Common use of General rental conditions Clause in Contracts

General rental conditions. 1. When using the vehicle, the Lessee shall observe all Hungarian and foreign laws, official requirements and traffic rules (“KRESZ”), for which it shall bear full liability. In the event that a fine or penalty is imposed due to non-compliance or violation of the above, such penalty or fine shall be deemed as a breach of contract by the Lessee and the Lessor shall be entitled to have the full amount thereof paid by the Lessee and to charge an administration fee to the Lessee for the extra work and related costs incurred, the exact amount of which shall be specified in the Schedule of Fees of the GTC. 2. The Lessee shall use, handle and preserve the vehicle and its accessories with proper care, in accordance with the user’s and operational manual concerning the type of the vehicle and the prescriptions of the manufacturer and importer. The Lessee shall bear full financial liability for any and all losses arising from non-observance of the aforesaid. 3. The Lessee shall handle the documents provided to it with due care, and preserve the same from damages. The Lessee shall protect the vehicle possessed and used by it from theft by all available means, including locking the vehicle any time when it is not used, even for the shortest time, turning on the alarm, not leaving valuables in the vehicle, parking the vehicle if possible at guarded or locked places, and otherwise act with increased circumspection when leaving the vehicle unattended. 4. The Lessee must not modify the vehicle or change its technical specification or make any change in the condition or value of the vehicle or its accessories which is beyond normal amortisation and wear and tear, in particular the Lessee shall not display any kind of advertisement on the vehicle and especially not transform the vehicle in such a way as to lose guarantee or warrantee. Lessee shall indemnify any damage arising from the breach of the obligations mentioned above. 5. The vehicle may be used exclusively with the permission issued by the Lessor, which permission shall constitute an inseparable annex of the rental agreement. 6. It is prohibited to drive the vehicle:  without the permission issued by the Lessor,  in a businesslike manner for the transportation of passengers and/ or commodities (any public road traffic services) without Lessee’s express permission,  for racing or preparing (training) for racing,  to tow another vehicle, except for properly installed trailers,  in case the coolant and/or lubricants have been drained and/or frozen,  under the influence of alcohol, medicines or drugs influencing the ability to drive or to allow any person under the influence of such substances to drive the vehicle,  without special permission outside of the territory of the Member States of the European Union, with the exception of Switzerland and Norway,  without the Lessor’s prior written consent, in any European country outside of the territory specified above for the purpose of permanent settlement (i.e. for a continuous period exceeding 30 days). 7. The Lessee shall fully indemnify any and all loss arising from a breach of the terms of this clause VII/1-5 of the GTC, based on the Lessor’s applicable invoice, as well as all damage arising beyond those and to reimburse any payment obligations arising from such cases:  careless, unprofessional servicing of the vehicle not in factory-authorised service center, or failure to have servicing performed, careless, unprofessional, non-proper operation, or overburdening of the vehicle, non-proper usage of the vehicle that is not in accordance with the terms of the rental agreement, special pollution of the vehicle,  any damage in the vehicle occurring during the term of the rental agreement, if such damage arises from the Lessee’s and/or any other person’s fault, who are in the Lessee’s sphere of interest,  any payment obligations or damage arising from a failure by the Lessee and/or any other person who is in the Lessee’s sphere of interest to install proper tyres that are in accordance with the season, and which costs were not recovered elsewhere,  any damage to the vehicle (repair costs) arising from amortisation that is beyond normal wear and tear arising from proper use as intended of the vehicle,  any damage in the vehicle, which is a damage event of insurance, but the measure of the damage is not higher than the amount of the insurance excess,  should Lessor find any kind of shortage in parts, or the accessories and equipment specified in the Handover-Delivery Protocol,  losses arising from the vehicle being guarded or stored carelessly, or being abandoned, or if the key, ignition and GPS card are left in the vehicle,  payment obligations and/or losses arising generated by the vehicle not having been locked when left or not having been parked/stopped in a public place in accordance with Traffic Safety Rules (KRESZ) or any local government regulations,  any losses to the vehicle, its parts and accessories if any key (ignition card) and/or the registration certificate (forgalmi engedély) of the vehicle and/or the documents suitable to certify the right of usage before an authority were left in the vehicle prior to the occurrence of the theft of the vehicle or if the vehicle suffers a total loss, is destroyed or is stolen for a reason for which the Lessee is liable,  the difference between the compensation paid by the insurance company in the case of a damage event and the amount determined in the annex of the rental agreement for the day on which the compensation of the insurance company is credited on the bank account of the Lessor,  in the case of a CASCO damage event when the vehicle becomes unusable (total damage) or is removed from the property of the parties (theft), the difference between the indemnification paid by the insurance company and the Lessor’s actual damage,  in case of any act or conduct by the Lessee or its facilitator or any person in the sphere of the Lessee’s interest that excludes or restricts the insurance company’s indemnification for losses,  if the Lessee has used fuels of a different kind than that prescribed for the vehicle,  reimbursing all fines, charges, surcharges and penalties and other payment obligations - including related interests - arising from irregular parking, failure to pay, or insufficient payment of parking fees or road usage charges, as well as for all fines levied by any authority and payable on account of the commission by the Lessee or any person in the sphere of the Lessee’s interest of any offence or omission, even where the Lessee holds such charges to be unjustified and unwarranted. In such case, at the Lessee’s request the Lessor authorises the Lessee to act in the name and on behalf of the Lessor in reclaiming the illegitimately imposed amount but shall not be relieved of its obligation to fulfil its commitment to the Lessor.  all payment obligations that arise from a violation of the applicable Road Traffic Rules or any rules or regulations entered by any authority,  Any banking charges arising from the performance of any payment obligation in this clause (e.g. conversion cost), and the administration fee charged by the Lessor, the amount of which is specified in the Schedule of Fees of the GTC. Lessee shall fulfil the payment obligation according to this clause, if some authority, parking association, other third party is entitled to determine such fee, in the amount which has been determined by such third party. Beyond this event the amount payable pursuant to this clause by the Lessee - in the absence of an agreement between the Parties - shall be determined by using a judicial expert in vehicles. The Lessor shall appoint the judicial expert with a notice of the appointment to the Lessee, as well as of the additional judicial experts acceptable to Lessor. If the Lessee does not raise a written objection against the assigned judicial expert within five

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

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General rental conditions. 1. When using the vehicle, the Lessee shall observe all Hungarian and foreign laws, official requirements requirements, and all the traffic rules (“KRESZ”), ) for which it shall bear full liability. In the event that a fine or penalty is imposed due to non-compliance or violation of the above, such penalty or fine shall be deemed as a breach of contract by the Lessee and the Lessor shall be entitled to have the full amount thereof paid by the Lessee and to charge an administration fee to the Lessee for the extra work and related costs incurred, the exact amount of which shall be specified in the Schedule of Fees of the GTC. 2. The Lessee shall use, handle and preserve the vehicle and its accessories with proper care, in accordance with the user’s and operational manual concerning the type of the vehicle and the prescriptions of the manufacturer and importer. The Lessee shall bear full financial liability for any and all losses arising from non-observance of the aforesaid. 3. The Lessee shall handle the documents provided to it with due care, care and preserve the same from damages. The Lessee shall protect the vehicle possessed and used by it from theft by all available means, including locking the vehicle any time when it is not used, even for the shortest time, turning on the alarm, not leaving valuables in the vehicle, parking the vehicle if possible at guarded or locked places, and otherwise act with increased circumspection when leaving the vehicle unattended. 4. The Lessee must not modify the vehicle or change its technical specification or make any change in the condition or value of the vehicle or its accessories which is beyond normal amortisation amortization and wear and tear, in particular the Lessee shall not display any kind of advertisement on the vehicle and especially not transform the vehicle in such a way as to lose guarantee or warrantee. Lessee shall indemnify any damage arising from the breach of the obligations mentioned above. 5. The It is strictly forbidden to remove or damage the satellite tracking system installed in the vehicle. If this happens, the Lessor is entitled to terminate the Rental Agreement with immediate effect, and the Lessee is obliged to return the vehicle may be used exclusively with to the permission issued by Lessor at the Lessor, which permission shall constitute an inseparable annex 's premises within 24 hours. The repair of the rental agreementdamage caused by non-compliance with Chapter VII. is entirely the responsibility of the Lessee, the amount of which the Lessor is entitled to deduct from the amount of the Security Deposit, failing which it can be enforced against the Lessee in other ways. 6. It is prohibited to drive the vehicle:  without the permission to drive the vehicle issued by the Lessor,  in a businesslike manner for the transportation of passengers and/ or commodities (any public road traffic services) without Lessee’s express permission,  for racing or preparing (training) for racing,  be used to tow another vehicle, except for with the exception of a technical rescue and a properly installed trailers,  filling with fuel that is not suitable for the engine type,  use in case the of freezing/boiling/ and/or leakage of coolant and/or lubricants have been drained and/or frozenoils,  under the influence of alcohol, medicines or drugs influencing the ability to drive or to allow any person under the influence of such substances to drive the vehicle,  without special permission outside of the territory of the Member States of the European Union, with the exception of Switzerland and Norway,  without the Lessor’s prior written consent, in any European country outside of the territory theterritory specified above for the purpose of permanent settlement (i.e. for a continuous period exceeding 30 days). 7. The Lessee shall fully indemnify any and all loss arising from a breach of the terms of this clause VII/1-5 of the GTC, based on the Lessor’s applicable invoice, as well as all damage arising beyond those and to reimburse any payment obligations arising from such cases:  careless, unprofessional servicing of the vehicle not in factory-authorised service center, or failure to have servicing performedservice it in a brand service approved by the manufacturer of the vehicle according to the type of vehicle, careless, unprofessional, non-proper improper operation, or overburdening overloading, improper use of the vehicle, non-proper usage of the vehicle that is not in accordance with the terms of the rental agreementlease, special pollution contamination of the vehicle,  any damage in the vehicle occurring during the term of the rental agreement, if such damage arises from the Lessee’s and/or any other person’s fault, who are in the Lessee’s sphere of interest,  any payment obligations or damage arising from a failure by the Lessee and/or any other person who is in the Lessee’s sphere of interest to install proper tyres tires that are in accordance with the season, and which costs were not recovered elsewhere, any damage to the vehicle (repair costs) arising from amortisation amortization that is beyond normal wear and tear arising from proper use as intended of the vehicle,  any damage in the vehicle, which is a damage event of insurance, but the measure of the damage is not higher than the amount of the insurance excess,  should Lessor find any kind of shortage in parts, or the accessories and equipment specified in the Handover-Delivery Protocol,  losses arising from the vehicle being guarded or stored carelessly, or being abandoned, or if the key, ignition and GPS card are left in the vehicle,  payment obligations and/or losses arising generated by the vehicle not having been locked beenlocked when left or not having been parked/stopped in a public place in accordance with Traffic Safety Rules (KRESZ) or any local government regulations,  any losses to the vehicle, its parts and accessories if any key (ignition card) and/or the registration certificate (forgalmi engedély) of the vehicle and/or the documents suitable to certify the right of usage before an authority were left in the vehicle prior to the occurrence of the theft of the vehicle or if the vehicle suffers a total loss, is destroyed or is oris stolen for a reason for which the Lessee is liable,  the difference between the compensation paid by the insurance company in the case of a damage event and the amount determined in the annex of the rental agreement for the day on which the compensation of the insurance company is credited on the bank account of the Lessor,  in the case of a CASCO damage event when the vehicle becomes unusable (total damage) or is removed from the property of the parties (theft), the difference between the indemnification paid by the insurance company and the Lessor’s actual damage,  in case of any act or conduct by the Lessee or its facilitator or any person in the sphere of the Lessee’s interest that excludes or restricts the insurance company’s indemnification for losses,  if the Lessee has used fuels of a different kind and quality than that prescribed for the vehicle,  reimbursing all fines, charges, surcharges and penalties and other payment obligations - including related interests - arising from irregular parking, failure to pay, or insufficient payment of parking fees or road usage charges, as well as for all fines levied by any authority and payable on account of the commission by the Lessee or any person in the sphere of the Lessee’s interest of any offence or omission, even where the Lessee holds such charges to be unjustified and unwarranted. In such case, at the Lessee’s request the Lessor authorises authorizes the Lessee to act in the name and on behalf of the Lessor in reclaiming the illegitimately imposed amount but shall not be relieved of its obligation to fulfil its commitment to the Lessor. The Lessee agrees that in the above cases, if the Lessor is requested by the authority to provide information, it will send the information about the Lessee in the lease agreement to the competent authorities.  all payment obligations that arise from a violation of the applicable Road Traffic Rules or any rules or regulations entered by any authority. The Lessee agrees that in the above cases, if the Lessor is requested by the authority to provide information, it will send the information about the Lessee in the lease agreement to the competent authorities.  Any banking charges arising from the performance of any payment obligation in this clause (e.g. conversion cost), and the administration fee charged by the Lessor, the amount theamount of which is specified in the Schedule of Fees of the GTC. Lessee shall fulfil the payment obligation according to this clause, if some authority, parking association, other third party is entitled to determine such fee, in the amount which has been determined by such third party. Beyond this event the amount payable pursuant to this clause by clauseby the Lessee - in the absence of an agreement between the Parties - shall be determined by using a judicial expert in vehicles. The Lessor shall appoint the judicial expert with a notice of the appointment to the Lessee, as well as of the additional judicial experts acceptable to Lessor. .If the Lessee does not raise a written objection against the assigned judicial expert within five

Appears in 1 contract

Samples: General Terms and Conditions

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General rental conditions. 1. When using the vehicle, the Lessee shall observe all Hungarian and foreign laws, official requirements and traffic rules (“KRESZ”), for which it shall bear full liability. In the event that a fine or penalty is imposed due to non-compliance or violation of the above, such penalty or fine shall be deemed as a breach of contract by the Lessee and the Lessor shall be entitled to have the full amount thereof paid by the Lessee and to charge an administration fee to the Lessee for the extra work and related costs incurred, the exact amount of which shall be specified in the Schedule of Fees of the GTC. 2. The Lessee shall use, handle and preserve the vehicle and its accessories with proper care, in accordance with the user’s and operational manual concerning the type of the vehicle and the prescriptions of the manufacturer and importer. The Lessee shall bear full financial liability for any and all losses arising from non-observance of the aforesaid. 3. The Lessee shall handle the documents provided to it with due care, and preserve the same from damages. The Lessee shall protect the vehicle possessed and used by it from theft by all available means, including locking the vehicle any time when it is not used, even for the shortest time, turning on the alarm, not leaving valuables in the vehicle, parking the vehicle if possible at guarded or locked places, and otherwise act with increased circumspection when leaving the vehicle unattended. 4. The Lessee must not modify the vehicle or change its technical specification or make any change in the condition or value of the vehicle or its accessories which is beyond normal amortisation and wear and tear, in particular the Lessee shall not display any kind of advertisement on the vehicle and especially not transform the vehicle in such a way as to lose guarantee or warrantee. Lessee shall indemnify any damage arising from the breach of the obligations mentioned above. 5. The vehicle may be used exclusively with the permission issued by the Lessor, which permission shall constitute an inseparable annex of the rental agreement. 6. It is prohibited to drive the vehicle: without the permission issued by the Lessor, in a businesslike manner for the transportation of passengers and/ or commodities (any public road traffic services) without Lessee’s express permission, for racing or preparing (training) for racing, • be used to tow another vehicle, except for with the exception of a technical rescue and a properly installed trailers, • use in case the of freezing/boiling/ and/or leakage of coolant and/or lubricants have been drained and/or frozenoils, under the influence of alcohol, medicines or drugs influencing the ability to drive or to allow any person under the influence of such substances to drive the vehicle, without special permission outside of the territory of the Member States of the European Union, with the exception of Switzerland and Norway, without the Lessor’s prior written consent, in any European country outside of the territory specified above for the purpose of permanent settlement (i.e. for a continuous period exceeding 30 days). 7. The Lessee shall fully indemnify any and all loss arising from a breach of the terms of this clause VII/1-5 of the GTC, based on the Lessor’s applicable invoice, as well as all damage arising beyond those and to reimburse any payment obligations arising from such cases: careless, unprofessional servicing of the vehicle not in factory-authorised service center, or failure to have servicing performedservice it in a brand service approved by the factory according to the type of vehicle, careless, unprofessional, non-proper improrer operation, or overburdening overloading, improper use of the lease, special contamination of the vehicle, non-proper usage of the vehicle that is not in accordance with the terms of the rental agreement, special pollution of the vehicle,  any damage in the vehicle occurring during the term of the rental agreement, if such damage arises from the Lessee’s and/or any other person’s fault, who are in the Lessee’s sphere of interest, any payment obligations or damage arising from a failure by the Lessee and/or any other person who is in the Lessee’s sphere of interest to install proper tyres that are in accordance with the season, and which costs were not recovered elsewhere, any damage to the vehicle (repair costs) arising from amortisation that is beyond normal wear and tear arising from proper use as intended of the vehicle, any damage in the vehicle, which is a damage event of insurance, but the measure of the damage is not higher than the amount of the insurance excess, should Lessor find any kind of shortage in parts, or the accessories and equipment specified in the Handover-Delivery Protocol, losses arising from the vehicle being guarded or stored carelessly, or being abandoned, or if the key, ignition and GPS card are left in the vehicle, payment obligations and/or losses arising generated by the vehicle not having been locked when left or not having been parked/stopped in a public place in accordance with Traffic Safety Rules (KRESZ) or any local government regulations, any losses to the vehicle, its parts and accessories if any key (ignition card) and/or the registration certificate (forgalmi engedély) of the vehicle and/or the documents suitable to certify the right of usage before an authority were left in the vehicle prior to the occurrence of the theft of the vehicle or if the vehicle suffers a total loss, is destroyed or is stolen for a reason for which the Lessee is liable,  the difference between the compensation paid by the insurance company in the case of a damage event and the amount determined in the annex of the rental agreement for the day on which the compensation of the insurance company is credited on the bank account of the Lessor,  in the case of a CASCO damage event when the vehicle becomes unusable (total damage) or is removed from the property of the parties (theft), the difference between the indemnification paid by the insurance company and the Lessor’s actual damage, • pay special attention to the importance of using season-appropriate tires for vehicles with German registration plates! In the event of a damage event, if the vehicle did not have a tire suitable for the season, the insurer will not reimburse the damage, so the Lessee is obliged to reimburse the full cost of the repair! In addition, the Lessee is obliged to pay the full cost of repairing and repairing the damage caused outside the vehicle (including an undamaged vehicle, landmarks, etc.)! • in case of any act or conduct by the Lessee or its facilitator or any person in the sphere of the Lessee’s interest that excludes or restricts the insurance company’s indemnification for losses, if the Lessee has used fuels of a different kind than that prescribed for the vehicle, reimbursing all fines, charges, surcharges and penalties and other payment obligations - including related interests - arising from irregular parking, failure to pay, or insufficient payment of parking fees or road usage charges, as well as for all fines levied by any authority and payable on account of the commission by the Lessee or any person in the sphere of the Lessee’s interest of any offence or omission, even where the Lessee holds such charges to be unjustified and unwarranted. In such case, at the Lessee’s request the Lessor authorises the Lessee to act in the name and on behalf of the Lessor in reclaiming the illegitimately imposed amount but shall not be relieved of its obligation to fulfil its commitment to the Lessor. The Lessee agrees that in the above cases, if the Lessor is requested by the authority to provide information, it will send the information about the Lessee in the lease agreement to the competent authorities. • all payment obligations that arise from a violation of the applicable Road Traffic Rules or any rules or regulations entered by any authority. The Lessee agrees that in the above cases, if the Lessor is requested by the authority to provide information, it will send the information about the Lessee in the lease agreement to the competent authorities. • Any banking charges arising from the performance of any payment obligation in this clause (e.g. conversion cost), and the administration fee charged by the Lessor, the amount of which is specified in the Schedule of Fees of the GTC. Lessee shall fulfil the payment obligation according to this clause, if some authority, parking association, other third party is entitled to determine such fee, in the amount which has been determined by such third party. Beyond this event the amount payable pursuant to this clause by the Lessee - in the absence of an agreement between the Parties - shall be determined by using a judicial expert in vehicles. The Lessor shall appoint the judicial expert with a notice of the appointment to the Lessee, as well as of the additional judicial experts acceptable to Lessor. If the Lessee does not raise a written objection against the assigned judicial expert within five

Appears in 1 contract

Samples: General Terms and Conditions

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