1. BUDGET.HU – OTOKOC HUNGARY WEBSITE MEMBERSHIP
BUDGET.HU-Otokoc Hungary Website Membership (hereinafter: Website Membership) is a customer relationship and loyalty program operated by Otokoc Hungary Kft. (the Licensee of BUDGET for car rental and vehicle leasing services in Hungary) for customers who became a member through membership registration. These General Terms and Conditions (hereinafter. “GTC”) contain the procedures and principles regarding the online rental of vehicles on the website by Otokoc Hungary and the determination of the mutual rights and obligations of Otokoc Hungary and the Member. This GTC contains the general terms and conditions of contractual relationship between Otokoc Hungary Kft. and the customers participating in the Website Membership.
2. DEFINITIONS
BUDGET: Otokoç Hungary Kft. (1134 Budapest, Kassák Lajos utca 19-25.; reg.no.: 01-09-274226) (hereinafter: Otokoc Hungary),
Member: The natural person or legal entity who is a member of the website,
Site: The website broadcasting over the domain name www.budget.hu
Vehicle: Vehicle of any brand and model owned and leased by BUDGET,
GTC: This means the general terms and conditions of contractual relationship between Otokoc Hungary Kft. and the customers participating in the Website Membership.
3. JOINING THE WEBSITE MEMBERSHIP, EXSITENCE OF THE CONTRACTUAL RELATIONSHIP
Participation in the Website Membership is possible with completing the membership procedure specified on the site by the person who wants to become a member and completing the registration process. By becoming a member of the site, the Member accepts, declares and undertakes that he has read, understood and approved all the provisions of these GTC.
4. RIGHTS AND OBLIGATIONS OF BUDGET
4.1. BUDGET takes all reasonable security measures required by law in order to prevent the loss, abuse and alteration of personal identity, address, contact information under its control.
4.2. For security reasons, BUDGET will be able to monitor and record all activities of the Member on the site and, when it deems necessary, may take all kinds of interventions such as removal from the site, suspension of membership, cancellation of membership and so on.
4.3. BUDGET may change the format and content of the site partially or completely, without prior notice to the Member, as well as change the domain name of the site, use different subdomains, make domain name redirects and/or close the domain name.
4.4. Membership in the website is not a prerequisite for BUDGET to provide car rental service, and since car rental service can be obtained without becoming a Member, all benefits offered to the Member within the scope of Membership are "Additional benefits".
4.5. BUDGET can change the scope and types of services offered on the site, as well as partially or completely freeze, terminate or cancel the services offered on the site, at any time and without giving any reason, without informing the Member in advance.
4.6. BUDGET may make changes and/or updates to the service, rental conditions and operation at any time in order to perform the works and transactions specified in the Contract more effectively. Members accept and declare that they accept these changes and will act in accordance with these changes.
4.7. Contractual relationship governed by these GTC does not contain any commitments regarding the number of vehicles BUDGET will rent, the brand, model and model year and other issues. For these and other reasons, the Member cannot claim any rights or receivables from BUDGET under any title.
4.8. BUDGET has the right not to start, stop, terminate and/or cancel the rental activities unilaterally. The Member accepts, declares and undertakes that there is no right of objection in this regard.
5. RIGHTS AND OBLIGATIONS OF THE MEMBER
5.1. Membership is completed by fulfilling the membership procedure specified on the site by the person who wants to become a member and completing the registration process. By becoming a member, the Member also accepts the provisions of these GTC and all kinds of statements made by BUDGET regarding membership and services or to be announced later.
5.2. The Member states that the identity, driver's license, address and contact information that he/she has specified in the membership process are complete and correct, that he/she will immediately forward this information to BUDGET in case of any change in his/her information, and that he/she accepts that only he/she will be responsible for any legal disputes and damages that may arise due to incomplete, outdated or incorrect information. No responsibility and/or fault that may arise for this reason can be imposed on BUDGET.
5.3. While the Member benefits from the services specified on the site, he/she will act in accordance with the laws and general moral rules. He/she will not take any action, make political or ideological propaganda, engage in disturbing behavior to other Members, refrain from any behavior that may disparage persons or institutions, and refrain from any action that may cause disruption or interruption of the services provided on the site, otherwise he/she will be personally responsible for all kinds of damages.
5.4. The Member accepts and undertakes that he/she will not violate the rights of third parties within the scope of intellectual and industrial rights, will respect the copyrights of third parties, will not engage in unfair competition, and will respect the trade secrets and private lives of third parties.
5.5. The Member states that he/she will use a password that cannot be easily guessed by others while using the site, user name, password etc. accepts and declares that he will not share his information with others and that he will be personally and only responsible for the security of this information as it is not kept in the site database, and BUDGET will not be responsible in any way.
5.6. The Member accepts and declares that he/she will only use his/her own membership account, that he/she will not use the account information of other members and that he/she will not let others use his/her membership account, otherwise, if BUDGET determines, his/her membership may be canceled and he/she will indemnify any damages that have arisen or will arise.
5.7. The Member accepts and undertakes that he/she will not send harmful programs, software, code and similar materials to the site, and that he/she will avoid any action that may endanger the security of the site and its members.
5.8. The Member cannot transfer his/her membership account to third parties.
5.9. The Member cannot restrict or prevent others from using the site and cannot interfere with the operation of the site or the servers or networks used to make the site usable.
5.10. BUDGET is not responsible for any direct or indirect damages that may occur in relation to the access and use of the site, including but not limited to the loss and damage caused by the virus attacks affecting the computer hardware and/or the information obtained from the site.
5.11. The Member agrees that he/she will not use any tool, software or tool to interfere with or attempt to interfere with the operation of the site, that he/she will not connect to the site or take action without authorization, that he/she will not access or use the software and data of other internet users without permission.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. The presentation and all the content of the site is protected by the applicable legislation and intellectual property legislation, and all information and data published on this site, especially all trademarks, logos and service marks, belong to BUDGET or its licensors. The Member cannot, directly or indirectly, distribute, transmit, modify, copy, display, reproduce, publish, process or otherwise use the site's content, directly or indirectly, or allow anyone else to access or use the site's services, without BUDGET's written consent. Otherwise, the Member will be responsible for paying BUDGET any compensation amount requested from BUDGET for any damages incurred/to be incurred by BUDGET and any damages incurred by third parties, including but not limited to licensors.
6.2. BUDGET's all assets, including Site services, Site information, Site's copyrighted works, Site's trademarks, Site's commercial appearance or any material and intellectual property rights related to the Site, in kind and all rights regarding personal rights, commercial information and know-how are reserved.
6.3. All rights of all texts, graphics, images and pictures on the site are reserved and cannot be saved without permission.
6.4. Any unauthorized disclosure and use, including but not limited to, unauthorized use of all financial rights (processing, reproduction, dissemination, representation and public offering) regarding the site content, design and software will constitute a violation of intellectual and industrial property rights.
6.5. Members accept and undertake to comply with the provisions of the applicable laws of Hungary and any current and/or future legislation in the use of the Site. All legal, administrative, penal and financial responsibilities that may arise due to the contrary use belong to the Member and BUDGET reserves the right of recourse.
7. RESPONSIBILITY
The Member accepts that there may be deficiencies in the information and services offered/published on the Site, communication problems, technical problems, infrastructure and internet failures, power outages and/or other problems without being limited to those listed, and BUDGET does not give any notice to the Member in case of such problems/malfunctions. BUDGET is authorized to suspend or terminate or cancel the car rental activities on the site without the need for notification and without giving any reason. For these reasons, the Member cannot demand any rights or payments from BUDGET under any title.
BUDGET does not warrant that the service will be error-free or continuously available, or that the service will be free of viruses and other harmful elements. BUDGET cannot be held responsible for any direct and/or indirect damages arising from the use of any product or service by the Member. The Member accepts and declares that he is personally responsible for any damage and loss that may arise as a result of using the service or the site.
BUDGET cannot be held responsible for any direct and/or indirect damages that may arise from the Member's use of any product or service on the site. The Member accepts and declares that he is personally responsible for any damage and loss that may arise as a result of using the service or the site.
8. FORCE MAJEURE
Vis Maior means, including, but not limited to, natural disasters, epidemics or pandemics, riots, wars, strikes, communication problems, technical problems, infrastructure and internet failures, power cuts and bad weather conditions, which are beyond the reasonable control of the relevant party and which cannot be prevented or avoided despite the necessary care. In "Force Majeure" cases BUDGET has the right to late or incomplete performance or not to perform any of its obligations determined by this contract. Because during this Force Majeure, BUDGET's obligations are suspended. In these and similar cases, BUDGET will not be deemed to be delayed, under-performing or non-performance or default. For these cases, no compensation can be claimed from BUDGET under any title. In the event that the Force Majeure situation lasts more than 7 (seven) days, BUDGET is entitled to terminate this contract unilaterally and without compensation without any notification.
9. CANCELLATION OF MEMBERSHIP and TERMINATION OF THE CONTRACTUAL RELATIONSJIP GOVERNED BY THIS GTC
9.1. Both BUDGET and the Member are entitled to cancel the membership of the Member unilaterally, without giving any reason and without any notification, and to suspend or completely cancel the services that the Member has received, is receiving or will receive from the site, if it wishes. In this case, the Member shall not be entitled to make any claim for loss of profit, compensation for damages or under any other title from BUDGET by referencing to an unjust, unjustified, involuntary and untimely termination, acting contrary to goodwill or any other reason and excuse and cannot request any payment for this reason.
10. TERM OF THE CONTRACTUAL RELATONSHIP
Contractual relationship governed by these GTC enters into force from the moment it is approved on the Site and terminates automatically, without the need for further notice, when either BUDGET or the Member cancels the Member's membership and/or terminates the services offered on the Site.
11. PRIVACY AND PROTECTION OF PERSONAL DATA
11.1 The Member shall keep confidential any information, whether commercial, financial, legal or technical, subject to trade secret or other legal protection, directly or indirectly related to BUDGET during the performance of the contractual relationship governed by these GTC, and will not disclose it to any person without the permission of BUDGET. Otherwise, the Member is responsible for the damages incurred by BUDGET. This confidentiality clause is valid indefinitely even after the contract period has expired.
11.2 The Member's Personal data will be handled and processed by automatic or non-automatic means in accordance with the performance of the contractual relationship or for other reasons stipulated in the law, within the framework of the operation and development of the services. For the purpose of providing services by BUDGET, such as reservation and vehicle sales services, in order to increase the recognition of the company with gifts and messages are to be sent with announcements/celebrations and other content, and to provide general or personalized advertisement, announcement, campaign information for the promotion and marketing of services, in order to improve the services. It will be processed for other purposes such as providing better service to customers by managing customer satisfaction or complaints, and conducting customer surveys and feedback within the framework of the loyalty program. Processing of personal data are based upon the consent of the members to be given during the registration process.
11.3 Privacy Policy of Otokoc Hungary is available by clicking here: https://www.budget.hu/en/protection-of-personal-data
11.4 In case the Member has approved the sending of commercial electronic messages to the contact addresses that are currently given to BUDGET or will be given in the future, within the scope of the applicable laws and the Privacy Policy of Otokoc Hungary, commercial messages can be sent with data, audio and video content for all kinds of commercial purposes, including but not limited to commercial electronic messages for change, use and maintenance regarding the goods or services provided, electronically by using means such as e-mail, short message service.
12. NOTICES
The Parties accept and undertake that the addresses specified during the membership process are legal notification addresses, and unless the other party is notified in writing of the address change, notifications to these addresses will have all legal consequences of the legally valid notification.
For the cases of changes to be made in the contract and services, cancellation of membership, termination of this contract, termination, etc. the Member agrees and accepts that all kinds of notifications shall be sent to the e-mail address specified during the membership process, and the Member accepts and acknowledges that whether the notifications made by e-mail are received or not, the notification has been considered as sent by BUDGET from the moment it is sent and it will have legal consequences. BUDGET is not responsible for the late or non-delivery of the notification to the Member and its consequences. Fax cannot be used in the correspondence of the Member with BUDGET.
13. CHANGES TO GTC PROVISIONS
BUDGET has the right to unilaterally change the provisions of these GTC without the need to notify the Member and without giving reasons. The Member is deemed to have accepted the changes in question from the moment they are published on the Site. The Member accepts this matter as irrevocable in advance.
14. GOVERNING LAW
14.1. The provisions of these GTC and the contractual relations of the Parties based on them are governed by Hungarian law, including the legislation of the European Union directly applicable in Hungary. For any legal dispute with respect to the contractual relationship governed by these GTC only the courts of Hungary shall have jurisdiction and of which the court of Otokoc Hungary Kft's registered seat shall have territorial jurisdiction and competence.
14.2. The Member accepts that all documents, records, books of BUDGET and all kinds of information, writings and records of BUDGET in the computer and internet environment will be the sole, exclusive and definitive evidence and will be binding in case if any material or legal dispute arises between the Parties with respect to the contractual relationship between them and the Member accepts these as evidences.
15. OTHER PROVISIONS
15.1. If any provision of the contractual relationship governed by these GTC is deemed invalid or unenforceable for any reason, the other provisions of the GTC will remain in effect.
15.2. BUDGET's failure to exercise or delay in exercising any right or power it has under the GTC does not constitute a waiver of that right or power, and the sole or partial exercise of a right or power does not prevent the subsequent exercise of that or any other right or power. The waiver of any term, clause or provision of these GTC shall not constitute or be construed as a subsequent or continuing waiver of that term, clause or provision.
15.3. This GTC replaces the agreements previously approved on the Site, if any, from the moment it is approved on the Site. In the event of a dispute, the provisions of these GTC apply to all agreements regardless of either were approved previously before these GTC came into effect or after that.
15.4. The Member declares that he/she has read, understood and accepted all the practices and rules on the site. The Member declares that he/she accepts the regulations that may be contrary to his/her interests in the entire contract, knowing and understanding the consequences.
15.5. The Member cannot transfer or assign his/her rights, receivables and obligations arising from this contract to third parties without the prior written consent of BUDGET.
15.6 To the extent permitted by law, BUDGET shall not be liable for indirect, consequential or punitive damages (including but not limited to lost profits). BUDGET's liability for damages resulting from breach of any obligation or warranty, including the obligation to indemnify the Member, and its obligation to indemnify third parties, is limited to the total amount of the fee payable to BUDGET in connection with these GTC. In any case, BUDGET shall not be liable in any way for the indirect damages suffered by the Member.
16. ENFORCEMENT and ACCEPTANCE
16.1. This GTC becomes effective on the date when BUDGET announced it on the website. Members accept the provisions of these GTC by completing the registration process and by using the website. BUDGET may change the provisions of these GTC at any time, and the changes will enter into force directly on the date of publication on the website, without any notice and/or acceptance, by specifying the version number and date of change.