These General Terms & Conditions (hereinafter referred to as GTC) contain the rights and obligations of the owner and the renter in relation to the rental of a vehicle rented out by the owner and this document forms an integral part of the written electronic rental agreement (bearing biometric authentication) created within the CollectSign system.
I. General Information
1. Owner
Name: AVALON Car(e) Services Korlátolt Felelősségű Társaság
Registered office and postal address: 1142 Budapest, Tengerszem utca 106.
Company Registration No.: Cg. 01-09-934363
Tax Registration No.: 10238811-2-42
Phone number of the customer service: + 36 1 266 7748
E-mail: [email protected]
2. Renter
Renter shall mean the person or persons signing the agreement in the capacity of renter. In case of multiple renters, all renters shall be jointly and severally liable for the performance of all obligations set forth herein.
3. Rental vehicle
The vehicle provided by the owner for the purposes of fulfilling the rental of the vehicle, the identification data of which are contained in the individual rental agreement. By signing the rental agreement, the renter acknowledges and certifies the mileage upon pick-up, after inspecting it, specified in the individual rental agreement.
4. Agreement, related legal statements, complaint-handling
The person acting on behalf of the owner verifies the identity of the renter with the help of his/her identification documents and records or amends the personal data of the renter upon the conclusion of the agreement. The system of CollectSign prepares all documents necessary for the conclusion of the agreement which may be inspected by the renter on an electronic device (tablet), used for this purpose, using touchscreen technology. During this step, the renter may read all terms, conditions and information on the tablet regarding the conclusion of the agreement.
Upon agreeing to the content and terms and conditions of the agreement on the tablet, the renter affixes his/her biometric signature to the electronic agreement via the screen of the tablet, which is recorded in the CollectSign system.
After the rental agreement is successfully signed by the customer, the person acting on behalf of the owner shall check the agreement, then shall affix his/her biometric signature to the electronic agreement.
The rental agreement, signed by the parties in accordance with the above, is sent to the renter via e-mail as a PDF document to the e-mail provided by the renter.
The rental agreement shall be regarded as a written electronic agreement bearing a biometric signature that is digitalized on the basis of the renter’s handwritten signature. The agreement is concluded either in Hungarian or in English. The owner stores the agreement in its systems electronically.
Any and all statements affecting the rental agreement may only be made in writing. The renter shall acknowledge that the inclusion of any false information in the agreement shall entail the renter’s full liability for damages.
Following the pick-up of the rental car, the renter shall directly contact the owner via the contact information specified in Section 1 in case of any questions, complaints.
The rental agreement shall be governed by the provisions of Act V of 2013 on the Civil Code of Hungary.
In case of any future disputes between the parties relating to the rental agreement, the parties submit to the jurisdiction of the courts of Hungary and the exclusive jurisdiction of the Central District Court of Buda. Matters not regulated by the rental agreement shall be governed by the provisions of the Civil Code of Hungary.
II. Rules of using the rental vehicle, prohibited activities
1. The rental vehicle may only be driven by the renter and the person(s) specified in the agreement holding a valid driving license. In case of any violation of this section, the renter shall fully compensate for all damages caused.
2. The renter shall use the rental vehicle and its components and accessories in compliance with their intended use and with utmost care and shall abide by all traffic and parking regulations in their entirety. In case of any violation of this section, the renter shall fully compensate for all damages caused.
3. The renter may only have the right to travel across the borders of Hungary if the parties specifically agreed upon this in the individual rental agreement. It is prohibited to travel to the territories of Macedonia, Bosnia and Herzegovina, Bulgaria, Ukraine, the Republic of Belarus, Latvia, Lithuania, Estonia, Moldavia and Russia with the rental vehicle. If the renter breaches this provision, he/she shall pay liquidated damages in the amount of HUF 100000 to the owner, furthermore, he/she shall reimburse all costs to the owner that arise as a result of violating the agreement, and he/she shall compensate for all damages caused to the rental vehicle or suffered by the owner resulting from any reason.
4. The renter may only use the rental vehicle for transporting goods upon the written consent of the owner. In case of any violation of this section, the renter shall fully compensate for all damages caused.
5. It is prohibited to tow other vehicles with the rental vehicle; to enter the vehicle to motor sport events or to use it for testing purposes. It is not allowed to illegally cross the borders with the rental vehicle. In case of any violation of this section, the renter shall fully compensate for all damages caused.
6. The renter shall, in all cases, lock the rental vehicle, use all equipment installed in the vehicle for property protection purposes and check their proper operational status. In case of any violation of this section, the renter shall fully compensate for all damages caused.
7. It is forbidden to leave the rental vehicle’s ignition key, registration, rental agreement, as well as the navigation device in the rental vehicle. The renter shall safeguard the keys and registration, as well as other documents of the rental vehicle and shall protect them from damages and shall ensure that they are not lost under any circumstances. In case of any violation of this section, the renter shall fully compensate for all damages caused.
8. Renter shall fill the tank of the rental vehicle with fuel that complies with the prescribed type and quality. In case of any violation of this section, the renter shall fully compensate for all damages caused.
9. Renter shall continuously check the operational safety of the rental vehicle, in particular, the level of cooling water, the oil level of the engine and the gear, and to refill them if necessary. Renter shall make the rental vehicle available to the owner for maintenance for the period of such maintenance when the odometer reaches the mileage indicated on the label placed within the rental vehicle. In case of any violation of this section, the renter shall fully compensate for all damages caused.
10. The owner may provide the renter with a replacement vehicle for the period of the obligatory maintenance works. The terms and conditions of the rental agreement shall apply as well without any changes if a replacement vehicle is provided.
III. Rental fees, security deposits, payment and other financial terms
1. The rental fee is specified in the individual rental agreement concluded by and between the owner and the renter. The rental agreement also specifies any and all other charges and costs to be paid according to the parties’ understanding.
2. The rental fee includes the usage of the rental vehicle without any limitation of kilometres or with the limitation of kilometres as determined by the rental agreement, third party liability motor insurance, taxes on corporate cars, registration fee, costs of financing and depreciation, the coverage for damages being deducted from own funds in case of breakage and theft, as well as, a 24-hour service of providing a replacement vehicle and assistance. The rental fee does not include the fee for coverage for damages, the fee of potential additional drivers, the costs of fuel, parking costs, road tolls in Hungary and abroad, the costs of potentially driving further than the mileage limit, and, the costs of delivery and transporting the car back and the fee of picking up and dropping off the vehicle outside business hours.
3. Renter receives the rental vehicle with a full tank and motor oil. During the term of the rental, all costs associated with the intended use of the rental vehicle (e.g. costs of fuel, road tolls and parking costs) shall be borne by the renter.
4. Upon concluding the agreement and picking up the rental vehicle, renter shall pay a security deposit which serves as a coverage for potential damages caused by the renter to the owner. When paying by credit card, the amount of the security deposit will be blocked on the renter's bank account based on the owner's request submitted to the renter’s bank upon the renter's consent. If the agreement in not performed or not properly performed, the owner is entitled to satisfy his claim (including the late payment fee, liquidated damages and compensation) from the sum of the security deposit. Upon a breach of contract, the owner may immediately use the security deposit and may seek satisfaction from the amount thereof without judicial channels. Should the legal relationship be maintained by the parties following the satisfaction of claims, the renter shall make up or replace the amount of the security deposit within 24 hours after the receipt of the owner’s notice. If the amount of the security deposit is not replaced or made up, the owner is entitled to terminate the agreement with immediate effect.
5. The security deposit is refunded at the end of the rental, unless the owner has suffered damages as a result of the renter’s breach of contract, or unless the renter is obligated to pay liquidated damages, or unless the renter owes other amounts to the owner that arise out of the rental. The owner is not obliged to repay the amount of the security deposit as long as the parties do not settle accounts with each other in connection with the renter’s potential liability for damages or other debts. The owner is not obliged to pay interest on the security deposit. The owner will notify the bank to release the security deposit, if it has not been used, upon the termination of the rental, after the rental vehicle is returned. In addition to initiating the release of the security deposit, the owner shall not bear any liability whatsoever for the blocked amount.
6. The renter shall pay the rental fee, security deposit and other costs on the basis of the invoice issued by the owner on the first day of the rental unless agreed otherwise. When paying by credit card, the amount of the rental fee and other costs (an amount equal to the sum indicated in the pro forma invoice issued by the owner) will be blocked on the renter's bank account based on the owner's request submitted to the renter’s bank upon the renter's consent.
7. If the renter delays with the payment of the invoice issued by the owner, the renter shall pay liquidated damages to the owner daily in an amount equal to 1%. In case of the owner’s claim for damages, the renter shall pay late payment fee at a rate double the central bank base rate.
IV. Term of the rental, returning the rental vehicle
1. The minimum term of the rental shall be 24 hours.
2. Renter shall return the rental vehicle to the owner at the time and date agreed upon in the individual rental agreement. In case of a delay with returning the vehicle that does not exceed 59 minutes, the owner does not charge additional charges, however, in case of a delay exceeding 59 minutes, an additional full day’s rental fee is charged, which the renter is obliged to pay.
3. Renter shall return the rental vehicle (with all of its equipment, accessories and documents) at a time agreed upon in the individual rental agreement with a full tank, in a clean and impeccable condition at the owner’s premises or at another location agreed upon in advance and approved by the owner in writing. Should the owner agree to a drop-off location that is located outside the city limits of Budapest, the owner is entitled to charge a kilometre fee as stipulated by the individual rental agreement as a return shipping fee.
4. Returning and picking up the rental vehicle is only allowed between 08:00 a.m. and 05:00 p.m., except for cases where the parties have agreed otherwise in the individual rental agreement. In this case, the renter agrees to pay the fees stipulated by the individual rental agreement for picking up or returning the rental vehicle between 05:00 p.m. and 08:00 a.m. (fee for providing services outside of working hours).
5. Renter shall request the owner’s consent to the extension of rental term 24 hours prior to the expiration of the rental in writing. The term of rental may only be extended if the extension is confirmed by the owner in writing, via e-mail or telefax. Renter shall acknowledge that the owner is not obliged to extend the term of rental. In the absence of the written confirmation of the extension, the agreement shall terminate on the original date.
6. Using the rental vehicle after the expiration of the rental term without the owner’s consent, or in case of immediate termination, the renter shall pay a usage fee at a rate double the rental fee to the owner from the date of the termination of the rental agreement until the date of actually returning the vehicle. If the renter fails to return the rental vehicle to the owner within 24 hours after the expiration of the rental term, the renter shall pay liquidated damages in the net amount of HUF 100000 in addition to the usage fee and he/she also shall reimburse all costs to the owner arising from the delay (e.g. searching for and shipping the car) and shall compensate for any and all damages caused to the rental vehicle.
7. If any road tolls or parking fee / surcharges / penalty / fine are charged to the owner in relation to the rental vehicle, the owner is entitled to immediately terminate the rental agreement after becoming aware thereof, and the owner may search for the car and have it transported to the owner’s premises at the renter’s costs.
V. Renter’s liability, coverage for damages
1. Third party liability insurance
The rental vehicle has an obligatory third party liability insurance. In case of accidents within the territory of Hungary, the renter or the person named in the agreement as driver shall always request onsite police action and shall provide the owner with the protocol thereof, as well as all resolutions made during the procedure, and the European accident report form filled in properly and completely and signed by the parties to the accident without undue delay. The accident report form must, in all cases, include the acceptance of liability of the party causing the accident. In case of accidents outside the territory of Hungary, the renter shall obtain the insurer’s valid confirmation of coverage of the parties to the accident in addition to the above. In case of any violation of this section, the renter shall fully compensate for all damages caused.
2. Renter’s rights and obligations in case of an accident or damage, coverage for damages
In case of an accident or any damages to the rental vehicle (e.g. theft, vandalism), the renter or the person named in the agreement as driver shall inform the owner and the police thereof immediately or within 24 hours the latest, and shall also have the names, home addresses and phone numbers of witnesses of and persons involved in the accident and/or damage recorded in a protocol. The renter or the person named in the agreement as driver shall not hand over any statement of damage to third parties instead of the owner, or shall not make any statements of confirmation on behalf of the owner; the required rescue measures and repair actions will, in every case, be initiated by the owner. In case of any violation of this section, the renter shall fully compensate for all damages caused.
If the rental vehicle is immobilised, the renter or the person named in the agreement as driver shall have the rental vehicle transported to the nearest safe storage facility as instructed by the owner, and shall arrange for the safeguarding of the rental vehicle prior to that. In case of any violation of this section, the renter shall fully compensate for all damages caused.
If the damage is not caused by the renter wilfully, the renter, in case of breakage, shall be liable for damages up to the amount of the deductible part as specified in the rental agreement with the exceptions set forth by the rental agreement. If it is economically worthwhile to repair the vehicle, repair costs are established based on the quotation of the repair service chosen by the owner which is prepared on the basis of an AUDATEX system calculation. If, on the basis of the quotation, the expected repair costs exceed 65% of the vehicle’s market value at the time of the damage and it is not economically worthwhile to repair the vehicle (total loss), the amount of the damage to the vehicle shall be established pursuant to the vehicle’s year of manufacture as a difference between the market value listed by EUROTAX at the time of damage and the wreckage value. Wreckage value is established on the basis of the highest one of the three takeover bids obtained by the owner in relation to the wreckage.
In case of damage caused intentionally, the renter shall cover the full extent of damages. Renter shall always compensate for damages to the wheels, tires, undercarriage, chassis, outer mirrors, antennas and the interior and luggage compartment of the rental vehicle that do not result from accidents. The renter shall assume fully liability for damages if the rental vehicle was driven under the influence of alcohol, narcotics, drugs or other mind-altering substances, if the rental vehicle was driven by someone else other than the person named in the agreement as driver, in case of damages occurring due to the decrease in level or the leakage of coolants or engine oil or if the damage occurred due to sporting or testing activities or when towing another vehicle. The renter shall assume full liability for damages if he/she fails to return the registration or the keys to the rental vehicle, or if the keys to the rental vehicle have been duplicated.
If the rental vehicle is stolen or carjacked (jointly referred to as theft), the renter shall reimburse the market value of the vehicle at the time of the damage as listed by EUROTAX pursuant to the vehicle’s year of manufacture unless otherwise agreed upon by the parties in the rental agreement. If the parties agreed otherwise in the rental agreement in relation to theft, the renter shall be liable for damages up to the amount of the deductible part as specified in the rental agreement with the exceptions set forth by the rental agreement. Renter shall acknowledge that the owner will have the keys to the vehicle inspected by an expert in case of theft.
In case of damages when the insurance company resorts to deductions while paying damages or does not pay damages at all, the renter shall be obliged to pay the unpaid amount to the owner.
If the renter breaches any provision of the rental agreement, the parties’ agreement on the limitation of the renter’s liability (deductible part/ partial redemption of the deductible part) shall be repealed and the renter shall be liable to compensate for the damage fully.
The renter shall pay all penalties, fines charged due to the violation of traffic rules, parking fees and road tolls, surcharges and the costs for expert opinions becoming required for any reason whatsoever to the owner together with the net administration fee in the amount of HUF 12,700 payable on every occasion.
VI. Malfunctions of the rental vehicle
1. In case of any malfunction of the rental vehicle, the renter shall promptly notify the owner thereof. Renter shall notify the owner about the malfunction of the milometer without undue delay. If the renter fails to notify the owner or the seal of the milometer is damaged or if the counting device is switched off or turned off in any way, the renter shall pay liquidated damages at a rate double the rental fee for the entire term of the rental.
2. Without the consent of the owner, no repairs or corrections may be made to the defective rental vehicle. If the rental vehicle is immobilised, the renter shall have the rental vehicle transported to the nearest safe storage facility as instructed by the owner, and shall arrange for the safeguarding of the rental vehicle prior to that. In case of any violation of this section, the renter shall fully compensate for all damages caused.
3. If the owner grants its consent to the renter to have the repairs carried out, the renter shall provide the owner with an invoice issued by a professional garage with the owner’s name and address and all parts replaced; if the renter fails to do so, the owner will not reimburse the repair costs. Renter acknowledges that the owner only reimburses the costs of such repairs if they have arisen as a result of defects occurring in the proper use of the vehicle provided that the renter has fully complied with any and all provisions of the rental agreement and only to the extent that the repair is required for the sake of traffic safety and safe operation. In case of a malfunction of the rental vehicle, the owner excludes its liability for any and all direct and consequential damages or costs that incurred due to the fact that the renter failed to meet a deadline or failed to perform an act or make a statement or delays with them.
4. The owner agrees to have a defective rental vehicle repaired in 24 hours that are within the territory of Hungary if such breakdown occurred during proper use; if that is not possible, a replacement car may be provided in an additional 24 hours.
5. The owner undertakes to reimburse the costs of having the defective rental vehicle, which is located outside of the territory of Hungary, transported to a professional garage that is the closest to the place of the breakdown and the owner may provide a replacement car for the period of repair.
VII. Privacy Policy
The renter or the person named in the agreement as driver hereby accepts the Privacy Policy of the owner regarding the processing of personal data. These General Terms & Conditions specifically include the terms and conditions of the Privacy Policy relating to booking a vehicle and the conclusion and performance of a rental agreement.
1. Personal data provided upon the conclusion of an agreement
The purpose of processing is the conclusion of a rental agreement, the identification of the customer in order to do so; the performance of an agreement; the issuance of an invoice and compliance with accounting obligations; enforcing potential claims arising out of breaches of contract.
Legal basis of data processing:
- Lit. b) Paragraph (1) Article 6 of the GDPR for the purposes of concluding the rental agreement (“processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract”);
- Lit. b) Paragraph (1) Article 6 of the GDPR for the purposes of performing the agreement (“processing is necessary for the performance of a contract to which the data subject is party”);
- Lit. c) Paragraph (1) Article 6 of the GDPR for the purposes of issuing an invoice and fulfilling accounting requirements (“processing is necessary for compliance with a legal obligation to which the controller is subject”);
- Lit. f) Paragraph (1) Article 6 of the GDPR for the purposes of enforcing claims arising out of breaches of contract (“processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party”).
Personal data processed by the controller are the data subject’s name, e-mail address, telephone number, home address, mother’s birth name, place and date of birth, debit card number, driving license number and term of validity thereof, Personal ID Card number or passport number.
In terms of processing, the renter is regarded as the data subject or any other person named in the agreement as driver if the vehicle is driven by other persons as well.
Term of retention:
- 2 months following the termination of the agreement for the purposes of concluding and performing the rental agreement;
- 8 years for the purposes of issuing the invoice and complying with accounting obligations;
- 5 years following the termination of the agreement for the purposes of enforcing claims arising out of a breach of contract (statutory period of limitation).
2. Personal data provided upon booking a car via the website
The purpose of processing is to provide personalised service to the data subjects, to book cars in the system of the controller via the website operated by the controller.
The legal basis of processing is Lit. b) Paragraph (1) Article 6 of the GDPR for the purposes of concluding the rental agreement (“processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract”).
Personal data processed by the controller are the name, e-mail address and telephone number of the data subject.
During processing, data subject shall mean the person booking a vehicle.
Term of retention: the personal data provided are retained by the controller until the conclusion of the rental agreement.
VIII. Final provisions
The provisions of these General Terms & Conditions shall enter into effect on 15 September 2022 and shall apply to agreements concluded thereafter. Agreements may be concluded in Hungarian and in English. The owner reserves the right to amend these General Terms & Conditions; amendments will be published on the website. Matters not regulated by these General Terms & Conditions shall be governed by the laws of Hungary; disputes shall be subject to the jurisdiction of the courts of Hungary.