GENERAL CONDITIONS OF CONTRACT
E-Magine Travel Services Limited Liability Company (seat: 1085 Budapest, Mária utca 12-14. I/8., registry number: 01-09-295484, tax number: 25905074-2-42, email: email@example.com, represented by: Ferenc Farkas as managing director), hereinafter referred as the Lessor, is the owner of the properties indicated in the statement as the attachment of the general condition of contract (referred to as GCC).
1. Contracting parties agree that the Lessor lets out to lessee (hereinafter referred to as Lessee or User) and Lessee rents the properties together with its accessories and component parts indicated in the statement as the attachment of present GCC on date of signing the statement.
2. Lessor guarantees that property is technically suitable for proper use under the period of the lease, and there is no third party who is entitled to restrict the usage of it.
3. Lessee declares that he has received the property in fully working condition and was fully informed regarding the property’s technical attributes and handling by the Lessor.
4. Lessee is obliged to use, handle and protect the property and its equipment with due diligence. Lessee is responsible for any direct or indirect damages derived from the violation of the mentioned obligations.
5. Regarding the property it is expressly forbidden:
– to rent out or to hand over the driving to any third persons without the prior written permission of the Lessor,
– to use it for commercial transport of persons or goods without the permission of the Lessor and competent authority,
– to use it for racing
– to use it to tow another vehicle without the permission of the Lessor and competent authority,
– to drive it under the influence of alcohol, medication or drug or to let another person drive under the influence of alcohol, medication or drug
– to take it outside the Operating Zone defined by Lessor without the prior written permission of the Lessor.
6. Contracting parties agreed that Lessor is obliged to provide technical rescue if needed. In case of technical breakdown, the Lessee is not entitled to repair the property without the permission of the Lessor.
7. Parties agreed that Lessee is obliged to inform Lessor about any unexpected event and Lessee is also obliged to firstly inform the Lessor in case of damaging or theft of the property. In case of accident, Lessee must be bound to exercise due diligence, do everything possible to obtain the data of the persons involved in the accident (for example: registration number of the other vehicle, name and address of the driver, name and address of the witnesses, witnesses’ statements, photos). In case of accident, Lessee is not entitled to enter into any kind of agreement with the other persons involved and is not entitled to make any formal statement.
8. Lessor is not responsible for damages perpetrated by Lessee arising from technical breakdown or from lack of diligent use of the property.
9. In the case of damages arising from theft, Lessee is obliged to pay market value of the property for the Lessor.
10. Lessee is fully responsible for minor offences (irregular usage of the road, other misdemeanors, etc.) committed under the period of the lease agreement.
11. Parties agree that if Lessee does not return the rented vehicle by the end of the period of the lease and does not modify the period of the lease, the Lessor will be entitled to presume that a crime was committed regarding the property, and also entitled to report a criminal offense committed by Lessee to the police.
12. Lessee acknowledges the following age limitations regarding the use of the property:
Self-contained user: MonsteRoller: 16 years (14 years in case of live guided tour); Airwheel: 16 years; Gran Tour Gokart: 10 years; Bicycle: 12 years; Tandem bicycle: 12 years;
Passenger accompanied by an adult (over 18 years old): MonsteRoller: 10 years; Gran Tour Gokart (equipped with seat belt): 3 years; Tandem bicycle: 12 years;
Minors are only allowed to use the properties under supervision of adults, with the adults assuming full responsibility. By signing the statement, Lessee acknowledges that the age of the accompanied users complies with the above-mentioned age limitations.
13. User is required to pay a security deposit for the lease period. The amount of the security is 30.000. HUF or 100 EUR per property for the period of the lease which must be paid in cash. Moreover, it is necessary to put into deposit a valid photo ID document (such as national ID card, driving license or copy of passport) for the period of the lease. The personal data of the ID will be managed confidentially and at the end of the period of the lease and the returning of the property, the security deposit and the photo ID will be handed back for the Lessee if the property is in proper technical condition. If the technical conditions of the property are unsuitable after the lease period ends, the amount of the security will be withheld and used to return the property to its original technical condition. It is necessary to provide Lessor with a valid e-mail address for the commencement of the lease. Lessor is entitled to use the e-mail address one time in order to inquire about the quality of the service. After that, the data will be deleted in both electronic and written forms.
14. User acknowledges that they can only move on the route indicated by the guide if the lease includes a guide.
15. User acknowledges that they have been informed by the Lessor regarding the current regulation in the 1st and 5th districts of Budapest, where it is forbidden to use bicycles and electric vehicles (MonsteRoller, Airwheel, etc.) in the designated pedestrian zones (it is permitted to push the vehicle).
16. Under the period of the lease, User is obliged to inform the Lessor by phone or in any written form regarding any technical problems (eg. depleted battery), and Lessor must provide a replacement vehicle or change the battery on the spot within 30 minutes if the technical problem occurs within the Operating Zone.
17. This contract was prepared in two languages: English and Hungarian. In case of any disputes, the Hungarian version prevails.
18. Failure of the Lessor to exercise any rights granted in this GCC or by law shall not constitute a waiver of such rights.
19. No invalidity of certain provisions or gaps in regulation shall serve to invalidate the entirety of this GCC. Such invalid or missing provisions shall be replaced with one that best suits the meaning and purpose of the invalid or missing provision or the other provisions of the GCC. The Parties are entitled to validly send their written statements connected with this GCC to the seat of the Parties designated in the statement until they are informed in writing of a change in the address of the other Party. Mail returned as “receipt rejected”, “not collected”, “moved” or “address unknown” shall be regarded as delivered on the 5th (fifth) business day following mailing. Questions not regulated in this GCC shall be governed by the applicable laws of Hungary.
Dated on 31st August 2018 in Budapest