BEERIDES BROKER CONTRACT GENERAL TERMS AND CONDITIONS

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1 BEERIS BROKER CONTRACT BROKER CONTRACT 1. INTRODUCTION As BeeRides provides its services in multiple location/countries, the country specific sections are marked with square brackets on the left side also indicating the referred locations. 1.1 The present general terms and conditions (hereinafter referred to as GTC ) set the detailed terms and conditions of the broker contract 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 ) or BeeRides Germany GmbH (registered address: Grünstraße 5., Düsseldorf; company register number: HRB 37989; tax number hereinafter referred to as Broker ) and persons who wish to use the Broker s services related to the vehicle rental (hereinafter referred to as Renter ), which refers to and includes the present General Terms and Conditions (hereinafter referred to as Broker Contract ). 1.2 The Broker and the Renter shall conclude the Broker Contract on the basis 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. 1.3 The Renter wants to conclude a rental contract (the Rental Contract ) with a client of the Broker (the Owner ) who wants to rent out his vehicle (the Vehicle ) and entered into an assignment contract with the Broker (the Assignment Contract ) to that effect. 1.4 The Rental Contract is made by and between the Owner and the Renter. Nevertheless, the Owner authorized the Broker, by concluding the Broker Contract, to conclude the Rental Contract in the name, on behalf of and for the Owner, as well as to exercise the rights and fulfil the obligations of the Owner arising from the Rental Contract, including, but not limited to the 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 management procedure in the case of any damage, full representation vis-à-vis the insurance companies affected in the damage, enforcing claims against the Renter and the acceptance of the rent due to the Owner under the Rental Contract. 1.5 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: ); 1

2 Telephone: or BeeRides Germany GmbH (registered address: Grünstraße 5, Düsseldorf; company register number: HRB 37989); Telephone: The prevailing GTC in force is available under 2. SUBJECT OF THE CONTRACT 2.1 Subject of the contract: the services rendered by the Broker according to the present GTC. 2.2 Pursuant to the Broker Contract, the Broker is engaged in brokering activity in order to find the appropriate vehicle for which it concludes the Rental Contract in the name of the Owner from the vehicles available to it for rental in its site as it notifies the Owner via confirmation (hereinafter referred to as Site ). 2.3 The Broker provides a child seat and portable navigation device to the Renter at his request for the duration of the rent. The Parties agree on the fees for these services during the online contracting procedure regarding the Broker Contract. The Renter shall make sure that the child seat is properly fitted before use. The Broker does not accept responsibility for any damage resulting from the incorrect fitting or use of the child seat. 2.4 The Renter is required to make sure to pay any motorway tolls and other road tolls necessary - if applicable - unless the Renter assigns the Broker to arrange this at the cost of the Renter. 2.5 The Renter is obliged to return the Vehicle in similar condition of cleanliness to the one at taking-over of the Vehicle. Should the Renter fail to comply with this provision the Broker is entitled to the fee as stipulated in point The Broker concludes a CASCO insurance contract for the Vehicle. By concluding the Broker Contract, the Renter declares that he has familiarized with the CASCO Insurance Contract, including the annexes and the applicable general terms and conditions ( AKB ) thereto, and has acknowledged and accepted to be bound by them. The amount of the own risk/excess according to the CASCO Insurance Contract is 50,000 F or 100,000 F or 200,000 F or 2

3 1000 EUR or 750 EUR or 500 EUR subject to the prevailing conditions of the Broker. The amount of the Renter s own risk is defined by the Renter and the Broker in the course of online rental contracting. 2.7 The Rental Contract for the given vehicle terminates if the Vehicle breaks down making its use impossible or becomes unserviceable for any other reason. At the request of the Renter, the Broker will arrange a new Rental Contract for another vehicle based on the Assignment Contract. 2.8 Depending on the location subject to the prior agreement between the Broker and the Renter during the online contracting procedure regarding the Broker Contract the Broker provides transport services to the Renter between the Site and the airport. When providing transportation services to the Renter, the Broker assumes no liability for the Renter catching his/her flight. 2.9 The Broker provides additional services to the Renter related to rental of the Vehicle, including the following: the Broker arranges delivery of the Vehicle to the Renter at the starting date of the rent and the return of the Vehicle at the expiry date of the rent; the Broker accepts the rent payable to the Owner and the usage fee from the Renter; it provides towing (roadside assistance) services; it provides other services set out in these General Terms and Conditions or the General Terms and Conditions concerning the Broker Contract If this agreement between the Renter and the Broker qualifies as a consumer contract, with using the above services according to the present GTC the Renter explicitly acknowledges and accepts that a) the Broker has started to provide the services with the explicit and prior consent of the Renter; b) the Renter loses its termination right after the provisioning of all the services according to the present GTC; c) the Broker is not obliged to hand over the present contract to the Renter neither in a printed form nor on electronic data carrier. 3. BROKER S FEE, OTHER FEES AND CHARGES 3.1 The Renter shall pay the following fees to the Broker (penalties, surcharges and fees are listed in Annex 1 and 2 attached to this GTC): Broker s fee if the Renter, the recipient or the secondary driver has not yet turned 23 or does not have a driving licence for at least 3 years, or its driving licence is suspended, or he/she is older than 75 years, the Renter shall pay a surcharge to the Broker ( provision of wrong data); 3

4 refuelling fee together with the car management fee if the Renter does not return the Vehicle with the same amount of fuel as at taking-over of the Vehicle, a cleaning fee if the Renter fails to return the Vehicle in similar condition in terms of cleanliness to the one at taking-over of the Vehicle; an extra cleaning fee if external and/or internal cleaning of the Vehicle becomes necessary as a result of extreme dirtiness occurring during the rent; an administration fee if the Renter or Owner receives a payment notice or other document including any payment obligation for the non-payment of any parking fee or traffic fine or for any other similar reason and the Renter fails to settle the same during the rental or does not send the photo thereof within 48 hours from receipt to the info@beerides.com address; an assistance surcharge, should the assistance service be used due to Renter s fault (e.g., misfuelling the Vehicle, locking all keys in the Vehicle; a penalty if the Vehicle is returned with odours (e.g. stemming from smoke). 3.2 The Renter may cancel or modify the rental free of charge at least 72 hours before the start time of the rental. In case of cancellation within 72 hours before the start time of the rental, the Renter shall pay the Broker an amount corresponding to one day s rent and Broker's fee. If, in the case of modification within 72 hours before the start time of the rental, the rent and/or Broker's fee of the vehicle requested based on the modification is higher than those of the originally requested Vehicle, the Renter shall pay the difference. If however, the rent and/or Broker's fee of the vehicle requested based on the modification is lower than those of the originally requested Vehicle, the fee already paid will not be refunded to the Renter. 3.3 If the Renter does not cancel the rental, and does not take the Vehicle over latest 2 hours after the indicated start time of the rent on the start date of the rental given by the Renter during the online booking process, either, the Renter loses the rental fee already paid to the Broker during online contracting. The Renter is not entitled to take over the Vehicle and loses the rental fee already paid during the online contracting process if the data to be uploaded by the Renter during the online contracting process remains incomplete at the due date of the take-over of the Vehicle and/or due to the Renter s fault the Broker fails to authorize the deposit before the take-over of the Vehicle. 3.4 The Broker is entitled to capture the entire amount of the deposit should the Renter fail to sign and leave in the smart locker the paper-based declaration about acknowledgement of liability for traffic rule violations at the start of the rental. 3.5 The Broker's fee and the rent is determined by the day in such a way that one day of rental corresponds to 24 hours. The start-time and end-time of the rental is the time and date as of the smart locker of the Broker, storing the keys of the Vehicle at the Site. Should the smart locker be not operational, the start and end-time of the rental is the time when the Broker s personal or representative takes over, or hand over the key of the Vehicle from or to the Renter at the Site. In case of late return of the Vehicle exceeding one hour the Renter shall pay the rent for one more day. 3.6 If the Renter fails to return the Vehicle within 2 hours of the expiry of the rental period, he/she must pay a fee corresponding to double the rent and the Broker's fee, for each commenced 24 4

5 BROKER CONTRACT hours, for the period from the 3rd hour of the expiry of the rental period to the time of actual return. The Renter shall in addition pay all damage and cost of the Owner and the Broker arising from the late return of the Vehicle. In addition, the Renter shall be liable to the Owner for any damage occurring after the expiry of the rental period. 3.7 The Renter shall pay the rent and the usage fee under the Rental Contract to the Broker as well. The Broker shall be obliged to account for the rent and the usage fee to the Owner. 4. PAYMENT AND FINANCIAL CONDITIONS 4.1 Upon conclusion of the Broker Contract, the Renter shall pay the Broker a deposit of the amount defined in the Broker Contract. The Renter shall pay the deposit with a bank or credit card. The amount of the deposit will be blocked on the Renter s bank account in favour of the Broker and be also considered as delivery of the given amount to the Broker. The deposit is created over the sum blocked in favour of the Broker as the beneficiary of the deposit in order to secure all the Renter s obligations to the Broker (including current, future, and conditional obligations), including all the claims arising based on these General Terms and Conditions concerning the Broker Contract. 4.2 The Broker is entitled to pay on behalf of the Renter any liability (including but not limited to the insurance deductible, any fines/penalties occurring during the rental period of the Vehicle by the Renter) of the Renter to the Owner based on the Rental Contract. In this case, the Renter shall promptly and fully pay the Broker the amount so paid. The deposit will secure such reimbursement claim of the Broker and the Broker shall satisfy its claim(s) against the Renter arising from the same directly from the deposit. 4.3 In the event that the Broker Contract is not performed at all or as intended, or in the case set out in clause 4.2 above, the Broker may directly satisfy its claim, including any interest, directly from the amount of the deposit. If the relationship between the Broker and the Renter continues after such satisfaction, the Renter shall arrange the availability of the original amount on the bank or credit card of the Renter within 24 hours of the Broker s notice. 4.4 If the Broker Contract terminates or latest when the Renter and the Broker settled accounts in full (including but not limited to any insurance deductible or fines/penalties), The Broker will arrange to release the blocking of the amount of the deposit no later than 10 days following return of the Vehicle by the Renter to the Broker. The Renter acknowledges that the Broker does not pay any interest when the deposit is refunded. 4.5 The Renter shall pay the Broker's fee, other fees and charges expected to be paid under the Broker Contract, as well as rent payable under the Rental Contract simultaneously with the conclusion of the Broker Contract. The Broker confirms receipt of this amount by concluding the Broker Contract. Following the Renter returning the Vehicle to the Site or latest after the Broker issuing the invoice the Renter shall pay the final amount of the fees due to the Broker. 4.6 In case of late payment, the Renter shall pay a default interest at the rate corresponding to the double of the prime rate of the National Bank of Hungary. or 5

6 5 percentage points above the respectively-applicable basic interest rate of the Deutsche Bundesbank (Federal Bank of Germany) 4.7 In case the Renter fails to fulfil or delays in fulfilling his payment obligation, any attorney fee or cost of litigation or collection incurred will be borne by the Renter. 5. LIMITATION OF LIABILITY 5.1 Insofar as nothing to the contrary is stipulated in the following clauses, claims by the Renter due to breach of an obligation under the contractual relationship are hereby excluded. 5.2 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). 5.3 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 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. 6. DATA PROTECTION 6.1 By concluding the Broker Contract, the Renter 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 Broker Contract in accordance with the legal regulations during the following the term of the Broker Contract, observing the principle of purpose limitation and other data protection principles, as long as any claim it may bring against the Renter under the Broker Contract or any claim he Owner may bring against the Renter under the Rental Contract expires. The purpose of data processing is to exercise the rights and fulfil the obligations of the Broker arising from the Assignment Contract and those of the Owner under the Rental Contract, to fulfil the statutory obligations and settle any disputes with the Renter or the Owner. In addition to the Broker, the data of the Renter can be accessed by those employees of the Broker, acting as the data processor, who need to use them and only to the extent necessary to discharge their obligation to carry out data controlling operations. The data controller stores the Renter s data securely in a way and on equipment protected against access by unauthorized persons. The Renter 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 e- mail to the info@beerides.com address. In case of any complaint regarding data processing, the Renter is requested to contact the Broker first at any of the above contacts. In case of a violation of his rights, the Renter may turn to the court or to the respective authority 6

7 BROKER CONTRACT in charge. In case of initiating court proceedings relating to data protection, the Renter may also decide to initiate the lawsuit before the court competent for his residence or place of stay. By concluding the Broker Contract, the Renter consents, to the Broker processing his personal data included in the Broker Contract and collected in the course of the contract processing, in accordance with the principle of purpose limitation and other data protection principles, as long as this is necessary for execution of the Broker Contract or the Rental Contract entered into between the Owner and the Renter. The purpose of data processing is to exercise the rights and fulfil the obligations of the Broker arising from the Assignment Contract and those of the Owner under the Rental Contract, to fulfil the statutory obligations and settle any disputes with the Renter or the Owner. The Owner shall be entitled to pass on the Renter s personal data to third parties if and insofar as this is necessary for the execution of the Rental Contract or there is a statutory obligation to pass that data on. Upon request, the Owner shall provide the Renter pursuant to 34 of the German Federal Data Protection Act (BDSG) with free-of-charge information about the data saved about that Renter. Moreover, the Renter shall have the right to demand the correction, deletion and blocking of its personal data at any time by means of a letter sent to the Owner s address or by to info@beerides.com. A deletion will only be made, however, when the Rental Contract has been fully executed, and insofar as no statutory provisions prevent this. 6.2 By concluding the Broker Contract, the Renter 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 Renter also consents to the Broker disclosing his personal data to entities entitled to enforce and collect tolls, parking and other similar fees, as well as other eligible third parties. The Broker may be entitled to transmit the Renter s data to third parties with reference to its legitimate economic interest, of which it shall inform the Renter in all cases. 6.3 By concluding the Broker Contract, the Renter acknowledges that the Broker installed a telematics device in the Vehicle rented by the Renter under the Rental Contract that, if activated, will automatically collect certain general non-personal data created during the use of the Vehicle, which cannot be linked to the person driving the Vehicle. The system collects or can collect the following data: physical location and speed of the motor vehicle, data on real-time, vehicle chassis number, odometer status, evaluation of the driver support system (percentage), the percentage of running in engine brake and idle modes, percentage of no-load run, percentage of speed ranges, number of hard braking, calculated fuel consumption, calculated CO2 emission, and other data concerning the running and operation of the motor vehicle (e.g., oil pressure, speed, error messages, compressor operation time, data relating to the use of motor vehicles in the form of a driver safety report, etc.). The Broker and the Owner will use the data only for the purposes of quality assurance, controlling the use of the Vehicle and informing the Owner thereof, investigation and settlement of disputes involving the Renter and claims brought by the Owner, servicing, maintenance and repairing the defects of the Vehicle, processing matters and supplying information related to the insurances covering the Vehicle, as well as developing the Broker s own services and products and the preparation of statistics. The Broker may transmit the data solely for the above purposes to the Owner and the insurance companies making insurances for the Vehicle. The legal basis of the data processing is the Broker s legitimate economic interest. In other respects, the provisions in clause 6. duly apply to data processing. 7

8 7. OTHER PROVISIONS 7.1 The place of performance of the Broker Contract is the Broker's Site. 7.2 The parties stipulate the exclusive competence and jurisdiction of the District Court of Tatabánya for any dispute arising from the contract. If the Renter 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. Insofar as legally permissible, the parties stipulate the exclusive competence and jurisdiction of the courts in Düsseldorf for any dispute arising from the contract. 7.3 Matters not regulated in these GTC and in the general terms and conditions of the Broker Contract are governed by the provisions of Hungarian law, excluding the conflict of laws provisions thereof. Matters not regulated in these GTC are governed by the provisions of German law, excluding the conflict of laws provisions. 7.4 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. Any new version of the GTC substitutes the previous version and shall be deemed to be applicable for ongoing contracts as well. Should the Renter not agree to the amendment he/she has the right to terminate the contract with 30 day written notice sent to the Broker. 7.5 Should a provision of the present 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. 8

9 ANNEXES: Annex 1 Broker s fee and rent The total fee set out in the Broker Contract includes the rent and the Broker's fee (the Total Fee ). In case the number of kilometres run by the Renter exceeds the product of 150 km and the number of rental days the Renter is required to pay the extra fee agreed in the Broker Contract ( Extra Kilometre Fee ) in addition to the Total Fee for each kilometre exceeding the product of 150 km and the number of days rented. The Total Fee and the Extra Kilometre Fee paid by the Renter is divided upon the expiry of the rental when the invoice on the Broker's fee is issued as follows. The Total Fee and the Extra Kilometre Fee paid by the Renter is divided as follows: 1. The amount of the Broker's fee is 500 F + VAT for each rental day commenced. The Broker s fee is increased by the extra charges and fees as charged as of this GTC. 2. The amount of the rent is determined during the online contracting process concerning the rental of the Vehicle between the Broker and the Renter. 3. The amount remaining from the Total Fee and the Extra Kilometre Fee after the deduction of the rent under clause 2 of Annex 1 and the Broker's fee under clause 1 of Annex 1 increases the Broker's fee. 9

10 Annex 2 Penalties, fees and surcharges in EUR inclusive of VAT* BROKER CONTRACT LOCATIONS BUD DTM/DUS Surcharge Refuelling fee per 1/8 tank Cleaning fee - dirty - extra dirty Administration fee Car management fee per occasion Smoking in the vehicle Assistance surcharge ( Renter s fault- e.g. misfuelling, locking the vehicle, key loss) * VAT rate 27% () VAT rate 19% () 10

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