BEERIDES ASSIGNMENT CONTRACT GENERAL TERMS AND CONDITIONS

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1 BEERIDES ASSIGNMENT CONTRACT 1. INTRODUCTION 1.1 The present general terms and conditions (hereinafter referred to as GTC ) set put the detailed terms and conditions of the assignment contracts to be entered into by and between BeeRides Gépjármű-kölcsönző Korlátolt Felelősségű Társaság (registered address: 8000 Székesfehérvár, Király sor 30.; company register number: , tax number: ; hereinafter referred to as Broker ) and the vehicle owner and operator persons entitled to use the vehicle under clause 3.1 (hereinafter referred to as Owner ) who wish to enter into an assignment contract with the Broker that refers to and includes the present general terms and conditions (hereinafter referred to as Assignment Contract ). 1.2 The Broker and the Owner shall conclude the Assignment Contract on the baisis of 45/2014 (II.26.) Government Decree on detailed rules for contracts between consumers and businesses with special regard to the rules concerning concluding agreements between distant parties Name, registered and postal addresses, telephone number and address of the Broker: BeeRides Gépjármű-kölcsönző Korlátolt Felelősségű Társaság (registered address: 8000 Székesfehérvár, Király sor 30.; company register number: , tax-number: ); Telephone: info@beerides.com The prevailing GTC in force is available under [URL] 2. SUBJECT OF THE CONTRACT 2.1 Subject of the contract: the services rendered by the Broker according to the present GTC 2.2 The Owner assigns the Broker to: (a) (b) offer his vehicle parked in the Broker s site at 2220 Vecsés, Lőrinci út 55. (hereinafter referred to as Site ) to its client(s) for concluding rental contracts and, if successful, enter into and conclude on behalf of the Owner a rental contract (hereinafter referred to as Rental Contract ) with its client(s) who wants to rent the vehicle (hereinafter referred to as Renter ) in accordance with the present GTC and with the general terms and conditions for rental contract attached as Annex 1 to the present GTC; and unless agreed otherwise, act on behalf of and represent the Owner at the Owner s risk and liability in all respects and to represent the Owner in the course of exercising the rights and fulfilling the obligations arising from the Rental Contract, including, but not limited to the 1

2 delivery of the vehicle to the Renter, the taking back of the vehicle from the Renter, the cleaning and washing of the vehicle, arranging the claim adjustment procedure in the case of any damage, full representation vis-à-vis the insurance companies affected in the damage or in any other manner, enforcing claims against the Renter and the acceptance of the rent due to the Owner under the Rental Contract. 2.3 The Broker provides additional services to the Owner in relation to the parking. 2.4 The Broker shall be entitled to decide on renting out the vehicle. The Broker does not guarantee that it will actually rent out the Owner s vehicle or that there will be any Renter who enters into a Rental Contract for the vehicle, and the Owner may not bring any claim against the Broker in this respect. 2.5 If this agreement between the Owner and the Broker qualifies as a consumer contract, with using the above services according to the present GTC the Owner explicitly acknowledges and accepts that a) the Broker has started to provide the services with the explicit and prior consent of the Owner; b) the Owner loses its termination right after provisioning of all the services according to the present GTC; c) the Broker is not obliged to hand over the present contract to the Owner neither in a printed form nor on electronic data carrier. 3. VEHICLE 3.1 The Broker enters into an Assignment Contract only with the owner or operator of the vehicle registered in the registration certificate or persons authorized by the owner or operator for using and renting out the vehicle, that is, only such a person may be the Owner pursuant to the contract. 3.2 The Broker will decide in its discretion whether it enters into an Assignment Contract for the vehicle offered by the Owner and shall not be obliged to give reasons. 3.3 An Assignment Contract may only be concluded if, inter alia, the vehicle has all the documents required for participation in road traffic; has a valid compulsory third party liability insurance; was manufactured in 2001 or later; has not run more than 350,000 kilometres; is in an appropriate technical and aesthetic condition; is suitable for safe operation; can be driven with a category B driver licence. 3.4 The Owner shall inform the Broker of all relevant circumstances relating to the technical condition or any error of the vehicle. The Broker reserves the right, but does not assume the obligation, to check the status of the vehicle. 3.5 The Owner hereby warrants that s/he complies with all applicable laws and other regulations with regard to the registration of the vehicle and its use and maintenance. 2

3 3.6 The Broker prepares photos and, if applicable, drawings of the vehicle upon or following the acceptance thereof, but before the conclusion of the Rental Contract (hereinafter referred to as Status Survey ), which aims to document the condition of the vehicle upon receipt and any possible injuries or aesthetic defects (scratches, paint defects, dents, etc.) that can be seen on the vehicle by visual inspection. This visual inspection may also take place in the absence of the Owner.The Broker sends the photos and the drawings, if any, made during the Status Survey at the express request of the Owner to the address provided by the Owner. The Status Survey applies to the status of the vehicle until the contrary is proven. The Broker informs the Renter of such aesthetic defects and injuries in the Rental Contract. The Broker shall in no case, however, be obliged to carry out an external visual inspection. The Broker s liability is hereby excluded. For the sake of clarity, any liability on the part of the Broker with regard to the roadworthiness and safety of the vehicle, is hereby excluded as well. This is hereby expressly acknowledged by the Owner and the Broker. 3.7 The Owner should not leave any values or movables (e.g., child safety seats, navigation equipment) in the vehicle, obviously not including the necessary accessories and devices of the vehicle. The Broker does not accept responsibility for any values or movables left in or any mobile accessories in the vehicle. The Broker provides a lockable cabinet or a separate box to the Owner to allow the Owner to place those movables that he does not wish to take with himself. A photo status survey is made about the objects placed in the box. The Owner shall not leave in the vehicle any weapons or other things the possession of which is prohibited by the law and shall not leave such in the lockable cabinet, either. The Broker s responsibility for the movables placed in the cabinet is limited as follows: the Broker is responsible up to a maximum of 25,000 HUF per child seat and its overall responsibility for all other objects (rather than per object) shall not exceed 25,000 HUF in total. 3.8 The Owner represents and warrants that he is the actual owner of the vehicle or the beneficiary of the operation right or he is authorized to use and rent out the vehicle according to clause 3.1, further, that no third party has any right over the vehicle that restricts, prevents or precludes the Owner s right of use or renting out with respect to the vehicle. The Owner shall pay all damage of the Broker and indemnify and keep the Broker harmless from and accept direct responsibility for any claim arising from or in relation to any breach of the warranty set out in this clause. 4. CONCLUSION AND TERM OF THE RENTAL CONTRACT. EXTENSION. 4.1 The assignment contract between the parties has been made on an electronic way. It enters into force when the Owner delivers (which is the obligation of the Owner) the registration certificate and ignition key(s) of the vehicle to the Broker. He shall also present the certificate of the vehicle s compulsory third party liability insurance, of which the Broker is entitled to make a photocopy. 4.2 The Owner authorizes the Broker to conclude the Rental Contract and exercise the rights and fulfil the obligations of the Owner arising from the Rental Contract. 4.3 The Rental Contract is made for the term defined therein. 4.4 Where the Rental Contract is made for a period of more than 30 days, either Party may terminate the Contract by 30 days notice at any time. 3

4 4.4 No extension of the Assignment Contract shall be valid unless requested by the Owner by e- mail to the address at least 12 hours before the original expiry and confirmed by the Broker by before the expiry of the original term. The Broker is not obliged to extend the Assignment Contract. 5. RETURN OF THE VEHICLE 5.1 Subject to the fulfilment of the Rental Contract by the Renter in full and as intended, the Broker returns the vehicle to the Owner upon the expiry of the Assignment Contract in the Site washed and clean, including the keys and documents received, as well as all the accessories and equipment, in the same condition in which it received. The vehicle will be returned with the same amount of fuel as it contained upon its receipt. The fuel quantity is determined in such a way that the tank is empty, or the fuel level is at least 1/8, 2/8, 3/8, 4/8, 5/8, 6/8, 7/8 or the tank is full, according to the vehicle s display. 5.2 The Owner shall take the vehicle back on the day the Assignment Contract expires. The Broker may return the vehicle only to the following persons: Who concluded the Assignment Contract as the owner or operator entered into the registration certificate or as a person authorized to use and rent out the vehicle. Who is so authorized by the owner or operator entered into the registration certificate or the person authorized to use and rent out the vehicle by filling and signing the power of attorney that can be downloaded from the which should be drawn up in the form of a document with full probative force.. Where the Assignment Contract was concluded by a person authorized to use and rent out the vehicle the Broker will return the vehicle to the owner or operator entered into the registration certificate only if the owner or operator credibly proves that the right of use of the person authorized to use and rent out the vehicle has ceased. 5.3 If the Owner fails to take the vehicle back after the lapse of 5 days from the expiry date agreed in the Assignment Contract and the Assignment Contract is not extended, either, the Owner shall pay a storage fee to the Broker at the rate of 350 HUF + VAT for each commenced calendar day from the 6th day of the original expiry date. The Owner shall in addition pay all damage of the Broker arising from the late take-back of the vehicle. 5.4 If the Owner does not take the vehicle back on the expiry date the Broker will store the vehicle for a period of 30 days from the expiry date, provided, that the return of the vehicle will be subject to the Owner paying all the relevant expenses incurred by the Broker (custody fees, storage fees, handling fees, etc.) in full. 5.5 If the Broker does not return the vehicle to the Owner upon expiry of the Assignment Contract it shall be liable to the Owner pursuant to clause 8 of these General Terms & Conditions. This provision does not obviously apply in cases where the vehicle is not returned because the Owner does not take the vehicle back for any reason. 5.6 If the Broker does not return the vehicle to the Owner upon expiry of the Assignment Contract because the vehicle had an accident or broke down or was stolen during the rent, the Owner may not bring any claim other than the provision of an exchange car against the Broker arising from the late return. 4

5 6. PARKING AND OTHER SERVICES 6.1 By concluding the Rental Contract the Broker commits to provide an open air parking lot for the vehicle parked by the Owner in the Site for the duration specified in the Assignment Contract. The Site is guarded and under camera surveillance, and is running continuously from 0 to 24 o clock. 6.2 Parking the vehicle on the Site is free of charge for the period specified in the Assignment Contract. 6.3 The traffic regulations apply in the Site area subject to the deviations in these general terms and conditions. The maximum speed in the Site area is 10 km/h. 6.4 The Owner should pay particular attention not to cause any damage in the Site or to the vehicles stored there or any persons staying there for any reason. For any damage caused to third parties the Owner is responsible vis-à-vis the third parties. The Owner shall also pay the Broker any and all damage arising from any third party enforcing a claim for damages against the Broker due to a reason for which the Owner is responsible. 6.5 Parking in the parking lot is directed by the Site personnel, who also help if necessary. The Owner acknowledges that the Broker may park the vehicle to another place or move it for other reasons. 6.6 The Broker undertakes to make the external washing and internal cleaning of the vehicle (excluding upholstery cleaning) free of charge. The Broker is obliged to clean the upholstery only if the upholstery has become dirty as a result of use by the Renter to a degree exceeding dirt arising from normal use as intended. 6.7 If the vehicle needs or may need periodic service during the term of the Assignment Contract the Owner shall inform the Broker of the need for periodic service in a way that he designated the latest date and odometer position until which the periodic service has to be carried out. The Broker may have the periodic service carried out with the approval and at the expenses of the Owner. The Broker accepts no liability for damages resulting from the failure of any periodic service if the Owner has not informed the Broker at all or properly of the need for the periodic service Where the Assignment Contract between the Owner and the Broker is made for a period not less than 30 calendar days and exchanging the tyres of the vehicle becomes due during the Assignment Contract (from winter tyres to summer or from summer tyres to winter tyres), the Broker may cause the tyre exchange to be carried out at the Owner s expense. Winter tyres should be fitted no later than 15 October, and fitting the summer tyres may be requested no earlier than from 15 March. 7. RENTAL OF THE VEHICLE 7.1 By concluding the Assignment Contract, the Owner declares that he has familiarized with the Rental Contract, including the annexes thereto, and acknowledged and accepted to be governed and bound by them. 5

6 7.2 In case the vehicle is rented out to a Renter the Owner is entitled to a rent for the period the Rental Contract is concluded, provided, that it is fulfilled. The rent shall be paid by the Renter and the Broker is entitled to receive the same. Pursuant to the Rental Contract between the Owner and the Renter, the rent due to the Owner will be calculated based on the number of kilometres run by the Renter by applying the fee per kilometre defined in the Assignment Contract. 7.3 By derogation from clause 7.2, where the Assignment Contract between the Owner and the Broker is made for a period reaching not less than 30 calendar days, the parties may agree in the Assignment Contract in a way that if the rent paid by the Renter(s) to the Owner during the entire term of the assignment is short of the monthly amount stated in the Assignment Contract (the Expected Rent ) projected for the whole assignment, then the Broker undertakes to pay to the Owner, under the title of penalty, the difference between the Expected Rent and the rent received from the Renter(s). In the case of such an agreement, the Owner shall be entitled only to the Expected Rent and waives any amount of the rent due to him based on the Rental Contract exceeding the Expected Rent, if any. The amount of the Expected Rent is set out in the Assignment Contract. In case of a fragment month, the amount of the Expected Rent will be calculated for the fragment month in a way that the monthly amount of the Expected Rent is by 30 and then multiplied by the number of calendar days the assignment is in effect in the fragment month. The Owner is not entitled to the Expected Rent for any day on which the technical condition of the vehicle does not in the Broker s opinion allow the renting of the vehicle and the Broker notified the Owner thereof by . The Broker shall transfer the rent collected from the Renter(s) to the Owner by the 7th day of the month following every calendar month and, in case such amount is short of the Expected Rent, the Broker shall pay the owner, as an accounting advance, the amount missing from the monthly amount of the Expected Rent. The final accounting between the parties shall take place at the end of the assignment, when the total amount of the rent due to the Owner and the amount of the penalty, respectively, is established. If the number of kilometres run by the Renter(s) exceeds the product of 80 km and the number of days covered by the assignment, the Owner is entitled to an extra rent over and above the Expected Rent for any kilometres above the product of 80 km and the number of days covered by the rental. The amount of the extra rent per kilometre is set out in the Assignment Contract. 7.4 The Owner is obliged to pay the taxes payable by him in relation to the rent and to comply with the tax laws. Where the owner is a legal person or an individual having a tax number or is renting out the vehicle in the context of the business of a private entrepreneur, the Owner authorizes the Broker to issue electronic invoices of the rent in compliance with the law to the Renter on behalf of the Owner, and the Broker shall send the invoice to the Owner by the 10th day of the month following the month in which the invoice is issued. Commercial leasing is hereby excluded. 7.5 The Broker makes out a CASCO insurance (the CASCO Insurance Contract ) for the vehicle. By concluding the Assignment Contract, the Owner declares that he has familiarized with the CASCO Insurance Contract, including the annexes thereto, and has acknowledged and accepted to be bound by them. During the term of this Assignment Contract, the insurance company will provide any service in relation to any insured incident concerning the moor 6

7 vehicle only based on the CASCO Insurance Contract, even if the vehicle is covered by any other CASCO insurance. As regards such insured incidents, the Owner may not claim services for the same risks under any other property insurance contract. Any damage caused to third parties by the operation of the vehicle will be paid based on the compulsory third party liability insurance made out by the Owner. 7.6 The Broker specifically draws the Owner s attention to that in the case of theft, the insurer will be exempted from the obligation of service if the Owner does not have all the factory keys of the vehicle or any other accessories and documents required by the insurer. 7.7 If the vehicle has an accident, breaks down, is damaged or stolen during the rental or damage is caused to the vehicle in any other way, the Broker will inform the Owner of the fact thereof by or telephone and discuss with the Owner whether the Broker can takes measures to transport the vehicle to the service and have it repaired. 7.8 If the vehicle has an accident, breaks down, is damaged or stolen during the rental or damage is caused to the vehicle in any other way, the Broker will arrange that the damage caused is reimbursed by the insurer based on the CASCO insurance the Broker obtained or by the Renter. The Renter is responsible vis-à-vis the Owner for any damage caused to the vehicle during the rent. 7.9 The Owner is required to notify the Broker within 24 hours if the Owner detects and damage of the vehicle after the vehicle was returned by the Broker. Otherwise, the Broker will not accept any complaint in connection with any damage to the vehicle If the Owner receives any notice or decision relating to any violation of the traffic or parking regulations during the period of the Assignment Contract, including, particularly, any notice or decision about any parking surcharge or administrative fine, he must send it to the Broker without delay. The Broker is not obliged to pay and cost or damage arising from any delay. 8. LIMITATION OF LIABILITY 8.1 Parties hereby definitely agree as follows: insofar as nothing to the contrary is stipulated in the following clauses, claims by the Owner due to the breach of an obligation under the contractual relationship are hereby excluded. 8.2 The foregoing limitations of liability shall not apply insofar as the Broker is liable under mandatory law, for example (1) due to loss of life, personal injury or damage to health which are attributable to a negligent or intentional breach of obligation by the Broker or one of the Broker s legal representatives or by one of the Broker s vicarious agents, (2) insofar as the cause of damage or harm is attributable to intentional behaviour or gross negligence by the Broker or one of the Broker s legal representatives or by one of the Broker s vicarious agents, (3) the Broker negligently breaches a fundamental contractual obligation whose performance is what makes the due performance of the contract possible at all and on whose compliance the contract partner may usually rely (cardinal obligation). 8.3 Insofar as the Broker negligently breaches a cardinal obligation, the Broker s compensation obligation shall be limited to the contract-typical, foreseeable damage and loss, insofar as 7

8 there has been no intentional or grossly negligent behaviour or the Broker is not liable due to loss of life, personal injury or damage to health. 9. DATA PROTECTION 8.1 By concluding the Assignment Contract, the Owner consents, on the basis of paragraph a) of Section 5(1) of the Info Act, to the Broker processing his personal data included in the Assignment Contract in accordance with the legal regulations during the following the term of the Assignment Contract, observing the principle of purpose limitation and other data protection principles, as long as its claim it may bring against the Owner under the Assignment Contract expires. The purpose of data processing is to exercise the rights and fulfil the obligations of the Broker arising from the Assignment Contract, to fulfil the statutory obligations and settle any disputes with the Renter or the Owner. The data controller is using Quattro General Kft-t (registered address: 2233 Ecser, Széchenyi utca 12.; company register number: ), operator of the Site, as the data processor. In addition to the Broker, the data of the Owner can by accesses by those employees of Quattro General Kft., acting as the data processor, who need to use them and only to the extent necessary to discharge their obligation to carry out data processing operations. The data controller and the data processor store the Owner s data securely in a way and on equipment protected against access by unauthorized persons. 8.2 By concluding the Assignment Contract, the Owner consents to the Broker disclosing his personal data to the acting authorities in petty offence, administrative and criminal proceedings and similar cases involving the vehicle. The Broker may be entitled to transmit the Owner s data to third parties with reference to its legitimate economic interest, of which it shall inform the Owner in all cases. The Owner may exercise his rights as the data subject at any time (e.g., request information of the data processed about him, request rectification of the data, or request the erasure or blocking of his data with the exception of data processing required by the law, etc.) by a letter sent to the Broker s registered address or by to the info@beerides.com address. In case of any complaint regarding data processing, the Owner is requested to contact BeeRides first at any of the above contacts. In case of a violation of his rights, the Owner may turn to the court or, in order to initiate an administrative procedure, the National Office of the Data Protection and Freedom of Information (contacts: Budapest, Szilágyi Erzsébet fasor 22/C.; ; ugyfelszolgalat@naih.hu). In case of initiating court proceedings relating to data protection, the Owner may also decide to initiate the lawsuit before the court competent for his residence or place of stay. 10. OTHER PROVISIONS 9.1 The place of performance is the Broker's Site. 9.2 The parties stipulate the exclusive competence and jurisdiction of the District Court of Tatabánya for any dispute arising from the contract. If the Owner is considered a consumer residing in a Member State of the EU, Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters may need to be applied. 8

9 9.3 Matters not regulated in these GTC are governed by the provisions of Hungarian law, excluding the conflict of laws provisions. 9.4 The present GTC enters into force on and is effective until withdrawn. The Broker publishes the amendments of the GTC on its official web site. 9.4 By, using the services the Owner confirms that he/she has read the present GTC, the general terms and conditions of the Rental Contract, as well as the CASCO Insurance Contract and its annexes, further, that he/she has accepted and agrees to be bound by them. 9.5 Should a provision of the GTC be or become invalid or unenforceable or not contain a necessary provision, the validity of the other provisions shall not be affected thereby. The invalid or unenforceable provisions are to be replaced by a legally-valid and enforceable provision or the lacuna are to be filled with a legally-valid provision which corresponds as much as possible to the parties intentions or what the parties intentions would have been in light of the aim and purpose of the present GTC had the parties realized the existence of the lacuna, respectively. Annex 1 General terms of rental contract 9