General Terms and Conditions
1./ Contracting parties:
First, Moto24. Motorkerékpár Kölcsönző Kereskedelmi és Szolgáltató Kft. as Lessor (registered office: 3580 Tiszaújváros, Pajtás köz 7. 4/3., company registry number : 05-09-031427, tax number: 24778035-2-05, independent manager Edina Balogh-Reményi, branch: 1012 Budapest, Alkotás utca 20-22.) hereinafter referred to asLessor
Second, the natural person who is named on the rental agreement, as Lessee, whose name and address are included in the rental contract, hereinafter referred to as Lessee
The Lessee, as the driver of the rented motorcycle can rent the vehicle only if he / she has an ‘A’ type driver license without any limitation. The Lessee, for a specified period of time (from the beginning of the rental until returning the motorcycle) is considered to be the temporary registered keeper of the vehicle.
The Lessee shall be entitled to sell the services been bought from third parties, unchanged, as mediated services.
2 / Conditions of booking:
a./ Documents for identification: the Lessee has to present valid and original documents such as ID card or passport, driver license, address card. The Lessee consents to get the above documents copied and retained by the Lessor, furthermore the personal information shall be managed under the provisions of the Data Protection Act.
b / Valid driver license:
The category ‘A’ driver license shall be valid until at least the end of the planned rental period.
c./ Bank card:
The Lessor accepts only embossed bank cards which will not expire for at least another 6 months after the end of the rental period. The bank card holder shall always be present at the signing of the lease agreement and of the documents relating to it and shall sign the declaration with legal effect associated to the use of the bank card.
d / Security Deposit:
The Lessee is obliged in all cases to pay a security deposit. The amount is variable depending on the type and value of the rented motorcycle. The amount of the security deposit is included in the current price list. There is no interest to be paid for the amount of the security deposit during the retention time.
The security deposit is primary collateral for the damages caused by the Lessee to the Lessor, for the subsequently payable fees, deficiencies. At the expiry of the rental contract the security deposit shall be refunded unless the Lessee’s payment obligation or the liability for the damages under the present Terms and Conditions exist. In this case the Lessor is entitled to satisfy his / her existing claim from the security deposit then to reckon with the amount of the security deposit to the Lessee within 60 days from the termination of the rental contract.
In case of theft, total loss or total destruction the Lessor is entitled to keep the whole amount of the security deposit. If the rented motorcycle is used at committing any kind of criminal act the Lessor may withhold the whole amount of the security deposit until the end of the court procedure and charge the arising costs on the Lessor even beyond the amount of the security deposit.
3./ Booking, period of booking, paying the booking fee:
a./ Booking, rental:
The final booking happens by paying the booking fee. Checking a period of time on www.moto24.huwebpage, in email, by phone or personally is to be considered as a pre-booking as long as the rental fee is not paid.
The pre-booking will be cancelled if the payment does not happen:
- in 24 hours in case of choosing the card payment (PayU) on www.moto24.hu,
- in 8 calendar days in case of choosing the transfer payment on www.moto24.hu-
Transfer payment will not be accepted if the Lessee is not Hungarian citizen, or the booking is coming from abroad.
b./ Period of booking:
The booking is always for a determined period, the base unit is 24 hours, namely 1 day. 1 day is the minimum of booking.
c./ Booking fee and payment:
If the Lessee is a Hungarian resident the booking fee can be paid in cash, by bank card or by transfer payment. In case of a transfer payment the payment will be considered to be paid if the amount has been credited on the no. 11742094-20185611 OTP Bank account of the Lessor.
If the Lessor is non-resident the booking fee can be paid in cash or by bank card.
d./ Refunding the booking fee:
The security deposit is always to be refunded.
The following refund is to be given from the booking fee:
4./ Content of the rental fee:
All the indicated booking and other prices include VAT.
- The charge for the time period of usage according to the price list,
- Unlimited mileage,
- Compulsory vehicle liability insurance,
- CASCO insurance (deductibles depending on the motorcycle)
- Maintenance, repair, refilling lubricants, providing suitable tires for the motorcycle
- Providing replacement vehicle (if the Lessor cannot provide a replacement vehicle the time proportional part of the booking fee will be refunded)
- Unlimited number of border crossings to EU countries.
5./ The rental fee does not contain:
- The cost of fuel,
- Tolls in Hungary and in other countries,
- Parking fees, ferry user fee, etc.
- The deductibles (insurance)
- Any additional costs which are not included in the basic service, so these are to be paid by the Lessee
6./ The Lessee is obligated to pay the following fees and costs to the Lessor:
- Refueling fee if the Lessee delivers the motorcycle back with less fuel (compared to the full tank as it was given). Refueling fee is 20 EUR/refueling, which is not related to the amount of fuel missing.
- In case of further use due to late delivery extra fee will be charged. After 1 hour delay 1 extra day shall be paid and if there is another 4-hour delay there will be an additional surcharge, as well. The surcharge shall be paid in addition to the rental fee and it is HUF 2.000 + VAT after each started hour
- The Lessee acknowledges that in case of a delay more than 12 hours – if the Lessor does not accept his / her explanation – the Lessor can report it to the police and can have a general alarm out for the motorcycle assuming that the Lessee has committed embezzlement violating the 317.§ of the Penal Code. The Lessor can do the same if he / she has other evidences establishing a presumption in accordance with the above
- If there is an evidence for that the Lessee did not use the required quality of fuel for the motorcycle, the Lessee shall pay for the damages resulting from this and also shall pay for the cost of the fuel
- Fines, costs, surcharges resulting from violating the KRESZ (Rules of the Roads), unauthorized use of highway furthermore additional cancellation costs of bookings because of the previous violations and the court fees if a legal procedure takes place.
- The prices of the documents of the motorcycle, number plate, registration certificate, default keys, first aid kit, default tool kit - received by the Lessee - based on the present price list in case of losing them or in case of their annihilation.
- The costs of the excessive wear resulting from the misuse of the motorcycle based on the present price list.
- Insurance against breakage or theft, breakage contribution reduction, the fee of personal accident insurance if the Lessee has used them and they were not included according to the Rental Contract and the through fare does not contain them.
- The cost of the back and forth transportation of the motorcycle according to the current price list if the Lessee wants to pick the motorcycle up and wants to give it back at another place, not at the office of the Lessor (3580 Tiszaújváros, Pajtás köz 7. 4/3.) according the details in the Lease Contract.
- Transportation cost - according to the current price list - back to the branch incurred because of the motorcycle has become inoperable due to an accident
- Deductibles and monetary damages regulated in the present General Terms and Conditions.
- All costs related to the take-back process regulated in point 10.
The rental fee of the motorcycle and the security deposit is always shall be paid in advance.
The rental fee of the motorcycle can be paid in cash, by bank card, by transfer payment to the account of Moto24. Motorcycle Rental and Commercial Services Ltd. The rental fee considered to be paid only if the amount has been credited on the bank account of the Lessor.
Until the transfer payment has not been credited on the account of the Lessor, the Lessor can refuse handing over the rented motorcycle.
The security deposit will be locked on a security deposit account until the end of the rental period.
Moto24. Motorcycle Rental and Commercial Services Ltd. has to issue an invoice about all cash flows in accordance with the current legal provisions in force.
VAT is always included on the invoice.
The invoicing data shall always be indicated by the Lessee in advance before any money transaction. Any accounting billing complaint can be accepted in 8 days from receiving the invoice.
In case of a transfer payment the fees and prices indicated in foreign currency will be exchanged into HUF according to currency selling rate of the Lessor’s account holding bank on the closing day of the Lease Contract. In case of paying by bank card the determining is the rate of the Lessee’s account holding bank.
9./ Handover and repossession of the rented motorcycle
Lessor hands the rented motorcycle over to the Lessee in appropriate technical and esthetical condition with the laid down accessories, default keys, original documents
At the handover the Lessor’s representative and the Lessee draw up minutes in the condition of the rented motorcycle, that it is damage-free, the odometer reading, accessories, etc.
The Lessee is required to return the rented motorcycle at the branch of the Lessor in the same technical and esthetical condition, damage-free, with all the accessories (documents, keys) as it was given and it was recorded in the minutes - taking the normal wear into consideration.
The motorcycle is always handed over with a full tank and it shall be returned the same way with a full tank. If the tank is not full the Lessee has to pay the cost of refueling. (point 6)
The Lessee is responsible for the condition of the motorcycle until the official returning process has not been done with the representative of the Lessor, with a handover list.
If the rented motorcycle is not returned during working hours (8:00 a.m. – 8:00 p.m.) then the handover process of the rented motorcycle, its accessories, and the technical status survey will take place the next workday during working hours. The Lessee has the right to be present at the process.
If the Lessee does not exercise this right he / she gives the opportunity up to disagree with the conclusion of the status survey what happened in his / her absence.
There is an existing payment obligation and liability regarding to the damages occurred during the rental period according to the present General Terms and Conditions, based on the conclusion of the status survey held in the absence of the Lessee.
10./ Usage of the rented motorcycle:
The Lessee shall use, operate and preserve the rented motorcycle and its accessories according to the guidance of the user’s manual with due diligence. The rented motorcycle can be used only on hard-surfaced roads. Every day the Lessee shall check the lighting devices, the liquid levels, the brakes and the pressure in the tires before using the motorcycle in order to ensure operational safety.
The Lessee shall take full and unconditional liability for damages of the engine, frame, braking system or any other part of the rented motorcycle in case of failures caused by non-application of the regulations, careless or improper usage.
The Lessee is obligated to protect the rented motorcycle and all its accessories against theft by using all possible means. So the motorcycle shall be locked when it is out of use and to be parked at a protected or closed place if it is possible. Due diligence shall be exercised when the motorcycle is left alone.
The Lessor shall not be responsible in any way for the damage or disappearance of the objects placed by the Lessee in the rented motorcycle.
Prohibited use of the motorcycle:
- to lease it out for a third party,
- to let any other (unauthorized) person drive,
- to operate the motorcycle while under the influence of alcohol or a controlled substance, or a prescription or non-prescription drug which could impair the operator’s ability to drive or to operate the vehicle,
- to continue riding of the motorcycle in case of a technical failure or shortage of liquid (motor oil),
- to instruct an unlicensed person in the operation of the motorcycle,
- to be operated for an illegal purpose, including transportation of a controlled substance or contraband
- to carry passengers or property for hire (tacitly or expressly)
- to be operate for off-road biking, using it at any motorsport racing events, including racing, contest or training,
- to be operated for a test drive.
The Lessee cannot leave Hungary on the rented motorcycle without the prior written consent of the Lessor. The consent shall be granted in the rental contract. In case of the violation of this provision, or the attempt for violating it the Lessor can immediately terminate the contract.
The Lessor is also entitled to immediately and unilaterally terminate the contract if the Lessee intentionally violates any of the obligations coming from the contract or from this Terms and Conditions. In this case the Lessor or a person who is certified to be the Lessor’s authorized representative has the right to take the rented motorcycle arbitrarily back from the Lessee.
The Lessee by signing the rental contract irrevocably contributes without any further condition to the taking back and returning of the rented motorcycle by the Lessor or a person who is certified to be the Lessor’s authorized representative. The Lessee states that in this case no resistance would be showed.
11./ In case of the technical failure of the rented motorcycle:
The Lessor agrees to pay the repair costs of the rented motorcycle if they occur during normal use.
The Lessee is obliged to contact the Lessor ( +36 70-219-7959, email@example.com ) and ask for measure if rescue is needed because of failure, or accident .
In case of technical failure of the Lessee can go to the nearest service center where he / she can get the rented motorcycle repaired without the prior written consent of the Lessor upto gross HUF 30.000 (EUR 100) on the Lessor's expense. The repair shall be made against an invoice, the invoice shall be issued for the name of the Lessor.
(Moto24. Motorkerékpár Kölcsönző Kereskedelmi és Szolgáltató Kft. Lessor (registered office: 3580 Tiszaújváros, Pajtás köz 7. 4/3.)
During the term of the rental the Lessor shall not be required to provide a replacement instead of the damaged motorcycle, in case of a traffic accident or theft occurring as a result of the behavior of the Lessee the Lessor may refuse to provide another motorcycle.
12./ In case of accidents with bodily injury or material damage the Lessee shall:
- call the police and in case of malicious damage or theft press charges at the police and hand the official document (police report) over to the Lessor,
- exercise due diligence in order to clarify the matter, obtain all possible data of those who are involved in the accident (the number plate of the other vehicle; the name and address of the driver of the other car; names and addresses of witnesses and contact to them; taking pictures, etc.),
- report any incident regarding to the rented motorcycle to the Lessor in 24 hours,
- ensure the safe keeping of the rented motorcycle on the Lessor’s expense – based on the required prior consultation with the Lessor,
- fill the accident statement out and pass that to the Lessor,
- the Lessee has no right to reach an agreement and the Lessee is not authorized to make any kind of acknowledging statements on behalf of the Lessor with legal consequence,
The rented motorcycle specified in the rental contract has third party liability insurance and full comprehensive insurance.
The insurance does not cover the damages of the tires and the damages caused by using improper fuel.
The Lessee is obliged to carry the keys and the registration certificate. In case of theft if the Lessee cannot hand the keys and registration certificate to Moto24. Motorcycle Rental and Commercial Services Ltd. over (registered office: 3580 Tiszaújváros, Pajtás köz 7. 4/3., company registry number: 05-09-031427, tax number: 24778035-2-05, independent manager Edina Balogh-Reményi, branch: 1012 Budapest, Alkotás utca 20-22.). If it gets proved by the inquest that the key of the motorcycle has been copied and the insurance company does not give reimbursement because of this, then the Lessee shall reimburse the total value of the motorcycle.
The Lessee acknowledges that he / she has total material liability for the damages of the rented motorcycle and for the damages caused by the rented motorcycle if the insurance company does not give a compensation or give only a partial compensation due to circumstances within the Lessee‘s control (for example: influence of alcohol, accident due to circumstances within the Lessee’s control, etc.)
In case of an incident the Lessee shall provide all necessary documents needed for the administration to Moto24. Motorcycle Rental and Commercial Services Ltd. over (registered office: 3580 Tiszaújváros, Pajtás köz 7. 4/3., company registry number: 05-09-031427, tax number: 24778035-2-05, independent manager Edina Balogh-Reményi, branch: 1012 Budapest, Alkotás utca 20-22.).
The Lessee according to the terms of deductibles in case of an accident due to circumstances within the Lessee’s control is obliged to pay the 10% of the gross value, but minimum HUF 50.000. If the total value of the incident is higher than HUF 500.000 than the Lessee is obliged to pay 10 % of the gross value of the repair cost, as compensation.
In the absence of the compensation from the insurance company – regardless to its reason. The Lessee is obliged to pay deductible as a compensation - fixed in the rental contract - if the rented motorcycle is returned with injury or damage occurred during the rental time.
If the insurance is not accepted then the Lessee has a total material liability for the cost of reconstruction in case of damage of the rented motorcycle due to circumstances within the Lessee‘s control or theft.
The Lessee accepts the computational data of the breakage or theft and in case of a possible later correction the Lessee is obliged to pay for the difference.
The Lessee shall pay the total amount, up the purchasing price of the motorcycle:
- for all damages occurred during the rental period if they are not insurance event,
- in case of theft or partial theft damage if the Lessee left keys and the registration certificate in the motorcycle,
- in case any act or behavior of the Lessee what rules out or limits the indemnity of the insurance company.
14./ Data privacy
The Lessor shall use data in connection with the identity of the Lessee and the data provided by the Lessee solely in proceeding the rental process, or for own sales and marketing processes. The data shall not be given out to a third party.
The Lessor is entitled to give the data of the Lessee out to a third party if the Lessor can start public proceedings in cases regulated in the present Terms and Conditions or if the data provided by the Lessee is false or in case of any other dispute between the parties.
By signing the rental contract and the associated documents (for example: strict liability statement) the Lessee consents to have his / her personal data and information related to it be given out to authorities and to other organizations in the process of the recovery of different types of fines or other surcharges.
To avoid the described procedures you are firmly asked to adhere to the speed limitations and the other regulations of the Road Traffic Act!
15./ Other regulations:
15./ Other provisions:
By signing the rental contract the Lessee unilaterally and irrevocably commits himself / herself to pay his / her payment obligation forthwith in cash (at the return of the rented motorcycle) in case of violating the provisions of the rental contract or the present Terms and Conditions.
The Contracting Parties during the term of the rental shall be obliged to cooperate. They shall immediately notify each other about all the important circumstances or obstacles which are significant regarding to the fulfilment of the rental contract. The notification can only happen in written form, such as SMS, email, fax, registered letter with acknowledgment of receipt sent to the mailing address designated by the Lessor which is to be considered ‘delivered’ 5 days after its posting even in the case if the letter arrives back to the sender after two delivery attempts with one of the following indications: ‘address not identifiable’, ‘moved to another address’, ‘addressee unknown’, ‘acceptance refused’, ‘obstructed delivery’.
In the case of a dispute arising from this contract the Parties appoint the exclusive competence and jurisdiction of the Budaörs District Court.
The Contracting Parties declare that if any of the provisions of the rental contract, the related documents or the present Terms and Conditions declared void they would conclude this contract even without this provision, so excluding the void provision all the other parts of the rental contract and the related documents and all their provisions are binding on the Parties.
Having read and understood present Terms and Conditions the Contracting Parties hereto have signed it as a proof of their willing granting the possibility to the Lessor for using name stamp for signing the documents.
Moto24.hu Kft. Lessor Lessee