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General lease terms and conditions

GENERAL LEASE TERMS AND CONDITIONS

for the fixed-term vehicle lease contracts concluded by DESTRA Korlátolt Felelősségű Társaság (registered office:H-3795 Hangács, Rákóczi út 43.; company registration number:05-09-022917, tax number:10233775-2-05 ), as lessor (hereinafter: “Lessor”)

1. General provisions

1.1. The General Lease Terms and Conditions (GLTC) contain the general provisions applicable to the individual vehicle lease agreements concluded between DESTRA Kft. as Lessor and the Lessee with whom it concludes a lease agreement (hereinafter: “Lessee”, collectively: “Parties”) for the vehicle selected by the Lessee. When applying these General Lease Terms and Conditions, lease agreement shall mean the individual lease agreement, the general lease terms and conditions and the tariff information together.

1.2. The purpose of the lease agreement is the temporary transfer of the right to use the vehicle that forms the subject matter of the lease against a fee, without transferring its title of ownership.

1.3. The subject matter of the lease is the passenger car selected directly by the Lessee prior to the conclusion of and specified uniquely in the lease agreement, together with its accessories and furnishings. The Lessor represents that the vehicle is its own property or it has the right to dispose of it fully under other contracts in effect.

1.4. The lease term shall start at the time when the leased vehicle is received and end when it is returned.

1.5. One lease day shall consist of 24 hours, starting from the time indicated in the lease agreement. The minimum lease term shall be one day, with a grace period of one hour (in case of a delay).

1.6. The Lessee may submit a request for extending the lease to the Lessor in person at least 24 hours before the lease term expires, or by phone or e-mail or via the Lessor’s website at least 72 hours before the lease term expires. Any extension of the lease term shall become valid only if the parties record and sign the extension, its time and term in the event of an extension agreed in person, or the Lessor approves the extension by e-mail and the Lessee submits the amended agreement after signing to the Lessor by e-mail in the event of an extension request submitted by phone, e-mail or via the website. On the other hand, the Lessor shall deliver/send the invoice for the lease for the extended period to the Lessee, and the Lessee shall pay the lease for the extended lease term. The Lessor shall not be obliged to extend the agreement. If the extension takes place in a certifiable manner, the agreement shall become invalid automatically, on the date of its expiry, with immediate effect.

2. Requirements of the lease concerning persons

2.1. In the event that the Lessee is a legal person, the prerequisite for concluding a lease agreement is the presentation of a company abstract dated no more than 30 days eaerlier, a specimen signature or sample signature from the person authorised to represent the legal person, or an authorisation from the legal person for the conclusion of the lease agreement given to a signatory not otherwise authorised to represent the legal person, set out in a public document or a fully conclusive private document, prior to the execution of the lease agreement.

2.2. Private individual Lessees and persons acting on behalf of a legal person Lessee shall certify their identity to the Lessor by a valid personal identity card and address card, or with a passport. The Lessee and/or the person acting on behalf of the Lessee consents that the Lessor may make a copy of their personal identification documents (personal identification card, address card, passport) and their driver’s licence, and may process their personal details within the framework set by law.

2.3. The vehicle may be driven only by the Lessee and by persons indicated in the lease agreement, authorised by the Lessor. Other than the Lessee, only persons having reached the age of 21 years, having held a valid driver’s licence for at least three years, and not having been reprimanded in any criminal or misdemeanour proceedings related to driving within the prior two years at the time of executing the lease agreement. Persons who have reached the age of 21 but not the age of 25 years at the time of executing the lease agreement may be authorised by the Lessor to drive the vehicle only against a surcharge. All drivers indicated in the lease agreement shall confirm their identity by presenting a valid personal identification card or passport, and their authorisation to drive by a valid driver’s licence, which shall be checked by the Lessor’s representative at the time of concluding the agreement.

2.4. Driver’s licences issued outside the European Union and not written in Latin letters shall be valid only together with an International Driver’s Licence.

2.5. Private individual Lessees explicitly state that they have full legal capacity, are not restricted in their capacity to conclude transactions, have not been reprimanded for the perpetration of a crime against property, and there are no criminal proceedings in progress against them at the time of concluding the agreement. Persons acting on behalf of a legal person Lessee explicitly state that there are no bankruptcy, liquidation, winding-up, involuntary deletion from the company register or deletion from the company register proceedings in progress against the legal person, they themselves have full legal capacity, are not restricted in their capacity to conclude transactions, have not been reprimanded for the perpetration of a crime against property, and there are no criminal proceedings in progress against them at the time of concluding the agreement. If any of the above proceedings are launched against a legal person Lessee during the lease term, the Lessee shall notify the Lessor about this without delay, and shall bear full liability for damages arising out of failure to give this notification.

2.6. A further condition for concluding the lease agreement is that the Lessee shall pay the security deposit amount indicated on the Lessor’s www.destra.hu website for each vehicle, specified individually for them, at the time of concluding the agreement, in line with the provisions of section 4.3.

2.7. By signing the lease agreement, private individual Lessees declare that, aware of their rights set out in Act CXII of 2011 on the right of informational self-determination and the freedom of information (hereinafter: Info Act), after receiving the information provided to them by the Lessor, they consent to the processing and possible transmission of their personal details included in the lease agreement obtained by the Lessor in connection with the lease agreement for the purpose of performing the provisions of the lease agreement. Lessees may request information from the Lessor about the processing of their details regulated under the Info Act, may request that their personal details be deleted, and may protest the processing of their data. Private individual Lessees understand that the Lessor may process their details registered with their consent by a proportional restriction to the right to the privacy of personal details, without further consent, and also after such consent is withdrawn. Lessees may protest the processing of their personal details to the Lessor in the cases set out in Section 21(1) of the Info Act; in the event their rights are violated, and in order to enforce their claim arising out of aggravated damages, they may resort to a court; and inthe event of an infringement of rights related to the processing of their personal data, they may resort to the National Authority for Data Protection and Freedom of Information. The Lessees represent that they have received clearand detailed information on their rights prior to the commencement of processing of their data, have understood and accepted that information, and understand that - unless otherwise provided by law - data processing will continue for five years after the lapse of limitations for enforcing rights and obligations.

3. Rights and obligations of the parties

3.1. The Lessor shall hand over the vehicle to the Lessee in a technical condition fit for traffic on public roads, in a clean condition, and the aesthetic and technical condition recorded at the time of handing over and taking over, together with the necessary accessories, furnishings and documents, and the Lessee shall return the vehicle in that condition as well at the end of the lease term.

3.2. Lessees shall be fully liable for the conduct of persons designated by them as drivers, and for the vehicle and its accessories and furnishings. Lessees and persons designated as drivers shall use the vehicle in line with domestic and international laws applicable to public road transport, in accordance with the operating and user manual for the type of vehicle, preserve its condition and its accessories and furnishings - particularly those specified in the individual agreement -, and handle its documents with utmost care. Lessees shall be liable for all damage incurred by violating the provisions of this section during the lease term, which are not recovered by the Lessor either under CASCO insurance or otherwise.

3.3. Lessees may use the vehicle only in the territory of Hungary, and in coutries covered by the CASCO insurance. Lessees may take the vehicle abroad, to the countries stipulated in the individual lease agreement covered by CASCO insurance with the Lessor’s prior written consent granted upon a prior request submitted at the time of concluding the individual lease agreement. The Lessor may refuse to grant permission for taking the vehicle abroad without giving a reason. The Lessees understand that in the event of using the vehicle abroad, any technical rescue may incur a delay subject to distance.

3.4. When leaving the vehicle behind, Lessees shall lock the vehicle, keep its car document and keys with them at all times, protect it against theft using all possible means available to them, and park it preferably at guarded or closed locations. If theft cannot be settled under the CASCO insurance as an insurance claim due to a reason within the Lessee’s control, that Lessee shall refund the total fair market value of the vehicle. In the event that the ignition key (service key), the car document or the licence plate is lost, all costs arising out of their replacement and all damage arising out of this shall be borne by the Lessee.

3.5. It is prohibited to

  • sell, gift, lend for further utilisation, in particular for rent or loan the vehicle to third parties, provide it as security or encumber it with a pledge;
  • use the vehicle for passenger or freight transport in a businesslike manner;
  • allow persons unauthorised to drive or being under the influence of substances with a detrimental effect on driving abilities (alcohol, medication, drugs, etc.) or unable to drive due to illness to drive the vehicle;
  • use the vehicle for training, racing, towing, test driving or for other activities other than its purpose;
  • and it is prohibited to smoke in the vehicle.

Lessees shall bear all costs and damage arising out of the cases listed above and the liquidated damages set out in these GLTC in full.

3.6. Lessees shall fill the vehicle with fuel as required by the given vehicle’s system of operation, of a quality set out in the factory recommendation for the vehicle, request a receipt/invoice about all instances of filling the vehicle with fuel, and present such receipts/invoices to the Lessor upon returning the vehicle. Lessees shall bear the cost of all failure arising out of improper fuel filling in connection with acting other than set out above (fuel replacement, repairs, etc.). Lessees shall return the vehicle to the Lessor with the quantity of fuel recorded at the time of handing over. If the fuel level upon collecting the vehicle on return is lower than the quantity recorded on handing over, the Lessee shall pay the price of the fuel topped up plus a one-time HUF 5,000+VAT as a filling charge to the Lessor.

3.7. The Lessor shall not be obliged to conclude an agreement - in spite of a prior boking - and may refuse to lease the vehicle without reason if it deems that payment of the lease fee, proper use of the vehicle and/or the preservation of its condition by the Lessee is not ensured.

3.8. Lessees shall notify the Lessor about changes in their mailing address, e-mail address and contact telephone numbers indicated in the lease agreement without delay. Lessees understand that the Lessor shall deem registered mail sent to them as delivered on the 5th day from the date of mailing as confirmed by the post office, and e-mail as delivered at the time it becomes accessible for the Lessees.

3.9. In the event of an accident, theft or breaking and entering entailing personal injury or damage to property exceeding HUF 15,000, Lessees shall request police action and initiate police proceedings. If the person involved is a foreign national, seeking police action shall always be mandatory. Lessees shall complete the documents required for damage settlement. In the event that the insurer refuses to fully cover the damage in the absence of the documents mentioned above or an omission in completion, the Lessee shall indemnify the Lessor for all damage incurred. Lessees understand that the adminsitration related to the assessment of damage by the insurer and all other administration related to the damage in a vehicle that was returned with damage shall be arranged by the Lessor. Only the Lessor may arrange for aving the vehicle repaired. Lessees shall be available to the Lessor in connection with all damage during the lease term, provide a detailed report about the damage/accident, and make a statement (before e.g. the insurer or authorities or the court) upon request if necessary.

3.10. The vehicle shall be handed over at a location specified as free of charge on the Lessor’s website, and if a Lessee wishes the vehicle to be handed over at another location - specifying a place either within or outside of Hungary - the Lessor may charge a fee of HUF 250/km but minimum HUF 5,000+VAT for the return trip between that specified location and the Lessor’s site.

Upon handing over the vehicle, the Lessee and the Lessor’s employee present shall record the details of the leased vehicle relevant for the lease, such as condition upon handing over, mileage and fuel level, etc.

4. Lease fee, security deposit, guarantee

4.1. The Lessee shall pay the full lease fee including value added tax for the vehicle selected by them applicable to the lease term, and shall pay the security deposit amount specified individually for the given vehicle, indicated on the www.destra.hu website. No lease fee shall be due to be repaid for leased vehicles returned within the lease term. If the lease agreement is extended, the lease fee for the extension period shall be paid in a single sum in advance on the date when the lease agreement is extended. In the event of a long-term lease exceeding 30 days, the Lessee shall pay the lease fee for the given month by the 1st day of the given month to the Lessor, and the lease fee for any partial month shall be added to the first lease fee. The Lessor shall issue an invoice for the lease fee. In case of a delay, the Lessee shall pay late charges at a rate equivalent to double the daily rate for the given vehicle to the Lessor.

4.2. The Lessee may pay the lease based on the invoice issued by the Lessor, in cash, or by credit/debit card with prior notice, or by using the online payment facility available on the www.destra.hu website. The lease fee may be paid in cash in HUF or in EUR. In case of credit/debit card or online payment, the lease fee shall be accounted for in HUF, in that case the amount quoted in EUR is informative. At exchange the K&H Bank valid by rate in used. For all methods of payment, the security deposit shall be accounted for on a HUF basis.

4.3. Lessees shall enable blocking the amount of the security deposit on the current account associated with the credit/debit card and payment directly to the Lessor out of the amount thus frozen by providing the necessary details of the credit/debit card and any other statements that may be requested by the banks, and the Lessee expressly and irrevocably consents to this. In this event, the security deposit amount shall be blocked on the current account associated with the Lessee’s credit/debit card based on a blocking request submitted to the Lessee’s bank. Lessees agree to arrange for obtaining the applications, statements and forms required for blocking the security deposit amount and for satisfying the Lessor’s claim directly out of the amount blocked with its account managing bank prior to picking up the vehicle. Furthermore, Lessees shall obtain and complete the unique form for the prompt collection of amounts not covered by the security deposit from their account managing bank, and submit one copy of it to the Lessor. If the Lessee fails to satisfy this obligation - for enabling further prompt collection - they shall pay liquidated damages at an amount equivalent to three times the amount not covered by the security deposit.

4.4. At the time of consenting to the blocking of the security deposit set out in subsection 4.3, lessees shall expressly and irrevocably consent that any costs, fines, damage and liquidated damages incurred during the lease term and listed in this section may be paid directly to the Lessor, with an invoice to be issued and sent to the Lessee by the Lessor at the same time.

The security deposit provided by the Lessee serves to secure indemnification for damage to the vehicle that is not refunded by any other party, particularly in respect of damage occurring due to the Lessee’s fault that are not covered by CASCO insurance (such as the wilful causing of damage, drunk driving, loss of keys in case of theft, etc.).

On the other hand, any fines and penalties (such as for speeding, parking without a ticket or unpaid toll) incurred during the lease term shall also be deducted primarily from the security deposit, as set out in subsection 6.4.

Thirdly, the Lessee understands and explicitly agrees that the Lessor may satisfy any possible further claims against the Lessee arising out of the following out of the security deposit amount:

4.5. On account of any pending issues related to the Lessee’s liability for damages or other debts (such as speeding ticket, parking ticket, highway tolls, liquidated damages), the Lessor may withhold the security deopsit amount for 60 days after collecting the vehicle returned but - in the event it is found (whether in an inspection upon collecting the vehicle returned or afterwards) or stated by the Lessee upon returning the vehicle in the “note on returning the vehicle” section by the Lessee that the vehicle was involved in an accident due to the Lessee’s or any other party’s fault - at least until the damage settlement (or possibly civil lawsuit) and/or the misdemeanour, criminal or administrative proceedings are concluded.

The Lessor shall arrange for releasing the block on the security deposit amount - if it is not used - on the 60th day that follows the contractual return of the vehicle. The Lessor shall have no liability other than proposing a lift of the block in connection with the amount blocked and with further actions to be taken with the bank.

If the remaining balance of the security deposit after accounting for liquidated damages, fines and penalties remains below the amount of franchise specified in sections 5.7 and 5.8 of the GLTC, the Lessee shall top up the security deposit without delay - no later than within 48 hours after being instructed by the Lessor to do so - before the damage settlement procedure is concluded, and irrevocably consent that the Lessor may charge the difference to their credit card/bank account in arrears. If the Lessee fails to satisfy this obligation to top up the security deposit they shall pay liquidated damages at an amount equivalent to three times the amount missing from the security deposit.

Once the amount of costs, liquidated damages and damage amounts have been deducted from the security deposit after the damage settlement procedure has been concluded, the Lessor shall arrange for lifting the block on the security deposit in respect of any remaining balance.

4.6. In case the Lessee is a legal person, the person who specifically uses the vehicle as indicated in the individual lease agreement shall provide suretyship to the Lessee for the prompt payment of all liabilities arising out of the lease agreement. Persons who provide the suretyship shall sign the lease agreement as surety.

4.7. In the event of a long-term lease, the Lessor may unilaterally amend the lease fee in the absence of a statement of acceptance by the Lessee and an amendment to the agreement in the case of an increase in the VAT rate, the emergence of new taxes or duties concerning the subject matter of this agreement or a raise in insurance premiums for damage caused by the insured party, and the Lessee expressly accepts this.

5. Mandatory vehicle reviews, repairs, damage

5.1. The lease fee shall include the costs of maintenance and repair related to proper use with the average daily mileage indicated in the specific offer for the given vehicle and calculated pro rata for the lease term. In case of excess mileage, a fee set out in the table shown on the Lessor’s website subject to vehicle type shall be invoiced at the time of returning the vehicle, and the Lessee shall pay this fee.

5.2. The Lessees shall present the vehicle for an inspection at the Lessor’s site upon reaching the vehicle mileage to be determined at the time of concluding the lease agreement but at least once a month. The Lessee shall notify the Lessor without delay if the vehicle indicates a need for the next scheduled maintenance. Should the Lessee fail to observe these obligations, they shall pay the standard daily list price for the given vehicle category for every 100 km commenced after exceeding the tolerance, plus shall bear all consequential damage caused by the excess. The Lessor shall provide a replacement vehicle for the Lessee in lieu of the vehicle submitted for inspection - if the duration of the inspection exceeds six hours - provided the Lessee has notified of coming in for the inspection at least seven workdays in advance.

5.3. The Lessees shall notify the Lessor about any failure in the mileage counter without delay. If such notification is not given, or the seal or lead seal of the mileagecounter has been tampered with, or the counter device has been evaded or turned off in any manner, the Lessee shall pay double the daily lease rate based on the then applicable list price for the entire lease term, plus liquidated damages at an amount equivalent to 10% of the market value of the vehicle and the total cost of repairing the vehicle.

5.4. The Lessees may not perform or have performed any repairs on the vehicle - apart from the refill of liquids required for proper operation and repairs absolutely necessary for moving on (such as topping up the oil level or fixing punctures) - without the Lessor’s consent. If the cost of troubleshooting absolutely necessary for moving on was paid by the Lessee, the Lessor shall cover the amount of such repairs up to an amount of no more than HUF 15,000 against an invoice issued to the Lessor’s name. After being notified by the Lessee, the Lessor shall arrange for fixing the vehicle’s failure at the earliest time possible.

5.5. The Lessor represents that the vehicle subject to the lease has compulsory motoring liability insurance required by law and CASCO insurance. The comprehensive CASCO insurance taken out for the leased vehicle covers only the vehicle but does not apply to the passengers travelling in the vehicle and their luggage. The CASCO insurance is valid only in Hungary and the countries indicated under the terms of the CASCO insurance. In the event of use in areas not permitted, the Lessee shall indemnify the Lessor for the total damage.

5.6. In the event of any technical failure or damage to the vehicle during the proper use of the vehicle, the Lessee shall notify the Lessor without delay while arranging for the safe placement of the vehicle to the extent they may be expected to. If the vehicle becomes temporarily inoperable due to an accident suffered, the Lessor shall provide a replacement vehicle to the Lessee with unchanged conditions. After damage due to the Lessee’s own fault, a replacement vehicle may be provided on the Lessee’s request only after payment of the franchise, and the Lessee shall assume delivery costs. In the event of damage due to the Lessee’s fault, the Lessee shall pay the lease fee for the damaged vehicle also for the period of repairs, in addition to which they shall also pay the lease fee for the replacement vehicle in parallel, for no longer than until the damaged vehicle is restored. Once the damaged vehicle has been restored, the Lessor will take back the replacement vehicle and hand over the restored vehicle to the Lessee.

5.7. If it is not possible to settle restoration of the damage incurred under the liability insurance of a third party in the event of damage to the leased vehicle caused by a third party’s fault, the Lessee shall pay 20% of the net amount shown in the invoice for repairs but at least HUF 150,000 as franchise to the Lessor, no later than at the time of receiving the invoice for the repair. In the event of damage, the Lessor may withhold the amount blocked on the Lessee’s credit card and bank account in its entirety for the complete period of repairs or until the exact amount of the cost of repairs becomes known.

5.8. In the event of total damage and theft, the franchise payable by the Lessee shall be 10% of the vehicle’s list price up to the vehicle’s age of one year, after which the amount of franchise payable shall be reduced by 1% for each year started as the vehicle’s age progresses. The rate of reduction shall be calculated by standard interest and not by compound interest in any case. In the event that the vehicle is stolen, the Lessee shall pay the franchise to the Lessor within no more than 72 hours calculated from the date of the theft even in the absence of a resolution on the conclusion of the investigation. If, in the event of theft or total damage, the amount set aside as security deposit fails to cover the franchise for the vehicle specified above, upon the Lessor’s request, the Lessee shall obtain and complete the unique form for the prompt collection of amounts not covered by the security deposit from the Lessee’s account managing bank, and submit a copy of it to the Lessor. If the Lessee fails to satisfy this obligation - for enabling further prompt collection - they shall pay liquidated damages at an amount equivalent to three times the amount not covered by the security deposit.

In case of damage to glass, the Lessee shall bear 20% of the damage amount. For damage events where the insurer makes a deduction from the amount of compensation or fails to pay compensation, the Lessee shall bear the amount thus not covered, and the Lessee irrevocably consents to this.

In the event of damage to or the absence of items that cannot be subject to CASCO insurance (antenna, bottom plate and parts underneath, interior space, tires, wheel rims, external mirrors, etc.) the costs shall be borne by the Lessee in full.

6. Returning the vehicle

6.1. Upon returning the vehicle, the Parties will record minutes together, and shall certify authenticity of the minutes by signing the minutes. When the lease term expires, the Lessee shall return the vehicle to the Lessor at the location specified in the agreement or specified by the Lessor for returning the vehicle, within the Lessor’s business hours, between 8.00 a.m. and 6.00 p.m. Monday to Friday, together with all accessories and documents received - except for normal wear and tear - in the condition te vehicle was in at the time of receiving it, free of damage and failure, in an operational and clean condition, otherwise the Lessor may use the security deposit to cover such costs and invoice such costs to the Lessee. The lease term shall expire on the day specified in the agreement for returning the vehicle, at the same time (hour, minutes) when the vehicle was handed over. In the event that the Lessee wishes to take over from or return the vehicle to the Lessor outside working hours, between 6.00 p.m. and 8.00 a.m., during the weekend or on a non-working day, there will be a surcharge of HUF 5,000+VAT per instance for such handing over or return. The Lessee may hand over the vehicle only to the Lessor’s staff members, and may not return it to any repair shop, airport, hotel door service, third parties, etc. Lessees shall have full liability for damage arising out of delivery to unauthorised persons. The vehicle shall be handed over at a location specified as free of charge in the individual agreement or on the Lessor’s website, and if a Lessee wishes to return the vehicle at another location, the Lessor may charge a fee of HUF 250/km but minimum HUF 5,000+VAT for the return trip between that specified location and the Lessor’s site.

6.2. In the event that the Lessee returns the vehicle to the Lessor with a delay, they shall pay liquidated damages at an amount equivalent to double the daily rate of the lease fee for each day commenced. If a Lessee returns the vehicle beyond the grace period specified in subsection 1.5 of the GLTC, or wishes to return the vehicle to the Lessor outside the Lessor’s working hous, this shall be deemed to be a delay in return. However, if the Lessee returns a vehicle handed over to them outside working hours at a time that corresponds to the time the vehicle was handed over, that is, outside working hours on the day of return after the lease term expires, this shall not be deemed to be a delay in return. In this case, as set out in section 6.1, the lessee shall pay the fee for handing over outside working hours and returning outside working hours to the Lessor but not the late charges.

In the event that the Lessee fails to return the vehicle immediately after the lease term expires, in addition to the Lessee having to pay the late charges specified in this section (at a rate equivalent to double the daily rate of the lease fee per day), the Lessor may arrange for removing the subject matter of the lease without prior notice - even by involuntary collection - with concurrent notice to the Lessee. In the event the vehicle is equipped with satellite tracking, the Lessor may identify the vehicle’s location based on the satellite tracking equipment in the vehicle. In the event that the Lessee fails to return the vehicle that is the subject matter of the lease to the Lessor when the lease expires and arrangements need to be made to return the vehicle pursuant to this, the Lessee waives the right to protect property in this respect vis-a-vis the Lessor.

The Lessee shall refund all costs arising out of non-contractual return.

If the Lessee fails to return the vehicle immediately after the lease term expires and fails to provide an appropriate excuse to the Lessor, or if no other circumstance implying an excuse arises, the Lessor shall presume that the Lessee has perpetrated embezzlement in respect of the vehicle as set out in Section 372 of Act C of 2012 on the Criminal Code (Criminal Code), and may file a complaint against the Lessee with the police and have the vehicle wanted.

6.3. If the accessories of the leased vehicle handed over are missing or damaged, the Lessee shall pay the cost of replacing them. If the vehicle is returned with excess dirt (outside and/or inside), the Lessee shall pay an extra cleaning cost at an amount of HUF 100,000. The parties shall record the excessive dirt on the vehicle in an itemised manner in the minutes. In the event of damage and contamination caused by smoking, experienced in the course of returning the vehicle (including unpleasant odours caused by smoking), the Lessee shall pay 30 times the highest daily rate of the lease as liquidated damages.

The Lessee shall assume full liability for misdemeanours committed during the lease term (such as speeding, parking, toll fee, other misdemeanours, etc.) and understand that the costs of these shall be borne by them, and consent that their details may be disclosed in connection with police and misdemeanour proceedings, and permit the amount of the fine - plus the administration fee - to be deducted from the security deposit.

6.4. Payment of fines and penalties generated while the vehicle is in the Lessee’s possession shall be borne by the Lessee. Fines and penalties shall be handled on the following basis:

The Lessor shall notify the Lessee about the fine/penalty by e-mail immediately but no later than within two workdays of receiving the fine/penalty and any misdemeanour, and send theoriginal payment notice and cheque to the Lessee by mail, and the Lessee shall make payment to the relevant recipient directly.

In the event that the Lessee fails to pay the fine/penalty and the Lessor receives another payment notice and cheque, possibly for an incremented amount, the Lessor may invoice an amount equivalent to triple the amount of the incremented fine or penalty to the Lessee, to be primarily deducted from the security deposit, provided it is still available to the Lessor. The Lessee understands that when contacted by authorities, the Lessor may disclose details of the Lessee and of individual drivers to the authorities.

7. Termination of the lease agreement

7.1. The lease agreement shall be terminated when its fixed term expires. The fixed-term lease agreement shall not be converted automatically into a lease agreement for an indefinite period of time even if the subject matter of the lease continues to be used after the lease term, and the Parties expressly exclude the possibility of this. The lease agreement may not be terminated by ordinary termination.

7.2. The contracting parties may terminate the lease agreement with immediate effect if the other party seriously breaches an obligation arising out of the agreement. In the event of a serious breach of agreement by the Lessee, the Lessor may terminate the agreement with immediate effect, in which case the lease agreement will be terminated on the date when the statement on termination with immediate effect and the Lessee shall return the vehicle that forms the subject matter of the lease to the Lessor’s possession in the shortest way possible, without delay.

The following shall be deemed to consist serious breaches by the Lessee in particular:

  • if the Lessee fails to properly use the vehicle,
  • if the Lessee fails to observe the rules of operation, and fails to conserve its condition, perform repairs or ensure property protection;
  • if the Lessee impedes the Lessor in exercising control rights,
  • if the Lessee fails to submit the statement authorising prompt collection when instructed by the Lessor;
  • if the Lessee behaves in a manner that infringes the Lessor’s interests, in particular removes or encumbers ownership of the subject matter of the lease or attempts to alienate, encumber or exploit it, or fails to take the measures necessary to protect the owner’s interests,
  • if the Lessee fails to fulfil its data provision obligation set out in the agreement or provides untrue data, or provides misleading or untrue data or hides data at the time of concluding the agreement or at any time afterwards,
  • if the Lessee fails to report changes in their details (in particular, registered office, representation, contact possibilities) or reports untrue changes within the 5 workdays after the change specified as the deadline,
  • if bankruptcy, liquidation, winding-up, involuntary deletion or deletion from the company register proceedings are instituted against the Lessee, the Lessee becomes subject to foreclosure, or the Lessee’s financial situation is threatened in a way that makes it likely that the Lessee will be unable to meet payment obligations. In particular, information (such as company or bank information or inquiries by authorities) that may be confirmed to show that the Lessee is insolvent or is delinquent in paying overdue liabilities, or may be foreseen to become unable to meet payment obligations in the future may be evidence for such a threat to the Lessee’s financial position.

8. Closing provisions

8.1. The contracting parties shall strive to settle any dispute arising out of the lease agreement by amicable negotiations. Should such negotiations fail to bring results, the parties shall submit the dispute to the exclusive competence of the Permanent Court of Arbitration (Budapest) for litigation, and the applicability of Hungarian law. The parties declare they shall submit to the procedures of the Court of Arbitration.

8.2. Issues not regulated herein shall be governed by legislation in effect and the requirements of the Civil Code. Having carefully studied the agreement, the Parties sign it in mutual consent.

8.3. At the time of executing this agreement, the Lessee understands that the vehicle may be equipped with satellite vehicle tracking equipment, of which the Lessor shall inform the Lessee at the time of executing the lease agreement.

8.4. Aware of their criminal liability, the Lessee represents that the details provided by them are true and fair.

8.5. The Lessee agrees to use the leased vehicle with the utmost care.

8.6.The Lessee represents that they have read the General Lease Terms and Conditions, have understood and agree with their contents and recognise their provisions as binding on them, and also represents that the items set out in subsections 2.3; 2.6; 3.5; 3.6 3.9; 3.10, section 4 and subsections 5.2; 5.6; 5.7; 5.8; 6.1; 6.2; 6.3 and 6.4 have been discussed with them individually, have understood and expressly agree with those provisions and signs the agreement in confirmation of this.

Effective from: 16 April 2018

DESTRA Kft.