2.5. In case of stealing or total damage of the car customer has to return all its papers to SIMPLEINVEST (vehicle registration document, copy of the insurance certificate, service history book). Keys, code cards, alarm system keys need to be returned as well. You need to provide the police investigation certificate (original) too what you get from the police after reporting the disappearance of the car. If the insurance company doesn’t pay as much as the vehicle is registered in SIMPLEINVEST’s books customer needs to pay the difference.
5.2.6. Customer has to obey all rules and take all the necessary steps to avoid or reduce the loss.
5.2.7. If customer doesn’t protect the vehicle in the way as the insurance company suggested in its terms and conditions customer is responsible for the damage.
5.2.8. Customer agrees to cooperate with SIMPLEINVEST in case of any possible arguments.
6. RESPONSIBILITY
6.1. SIMPLEINVEST is not responsible for those damages (to the customer or to any third parties) which were caused when the customer was operating the vehicle.
6.2. Customer is fully responsible for damages on the vehicle caused during the operation of the vehicle regarding to its state after the vehicle is returned. Even if these damages were caused by any third party customer is responsible for them since they occurred during the time customer had the vehicle.
7. PAYMENTS RECORDED IN THE RENTAL AGREEMENT
7.1. Rental fees include the followings:
- Right to operate the vehicle
- Taxes, insurance, service and check fees, seasonal preparations, administration fees
- 24/7 dispatcher service
- Road assistance service
- Pick up service
Optional services: (not included in the rental fee)
- Replacement car
- Other : motorway fee, extra accessories (child seat etc.)
7.2. The agreed rental fee (and VAT) has to be paid as agreed in the Rental Conditions as SIMPLEINVEST invoices them as long as the vehicle is not returned.
7.3. Date of Performance is the day when the fee has to be paid.
7.4. Customer has to pay the fee in all cases without any condition.
7.5. If SIMPLEINVEST thinks that during the rental period the actual mileage is 5% more or less compared to the agreed mileage (mileage limit agreed in the rental contract) SIMPLEINVEST can modify the rental fee agreed in the rental contract in comparison with the actual mileage. SIMPLEINVEST has to inform the customer about the new rental fee, the new mileage limit and the rental term based on the Detailed Terms and Conditions. In case of under-skimming SIMPLEINVEST pays back maximum 15%.
8. RENTAL CONTRACT TERMINATION
8.1. RENTAL CONTRACT can be terminated before the agreed time in the Detailed Terms and Conditions:
8.1.1. Parties agree about this written.
8.2. SIMPLEINVEST can terminate the RENTAL CONTRACT immediately if the customer:
8.2.1. Delayed payment.
8.2.2. If any of the terms or conditions of the RENTAL CONTRACT wasn’t obeyed.
8.2.3. If the vehicle was misused or it was used by a person not approved by SIMPLEINVEST.
8.3. Apart from this the RENTAL CONTRACT can be terminated by any of the parties written:
8.3.1. If the vehicle was stolen.
8.3.2. If SIMPLEINVEST determines that the vehicle had a total loss accident or a partial loss one
8.3.3. The insurance company determines that the vehicle can’t be repaired and operating it is a potential danger.
8.3.4. SIMPLEINVEST or the insurance company determines that the estimated repairing cost of the vehicle is too high compared to its real value.
8.4. At the same time of contract determination the customer has to:
8.4.1. Return the vehicle to SIMPLEINVEST with all its papers (registration certificate, service history book, mechanical documentations, users manual), keys, code cards, insurance remote control and any other accessories.
8.4.2. Pay severance pay unless paerties agreed somehow else.
8.4.3. Fulfil all duties to SIMPLEINVEST agreed in the RENTAL CONTRACT.
9. RETURNING THE VEHICLE
9.1. When agreed in the RENTAL CONTRACT or when the parties agreed the customer has to return the vehicle on his/her own cost to SIMPLEINVEST. The vehicle has to be returned at the same place where the handover took place unless SIMPLEINVEST dedicates an another place.
9.2. CUSTOMER has has to return the vehicle in a fully working condition, in the same state as he/she got it so it has to be washed and inside cleaned. When the vehicle is returned SIMPLEINVEST’s representative and the customer’s representative take the Vehicle Return Minutes. This minutes contains the actual mileage and it is approved by the CUSTOMER and all damages are recorded what were occurred during the rental period.
9.3. In case the customer made any modifications on the vehicle based on SIMPLEINVEST’s decision he/she has to:
9.3.1. Restore the original state of the vehicle (handover state) on his/her own cost or
9.3.2. handover the vehicle to SIMPLEINVEST with the extra accessories without charging SIMPLEINVEST for it.
9.4. After the handover of the vehicle and SIMPLEINVEST and the CUSTOMER signed the handover all risks will be on SIMPLEINVEST.
9.5. In case the CUSTOMER or its representative doesn’t show up and sign the Vehicle Return Certificate, SIMPLEINVEST can sign it and the customer has to approve without any question that the state of the vehicle is as SIMPLEINVEST states it.
9.6. If in the Vehicle Return Certificate the state of the vehicle is not agreed the parties can name an independent expert to examine the vehicle. The certificate what this expert makes has to be accepted by both parties. Fee of this expert is on the CUSTOMER. If the expert’s certificate differs a lot from SIMPLEINVEST’s certificate the PARTIES can agree that SIMPLEINVEST wears the costs of this certificate partially or fully.
9.7. Vehicle Return Certificate or the above mentioned expert’s certificate is the base of any charges between SIMPLEINVEST and the CUSTOMER to restore the original state of the vehicle or to pay the extra 69 Huf/km charge.
9.8. CUSTOMER has to return all accessories with the vehicle to SIMPLEINVEST like all keys, papers, mechanical documentation what he/she got at the handover. If the CUSTOMER doesn’t do this till the deadline he/she has to bear all the costs SIMPLEINVEST faces (eg. Lock change, paperwork, registration etc.)
10. CLOSURES
10.1. All warnings have to be sent to PARTIES address agreed in RENTAL CONTRACT. If it changes PARTIES have to nitify each other.
10.2. In case of elimination of any part of the RENTAL CONTRACT doesn’t mean the elimination of the parts of the contract.
10.3. PARTIES agree that any arguments because of misreading or misunderstanding the RENTAL CONTRACT they need to ask the Budapest Chamber of Commerce and Industry elected court to decide. This elected court follows its own rules. Language of the process is Hungarian.
10.4. Any modification of the RENTAL CONTRACT is invalid unless it is in written format.
10.5 Both PARTIES agrees that they notify each other about any changes about business naming, address or law representative.
10.6. Vis Major : In case SIMPLEINVEST’s responsibility is not eliminated by law it is not responsible for anything since it is resulted by vis major. Including but not only limited onto the followings: international conflicts, violent or gun involved incidents, national or international government’s dispatch, boycott, employees’ incidents, electricity shortcut,communication system failure., accessories or software failure in the system of SIMPLEINVEST or any third party. If any of the above mentioned incidents happens SIMPLEINVEST does eeverything it can do to limit any negative affects on the customer.
10.7. These GENERAL TERMS AND CONDITIONS are valid from the time both SIMPLEINVEST and the CUSTOMER or its representative signed it.
10.8. Any cases not regulated in the RENTAL CONTRACT the Hungarian law needs to be used.
10.9. If the RENTAL CONTRACT is made both in Hungarian and English and there are any differences between the two contracts the Hungarian version needs to be used.
10.10 The GENERAL TERMS AND CONDITIONS, the RENTAL CONTRACT and THE HANDOVER PROTOCOL are valid together.
GENERAL TERMS AND CONTIONS OF VEHICLE RENTAL no 1. appendix
IDENTIFICATION OF VEHICLE STANDARD MECHANICAL CONDITION
Vehicle’s general appearance’s quality (including paintworks) has to fit to the vehicle’s age and milage.
There can’t be any damage on the chassis parts, on the undercarriage and on the bumper like dents, deformation or scratches.
Inside parts can’t be pierced, ripped or stained.
Fraying of the mechanical parts has to comply with the actual milage and the manufacturer’s recommendations.
All registration documents, accessories and safety accessories (lifting equipment, spare wheel etc.) have to be in the vehicle.
Applied legalisations:
- 1988 1. Law about road traffic § 21-21/B and § 48 5th paragraph
- 2004 CXL. Law about the general rules of administrative proceedings and services § 29 4th paragraph b point, § 98 1st paragraph, § 99 1st paragraph, § 102
- 1990 XCII law about duty § 29 2nd paragraph
- 410/2007. (XII.29) Government regulation about administrative penality charging for this activity § 1, § 2 1st paragraph, § 10
- 1/1975. (II.5.) regulation about road traffic rules (KRESZ) § 26 1st paragraph
- 410/2007. (XII.29) Government regulation about authority and jurisdiction § 9
