THE ORIGINAL BUDAPEST SCOOTER TOUR
GENERAL TERMS & CONDITIONS
THE FOLLOWING GENERAL TERMS APPLY TO RENTALS AND THE PARTICIPATION IN OUR GUIDED TOURS. THE ORIGINAL BUDAPEST SCOOTER TOUR STRONGLY RECOMMENDS THAT YOU CAREFULLY READ IT BEFORE THE COMMENCEMENT OF THE RENTAL OR THE TOUR INCLUDING THE TERMS AND CONDITIONS MENTIONED IN THE TOUR CONTRACT AND THE RENTAL AGREEMENT THAT YOU HAVE TO SIGN BEFORE THE START OF THE SERVICE.
1. DEFINITIONS AND GENERAL PRINCIPLES
“You “ are the customer who signed the contract and who is entitled to drive the scooter.
THE ORIGINAL BUDAPEST SCOOTER TOUR (further BST) is the commercial name of the sole proprietorship of Kerekes Andras (Residential address: 29 Fehérvári út Fl. 3 apt 2 Budapest 1117; Business address: 10 Vámház Budapest 1053, Business registration number: 51027395, Tax ID: 67971860-1-43, Telephone: +36 309845100, email: email@example.com, website: www.scootertour.hu) that provides the scooter rental service and operates the tours.
“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 valid driver”s license eligible to drive in HUNGARY.
To drive a 50 cc must hold a car or moped license ( EU category “B” or “AM) or an international equivalent.
To drive a 125 cc scooter you must hold a motorcycle license ( EU category A1 or higher) or an international equivalent eligible to drive a 125 CC scooter.
In addition to the normal driver’s license, an international driver’s license may also be mandatory if the driver’s license is issued outside of the European Union or if the driver’s license does not clearly indicates the eligible vehicle categories in English. Please note that an international driver”s license is valid only if accompanied by a normal driver’s license. To avoid inconveniences you are kindly advised to check with your local authorities if you require an international driver’s license in Hungary. Many countries have bilateral agreements with the EU or Hungary regarding the acceptance of driver’s licenses. You can obtain an international driver’s license from the local authorities in your country (police, automobile associations, etc), usually for a small fee. You must also present a valid EU identity card or a valid international passport.
3. THE SCOOTER – CONDITION, USE, MECHANICAL PROBLEMS AND BREAKDOWN, ROAD ASSISTANCE,
3.1 Condition of the scooter
Before the start of the service, You are required to check the condition of the Scooter. Where an apparent defect is found, You must immediately inform the BST manager or another employee to proceed with a joint examination of the scooter. 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 arising from your fault, which will be added to the cost of the service. To avoid disputes you are kindly requested to take photos of the scooter before the service starts.
3.2 Use of the Scooter
The scooter must not be driven by anyone other than You and only under the condition that Your ability to drive is not impaired by mental or physical incapacity or restricted by the Law.
You must be aware that according to Hungarian Law, passengers can’t 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, especially during the night, You must lock it with the provided lock. You must never leave the scooter unoccupied and unguarded with its key 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:
– under the influence of alcohol, drugs, or any other type of narcotic substances,
– delivery services (transportation of food or other products)
– 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 (except for domestic pets, subject to prior authorization by BST),
– intentionally committing any offense.
– 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 offense 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 Mechanical Problems and Breakdown, Road Assistance
You must stop the scooter and inform BST if You become aware of anything which may indicate the presence of a mechanical problem with the scooter.
In case of mechanical problems or a breakdown, we take all measures to help you as soon as possible. Smaller issues can usually be solved on the spot or if not, we provide you with another scooter if possible. Our road assistance is free within the city limits.
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. RENTAL CONDITIONS AND CONDITIONS OF PARTICIPATION IN OUR GUIDED TOURS
4.1 Exclusion of BST Liability
You must be fully aware that driving a scooter – as generally driving any type of motorized vehicle – involves a risk of accident, damage, or injury and when you are renting a scooter or participating in a tour, you drive the scooter at Your own risk despite BST will do all efforts to minimize such risks on its guided tours. You also must be fully aware that the scooters are only provided with Third-party liability insurance that only covers your liability towards third parties in case of an accident that involves damage to a third-party vehicle or injuries of persons due to your fault. Waiver insurance for damage, theft, or loss of the scooter, and personal insurance is not available therefore we strongly recommend obtaining travel insurance before your trip. (For full conditions regarding insurance please read point 7)
THEREFORE, IN ANY CASE, NEITHER BST NOR ITS OFFICERS, DIRECTORS, OR EMPLOYEES WILL BE LIABLE TO THE CONTRACTING PARTY FOR ANY AMOUNTS NOR FOR ANY ACTIONS, LAWSUITS, OR CLAIMS RELATED TO ANY DIRECT OR INDIRECT DAMAGE (SUCH AS LOSS OF BUSINESS, LOSS OF PROFIT) ARISING OUT OF OR IN CONNECTION WITH THE SCOOTER RENTAL OR TOUR OR ANY USE OF THE SCOOTER WHETHER THE ACTION IS BASED ON CONTRACT OR IN TORT.
4.2 Your Liability
You will be liable for any damages to BST when driving a Scooter that has been entrusted to You. (for full conditions of liability in case of damage, theft, or loss please read point 8.) You must return the Scooter to the BST pick-up/departure point after the service. You must return the Scooter immediately if the manager of BST, its employee, or its tour guide asks You to do so. If the scooter is not returned to BST upon request, You hereby authorize BST to do any measures necessary to repossess the scooter. You will be liable for any costs associated with such repossession. BST may repossess any scooter without notice or restriction where BST deems that such repossession is necessary for its own protection.
4.3 Behaviour on the tour
You must cooperate with and obey the safety and driving instructions of the tour guide during the whole tour. You must not in any way disturb, annoy or abuse the tour guide or other tour participants on a guided tour as in such cases the tour guide has the right to disqualify You from the tour and the tour price will not be refunded.
4.4. Driver’s license
You must hold and produce a driver’s license indicated in point 2. Failing to produce a valid driver’s license way may cancel your participation in the tour and we are not obliged to refund the tour price.
4.5. Rental Conditions
4.5.1 Security Deposit
The security deposit is a guarantee for the damages, theft, or loss of the scooter applicable for scooter rental services. The security deposit must be provided when signing the rental agreement. The amount of the security deposit and the accepted methods of payment are indicated in our rental conditions. The deposit will be refunded immediately if the scooter is returned undamaged.
4.5.2 Fuel policy
The scooters are provided with a full tank and must be returned with a full tank (if not agreed otherwise). You must keep the receipt for the petrol and show it at the drop-off of the scooter. Failing to return the scooter with a full tank you will have to pay a refill service charge indicated in our rental conditions. You can buy an optional Fuel Package at the beginning of the rental at a reduced price, and you can bring back the scooter with an empty tank.
The scooter must be brought back at the time indicated in your rental agreement. The grace period for delays is 30 minutes (not applicable for 4-hour rentals). Delays over 30 minutes must be reported to BST. For delays over the grace period, we may charge a 1-day extra rental cost and you will be responsible for any financial loss BST suffers as a result of such a breach and for any relevant claims made by other customers arising from it.
4.5.4 Extension of the rental period
If you want to extend your rental period you must ask BST for approval before the end of the rental indicated in your rental contract. If you prolong your rental without approval it will be considered a delay and the delay rules will apply.
4.5.5 Driving on Motorways and Expressways, Toll Road Ticket
Motorways and expressways in Hungary are controlled-access highways designed for high speed, and their use is forbidden for 50 CC scooters. To use motorways and expressways you have to buy a toll road ticket in advance. It is your responsibility to buy the ticket and If you use the toll roads without a ticket you will get a fine that you will have to pay like any other fine for breaching the traffic rules. When BST is informed by the authorities about the fine we will inform You and you will have to pay it to BST within the determined deadline. Failing to pay the fine within the deadline your personal data will be transferred to the authorities and you will have to bear all the legal consequences and related expenses.
5. TERMINATION OF THE CONTRACT
5.1 General termination of the contract
The termination of the contract is defined by the return of the scooter to the pick-up/departure point and handing over its keys, and all the equipment provided with it to the manager or other BST employee. 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 accept any liability for articles that may have been left in the scooter at the end of the service.
5.2 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 for such reason the refund will be calculated the following way:
- Before tour departure and up to 1 hour of touring after departure full refund
- More than 1 hour of touring after the tour departure no refund
5.3 In the event of an 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 the theft of the Scooter, the 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 involving damage to the scooter and, or its driver and third-party vehicle and, or its driver, the contract will be terminated as soon as BST has received a copy of the accident report signed by You and, the third party in which the responsibility for the accident is acknowledged or the police have determined the responsibility for the accident and BST has received the resolution.
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. Furthermore, BST will have no responsibility for loss, theft, or damage of whatever nature relating to objects transported or which are found in the scooter.
6. 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.
6.2.1 Methods of Payments
Payments can be provided with cash in Euros (EUR) and Hungarian Forints (HUF) or with credit cards. In some particular cases, we can accept other methods of payments like bank transfers, or Paypal payments. Cheques are not accepted
In case you cancel your reservation the following cancellation charges apply:
- Up to 24 hours before the service starts no cancellation charge is applied, and you get a full refund
- Within 24 hours before the service starts 100% cancellation charge is applied, and you get no refund
You can cancel services in our online booking system if booked online or by emailing us to firstname.lastname@example.org
All our scooters are provided with a Third Party Liability Insurance. This insurance covers your liability towards third parties in case of an accident that involves damage to a third-party vehicle or injuries of persons due to your fault. This insurance does not cover the damage to your scooter or the injuries of the driver. If damage occurred in your scooter due to another driver’s fault then his insurance should cover the damages to your scooter. In case of an accident, it is essential to inform BST immediately, and in case of personal injury or when the other driver does not want to acknowledge his fault it is also necessary to inform the Police.
Waiver insurance for collision damage (CDW) or theft (THP), or personal insurance is not available for scooters. We recommend obtaining Travel Insurance in your country before your trip. The risk of theft in Budapest is very low and all our scooters are provided with an anti-theft lock.
8. LIABILITY FOR DAMAGES, THEFT, OR LOSS
8.1 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, the resale value of the scooter, loss of use, and administration charges) The amount will not exceed the market value of the scooter at the time of the event.
At the start of the service, BST will, together with You, review the condition of the scooter. You will have to return the scooter in the same condition as it was handed over to You at the start of the service. You are responsible for any damage to the scooter arising from your fault during the service and these will be added to the cost of the service, which You hereby acknowledge. To avoid disputes you are kindly requested to record the condition of the scooter by taking photos at the start of the service. At the end of the service, BST together with You will review the scooter and any new damage must be immediately reported to BST. The damage will be calculated according to the repair cost related to the restoration of the scooter to the condition it was handed over to You. The repair cost includes the cost of spare parts, labor costs, transportation costs, and administration charges calculated according to tariffs in force at the time of the service. The repair cost will be added to the cost of the service and must be immediately paid to BST.
8.3 Limited liability
IN THE EVENT OF DAMAGE, THEFT, OR LOSS YOUR LIABILITY IS LIMITED TO THE FOLLOWING AMOUNT:
50 CC SCOOTER: 500 EUR
125 CC STANDARD SCOOTER: 750 EUR
125 CC MAXI SCOOTER: 1000 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 entitled to the above-limited liability towards BST in the case of a breach of contract. Therefore, You will be responsible for any financial loss BST suffers as a result of such a breach and for any relevant claims made by other people. You agree to pay any amounts BST spends in enforcing these terms.
9. DATA PROTECTION LAW
10. VALIDITY OF LAW
In case of doubt or legal dispute, Hungarian text and Law is valid.