THE ORIGINAL BUDAPEST SCOOTER TOUR
GENERAL TERMS & CONDITIONS
THE FOLLOWING GENERAL TERMS APPLY TO RENTAL AND THE PARTICIPATION ON OUR TOURS. THE ORIGINAL BUDAPEST SCOOTER TOUR STRONGLY RECOMMENDS THAT YOU CAREFULLY READ IT BEFORE THE COMMENCEMENT OF THE TOUR INCLUDING THE TERMS AND CONDITIONS MENTIONED ON THE TOUR CONTRACT THAT YOU HAVE TO SIGN AT THE OFFICE BEFORE THE CHECK-IN.
1. DEFINITIONS AND GENERAL PRINCIPLES
"You " are the customer who signed the contract and who is entitled to drive the scooter.
SIESTA TRAVEL named in the tour contract is the tour operator company that operates THE ORIGINAL BUDAPEST SCOOTER TOUR using „THE ORIGINAL BUDAPEST SCOOTER TOUR" brand name. (further BST)
"Scooter" is the motorbike that BST is providing to You for the rental or tour with all parts and accessories fitted to it at the commencement of the service.
"Damage" is any damage occurring to the Scooter (including glass, lights and mirrors) and any damage occurring to third party property where applicable.
2. DRIVER'S LICENCE
You must hold and produce a driving licence that is valid in HUNGARY to drive a 50 cc or 125 cc scooter. In addition to the normal driving licence, an international driving licence is also mandatory if the driving licence is issued outside of the European Union and/or in characters that can not be read in the renting country. Please note that the international driving licence is valid only if accompanied by the normal driving licence. You must also present a valid identity card or a valid passport.
3. THE SCOOTER - CONDITION, USE, BREAKDOWN ASSISTANCE AND MAINTENANCE/MECHANICAL PROBLEMS
3.1 Condition of the Scooter
A description of the condition of the Scooter will be given to the You at the same time as the contract. Before the departure, You are required to check the condition of the Scooter. Where an apparent defect is found which is not already listed in the document, You must immediately inform the BST tour manager or another employee in order to proceed with a joint-examination of the Scooter. In such a case, amendments must be made to the document and duly countersigned by both parties. If the amended document is not countersigned by both parties, the condition of the Scooter will be as set out in the contract and it will be considered that You received the Scooter in proper working condition. You will have to return the Scooter in the same condition as it was provided at the start of the service. You are responsible for any repair or refurbishment costs and these will be added to the cost of the service.
3.2 Use of the Scooter
The Scooter must not be driven by anyone other than You and then only under the condition that Your ability to drive is not in any way impaired by mental or physical incapacity or restricted by the Law.
You must be aware that according to Hungarian Law no passenger can be carried on 50 cc scooters
You must take care of the Scooter, keep it in good repair and condition, pay any fines for which You may be liable, reimburse BST for any damage to the Scooter, and refund BST for any costs it incurs.
You are liable for all fees, taxes, fines and penalties incurred in connection with the use of the Scooter and for which BST is charged unless they have arisen through the fault of BST.
When parking with the Scooter during, even for a short period, You undertake to lock it unless it is guarded by BST tour manager or another employee. You must never leave the Scooter unoccupied and unguarded with the keys in the ignition. In case of non-return or loss of the keys, You will be charged for the total replacement of scooter locks as BST will not bear the risk of the scooter can be stolen with the missing key. You undertake to use the Scooter in a responsible manner and in particular, only for the purposes for which it is intended.
In particular, You must not use the Scooter under any of the following conditions or for any of the following purposes:
- driving the Scooter under the influence of alcohol, drugs or any other type of narcotic substances,
- transportation of inflammable or dangerous goods, as well as toxic, corrosive, radioactive or other harmful substances,
- carrying anything which, because of its smell or condition, harms the Scooter or causes BST to lose time or money before it can reactivate the Scooter again,
- transportation of live animals (with the exception of domestic pets, subject to prior authorisation by BST),
- intentionally committing any offence.
- none of the goods and baggage carried in the Scooter, including their packing and storage compartment, will be permitted to damage the Scooter, nor put the occupant abnormally at risk, - in any way which breaks the road traffic laws or any other laws.
You will be liable for any offence committed during the service which relates in any way to your use of the Scooter, as if You were the owner of the Scooter.
Upon the request of the Police or any official body BST may have to transfer Your personal data. Such transfer will be done in accordance with the data protection laws of Hungary.
3.3 Maintenance & Mechanical Problems
You must stop the Scooter and inform BST if any of the instrument panel warning lights - which are intended to indicate the existence of a mechanical problem - light up, or if You become aware of anything else which may indicate the presence of a mechanical problem with the Scooter.
In any case, neither BST nor its directors, officers or employees will be liable to You for any loss or damage (including but not limited to loss of profit or earnings) nor, to the extent permitted by the Law, for indirect consequential damages whether Your action is based on contract or in tort.
4. CONDITIONS OF PARTICIPATION ON OUR TOURS
4.1 Exclusion of BST Liability
You must be fully aware that driving a scooter - as generally driving any type of motorised vehicle - involves a risk of accident, damage, injury, despite BST will do all efforts to minimize such risks during the guided tours. You also must be fully aware that You are participating on the tour at Your own risk.
THEREFORE, IN ANY CASE, NEITHER BST NOR ITS OFFICERS, DIRECTORS, EMPLOYEES WILL BE LIABLE TO THE CONTRACTING PARTY FOR ANY AMOUNTS NOR FOR ANY ACTIONS, LAWSUITS OR CLAIMS RELATED TO ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE DAMAGES (SUCH AS LOSS OF BUSINESS, LOSS OF PROFIT) ARISING OUT OF OR IN CONNECTION WITH THE TOUR OR THE USE OF ANY SCOOTER WHETHER THE ACTION IS BASED ON CONTRACT OR IN TORT.
4.2 Your Liability
You undertake to return the Scooter to BST departure point after the service. You must return the Scooter immediately if BST tour manager asks You to do so. In the event that the Scooter is not delivered to BST upon request, You hereby authorise BST to enter Your premises and to do any and all other things necessary to repossess the Scooter. You will be liable for any costs associated with such repossession. BST may repossess any scooter without notice or liability where BST deems that such repossession is necessary for its own protection.
4.3 Behaviour on the tour
You are requested to be cooperative and to obey the safety and driving instructions of the tour manager as it is very important to provide a save and successful tour.
4.4 Termination of the Contract
4.4.1 General termination of the contract
The termination of the contract is defined by the return of the Scooter to the departure point and handing over to the manager or other BST employee its keys, and all the equipment provided. If the Scooter is returned without its keys, You will be charged for the total replacement of scooter locks as BST will not bear the risk of the scooter can be stolen with the missing key. You remain liable for any damages until a BST manager or employee takes possession of the Scooter, its keys and the equipment provided to you. Under no circumstances will BST accepts any liability for articles that may have been left in the Scooter at the end of the service.
4.4.2 Termination of the contract in case of unforeseen circumstances
Your safety is our major concern therefore BST has the right to terminate a guided tour or rental service in case of any unsafe circumstances. In case of termination of the rental service, the refund is calculated according to the unused portion of the rental. In case of termination of a guided tour or rental service for such reason the refund will be calculated the following way:
• Before tour departure and up to 1 hour touring after departure full refund
• More than 1 hour touring after the tour departure no refund
4.4.3 In the event of accident, confiscation or theft or misuse of the Scooter
In the event of measures by third parties, including attachment, confiscation or impounding of the Scooter, BST will be entitled to take all measures which it deems necessary to protect its rights. You will be liable for all damage, cost and/or expenses associated with the above measures and for any direct, indirect, consequential damages (such as loss...) to the Scooter unless it is demonstrated that BST is directly responsible for such confiscation or impounding of the Scooter.
In the event of theft of the Scooter, the tour contract will be terminated as soon as BST has received a copy of the theft declaration made by You to the police authorities.
In the event of an accident, the contract will be terminated as soon as BST has received a copy of the accident report completed by You and, where applicable, the third party.
Any use of the Scooter which may be detrimental to BST will entitle BST to automatically terminate the contract with immediate effect. You will then have to return the Scooter immediately as soon as BST so requests. You must not in any way disturb, annoy or abuse the tour manager or other tour participants on a guided tour as in such case tour manager has the right to disqualify You from the tour and the tour price will not be refunded.
Furthermore, BST will have no responsibility for loss, theft, robbery or damage of whatever nature relating to objects and/or utensils transported or which are found in the Scooter including, in particular, baggage and/or goods.
5. RATES - TERMS OF PAYMENT & CANCELLATION
The rates are determined according to the tariffs applicable at the time of service. The tariffs applicable for the rental or guided tours, and the additional services if available are those which are in force on the date of issue of the contract, and correspond to the characteristics You originally indicated at the time of reservation. Any modification in the characteristics will entail the use of an appropriate alternative tariff.
5.2.1 Methods of Payments
Payments can be made in Euros (EUR) and in Hungarian Forints (HUF) in cash or Paypal where available. Bank drafts, cheques are not accepted
5.2.2 Security Deposit
At check-in, you will have to provide either a cash deposit of EUR 200 or HUF 60.000 or deposit your Passport or an EU National ID as a guarantee for the damages to the scooter. The deposit will be returned immediately if the scooter is returned undamaged.
In case you cancel your reservation the following cancellation charges apply:
• Up to 2 days before the service start no cancellation charge, a full refund
• From 2 days before the service start 100% cancellation charge, no refund
All the scooters of BST's fleet are provided with 3rd Party Liability Insurance that You might inflict on a third party as a result of an accident involving the Scooter. The amounts for such liability cover are available on request. Casco insurance is not provided. You are recommended to possess with General Accident Insurance.
7. LIABILITY FOR DAMAGES, THEFT OR LOSS
7.1 Your general liability
You will be liable for any damages to BST when driving a Scooter that has been entrusted to You. Therefore, in the event of theft of the Scooter or damages caused to it, You must fully indemnify BST (the indemnification will include the amounts corresponding to the repair costs, resale value of the Scooter, loss of use, administration charges) The amount will not exceed the market value of the scooter at the time of the event.
Both at check-in and check-out BST will, together with You, record in the tour contract all visible damage to a scooter in compliance with the detailed list of damages and repair costs displayed at the counter which You hereby acknowledge. At check-in, unrepaired damage must appear on the tour contract with the appropriate signatures by You and BST. At the end of the service, the identification of any new damage must be added to the contract. Any new damage will be immediately pointed out to BST, mentioned in the contract, and signed by You and BST. This damage will be charged to You at the repair price indicated in the list displayed at the counter. The repair price includes the cost of the damage repair as well as administration charges, immobilisation costs, spare parts and labour costs.
These repair costs will be directly charged to You and must be paid immediately to BST
IN THE EVENT OF DAMAGE, THEFT OR LOSS YOU WILL BE CHARGED ACCORDING TO THE TARIFFS IN FORCE AT THE TIME OF THE SERVICE BUT LIMITED UP TO MAXIMUM 500 EUR.
You must be aware that above mentioned limited liability will be invalidated if You fail to take reasonable measures for the safety of the Scooter, its parts or accessories, or fail to comply with all restrictions on the use of the Scooter or otherwise abuse or misuse it. You will not be exempt from or entitled to the above-limited liability towards BST in the case of breach of contract. Therefore, You will be responsible for any financial loss BST suffers as a result of such breach and for any relevant claims made by other people. You agree to pay any amounts BST spends in enforcing these terms.
THEREFORE, IN ANY CASE, NEITHER BST NOR ITS OFFICERS, DIRECTORS, EMPLOYEES WILL BE LIABLE TO THE CONTRACTING PARTY FOR ANY AMOUNTS NOR FOR ANY ACTIONS, LAWSUITS OR CLAIMS RELATED TO ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE DAMAGES (SUCH AS LOSS OF BUSINESS, LOSS OF PROFIT) ARISING OUT OF OR IN CONNECTION WITH THE TOUR OR THE USE OF ANY SCOOTER WHETHER THE ACTION IS BASED ON CONTRACT OR IN TORT. YOU WILL INDEMNIFY AND HOLD BST HARMLESS FROM ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES OR EXPENSES ARISING OUT OF THE TOUR AND/OR THE USE OF THE SCOOTER.
8. DATA PROTECTION LAW
9. VALIDITY OF LAW
In case of doubt or legal dispute, Hungarian text and Law is valid.