תנאים והגבלות

PREAMBLE

These General Terms and Conditions (T&Cs) apply to all rentals concluded between the lessor, who is registered in the commercial register of the regional court of Korneuburg at FN 485386d

AUSTRAUTO GmbH
(hereinafter: AUSTRAUTO)
Address: Building 134, multi-storey car park 4
Car Rental Center 0A2804
1300 Vienna Airport (Austria)
VAT: ATU73093038
Tel: +43 1 700 736 540
E-Mail: info@dryyve.at

 

and the respective renter. These T&Cs, therefore, form an integral part of the rental agreement and the “cost table” (i.e. current price list) concluded between AUSTRAUTO on the one hand, and the renter on the other hand.

 

  1. Renter/Driver

 

  • Vehicle renter

 

1.1.1. A valid rental agreement may be concluded with a legal person represented by the authorised representative, or with a natural person, provided that this individual is legally competent, has the means of payment accepted by AUSTRAUTO and provides the following valid documents or information:

  1. Valid passport for non-EU/EFTA citizens or valid identity card for EU/EFTA citizens;
  2. A valid driving license issued in EU/EFTA, a physical international driving license in conjunction with a valid physical national driving license, and
  3. details of their current place of residence.

 

1.1.2. AUSTRAUTO reserves the right to refuse vehicle rental if the presented driver’s license or other personal identification documentation is significantly damaged, altered, or contains illegible information. This includes, but is not limited to, licenses with torn sections, severe fading, missing data, or physical damage that hinders proper verification of the holder’s identity, license category, or validity period. In such cases, the rental company shall not be obligated to provide the vehicle, and no liability shall arise for refusal based on unacceptable documentation.

 

1.2. Driver

 

1.2.1.  Only persons who are

  1. expressly registered as a driver with their complete data in the rental agreement may drive the vehicle. These are the renter and, if applicable, other registered drivers. The renter is obliged to provide the name and address of all other drivers unless authorised differently but always with the presence of the contractual party.
  2. have a valid driving licence within the meaning of point 1.1. and valid identity documents, which must be presented at the latest when the vehicle is taken over, and
  3. must be of the minimum age required.

 

1.2.2.  Drivers of all categories of vehicles must be at least 19 years of age. If the driver or one of the authorised drivers is a person who is between 19 and 25 years old at the time of the rental (so-called young driver), a young driver additional fee, according to the cost table, applies per rental day and young driver. Additional fees may apply depending on the driver's age.

 

1.2.3.  The vehicle may only be driven by the renter. If, on the other hand, another person is to be the driver of the vehicle or, in addition to the renter, is to be entitled to drive the rented vehicle, this must be expressly agreed upon with AUSTRAUTO. In this case, an additional driver fee per day and per additional driver in accordance with the cost table shall apply. If the additional driver is a young driver within the meaning of point 1.2.2, only the young driver additional fee per day shall apply. The driver, who is also not the renter, must meet the requirements set out in point 1.2.1.

 

1.2.4.  Persons who are not expressly listed as authorised drivers in the rental agreement may not drive the rented vehicle. Nor are any persons who are unable to present the documents referred to in point 1.1. at the time of rental. An unauthorised driver does not benefit from a (partial) liability reduction granted to the renter. If the renter allows an unauthorised driver to drive a vehicle, this constitutes a breach of contract, which shall result in the renter being liable for any damage caused by the unauthorised driver. In this case, the renter and unauthorised driver are jointly liable.

 

  1. Reservations/bookings, prepaid bookings

 

2.1.     If a renter books a vehicle (e.g. by telephone or Internet), this is only an offer to conclude a contract addressed to AUSTRAUTO. Bookings made in this way are not binding with AUSTRAUTO and therefore do not constitute the conclusion of a contract.

 

2.2.     The contract between AUSTRAUTO and the renter only comes into effect upon the transmission by AUSTRAUTO of a booking confirmation, in which all essential data on the rental, the booked vehicle class, as well as any packages and accessories also booked, are summarised to the renter. Upon conclusion of the contract, the renter expressly and irrevocably authorises AUSTRAUTO to collect all costs in connection with the rental via the means of payment chosen by them.

 

2.3.     If the renter books the vehicle at a distance via an intermediary or an intermediary platform, the contract is concluded upon transmission of a booking confirmation by the intermediary to the renter. It should be noted that in the case of bookings made in this way, the renter cannot also book the (partial) liability reduction or other accessories. If desired, this must be booked in advance directly with AUSTRAUTO. If the accessories are not booked in advance, AUSTRAUTO cannot guarantee that the desired accessories will actually still be available when the vehicle is taken over. Any accessories not booked in advance and not available on the day the vehicle is taken over shall not entitle the renter to refuse to take over the vehicle.

 

2.4.     If the renter personally visits the premises of AUSTRAUTO, the contract is concluded with the signing of the rental agreement by both parties. Upon conclusion of the contract, the renter expressly and irrevocably authorises AUSTRAUTO to collect all costs in connection with the rental via the means of payment chosen by them.

 

2.5.     Reservations are only binding for vehicle categories, but not for specific vehicle types or brands. AUSTRAUTO is entitled to provide a vehicle of a higher vehicle category instead of a vehicle of the reserved vehicle category (but at the originally agreed rental price). In the event that no vehicle of the reserved vehicle class is available, the renter is entitled to refuse to accept the vehicle without stating reasons and without incurring any costs.

 

2.6.     Booked vehicles are kept ready for the renter at the agreed pick-up station. If the renter fails to pick the vehicle up at the agreed time (no-show), the booked vehicle will be kept ready for 1 (one) hour at the pick-up station on the day of the agreed pick-up (tolerance period). After the expiry of the tolerance period, AUSTRAUTO will cancel the reservation and charge the renter for the full rental. If the booking was made at the prepaid rate, the renter will be refunded any resulting difference in their favour.

 

2.7.     It is stated that the consumer is not entitled to a general right of withdrawal under the FAGG for rental contracts within the meaning of § 18 (1) (10) of the FAGG.

 

  1. Modification and cancellation of the booking

 

3.1. Modification of the booking

 

3.1.1. 24 hours before the start of the rental period, the renter can change the booking free of charge, subject to availability, via the hotline +43 1 700 736 540 or by e-mail to info@dryyve.at. However, as a result of the tariff adjustments, it may be possible that new rental prices apply to the changed booking. A refund of any advance rental payment already paid/refund of any difference will also not be made in the event of a rebooking.

 

3.1.2.  The renter must contact AUSTRAUTO by telephone under the number +43 1 700 736 540 in order to change the content of the contract during the rental period, in particular during the agreed rental period or at the agreed place of return.

Changes to the booking conditions are only possible with the consent of AUSTRAUTO and may result in changes to the originally agreed rental payment.

 

 

 

 

 

 

3.2. Cancellation

 

3.2.1. The renter can cancel the “unlimited mileage – refundable” booking free of charge, provided they inform AUSTRAUTO in written form at least 24 hours before the agreed start of the rental period, and they are entitled to a refund. The renter cannot cancel the “limited mileage – non-refundable” booking, and they are not entitled to any refund.

 

3.2.2.  If, on the other hand, the renter cancels the booking less than 24 hours before the start of the rental period, a full rental will be charged. If the booking was made at the prepaid rate, the renter will be refunded any resulting difference in their favour.

 

3.2.3.  Cancellations can be made by e-mail at info@dryyve.at.

 

 

  1. Rental payment and deposit

 

4.1. Rental payment

 

4.1.1.  The rental payment is agreed in the rental agreement and is based on the price valid at the time of booking according to the price list or at the time of a later change of the booking, plus any packages, (partial) liability reductions and/or accessories. If the content of the contract is changed during the rental period, reference is made to point 3.1.2.

 

4.1.2.  The rental does not include fuel costs, service charges and delivery and collection costs. Special prices and discounts apply only in the event of timely and complete payment. In the event of culpably late payment, any discounts granted will be charged against the current price list.

 

4.2. Deposit

 

4.2.1. Deposit:

  1. Payment by cash or cheque is not allowed at all.

 

  1. Payment by credit card is free of charge. Your credit card must be valid for at least 6 months after the end of your rental period. Accepted credit card types are listed in the cost table.

 

  1. Debit cards are accepted as a method of payment but cannot be used for deposit pre-authorisation. Payment by debit card incurs the costs set out in the cost table.

 

  1. Virtual debit or credit cards might not be accepted.

 

4.2.2.  In addition to the rental payment, the renter is obliged to provide a deposit at the beginning of the rental period as security for the fulfilment of their obligations. The amount of the deposit to be paid in each case can be found in the cost table.

 

4.2.3.  If the renter uses a credit card as a means of payment, the deposit amount is collected in the form of a prior approval/authorisation by their bank. The deposit amount is thus reserved on the credit card at the time of conclusion of the contract and debited only in the event of the necessary use of the same. A deposit in cash is not possible.

 

4.2.4.  AUSTRAUTO is entitled to cover existing and due outstanding claims from the rental agreement after its due date from this deposit. This applies in particular to claims of AUSTRAUTO against the renter for damages that fall within their area of responsibility.

 

4.2.5.  If the renter has duly returned the rented vehicle and has fulfilled all their payment obligations resulting from the rental agreement (this includes, in addition to the rental, any additional costs and fees as well as claims for damages that fall within the renter’s area of responsibility), the deposit will be released by AUSTRAUTO to the renter’s credit card institution after the final settlement of the rental agreement. AUSTRAUTO is not responsible for the duration of the processing by the bank or credit card institution

responsible for the renter’s account.

 

 

  1. Payment terms, due date, and default interest

 

5.1.     The rental payment plus other agreed fees, such as for
(partial) liability restrictions, accessories, airport fees, etc. and the value added tax in the applicable statutory amount, must be paid in advance and in full for the entire agreed rental period. No refunds will be made in the event of delayed vehicle collection or early return. The rental is due for payment at the beginning of the rental period, whereby for bookings at the prepaid rate, the due date shall be the end of the booking.

 

5.2.     Unless otherwise agreed, the rental payment, all other agreed fees and the deposit will be settled via the renter’s means of payment. The renter must ensure that such a settlement is possible (due to appropriate account coverage). If this is not the case, the renter shall be liable to AUSTRAUTO for all additional costs incurred as a result (in particular, chargeback fees, default interest, etc.). If it is not possible to settle the renter’s payment, AUSTRAUTO is entitled to terminate the tenancy with immediate effect.

 

5.3.     If further costs or fees are incurred during the rental period, these will be invoiced to the renter as part of the final invoice (see point 14), provided that they can already be calculated at this time.

 

5.4.     In the event of late payment caused by the renter – with regard to the rental or with regard to other (compensation) claims resulting from the rental – default interest of 12% per annum shall apply (if the renter is a consumer within the meaning of 4% per annum). For reminders, additional reminder fees are charged per reminder according to the cost table.

 

  1. Takeover of the vehicle by the renter

 

6.1.     On the part of AUSTRAUTO, the vehicle of the booked vehicle category is kept ready for collection by the renter at the agreed pick-up station during opening hours.

Pickups outside of opening hours must be arranged with AUSTRAUTO. For agreed pickups between 20:00 and 08:00, there is an out-of-hours fee according to the cost table.

 

6.2.    Upon termination of the rental agreement, the renter is obliged to return the vehicle with the same fuel tank level as at the time of pick-up. If the vehicle is not returned with the same fuel tank level, the refuelling will be carried out by AUSTRAUTO’s employees, and the renter will be charged for the fuel costs incurred and a service surcharge for the refuelling within the meaning of the cost table.

 

The fuel tank level must be noted in the check-out form or on the rental agreement, and the lessee must return the vehicle with the same fuel level as at the time of the handover (pick-up).

 

6.3.     The vehicle is subject to the return regulations applicable at each location. The vehicle is checked by the renter together with an AUSTRAUTO employee or an employee of a third party authorised by AUSTRAUTO. Any damage or missing fuel tank level must be noted on the check-out form, which must be signed by the renter and the AUSTRAUTO employee unless this is already included in the rental agreement. Damage not noted on the check-out form signed by both parties and found upon return of the vehicle shall be deemed to have been caused by the renter unless they proves otherwise (the burden of proof shall not be reversed if the renter has not paid the consumer in accordance per the Consumer Protection Act). This also applies to defects or damage to the accessories that have been booked.

 

  1. Obligations of the renter, use of the vehicle

 

7.1. Obligations of the renter

 

7.1.1.  The renter is obliged to treat the vehicle with care. They must observe all relevant regulations for the use of such a vehicle (in particular the Motor Vehicle Act and the Road Traffic Regulations) and check regularly during the rental period whether the vehicle is still in an operational and safe condition. Before the start of the journey, the renter must inform himself about the correct operation of the vehicle and comply with the relevant regulations and recommendations (in particular regular testing of the adequate level of engine oil, coolant, tyre pressure and other equipment).

 

7.1.2.  For vehicles with an AdBlue®-Tank, the renter must ensure that the AdBlue®-Tank is always adequately filled. The renter and their vicarious agents are liable without limitation for violations of the above obligation committed during the rental period; the renter indemnifies AUSTRAUTO from all claims asserted by authorities or other third parties against AUSTRAUTO for failure to refuel the AdBlue®-Tank, in particular from administrative penalties. If the renter is a consumer within the meaning of the Consumer Protection Act, they are liable under this provision only in the event of alleged fault.

 

7.1.3.  The renter is obliged to return the vehicle, the vehicle keys and the accessories at the end of the rental period on the agreed day, at the agreed time and at the agreed place of return. The vehicle, keys and accessories must be returned in the condition in which AUSTRAUTO provided them upon rental, taking into account ordinary wear and tear. If the renter does not return the vehicle as stated above, AUSTRAUTO shall take precedence within the meaning of point 13.4. to 13.6. of these terms and conditions.

 

7.1.4.  The renter is liable for all fees, toll costs and (traffic) penalties incurred in connection with the use of the vehicle, for which AUSTRAUTO or the vehicle owner is held liable and insofar as these are the responsibility of the renter/driver. The relevant penalty and breach of contract fees as outlined in the contract will be deducted from the deposit or the credit card of the renter.

 

7.1.5.  The renter/driver is obliged to ensure that the luggage or goods transported in the vehicle are secured in such a way that no damage to the vehicle is caused, and this does not pose a risk to the passengers. The applicable legal regulations for securing loads in accordance with statutory provisions must be observed.

 

7.1.6.  The renter/driver may not drive the vehicle if their ability to drive is impaired, in particular by the influence of alcohol, medication, drugs, illness or fatigue.

 

7.1.7.  The renter/driver is liable for any damage caused by incorrect refuelling, in particular for the necessary costs of towing the vehicle and/or repairing the damage.

 

7.1.8.  Smoking is strictly prohibited in the vehicles. In the event of an infringement, AUSTRAUTO is entitled to claim special cleaning costs from the renter/driver in accordance with the cost table.

 

7.2. Use of the vehicle

 

7.2.1.  The vehicle may only be used in public road traffic (including paved private roads and parking spaces), but not for driving school exercises. Furthermore, the vehicle may not be used:

  1. for motorsports purposes, in particular driving events where it is important to achieve a maximum speed, or for the corresponding practice runs;
  2. for vehicle testing or driving safety training;
  3. for the carriage of passengers for hire or reward or for driving school purposes or as part of driving licence training;
  4. for re-letting;
  5. to pull or push other vehicles. Nor may the vehicle be used to tow a trailer unless the hired vehicle is fitted with a trailer coupling and the maximum authorised weight recorded in the vehicle documents is not exceeded;
  6. for the commission of criminal offences, even if they are punishable only under the law of the place of the offence;
  7. for the carriage of highly flammable, toxic or otherwise dangerous substances;
  8. for journeys away from paved (asphalted, concrete, paved or similar (compacted) pavement) roads.
  9. Smoking and carrying animals or goods in our vehicles is prohibited.
  10. The renter is strictly prohibited from using the rental vehicle on any ferry or watercraft. Violating this condition may result in additional charges and potential termination of the rental agreement.

 

7.2.2.  In the event of a breach of the above-mentioned obligations (points 7.1.6. and 7.2.1.), AUSTRAUTO reserves the right to declare the premature termination of the rental agreement to demand the immediate return of the vehicle and, if necessary, to assert claims for damages. This applies in particular to damage to the vehicle caused by the renter, as a result of which further use of the vehicle is not possible. The renter is liable to AUSTRAUTO for all consequences arising from the culpable violation of the above-mentioned obligations by him or the driver. Any (partial) limitation of liability agreed upon shall be ineffective in the event of such violations.

 

  1. Trips abroad

8.1.      The renter may leave the territory of the Republic of Austria with the vehicle, only upon paying a Cross border fee to cover the related costs. The renter is aware of a security GPS locator system installed in the rented vehicle, which monitors the vehicle’s position at any time. The GPS locator will send  a signal immediately upon entering any country, and AUSTRAUTO will invoice immediately the relevant fee as stated in the cost table.

8.2.      By paying the cross-border fee in accordance with the cost table, the journey is permitted in the corresponding countries listed in the cost table.

8.3.     In order to control theft of vehicles, all travel to countries which are not listed in point 8.2. is prohibited. If the vehicle is notified of unauthorised crossing in non-permitted countries, AUSTRAUTO will report immediately to the competent authorities that the vehicle is being stolen; consequently, the theft procedure will be started. The same applies in the case of disconnection of the GPS Locator. If the removal is done by the Renter, and not for theft, a penalty according to the cost table will be invoiced and taken from the Renter’s credit card.

 

  1. Procedure in the event of breakdowns, procedure in the event of a traffic accident, theft

 

9.1. Procedure in the event of breakdowns

 

9.1.1.  During the rental period, the renter must pay attention to any illuminated warning lights on the vehicle display and, when they are illuminated, check whether it is possible to continue driving (even to the nearest possible garage). They must immediately take all necessary measures that are listed in the operating instructions. If the operating instructions for this type of warning light do not recommend continuing the journey, the renter must stop the vehicle immediately and abort the journey.

 

9.1.2.  In case of doubt, the renter must call the phone number shown on the rental agreement provided by AUSTRAUTO for such cases.

 

9.1.3.  The renter is liable to AUSTRAUTO for all damages resulting from the culpable violation of the above obligations. They is also liable for all costs arising from self-inflicted breakdowns. In the event of such breaches of contract, any agreed (partial) limitation of liability shall not apply.

 

9.1.4. Replacement vehicles are not provided. If the rented vehicle becomes unusable during the rental period, only the paid but unused rental days will be refunded.

 

9.2. Procedure in the event of a traffic accident

 

9.2.1.  After an accident, theft, fire or wildlife damage, the renter must immediately notify the police. Even in the case of purely material damage, the nearest police department must be requested to record the accident report. If the police refuse to accept the accident, the renter must prove this to the AUSTRAUTO in a suitable form (e.g. written confirmation from the police or information (including day and time) as to which police department has been notified by telephone, but has refused to accept the damage).

 

9.2.2.  If no third party has been damaged by the accident or – in the case of pure property damage – a data exchange could take place with the damaged third party, the communication of the next police department can exceptionally be omitted if only minor paint damage (scratches, etc.) has occurred on the vehicle. In such a case, however, the renter is obliged to report this damage and all details of the incident to AUSTRAUTO, submitting an accident report. The accident report must be submitted to AUSTRAUTO no later than two days after the incident. It must contain the data of the parties involved (in particular name, date and place of birth and address), any witnesses and the registration plates of the vehicles involved.

 

9.2.3.  Without prior consultation with AUSTRAUTO, the renter may not make any acknowledgement of fault vis-à-vis third parties. Any damages caused by third-party vehicles will incur a breach of contract fee and may result in the retention of the deposit until all claims are resolved. In case of any discrepancies, the differences will be deducted from the deposit or charged to the credit/debit card.

 

9.2.4.  However, if the vehicle has been damaged by unknown third parties (parking damage, accident with hit-and-run), the renter must in any case, even in the event of minor damage, immediately notify the nearest police station and request that the damage be recorded.

 

9.2.5.  Any intentional or grossly negligent violation of the obligations mentioned in the above points (these are obligations within the meaning of § 6 VersVG) leads to the exemption from payment of the insurance or the loss of any agreed
(partial) limitation of liability, insofar as this violation has had an influence on the determination of the insured event, the determination or scope of the insurance benefit and/or the determination or scope of the renter’s obligation to pay breach of contract fees to AUSTRAUTO or has occurred with the intention of influencing these performance obligations or impairing the determination of these circumstances.

 

9.2.6.  The renter is liable to AUSTRAUTO for all damages
(in particular, necessary and – insofar as this is an out-of-court assertion – also in a reasonable proportion to the claim operated) resulting from information about the accident culpably incorrectly made by him.

 

9.3. Theft

 

9.3.1.  In the event of theft, the renter must report this immediately to the nearest police station and hand AUSTRAUTO a copy of the notification together with the vehicle keys and documents, if these have not been stolen.

 

9.3.2.  In the event of culpable omission of this obligation, the renter shall be liable for all resulting disadvantages and disadvantages incurred by AUSTRAUTO within the meaning of point 9.2.6. Point 9.2.5. shall apply mutatis mutandis in the event of theft.

 

  1. Motor vehicle liability insurance

All rental vehicles are insured against liability in accordance with the statutory provisions. Damage to the rental vehicle itself is not covered by this liability insurance; nor are the occupants and objects carried by them insured by this insurance.

 

  1. Liability of AUSTRAUTO

 

11.1.   AUSTRAUTO is liable in cases of its own intent or gross negligence as well as for personal injury. The claim for damages due to breach of essential contractual obligations is limited to the foreseeable damage typical of the contract (this limitation of liability applies in the event that the renter is a consumer within the meaning of Consumer protection law, only in the case of damage caused by AUSTRAUTO or persons whose behaviour is attributable to AUSTRAUTO). Liability of AUSTRAUTO for lost profits is excluded (this limitation of liability applies in the event that the renter is a consumer within the meaning of the Consumer Protection Act, only in the case of damage caused by AUSTRAUTO or persons whose behaviour is attributable to AUSTRAUTO).

 

11.2    AUSTRAUTO is not liable for items that are brought into the vehicle by the renter and stolen, damaged or left behind when the vehicle is returned. This exclusion of liability does not apply in the event of intent or gross negligence on the part of AUSTRAUTO or persons whose conduct is attributable to AUSTRAUTO in accordance with the statutory provisions.

 

  1. Liability of the renter, limitation of liability

 

12.1. Liability of the renter

 

12.1.1. Unless expressly agreed otherwise in individual cases, the renter is liable to AUSTRAUTO for all damage to the vehicle and its equipment or for the loss (theft, etc.) of the vehicle (and its equipment), insofar as these damages or the loss occurred between the takeover of the vehicle by him and the provision of the same. They must return the vehicle in the condition in which they has taken it over (subject to normal wear and tear for the duration of the rental and the mileage travelled).

 

12.1.2. Provided the renter is not a consumer within the meaning of the Consumer Protection Act, this liability is not tied to the fault of the renter in the damage that has occurred. However, the renter is not liable insofar as these damages were caused by AUSTRAUTO or by persons whose behaviour is attributable to AUSTRAUTO in accordance with the statutory provisions, or are due to manufacturing defects or natural wear and tear.

 

12.1.3. The renter is jointly liable for the actions of persons to whom they has given the vehicle – with or without the consent of AUSTRAUTO – as well as for their own actions, insofar as this action is related to the provision or use of the vehicle. The renter is therefore not liable in these cases, in particular for damages for which AUSTRAUTO is responsible. Any (partial) limitation of liability agreed within the meaning of the provisions below shall not be effective if the renter (or a person attributable to him) transfers the vehicle to a third party without declaring it in advance to AUSTRAUTO and damage to the vehicle occurs during this time (without the fault of AUSTRAUTO).

 

12.1.4. In any case, the renter is liable for violations of statutory provisions, in particular traffic and regulatory regulations, committed by himself or by persons for whom they is responsible within the meaning of the above provisions (for which AUSTRAUTO is not responsible) during the rental period. The renter shall indemnify and hold blameless AUSTRAUTO or the vehicle owner from and against all administrative penalties, and other costs (in particular any reasonable legal costs) incurred by AUSTRAUTO as the owner of the vehicle or by the vehicle owner as a result of such violations. AUSTRAUTO will pass on the data of the renter to the authorised authorities in the event of requests for information in this regard. As compensation for the administrative burden of AUSTRAUTO arising from the processing of inquiries sent to it by the authorities to investigate administrative offences and criminal offences committed during the rental period, AUSTRAUTO receives a breach of contract fee for penalties according to the cost table from the renter for each inquiry by the authorities; AUSTRAUTO is free to claim further demonstrable damages.

 

12.1.5. The renter must observe all relevant regulations and the rights of third parties when driving or parking the vehicle. In particular, the vehicle may not be parked on the private property of third parties without the appropriate permission of authorised persons. If violations of this provision are alleged by a third party, AUSTRAUTO will inform this third party of the name and address of the renter upon request, so that the same can assert any claims in this regard directly against the renter. If AUSTRAUTO or the vehicle owner is nevertheless asserted by a third party due to acts or omissions of the renter (in particular by way of actions for disturbance of possession or injunctive relief), AUSTRAUTO or the vehicle owner will announce the dispute to the renter in these proceedings in order to give the renter the opportunity to defend against the claims of the third party. If it emerges from the proceedings that there was culpable conduct on the part of the renter or persons for whom they is responsible, they must indemnify and hold AUSTRAUTO or the vehicle owner harmless with regard to all damages and disadvantages arising therefrom (including the costs of the proceedings).

 

12.2.   (Partial) Limitation of liability

 

12.2.1. By booking the packages offered by AUSTRAUTO and referred to in the cost table, the renter may limit the liability for damage resulting from accidents and/or thefts to the extent provided for in the respective package by paying a special fee to the agreed deductible. In this case, they is only liable for damage resulting from traffic accidents and/or theft or wilful damage to the vehicle by third parties, beyond the agreed (partial)limitation of liability, if:

  1. they or persons to whom they has left the vehicle have caused the damage by intent or gross negligence, in particular for damage caused by intent or gross negligence, which has occurred due to operating errors, misfuelling, slipping of cargo, braking manoeuvres caused by the renter, improper handling of snow chains or luggage carriers, improper loading, failure to close covers/windows in rain and wind, failure to observe the maximum clearance height and width of the vehicle (for entrances, bridges, tunnels, etc.) and inadequate vehicle security (unlocked vehicle or leaving the key unhidden), etc.;
  2. the vehicle was driven with the knowledge and consent of the renter at the time of damage by a person (left to a person) who was not named in advance as a driver to AUSTRAUTO;
  3. the driver of the vehicle did not have a valid driving licence at the time of the accident or the ability of the driver to drive was impaired by alcohol, drugs or for similar reasons;
  4. the vehicle has been used at the time of damage contrary to the provisions of point 7.2.1 of these Conditions;
  5. the renter or their passengers cause damage to or soiling of the interior of the vehicle (such as burn holes in the seats, etc.), insofar as these do not constitute direct consequences of the accident;
  6. any of the obligations referred to in point 9 of these Conditions (Obligations) have been breached;
  7. they or the driver to whom they has given the vehicle has committed an accidental escape, insofar as the legitimate interests of AUSTRAUTO in the determination of the damage were generally affected, unless the breach of duty was not intentional or grossly negligent;
  8. the damage has not occurred during the agreed rental contract period (i.e. in particular in the event of a delay in the return of the vehicle);
  9. the damage has arisen during an unauthorised trip abroad.

 

12.2.2. If the renter leaves valuables in the vehicle in such a way that they are visible from the outside, theft or burglary attempts are, in any case, considered to be grossly negligent, so that any agreed (partial) limitation of liability does not take effect in this case.

 

12.2.3. If no (partial) limitation of liability applies, the renter must compensate AUSTRAUTO for all damage excess. In addition, AUSTRAUTO is entitled to charge the renter breach of contract fees in accordance with the cost table for each claim, in addition to the damage incurred.

 

  1. Return of the vehicle

 

13.1.   The renter is obliged to return the vehicle and the vehicle keys as well as the rented accessories to AUSTRAUTO at the end of the rental period on the agreed day, at the agreed time and at the agreed return location. If the agreed place of return is abroad, the renter will be charged a one-way fee in accordance with the cost table. The vehicle, keys and accessories must be returned in the condition in which they were made available to the renter at the beginning of the rental period, taking into account ordinary wear and tear. If the rental agreement has been amended within the meaning of point 3.1.2. During the rental period, the renter is entitled to use the vehicle until the end of the rental period according to the amended rental agreement. The rental agreement only ends when the vehicle has been returned to the agreed location and the vehicle keys and other accessories have been handed over to an AUSTRAUTO employee.

 

13.2.   The vehicle must be cleared and cleaned of the renter’s own property or that of persons attributable to him.

 

13.3. I agree to return the vehicle in a clean condition and accept a cleaning fee if it is not returned clean, both inside and out. I expressly authorise charges to my credit/debit card for this fee, even if the card is not present and after the rental period has ended.

 

13.4.   In the event of the return of the vehicle at an earlier date than agreed in the rental agreement, there is no entitlement to reimbursement of part of the rental costs.

 

13.5.   When returning the vehicle during opening hours, the vehicle, as well as the rented accessories, are examined for any new damage by an AUSTRAUTO employee. AUSTRAUTO and the renter are obliged to draw up and sign a return report by filling out a check-in form. Any new damage will be documented photographically by the employee of AUSTRAUTO. At the request of the renter, a copy of the completed check-in form will be handed over to them.

If new damage is found and the renter confirms this by signing the return protocol or the check-in form, they must pay for the damage excess incurred. If possible, the amount of the damage incurred will be shown in the final invoice.

If the renter refuses to sign the return protocol despite new damage being discovered, the procedure is set out in point 13.7. will be followed.

 

13.6.   If, for reasons for which the renter is responsible, the vehicle cannot be inspected jointly with the AUSTRAUTO employee, the vehicle will be inspected by the AUSTRAUTO employee in the absence of the renter. Non-performance of a joint vehicle inspection is noted on the rental contract or on the check-in form. Should the AUSTRAUTO employee detect new damage, AUSTRAUTO shall take precedence within the meaning of point 13.7.

 

13.7.   AUSTRAUTO also offers its renters the option of returning the vehicle outside regular opening hours. If the vehicle inspection process, valid on the check-in location, cannot be carried out together with an employee of AUSTRAUTO or an employee of the third party authorised by AUSTRAUTO, the renter is obliged to indicate all new damage (to the vehicle or the accessories rented with it) on the accident report contained in the vehicle documents. The accident report must then be handed over to the authorised employee or placed together with the vehicle keys into the key return box specially provided for this purpose.

 

In this case, the vehicle remains in the parking lot until the AUSTRAUTO station opens again, which immediately carries out the inspection of the vehicle and finalisation of the rental contract is carried out. As part of the subsequent vehicle inspection, an AUSTRAUTO employee creates the return report or the check-in form. If any damage is found in the area of responsibility of the renter, the renter will be informed immediately, and the relevant damage excess costs as outlined in the contract will be deducted from the deposit or the credit card of the renter.

The renter is responsible for all damages that will be found after the return of the vehicle until the check-in procedure has been completed. The check-in procedure ends with the signing of the return report by both parties. If the return happens outside of opening hours, the renter will be responsible until the return report is processed. If, during opening hours, the renter refuses to sign the return report, they will be responsible in full for any damages that are found on the vehicle.

 

13.8.   In the event that the vehicle is not returned at the agreed time (late return), and the renter also does not announce the late return, AUSTRAUTO reserves the right to notify the competent authority.

 

13.9.   In the event of a late return, the following shall apply under one of the following conditions:

 

In the event of a delay of up to 60 minutes, AUSTRAUTO will not charge the renter any additional costs or fees.

 

If the delay is more than one hour, AUSTRAUTO will charge the renter an additional 1 (one) day rental fee, according to the applicable rate of the date of return, multiplied by the number of days of delays.

 

13.10.   In the event of a delayed return of the vehicle for which the renter is responsible, any agreed
(partial) The limitation of liability no longer applies since the fee paid by the renter for the limitation of liability only covers the period up to the agreed provision.

 

  1. Final settlement

 

14.1.   AUSTRAUTO prepares the final invoice of the rental agreement at the earliest when the vehicle is returned. If additional costs or fees have been incurred, the renter will also be charged these amounts and debited from their chosen payment method during the booking. In the final settlement, the advance payment made at the time of booking is taken into account and deducted from any higher total amount.

 

14.2.   If damages have occurred to the vehicle or the rented accessories, the calculation of which cannot be made immediately after the vehicle has been returned, AUSTRAUTO will issue the final invoice as soon as possible. The renter acknowledges that, in this case, the final invoice may be delayed accordingly until the amount of the damage excess has been collected.

 

14.3. If the car is returned with new damage incurred during the rental period, the Customer agrees that the provided credit/debit card may be charged for the damage excess amount of repairs and the breach of contract fees outlined in the general fees cost table.

 

14.4.   Further damages and costs that AUSTRAUTO becomes aware of after the final invoice has been made (e.g. traffic penalties) and for which the renter is responsible will be communicated to the renter after they become known. In this case, the renter undertakes to reimburse AUSTRAUTO for the notified damages and costs, plus a breach of contract fee in accordance with the cost table, within 14 days.

 

  1. Data protection clause

 

15.1.   AUSTRAUTO processes personal data collected directly from renters, including the data of each registered driver, in the course of initiating and processing contracts. This is to process the tenancies and the payment claim, checking the identity, for fraud monitoring and for further questions before, during and after termination of the contractual relationship. Further information on the processing of data is available at https://dryyve.at

 

15.2.   The name, address and rental data of the renter will be transmitted by AUSTRAUTO to the respective authority in the event of justified official inquiries, and to this third party in the event of an alleged violation of the rights of third parties (e.g. in the event of a disturbance of possession).

  1. Applicable law and jurisdiction, Other

 

16.1.   This contract is subject to Austrian law to the exclusion of its international referral standards. This does not affect the obligation of the renter to comply with the applicable local law when travelling abroad.

 

16.2.   The sole place of jurisdiction is the competent court for Vienna, Inner City. If the renter is a consumer within the meaning of § 14 of the Consumer Protection Act, the place of jurisdiction is the court responsible for the renter’s place of residence. The renter may bring actions against AUSTRAUTO, but also in the aforementioned court.

 

16.3.   Offsetting against claims of AUSTRAUTO is only permitted with undisputed

claims recognised by AUSTRAUTO or legally established.

 

16.4.   Where personal expressions are used in these Terms and Conditions, they shall apply equally to men and women.

 

16.5.   Verbal collateral agreements do not exist or expire with the signing of the contract. Changes, including to this provision, must be made in writing.

 

16.6.   Should any provision of the rental agreement or these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

 

 GENERAL RENTAL CONDITIONS DRYVVE ITALIA SRL ITALIA SRL

 

PREAMBLE

These General Conditions (GTC) apply to all rentals concluded between the lessor,

 

DRYVVE ITALIA SRL

Via Giuseppe Gioacchino Belli 86 – 00193 Rome

VAT 17638341002

info@DRYVVE.it

 

And the lessee customer.

These GTC, therefore, constitute the rental contract together with any attachment, the “Cost Table” and any further written Order that may occur within the scope of the service.

 

  1. Lessee/Driver

 

1.1. Vehicle Lessee

A valid rental agreement may be concluded with a legal entity represented by the authorised representative, or with a natural person, provided that this person is legally capable, has means of payment accepted by DRYVVE ITALIA SRL and provides the following valid documents or information:

  1. Valid passport for non-EU/EFTA citizens or valid identity card for EU/EFTA citizens.
  2. A valid driving licence issued in the EU/EFTA, an international driving licence, together with a valid national driving licence
  3. Details of their current place of residence and actual domicile, if different.

 

1.2. Driver

 

1.2.1. Only persons who are:

  1. Expressly registered as a driver with their full details in the rental agreement may drive the vehicle. These are the lessee and, if applicable, other registered drivers. The lessee is obliged to provide the name and address of all other drivers, unless otherwise authorised, but always in the presence of the contractual party.
  2. In possession of a valid driving licence according to point 1.1. and valid identity documents, which must be presented at the latest upon collection of the vehicle, and
  3. must be of the required minimum age.

 

1.2.2. Drivers of all vehicle categories must be at least 19 years old. If the driver or one of the authorised drivers is a person who is between 19 and 25 years old at the time of rental (so-called young driver), an additional young driver fee applies, according to the “Cost Table”, per rental day and young driver. Additional charges may apply depending on the age of the driver.

 

 

 

 

 

  1. Reservations, prepaid reservations

 

2.1. If a lessee reserves a vehicle (e.g. by telephone or Internet), this is only an offer to conclude a contract addressed to DRYVVE ITALIA SRL. Reservations made in this way are not binding with DRYVVE ITALIA SRL and therefore do not constitute the conclusion of a contract.

 

2.2. The contract between DRYVVE ITALIA SRL and the lessee comes into force only upon transmission by DRYVVE ITALIA SRL of a booking confirmation, in which all essential data on the rental, the class of the booked vehicle, as well as any booked packages and accessories, are summarised to the lessee. Upon conclusion of the contract, the lessee expressly and irrevocably authorises DRYVVE ITALIA SRL to collect all costs relating to the rental via the means of payment chosen by them.

 

2.3. If the lessee books the vehicle remotely via an intermediary or an intermediary platform, the contract is concluded upon transmission of a booking confirmation by the intermediary to the lessee (see article 16 below). Please note that in the case of bookings made in this way, the lessee cannot also book (partial) liability reduction or other accessories. If desired, this must be booked in advance directly with DRYVVE ITALIA SRL. If accessories are not booked in advance, DRYVVE ITALIA SRL cannot guarantee that the desired accessories will still be available when the vehicle is picked up. Any accessories not booked in advance and not available on the day of picking up the vehicle do not entitle the lessee to refuse to pick up the vehicle.

 

2.4. If the lessee personally visits the premises of DRYVVE ITALIA SRL, the contract is concluded with the signature of the rental contract by both parties. Upon conclusion of the contract, the lessee expressly and irrevocably authorises DRYVVE ITALIA SRL to collect all costs relating to the rental through the means of payment chosen by them.

 

2.5. Reservations are binding only for vehicle categories, but not for specific vehicle types or brands. DRYVVE ITALIA SRL has the right to provide a vehicle of a higher vehicle category instead of a vehicle of the booked vehicle category (but at the originally agreed rental price). If no vehicle of the booked vehicle class is available, the lessee has the right to refuse to accept the vehicle without stating reasons and without incurring any costs.

 

2.6. The booked vehicles are kept ready for the lessee at the agreed pick-up station. If the lessee does not collect the vehicle at the agreed time (no-show), the booked vehicle will be kept ready for 59 minutes at the pick-up station on the agreed pick-up day (grace period). After the grace period has expired, DRYVVE ITALIA SRL will cancel the reservation and charge the lessee for the entire rental. If the reservation was made at the prepaid rate, the lessee will be refunded any difference resulting in their favour.

2.7 Without prejudice to the provisions of the following articles 3.1. and 3.2, following acceptance, the customer's right of withdrawal is excluded. Per Article 59(n) of Legislative Decree 206/2005 (‘Consumer Code’), the lessee, as a consumer, acknowledges that the right of withdrawal does not apply to this distance contract, as it concerns the reservation of a vehicle for a specific date or period; therefore, falling within the services relating to leisure time.

 

  1. Modification and cancellation of the reservation

 

3.1. Changing your booking

 

3.1.1. 24 hours before the start of the rental period, the lessee may modify the reservation free of charge, subject to availability, by email. However, due to rate adjustments, it may be possible that new rental prices will be applied to the modified reservation. A refund of any prepayment of the rental already paid / refund of any difference will not be made in the event of a new reservation.

 

3.1.2. The lessee must contact DRYVVE ITALIA SRL by email at info@DRYYVE.it to modify the content of the contract during the rental period, during the agreed rental period or at the agreed return location.

Changes to the booking conditions are possible only with the consent of DRYVVE ITALIA SRL and may result in changes to the rental payment originally agreed upon.

 

3.2. Cancellation

 

3.2.1. The lessee may cancel the "refundable" reservation free of charge if they inform DRYVVE ITALIA SRL in writing at least 24 hours before the agreed start of the rental period and is entitled to a refund. The lessee cannot cancel the "non-refundable" reservation and is not entitled to any refund, as provided in the previous art. 2.7

 

3.2.2. If, on the other hand, the lessee cancels the reservation less than 24 hours before the start of the rental period, the full rental amount will be charged. If the reservation was made at the prepaid rate, the lessee will be refunded any difference resulting in their favour.

 

3.2.3. Cancellations can be made by email to info@DRYVVE.it

 

 

  1. Rent payment and security deposit

 

4.1 Payment of the rent

 

4.1.1. The rental payment is agreed in the rental contract and is based on the price valid at the time of booking according to the price list or at the time of a subsequent change of booking, plus any packages, (partial) liability reductions and/or accessories. If the content of the contract is changed during the rental period, reference is made to point 3.1.2.

 

4.1.2. The rental does not include fuel costs, service charges and delivery and collection costs. Special prices and discounts apply only in case of timely and complete payment. In case of culpable delay in payment, any discounts granted will be charged at the current price list.

 

4.2 Deposit

 

4.2.1. Cash payment is not permitted. Payment by credit card is free of charge. The types of credit cards accepted are listed in the “Cost Table”. Payment by debit card incurs the costs listed in the “Cost Table”.

 

4.2.2. In addition to the payment of the rent, the lessee is required to pay a deposit at the beginning of the rental period as a guarantee of fulfilling their obligations. The amount of the deposit to be paid in each case is set out in the “Cost Table”.

 

4.2.3. If the lessee uses a credit card as a means of payment, the deposit amount is collected in the form of prior approval/authorisation by their bank. The deposit amount is then reserved on the credit card at the time of conclusion of the contract and only debited in case of necessary use of the card. Depending on the credit card circuit used, the release of the deposit may take several days. A cash deposit is not possible.

 

4.2.4. DRYVVE ITALIA SRL has the right to retain amounts equal to the damage excess suffered and charged to the Customer, even if pending due to disputes by the Customer themself, arising from the rental contract, ascertained before or after the expiry of the same.

 

4.2.5. If the lessee has returned the rented vehicle on time and has fulfilled all of their payment obligations under the rental agreement (this includes, in addition to the rental, any additional costs and fees as well as claims for damage excess that fall within the scope of the lessee's liability), the deposit will be released by DRYVVE ITALIA SRL to the lessee's credit card institution after final settlement of the rental agreement. DRYVVE ITALIA SRL is not responsible for the duration of processing by the bank or credit card institution

responsible for the lessee's account.

 

 

  1. Payment terms, due date, late payment interest

 

5.1. The rental payment plus other agreed fees, such as
(partial) liability limitations, accessories, airport taxes, etc. and value added tax in the applicable legal amount, must be paid in advance and in full for the entire agreed rental period. No refunds will be made in the event of late collection of the vehicle or early return. The rental is due for payment at the beginning of the rental period, so for bookings at the prepaid rate, the due date will be the end of the booking.

 

5.2. Unless otherwise agreed, the rent payment, all other agreed fees, and the deposit will be settled through the lessee's means of payment. The lessee must ensure that such settlement is possible (through adequate account coverage). Otherwise, the lessee will be liable to DRYVVE ITALIA SRL for all additional costs incurred as a result (in particular, debit fees, late payment interest, etc.). If it is not possible to settle the lessee's payment, DRYVVE ITALIA SRL has the right to immediately terminate the rental agreement.

 

5.3. If, during the rental period, additional costs or fees should arise, these will be invoiced to the lessee as part of the final invoice (see point 14), if they are already calculable at that time.

 

5.4. In case of late payment caused by the lessee, about the rental or about other (compensation) claims arising from the rental, interest on late payment of 12% per annum will apply (if the lessee is a consumer, it will be 4% per annum). For reminders, additional reminder fees per reminder will be charged according to the “Cost Table”.

 

  1. Delivery of the vehicle by the lessee

 

6.1. DRYVVE ITALIA SRL will keep the vehicle of the booked vehicle category ready for collection by the lessee at the agreed collection station during opening hours.

After-hours collections must be agreed upon with DRYYVE ITALIA SRL. A specific fee is applicable for after-hours collections as per the “Cost Table”.

 

6.2. Upon termination of the rental agreement, the lessee is obliged to return the vehicle with the same fuel level as the tank at the time of collection. If the vehicle is not returned with the same fuel level, refuelling will be carried out by employees of DRYVVE ITALIA SRL, and the lessee will be charged for the fuel costs incurred and a service charge for refuelling per the “Cost Table”.

 

The fuel tank level must be noted on the check-out form or rental agreement, and the lessee must return the vehicle with the same fuel level as at the time of delivery (collection).

 

6.3. The vehicle is subject to the return rules applicable at each location. The vehicle is checked by the lessee together with an employee of DRYVVE ITALIA SRL or an employee of a third party authorised by DRYVVE ITALIA SRL. Any damage or missing fuel levels must be noted on the check-out form, which must be signed by the lessee. Damages not noted on the check-out form signed by the customer and found upon return of the vehicle will be considered to have been caused by the lessee, unless they prove otherwise. This also applies to defects or damages to accessories that have been booked.

 

  1. Obligations of the lessee, use of the vehicle

 

7.1. Lessee's obligations

 

7.1.1. The lessee is obliged to use and maintain the vehicle with care. They must observe all relevant regulations for the use of such a vehicle (the Motor Vehicle Act and the Road Traffic Regulations) and regularly check during the rental period whether the vehicle is still in a safe and operational condition. Before starting the journey, the lessee must inform themselves about the proper operation of the vehicle and comply with the relevant regulations and recommendations (regular checking of the appropriate level of engine oil, coolant, tire pressure and other equipment).

 

7.1.2. For vehicles with an AdBlue® tank, the lessee must ensure that the AdBlue® tank is always adequately filled. The lessee and their vicarious agents are liable without limitation for violations of the above obligation committed during the rental period; the lessee indemnifies DRYVVE ITALIA SRL from all claims asserted by authorities or other third parties against DRYVVE ITALIA SRL for failure to refill the AdBlue® tank, from administrative penalties. If the lessee is a consumer within the meaning of the Consumer Protection Act, they are liable under this provision only in the event of alleged fault.

 

7.1.3. The lessee is obliged to return the vehicle, the vehicle keys and the accessories at the end of the rental period on the agreed day, at the agreed time and the agreed place of return. The vehicle, the keys and the accessories must be returned in the condition in which DRYVVE ITALIA SRL supplied them at the time of rental, considering normal wear and tear. If the lessee fails to return the vehicle as indicated above, DRYVVE ITALIA SRL will have priority per point 13.4. to 13.6. of these terms and conditions.

 

7.1.4. The lessee is responsible for all fees, toll charges and (traffic) penalties incurred in connection with the use of the vehicle, for which DRYVVE ITALIA SRL or the owner of the vehicle are held responsible and to the extent they are the responsibility of the lessee/driver. The related penalties constitute a breach of contract. Breach of contract compensation fees agreed upon in the contract will be deducted from the deposit or the credit card of the lessee.

 

7.1.5. The lessee/driver is obliged to ensure that luggage or goods transported in the vehicle are secured in such a way that no damage is caused to the vehicle and that this does not pose a risk to passengers. The applicable legal provisions for securing loads per the legal provisions must be observed.

 

7.1.6. The lessee/driver may not drive the vehicle if their driving ability is impaired by the influence of alcohol, medication, drugs, illness or tiredness.

 

7.1.7 The lessee/driver is responsible for any damage caused by incorrect refuelling, for the costs necessary for towing the vehicle and/or repairing the damage.

 

7.1.8. Smoking in vehicles is strictly prohibited. In case of violation, DRYVVE ITALIA SRL has the right to request the lessee/driver for special cleaning costs per the “Cost Table”.

 

7.2. Use of the vehicle

 

7.2.1. The vehicle may only be used in public road traffic (including private asphalt roads and parking lots), but not for driving school practice. Furthermore, the vehicle may not be used, but is not limited to:

  1. for motorsport purposes, for driving events where it is important to reach a maximum speed, or for related test drives.
  2. for vehicle testing or driving safety training.
  3. for the carriage of passengers for reward or payment, or for driving school purposes, or as part of training for the issue of a driving licence.
  4. for re-letting.
  5. to tow or push other vehicles. In addition, the vehicle may not be used to tow a trailer unless the rental vehicle is equipped with a towing hook and the maximum authorised weight recorded in the vehicle documents is not exceeded.
  6. for the commission of criminal offences, even if punishable only by the law of the place where the offence occurred.
  7. for the transport of highly flammable, toxic or otherwise dangerous substances.
  8. for journeys off paved roads (asphalt, concrete, paving stones or similar (compact pavements)).
  9. Smoking and transporting animals or goods in our vehicles is prohibited.
  10. The lessee is strictly prohibited from using the rental vehicle on any ferry or vessel. Violation of this condition may result in additional charges and potential termination of the rental agreement.

 

7.2.2. In the event of a breach of the above-mentioned obligations (points 7.1.6. and 7.2.1.), DRYVVE ITALIA SRL reserves the right to declare early termination of the rental agreement, to demand the immediate return of the vehicle and, if necessary, to assert claims for damage excess. This applies to damages to the vehicle caused by the lessee, due to which further use of the vehicle is not possible. The lessee is liable to DRYVVE ITALIA SRL for all consequences resulting from the culpable breach of the above-mentioned obligations by them or the driver. Any (partial) limitation of liability agreed upon shall be ineffective in the event of such breaches.

 

  1. GPS and travel abroad

 

8.1. The lessee has been fully informed and is therefore aware that each vehicle is equipped with a security GPS tracking system, which always monitors the position of the vehicle. The GPS tracker will immediately send a signal upon entry into any foreign country, and DRYVVE ITALIA SRL will immediately invoice the relevant breach of contract fees as indicated in the “Cost Table”. GPS tracking is per and within the limits imposed by the GDPR.


8.2 By paying the cross-border fee in advance according to the “Cost Table”, travel is permitted to the corresponding countries listed in the “Cost Table”.

 

8.3. To control vehicle thefts, all travel to countries not listed in point 8.2, or where cross-border fees have not been paid in advance, is prohibited. If the vehicle is informed of unauthorised crossing in prohibited countries, in addition to the invoicing referred to in point 8.1, DRYVVE ITALIA SRL reserves the right to immediately report such event to the competent authorities. The same applies in the event of disconnection of the GPS locator. If the removal is carried out by the lessee and not due to theft, a breach of contract fee will be invoiced according to the “Cost Table” and taken from the lessee's credit card.

 

  1. Procedure in case of breakdowns, procedure in case of road accident, theft

 

9.1. Procedure in case of failures

 

9.1.1. During the rental period, the lessee must pay attention to all warning lights on the vehicle display and, when they are on, check whether it is possible to continue driving (including to the nearest possible garage). They must immediately take all necessary measures listed in the instructions for use. If the instructions for use of this type of warning light do not recommend continuing the journey, the lessee must immediately stop the vehicle and abort the journey.

 

9.1.2 In case of doubt, the lessee must call the telephone number indicated on the rental agreement provided by DRYVVE ITALIA SRL for such cases.

 

9.1.3. The lessee is liable to DRYVVE ITALIA SRL for all damage excess resulting from the culpable breach of the above obligations. They are also liable for all costs resulting from self-inflicted damages. In the event of such breaches of contract, any agreed (partial) limitation of liability shall not apply.

 

9.1.4. Replacement vehicles are not provided. If the rented vehicle becomes unusable during the rental period (for reasons beyond the control of the customer), only the paid but unused rental days will be refunded.

 

9.2. Procedure in the event of a road accident

 

9.2.1. After an accident, theft, fire or damage caused by wild animals, the lessee must immediately notify the police. Even in the case of purely material damage, the nearest police department must be requested to register the accident report. If the police refuse to accept the accident, the lessee must prove this to DRYVVE ITALIA SRL in a suitable form (e.g. written confirmation from the police or information (including day and time) about which police department was notified by telephone but refused to accept the damage).

 

9.2.2. If no third parties were harmed by the accident or, in the case of pure material damage, an exchange of data with the harmed third party was possible, the notification to the nearest police department may exceptionally be omitted if only minor paint damage (scratches, etc.) occurred on the vehicle. In such a case, however, the lessee is obliged to report this damage and all details of the accident to DRYVVE ITALIA SRL by submitting an accident report. The accident report must be submitted to DRYVVE ITALIA SRL no later than two days after the accident. It must contain the data of the parties involved (name, date and place of birth and address), any witnesses and the license plates of the vehicles involved.

 

9.2.3 Without prior consultation with DRYVVE ITALIA SRL, the lessee cannot make any acknowledgement of fault towards third parties. Any damage caused by third-party vehicles will result in a breach of contract and may result in the deposit being retained until all complaints are resolved. In the event of suffered losses, a breach of contract compensation will be deducted from the deposit or charged to the credit/debit card.

 

9.2.4. However, if the vehicle has been damaged by unknown third parties (parking damage, accident with driver escaping), the lessee must, in any case, even in the case of minor damage, immediately notify the nearest police station and request that the damage be ascertained.

 

9.2.5. Any intentional or grossly negligent breach of the obligations mentioned in the preceding points shall result in exemption from insurance payment or loss of any (partial) agreed limitation of liability, insofar as such breach influenced the determination of the insured event, the determination or extent of the insurance benefit and/or the determination or extent of the lessee's obligation to compensate DRYVVE ITALIA SRL for damage excess or occurred intending to influence such performance obligations or of compromising the determination of such circumstances.

 

9.2.6 The lessee shall be liable to DRYVVE ITALIA SRL for all damage excess
(in particular, necessary and – insofar as it concerns an extrajudicial assertion – also in a reasonable proportion to the right exercised) resulting from information about the accident culpably incorrectly provided by them.

 

9.3. Theft

 

9.3.1 In case of theft, the lessee must immediately report it to the nearest police station and deliver to DRYVVE ITALIA SRL a copy of the report, together with the keys and documents of the vehicle. In case of theft of keys and/or documents, the insurance coverage lapses due to improper use.

 

9.3.2. In case of culpable omission of this obligation, the lessee will be liable for all damage excess and disadvantages arising from DRYVVE ITALIA SRL according to point 9.2.6. Point 9.2.5. applies mutatis mutandis in the case of theft.

 

  1. Motor Vehicle Liability Insurance

All rental vehicles are insured against liability per the provisions of law. This liability insurance does not cover damage to the rental vehicle itself, nor are the occupants and the objects transported by them insured by this insurance.

 

  1. Responsibility of DRYVVE ITALIA SRL

 

11.1. DRYVVE ITALIA SRL is liable only in cases of wilful misconduct or gross negligence in the provision of rental services, and in any case, the possible liability of DRYVVE ITALIA SRL in the above-mentioned cases is limited to direct damages suffered by the customer and therefore indirect damages or damages for loss of earnings are excluded.

Any defects in the vehicle will be charged directly by the Customer to the manufacturer, thus exonerating DRYVVE ITALIA SRL from any liability in this regard.

 

11.2 DRYVVE ITALIA SRL is not responsible for objects brought into the vehicle by the lessee and stolen, damaged or abandoned upon return of the vehicle. This exclusion of liability does not apply in the event of intent or gross negligence on the part of DRYVVE ITALIA SRL or persons whose conduct is attributable to DRYVVE ITALIA SRL per the provisions of the law.

 

  1. Lessee's liability, limitation of liability

 

12.1. Lessee's Responsibilities

 

12.1.1. Unless otherwise expressly agreed in individual cases, the lessee is liable to DRYVVE ITALIA SRL for all damage excess to the vehicle and its equipment or for the loss (theft, etc.) of the vehicle (and its equipment), to the extent that such damage or loss has occurred between the time the lessee took delivery of the vehicle and its delivery. They must return the vehicle in the condition in which they took delivery of it (subject to normal wear and tear for the duration of the rental and the mileage travelled).

 

12.1.2. Provided that the lessee is not a consumer within the meaning of the Consumer Protection Act, this liability is not related to the lessee's fault in the damage that has occurred. However, the lessee is not liable to the extent that these damages were caused by DRYVVE ITALIA SRL or by persons whose behaviour is attributable to DRYVVE ITALIA SRL per the statutory provisions or are due to manufacturing defects or natural wear and tear.

 

12.1.3. The lessee is jointly and severally liable for the actions of the persons to whom they have handed over the vehicle, with or without the consent of DRYVVE ITALIA SRL, as well as for their actions, insofar as such action is related to the provision or use of the vehicle. The lessee is therefore not liable in these cases for damages for which DRYVVE ITALIA SRL is liable. Any (partial) limitation of liability agreed upon following the provisions below will not be effective if the lessee (or a person attributable to them) transfers the vehicle to a third party without declaring this in advance to DRYVVE ITALIA SRL, and damage to the vehicle occurs during this period (without fault of DRYVVE ITALIA SRL).

 

12.1.4. In any case, the lessee is liable for violations of the provisions of law, in particular traffic and regulatory regulations, committed by themself or by persons for whom they are responsible under the above provisions (for which DRYVVE ITALIA SRL is not liable) during the rental period. The lessee will indemnify and hold harmless DRYVVE ITALIA SRL or the owner of the vehicle from and against all administrative fines, taxes and other costs (any reasonable legal fees) incurred by DRYVVE ITALIA SRL as the owner of the vehicle or by the owner of the vehicle because of such violations. This constitutes a breach of contract.  DRYVVE ITALIA SRL will forward the lessee's data to the authorised authorities in case of inquiries in this regard. As compensation for the above, DRYVVE ITALIA SRL, resulting from the processing of requests sent by authorities to investigate administrative offences and criminal offences committed during the rental period, will invoice the lessee a breach of contract compensation fee for penalties according to the “Cost Table” for each request of the authorities; DRYVVE ITALIA SRL is free to claim further demonstrable damages.

 

12.1.5. The lessee must observe all relevant regulations and the rights of third parties when driving or parking the vehicle. In particular, the vehicle may not be parked on the private property of third parties without the appropriate permission of authorised persons. If a third party reports violations of this provision, DRYVVE ITALIA SRL will communicate to such third party the name and address of the lessee upon request, so that the lessee can assert any claims in this regard directly against the lessee. If DRYVVE ITALIA SRL or the owner of the vehicle are nevertheless asserted by a third party due to acts or omissions of the lessee (through actions for disturbance of possession or injunctive relief), DRYVVE ITALIA SRL or the owner of the vehicle will announce the dispute to the lessee in these proceedings to allow the lessee to defend themselves against the third party's claims. If the proceedings reveal that the lessee or the persons for whom they are responsible have behaved negligently, they shall compensate and hold harmless DRYVVE ITALIA SRL or the owner of the vehicle for all damages and disadvantages resulting therefrom (including the costs of the proceedings).

 

12.2.   (Partial) Limitation of Liability

 

12.2.1. By booking the packages offered by DRYVVE ITALIA SRL and referred to in “Cost Table”, the lessee may limit the liability for damages resulting from accidents and/or theft to the extent provided for in the respective package by paying a special fee to the agreed deductible. In this case, they are only liable for damage excess resulting from traffic accidents and/or theft or intentional damage to the vehicle by third parties, plus a breach of contract fee as per the “Cost Table” and the (partial) limitation of liability agreed, if:

  1. They or the persons to whom they left the vehicle caused the damage intentionally or through gross negligence, in particular for damage caused intentionally or through gross negligence, which occurred due to operating errors, incorrect refuelling, slipping of the load, braking manoeuvres caused by the lessee, improper use of snow chains or roof racks, improper loading, failure to close covers/windows in rain and wind, failure to observe the maximum height and width of the vehicle (for accesses, bridges, tunnels, etc.) and inadequate vehicle security (vehicle not locked or key left open), etc.;
  2. The vehicle was driven, with the knowledge and consent of the lessee at the time of the damage, by a person (left with a person) who had not been indicated in advance as the driver by DRYVVE ITALIA SRL.
  3. The driver of the vehicle did not have a valid driving license at the time of the accident, or the driver's driving ability was impaired by alcohol, drugs or similar reasons.
  4. The vehicle was used at the time of the damage in a manner contrary to that provided for in point 7.2.1 of these Conditions.
  5. The lessee or their passengers cause damage or dirt inside the vehicle (e.g. burns on the seats, etc.), to the extent that this is not a direct consequence of the accident.
  6. Any of the obligations set out in point 9 of these Conditions (Obligations) have been breached.
  7. They or the driver to whom they entrusted the vehicle committed an accidental escape, to the extent that the legitimate interests of DRYVVE ITALIA SRL in determining the damage were generally damaged, unless the breach of duty was intentional or grossly negligent.
  8. The damage did not occur during the agreed rental period (i.e. in particular in the event of delay in returning the vehicle).
  9. The damage occurred during an unauthorised trip abroad.

 

12.2.2 If the lessee leaves valuables in the vehicle in such a way that they are visible from the outside, thefts or attempted break-ins are, in any case, considered grossly negligent, so that in this case any agreed (partial) limitation of liability has no effect.

 

12.2.3. If no (partial) limitation of liability applies, the lessee must compensate DRYVVE ITALIA SRL for all damage excess. In addition, DRYVVE ITALIA SRL is entitled to charge the lessee a breach of contract fee as per the “Cost Table” for each claim in addition to the damage suffered.

 

  1. Return of the vehicle

 

13.1. The lessee is obliged to return the vehicle and the vehicle keys as well as the rented accessories to DRYVVE ITALIA SRL at the end of the rental period on the agreed day, at the agreed time and the agreed return location. If the agreed return location is different from the pick-up location, the lessee will be charged a one-way fee per the “Cost Table”. The vehicle, keys and accessories must be returned in the condition in which they were made available to the lessee at the beginning of the rental period, considering normal wear and tear. If the rental agreement has been amended under point 3.1.2. During the rental period, the lessee is entitled to use the vehicle until the end of the rental period under the amended rental agreement. The rental agreement ends only when the vehicle has been returned to the agreed place and the vehicle keys and other accessories have been handed over to an employee of DRYVVE ITALIA SRL.

 

13.2. The vehicle must be emptied and cleaned of goods owned by the lessee or by persons attributable to them.

 

13.3. I agree to return the vehicle clean and accept a cleaning fee if it is not returned clean, both inside and out. I expressly authorise charges to my credit/debit card for this fee, even if the card is not present and after the end of the rental period.

 

13.4. In the event of returning the vehicle on an earlier date than agreed in the rental agreement, there is no right to a refund of a part of the rental cost.

 

13.5. When returning the vehicle during opening hours, the vehicle, as well as the rented accessories, are examined for any new damage by a DRYVVE ITALIA SRL employee. DRYVVE ITALIA SRL and the lessee are required to draw up and sign a return report by completing a check-in form. Any new damage will be documented photographically by the DRYVVE ITALIA SRL employee. Upon request of the lessee, a copy of the completed check-in form will be given to them.

If new damage is found and the lessee confirms it by signing the return protocol or the check-in form, they must pay for the damage excess suffered. If possible, the amount of the damage excess suffered will be indicated on the final invoice.

If the lessee refuses to sign the return report despite new damages being found, the procedure indicated in point 13.7 will be followed, nevertheless new damages will be considered as done by the Lessee, and all damage excess will be invoiced immediately.

 

13.6. If, for reasons for which the lessee is responsible, the vehicle cannot be inspected jointly with the DRYVVE ITALIA SRL employee, the vehicle will be inspected by the DRYVVE ITALIA SRL employee in the absence of the lessee. Failure to perform a joint inspection of the vehicle is noted on the rental agreement or check-in form. If the DRYVVE ITALIA SRL employee finds new damages, DRYVVE ITALIA SRL will have priority per point 13.7.

 

13.7. DRYVVE ITALIA SRL also offers its lessees the possibility of returning the vehicle outside of normal opening hours. If the vehicle inspection process, valid at the check-in location, cannot be carried out together with an employee of DRYVVE ITALIA SRL or an employee of a third party authorised by DRYVVE ITALIA SRL, the lessees are obliged to indicate all new damages (to the vehicle or accessories rented with it) on the accident report contained in the vehicle documents. The accident report must then be handed over to the authorised employee or placed together with the vehicle keys in the key return box specially provided for this purpose.

 

In this case, the vehicle remains in the parking lot until the DRYVVE ITALIA SRL station reopens, which immediately performs the vehicle inspection and finalises the rental agreement. As part of the subsequent vehicle inspection, a DRYVVE ITALIA SRL employee creates the return report or check-in form. If damages are found in the responsibility of the lessee, the lessee will be immediately informed, and the costs of the relevant damage excess as specified in the contract will be deducted from the deposit or credit card of the lessee.

The lessee is responsible for all damages that are found after the vehicle is returned until the check-in procedure is completed. The check-in procedure ends with the signature of the return report by both parties. If the return occurs outside of opening hours, the lessee will be responsible until the return report is processed. If, during opening hours, the lessee refuses to sign the return report, they will be fully responsible for any damages found on the vehicle, even if the damage is not caused by the lessee.

 

13.8. If the vehicle is not returned at the agreed time (late return) and the lessee does not communicate the delay in returning it, DRYVVE ITALIA SRL reserves the right to notify the competent authority.

 

13.9. In case of late return, the following will apply based on one of the following conditions:

 

In case of delay up to 59 minutes, DRYVVE ITALIA SRL will not charge the lessee any additional costs or commissions.

 

If the delay is more than one hour, DRYVVE ITALIA SRL will charge the lessee a supplement equal to 1 (one) day of rental, based on the rate applicable on the return date, multiplied by the number of days of delay, plus fleet management costs as per the “Cost Table”.

 

13.10. In the event of late return of the vehicle for which the lessee is responsible, any (partial) limitation of liability agreed upon is no longer valid, as the fee paid by the lessee for the limitation of liability only covers the period up to the agreed disposition.

 

  1. Final regulation

 

14.1. DRYVVE ITALIA SRL prepares the final invoice of the rental agreement as soon as possible upon return of the vehicle. If additional costs or fees have been incurred, the lessee will also be charged for these amounts and charged to the payment method chosen during booking. In the final settlement, the advance payment made at the time of booking is considered and deducted from any higher total amount.

 

14.2. If damages have occurred to the vehicle or the rental accessories, the calculation of which cannot be made immediately after the return of the vehicle, DRYVVE ITALIA SRL will issue the final invoice as soon as possible. The lessee acknowledges that, in this case, the final invoice may be delayed accordingly until the amount of the damage excess has been collected.

 

14.3. If the car is returned with new damage incurred during the rental period, the Customer agrees that the provided credit/debit card may be charged for the excess amount of repairs and the breach of contract fees outlined in the General Fees.

 

  1. 4. Further damages and costs that DRYVVE ITALIA SRL becomes aware of after the final invoice has been issued (e.g. fines for traffic violations) and for which the lessee is responsible will be communicated to the lessee after they have become aware of them. In this case, the lessee undertakes to reimburse DRYVVE ITALIA SRL for the notified damages and costs plus a compensation for contractual breaches as per the “Cost Table” within 14 days and/or by charging the credit card provided at the time of the contract.

 

  1. Data protection clause

 

15.1. DRYVVE ITALIA SRL processes personal data collected directly from lessees, including the data of each registered driver, during the initiation and processing of contracts. This is for processing rentals and requesting payment, verifying identity, for fraud monitoring and further questions before, during and after the termination of the contractual relationship. Further information on data processing is available at www.dryvve.com.

 

15.2. The name, address and rental data of the lessee will be transmitted by DRYVVE ITALIA SRL to the competent authority in case of justified official requests and to this third party in case of alleged infringement of third-party rights (e.g. in case of disturbance of possession).

 

  1. Reservations and online services on the website www.dryvve ITALIA Srl.it

 

16.1 DRYVVE ITALIA SRL, as provider of the online service for vehicle rental, operates through the digital platform accessible at www.dryvve.com.

 

For any communication according to Regulation (EU) 2022/2065, including reports or requests for information, you can use the following contact details:

 

E-mail: info@DRYVVE ITALIA SRL.it

Postal Andress: Via Giuseppe Gioacchino Belli 86 – 00193 Rome

 

16.2 Illegal content reporting system.

According to art. 16 of the DSA, users and interested third parties can report content deemed to be illicit by sending an email to info@DRYVVE.it

Reports must contain the following minimum information:

  • a detailed justification for the alleged unlawfulness of the content.
  • the precise URL of the reported content.
  • any supporting documentation.

 

DRYVVE ITALIA SRL reserves the right to request additional information and to remove or block content if deemed to be contrary to the law or these terms.

 

16.3 Transparency obligations for recommendations and rankings

The visibility of rental offers on the DRYVVE ITALIA SRL website is mainly determined by:

  • vehicle availability for the selected location and date.
  • rental rate.
  • user ratings (if any).
  • geographical proximity.

No payment by the vehicle supplier influences the placement of the offers. The main criterion is the relevance to the search parameters entered by the user.

 

16.4 Obligation to provide reasons for restrictions or removals

In case of suspension, restriction or removal of access to the service (e.g. blocking of a user or refusal of a reservation), DRYVVE ITALIA SRL will provide, without undue delay, a clear justification, indicating:

  • the reasons for the decision.
  • any contractual provisions or legal provisions.
  • information on available remedies.

 

16.4 Internal complaints system

You may file a complaint against decisions regarding content, access or suspensions within 6 months of notification by writing to: info@DRYVVE.it.

The complaint will be evaluated within 30 days. The user has the right to resort to an independent body for extrajudicial resolution of disputes or to take legal action.

 

16.5 Obligations to cooperate with the authorities

DRYVVE ITALIA SRL undertakes to cooperate with the competent judicial and administrative authorities per Regulation (EU) 2022/2065, promptly providing the requested information and adopting the necessary measures to combat illicit content and abuse of the service.

 

16.6 Monitoring and reporting

DRYVVE ITALIA SRL annually draws up a report containing:

  • the number of reports received, and the contents removed.
  • Actions taken following decisions on reports.
  • the number of complaints filed and their resolution.

 

  1. Applicable law and jurisdiction, other

 

17.1. This contract is subject to Italian law.

17.2. The only court with exclusive jurisdiction to decide any dispute arising from this contract is the Court of Turin.

17.3. Verbal collateral agreements do not exist or expire upon signing the contract. Changes, including those to this provision, must be made in writing.

17.4 Should any provision of the rental agreement or these General Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

17.5 The Customer declares that they have read the “Privacy Information”.

17.6 This Agreement consists of [9 pages plus attachments] and is deemed to be finalised either by handwritten signature or by digital or electronic signature.

 

On this point the other general conditions seem more detailed (evaluate). Page 1

General terms and conditions

PREAMBLE

These General Terms and Conditions (T&Cs) apply to all leases concluded between the lessor,

RELEASE ZRT (hereinafter: RELEASE)
Address: 1054 BUDAPEST, ZOLTÁN UTCA 8. 2. EM 2
(HUNGARY)
VAT: HU11696182
Tel: +36 29 55 33 30
+36 30 50 333 05
E-Mail: info@dryyve.hu

and the respective lessee. These T&Cs are therefore an integral part of the rental agreement concluded between RELEASE on the one hand and the lessee on the other.

  1. Lessee/Driver

1.1. Vehicle lessee

A valid rental agreement may be concluded with a legal person represented by the authorised representative, or with a natural person, provided that this individual is legally competent, has the means of payment accepted by RELEASE and provides the following valid documents or information:

  1. Valid passport or identity card;
  2. A driving licence valid in Hungary in Latin script or a European or International driving licence in conjunction with a valid national driving licence; and
  3. details of their current place of residence.

1.2. Driver

1.2.1. Only persons who are

  1. expressly registered as a driver with their complete data in the rental agreement may drive the vehicle. These are the lessee and, if applicable, other registered drivers. The lessee is obliged to provide the name and address of all other drivers, unless authorised differently but always with the presence of the contractual party.
  2. have a valid driving licence within the meaning of point 1.1. and valid identity documents, which must be presented at the latest when the vehicle is taken over, and
  3. must be of theminimum age required.

1.2.2. Drivers of all categories of vehicles must be at least 18 years of age. If the driver or one of the authorised drivers is a person who is between 18 and 25 years old at the time of the rental (so-called young driver), a young driver additional fee according to Appendix 1 applies per rental day and per young driver.

1.2.3. The vehicle may only be driven by the lessee. If, on the other hand, another person is to be the driver of the vehicle or, in addition to the lessee, is to be entitled to drive the rented vehicle, this must be expressly agreed with RELEASE. In this case, an additional driver fee per day and per additional driver in accordance with Appendix 1 shall apply. If the additional driver is a young driver within the meaning of point 1.2.2., only the young driver additional fee per day shall apply. The driver, who is not also the lessee, must meet the requirements set out in point 1.2.1.

1.2.4. Persons who are not expressly listed as authorised drivers in the rental agreement may not drive the rented vehicle. Nor are any persons who are unable to present the documents referred to in point 1.1. at the time of rental. An unauthorised driver does not benefit from a (partial) liability reduction granted to the lessee. If the lessee allows an unauthorised driver to drive a vehicle, this constitutes a breach of contract which shall result in the lessee being liable for any damage caused by the unauthorised driver. In this case, the lessee and unauthorised driver are jointly liable.

  1. Reservations/bookings, prepaid bookings

2.1. If a lessee books a vehicle (e.g. by telephone or Internet), this is only an offer to conclude a contract addressed to RELEASE. Bookings made in this way are not binding with RELEASE and therefore do not constitute conclusion of a contract.

2.2. The contract between RELEASE and the lessee only comes into effect upon the transmission by RELEASE of a booking confirmation, in which all essential data on the rental, the booked vehicle class as well as any packages and accessories also booked are summarised to the lessee. Upon conclusion of the contract, the lessee expressly and irrevocably authorises RELEASE to collect all costs in connection with the rental via the means of payment chosen by them.

2.3. If the lessee books the vehicle at a distance via an intermediary or an intermediary platform, the contract is concluded upon transmission of a booking confirmation by the intermediary to the lessee. It should be noted that in the case of bookings made in this way, the lessee cannot also book the (partial) liability reduction or other accessories. If desired, this must be booked in advance directly with RELEASE. If the accessories are not booked in advance, RELEASE cannot guarantee that the desired accessories will actually still be available when the vehicle is taken over. Any accessories not booked in advance and not available on the day the vehicle is taken over shall not entitle the lessee to refuse to take over the vehicle.

2.4. If the lessee personally visits the premises of RELEASE, the contract is concluded with the signing of the rental agreement by both parties. Upon conclusion of the contract, the lessee expressly and irrevocably authorises RELEASE to collect all costs in connection with the rental via the means of payment chosen by them.

2.5. Reservations are only binding for vehicle categories, but not for specific vehicle types or brands. RELEASE is entitled to provide a vehicle of a higher vehicle category instead of a vehicle of the reserved vehicle category (but at the originally agreed rental price). In the event that no vehicle of the reserved vehicle class is available, the lessee is entitled to refuse to accept the vehicle without stating reasons and without incurring any costs.

2.6. Booked vehicles are kept ready for the lessee at the agreed pick-up station. If the lessee fails to pick up the vehicle at the agreed time (no-show), the booked vehicle will be kept ready until the closing time of the pick-up station on the day of the agreed pick-up (tolerance period). After the expiry of the tolerance period, RELEASE will cancel the reservation and charge the lessee for a full rental day plus a no-show fee in accordance with Annex 1. If the booking was made at the prepaid rate, the lessee will be refunded any resulting difference in his favour.

2.7. It is stated that the consumer is not entitled to a general right of withdrawal under the FAGG for rental contracts within the meaning of § 18 (1) (10) of the FAGG.

  1. Modification and cancellation of the booking

3.1. Modification of the booking

3.1.1. Before the start of the rental period, the lessee can change the booking free of charge, subject to availability, via the hotline +36 29 55 33 30 or by e-mail info@dryyve.hu. However, as a result of the tariff adjustments, it may be possible that new rental prices apply to the changed booking. A refund of any advance rental payment already paid/refund of any difference will also not be made in the event of a rebooking.

3.1.2. The lessee must contact RELEASE by telephone under the number +36 29 55 33 30 in order to change the content of the contract during the rental period, in particular during the agreed rental period or at the agreed place of return.

Changes to the booking conditions are only possible with the consent of RELEASE and may result in changes to the originally agreed rental payment. No fees will be charged to the lessee for the administrative expenses associated with the booking change.

3.2. Cancellation

3.2.1. The lessee can cancel the booking free of charge, provided he informs RELEASE at least 24 hours before the agreed start of the rental period.

3.2.2. If, on the other hand, the lessee cancels the booking less than 24 hours before the start of the rental period, a full rental day plus alate cancellation fee will be charged in accordance with Appendix 1. If the booking was made at the prepaid rate, the lessee will be refunded any resulting difference in his favour.

3.2.3. Cancellations can be made by e-mail at info@usave.hu.

  1. Rental payment and deposit

4.1. Rental payment

4.1.1. The rental payment is agreed in the rental agreement and is based on the price valid at the time of booking according to the price list or at the time of a later change of the booking, plus any packages, (partial) liability reductions and/or accessories. If the content of the contract is changed during the rental period, reference is made to point 3.1.2.

4.1.2. The rental does not include fuel costs, service charges and delivery and collection costs. Special prices and discounts apply only in the event of timely and complete payment. In the event of culpably late payment, any discounts granted will be charged against the current price list.

4.2. Deposit

4.2.1. In addition to the rental payment, the lessee is obliged to provide a deposit at the beginning of the rental period as security for the fulfilment of his obligations. The amount of the deposit to be paid in each case can be found in Annex 1.

4.2.2. If the lessee uses a credit card as a means of payment, the deposit amount is collected in the form of a prior approval/authorisation by his bank. The deposit amount is thus reserved on the credit card at the time of conclusion of the contract and debited only in the event of the necessary use of the same. A deposit in cash is not possible.

4.2.3. RELEASE is entitled to cover existing and due outstanding claims from the rental agreement after its due date from this deposit. This applies in particular to claims of RELEASE against the lessee for damages that fall within his area of responsibility.

4.2.4. If the lessee has duly returned the rented vehicle and has fulfilled all his payment obligations resulting from the rental agreement (this includes, in addition to the rental, any additional costs and fees as well as claims for damages that fall within the lessee’s area of responsibility), the deposit will be released by RELEASE to the lessee’s credit card institution after the final settlement of the rental agreement. RELEASE is not responsible for the duration of the processing by the bank or credit card institution responsible for the lessee’s account.

  1. Payment terms, due date, default interest

5.1. The rental payment plus other agreed fees, such as for
(partial) liability restrictions, accessories, airport fees, etc. and the value added tax in the applicable statutory amount, must be paid in advance and in full for the entire agreed rental period. No refunds will be made in the event of delayed vehicle collection or early return. The rental is due for payment at the beginning of the rental period, whereby for bookings at the prepaid rate, the due date shall be the end of the booking.

5.2. Unless otherwise agreed, the rental payment, all other agreed fees and the deposit will be settled via the lessee’s means of payment. The lessee must ensure that such a settlement is possible (due to appropriate account coverage). If this is not the case, the lessee shall be liable to RELEASE for all additional costs incurred as a result (in particular, chargeback fees, default interest, etc.). If it is not possible to settle the lessee’s payment, RELEASE is entitled to terminate the tenancy with immediate effect.

5.3. If further costs or fees are incurred during the rental period, these will be invoiced to the lessee as part of the final invoice (see point 14), provided that they can already be calculated at this time.

5.4. In the event of late payment caused by the lessee – with regard to the rental or with regard to other (compensation) claims resulting from the rental – default interest of 12% per annum shall apply (if the lessee is a consumer within the meaning of 4% per annum). For reminders, additional reminder fees are charged per reminder according to Annex 1 .

  1. Takeover of the vehicle by the lessee

6.1. On the part of RELEASE, the vehicle of the booked vehicle category is kept ready for collection by the lessee at the agreed pick-up station during opening hours.

Pickups outside of opening hours must be arranged with RELEASE. For agreed pickups between 20:00 and 08:00, there is an out-of-hours fee according to Appendix 1.

6.2. The vehicle is handed over to the lessee with a full fuel tank. In return, the lessee must also return the vehicle with a full fuel tank upon termination of the lease. If the vehicle is not returned fully refuelled, the refuelling will be carried out by RELEASE ‘s own employees and the lessee will be charged for the fuel costs actually incurred and a service surcharge for the refuelling within the meaning of Annex 1.

If the vehicle is not fully refuelled at the time of handover, the fuel tank level must be noted in the check-out form or on the rental agreement and the lessee must return the vehicle with the same fuel level as at the time of handover.

6.3. When the vehicle is taken over, the vehicle is inspected by the lessee together with an employee of RELEASE. Any damage or non-full fuel tank must be noted in the check-out form, which must be signed by the lessee and the employee of RELEASE, unless these are already noted on the rental agreement. Damage not noted in the check-out form signed by both parties and found on returning the vehicle shall be deemed to have been caused by the lessee, unless he proves otherwise (this reversal of the burden of proof shall not apply if the lessee has not paid the consumer within the meaning of Consumer Protection Act). This also applies to defects or damage to the accessories booked.

  1. Obligations of the lessee, use of the vehicle

7.1. Obligations of the lessee

7.1.1. The lessee is obliged to treat the vehicle with care. He must observe all relevant regulations for the use of such a vehicle (in particular the Motor Vehicle Act and the Road Traffic Regulations) and check regularly during the rental period whether the vehicle is still in an operational and safe condition. Before the start of the journey, the lessee must inform himself about the correct operation of the vehicle by means of the operating manual in the vehicle and comply with the relevant regulations and recommendations (in particular regular testing of the adequate level of engine oil, coolant, tyre pressure and other equipment).

7.1.2. For vehicles with an AdBlue®-Tank, the lessee must ensure that the AdBlue®-Tank is always adequately filled. The lessee and his vicarious agents are liable without limitation for violations of the above obligation committed during the rental period; the lessee indemnifies RELEASE from all claims asserted by authorities or other third parties against RELEASE for failure to refuel the AdBlue®-Tank, in particular from administrative penalties. If the lessee is a consumer within the meaning of the Consumer Protection Act, he is liable under this provision only in the event of alleged fault.

7.1.3. The lessee is obliged to return the vehicle, the vehicle keys and the accessories at the end of the rental period on the agreed day, at the agreed time and at the agreed place of return. The vehicle, keys and accessories must be returned in the condition in which RELEASE provided them upon rental, taking into account ordinary wear and tear. If the lessee does not return the vehicle as stated above, RELEASE shall take precedence within the meaning of points 13.4. to 13.6. of these terms and conditions.

7.1.4. The lessee is liable for all fees, toll costs and (traffic) penalties incurred in connection with the use of the vehicle, for which RELEASE or the vehicle owner is held liable and insofar as these are the responsibility of the lessee/driver. The relevant penalty and administration fees undersigned in the contract will be deducted from the deposit or the credit card of the lessee.

7.1.5. The lessee/driver is obliged to ensure that the luggage or goods transported in the vehicle are secured in such a way that no damage to the vehicle is caused and this does not pose a risk to the passengers. The applicable legal regulations for securing loads in accordance with statutory provisions must be observed.

7.1.6. The lessee/driver may not drive the vehicle if his ability to drive is impaired, in particular by the influence of alcohol, medication, drugs, illness or fatigue.

7.1.7. The lessee/driver is liable for any damage caused by incorrect refuelling, in particular for the necessary costs of towing the vehicle and/or repairing the damage.

7.1.8. Smoking is strictly prohibited in the vehicles. In the event of an infringement, RELEASE is entitled to claim special cleaning costs from the lessee/driver in accordance with Annex 1.

7.2. Use of the vehicle

7.2.1. The vehicle may only be used in public road traffic (including paved private roads and parking spaces), but not for driving school exercises. Furthermore, the vehicle may not be used:

  1. for motor sports purposes, in particular driving events where it is important to achieve a maximum speed, or for the corresponding practice runs;
  2. for vehicle testing or driving safety training;
  3. for the carriage of passengers for hire or reward or for driving school purposes or as part of driving licence training;
  4. for re-letting;
  5. to pull or push other vehicles. Nor may the vehicle be used to tow a trailer, unless the hired vehicle is fitted with a trailer coupling and the maximum authorised weight recorded in the vehicle documents is not exceeded;
  6. for the commission of criminal offences, even if they are punishable only under the law of the place of the offence;
  7. for the carriage of highly flammable, toxic or otherwise dangerous substances;
  8. for journeys away from paved (asphalted, concrete, paved or similar (compacted) pavement) roads.

7.2.2. In the event of a breach of the above-mentioned obligations (points 7.1.6. and 7.2.1.), RELEASE reserves the right to declare the premature termination of the rental agreement and to demand the immediate return of the vehicle and, if necessary, to assert claims for damages. This applies in particular to damage to the vehicle caused by the lessee, as a result of which further use of the vehicle is not possible. The lessee is liable to RELEASE for all consequences arising from the culpable violation of the above-mentioned obligations by him or the driver. Any (partial) limitation of liability agreed upon shall be ineffective in the event of such violations.

  1. Trips abroad

8.1. The lessee may leave the territory of the Hungary with the vehicle, only upon paying a Cross border fee to cover the related costs. The lessee is aware of a security GPS locator system installed in the rented vehicle, which monitors the vehicle’s position at any time. The GPS locator will send immediately a signal upon entering any country, and RELEASE will invoice immediately the relevant fee as stated in Annex 1.

8.2. With the payment of the Cross border fee in accordance with Annex 1, the journey is permitted in all countries of the European Union, as well as Switzerland, the Principality of Liechtenstein, San Marino, and Monaco.

8.3. In order to control theft of vehicles, all travel to countries which are not listed in point 8.2. is prohibited. If the vehicle will be notified of unauthorized crossing in non-permitted countries, RELEASE will report immediately to the competent authorities that the vehicle is in process to be stolen, consequently the theft procedure will be started. The same applies in case of disconnection of the GPS Locator. If the removal is done by the Lessee, and not for theft, a penalty double the cross border fee will be invoiced and taken from the deposit.

  1. Procedure in the event of breakdowns, procedure in the event of a traffic accident, theft

9.1. Procedure in the event of breakdowns

9.1.1. During the rental period, the lessee must pay attention to any illuminated warning lights on the vehicle display and, when they are illuminated, check whether it is possible to continue driving (even to the nearest possible garage). He must immediately take all necessary measures that are listed in the operating instructions. If the operating instructions for this type of warning light do not recommend continuing the journey, the lessee must stop the vehicle immediately and abort the journey.

9.1.2. In case of doubt, the lessee must contact the technical team of the respective vehicle manufacturer and RELEASE.

In case of vehicle technical breakdowns, the following Road Assistance offices can be contacted by phone:
Suzuki: Hungary +3680990234 – Austria +431213256206 – From Abroad +431525036548
Citroen: Hungary +3613484888 / +3680200 880 – Austria 0800220234 – From Abroad +4312726979
Opel: Hungary +3613451760 / +3680200940 – Austria 0800208380 – From Abroad +4312511919394
Volkswagen: Hungary +3613451776 +3680204143 – Austria 0186666 – From Abroad +43186666
Toyota: Hungary +3614584446 +3680201294 – Austria 0800/208100 / Hybrid 0800/2141660 – From Abroad +43131389101 / Hybrid +4312141660
Dryyve Offices Austria: 8:00 – 23:00, +431700736540 / Hungary: 8:00 – 23:00, +3629553330

9.1.3. The lessee is liable to RELEASE for all damages resulting from the culpable violation of the above obligations. He is also liable for all costs arising from self-inflicted breakdowns. In the event of such breaches of contract, any agreed (partial) limitation of liability shall not apply.

9.2. Procedure in the event of a traffic accident

9.2.1. After an accident, theft, fire or wildlife damage, the lessee must immediately notify the police. Even in the case of purely material damage, the nearest police department must be requested to record the accident report. If the police refuse to accept the accident, the lessee must prove this to the lessor in a suitable form (e.g. written confirmation from the police or information (including day and time) as to which police department has been notified by telephone, but has refused to accept the damage).

9.2.2. If no third party has been damaged by the accident or – in the case of pure property damage – a data exchange could take place with the damaged third party, the communication of the next police department can exceptionally be omitted if only minor paint damage (scratches, etc.) has occurred on the vehicle. In such a case, however, the lessee is obliged to report this damage and all details of the incident to RELEASE, submitting an accident report. The accident report must be submitted to RELEASE no later than two days after the incident. It must contain the data of the parties involved (in particular name, date and place of birth and address), any witnesses and the registration plates of the vehicles involved.

9.2.3. Without prior consultation with RELEASE, the lessee may not make any acknowledgement of fault vis-à-vis third parties.

9.2.4. However, if the vehicle has been damaged by unknown third parties (parking damage, accident with hit-and-run), the lessee must in any case, even in the event of minor damage, immediately notify the nearest police station and request that the damage be recorded.

9.2.5. Any intentional or grossly negligent violation of the obligations mentioned in the above points leads to the exemption from payment of the insurance or the loss of any agreed
(partial) limitation of liability, insofar as this violation has had an influence on the determination of the insured event, the determination or scope of the insurance benefit and/or the determination or scope of the lessee’s obligation to pay damages to RELEASE or has occurred with the intention of influencing these performance obligations or impairing the determination of these circumstances.

9.2.6. The lessee is liable to RELEASE for all damages
(in particular, necessary and – insofar as this is an out-of-court assertion – also in a reasonable proportion to the claim operated) resulting from information about the accident culpably incorrectly made by him.

9.3. Theft

9.3.1. In the event of theft, the lessee must report this immediately to the nearest police station and hand RELEASE a copy of the notification together with the vehicle keys and documents, if these have not been stolen.

9.3.2. In the event of culpable omission of this obligation, the lessee shall be liable for all resulting disadvantages and disadvantages incurred by RELEASE within the meaning of point 9.2.6. Point 9.2.5. shall apply mutatis mutandis in the event of theft.

  1. Motor vehicle liability insurance

 

All rental vehicles are insured against liability in accordance with the statutory provisions. Damage to the rental vehicle itself is not covered by this liability insurance; nor are the occupants and objects carried by them insured by this insurance.

  1. Liability of RELEASE

11.1. RELEASE is liable in cases of its own intent or gross negligence as well as for personal injury. The claim for damages due to breach of essential contractual obligations is limited to the foreseeable damage typical of the contract (this limitation of liability applies in the event that the lessee is a consumer within the meaning of Consumer protection law, only in the case of damage caused by RELEASE or persons whose behaviour is attributable to RELEASE). Liability of RELEASE for lost profits is excluded (this limitation of liability applies in the event that the lessee is a consumer within the meaning of the Consumer Protection Act, only in the case of damage caused by RELEASE or persons whose behaviour is attributable to RELEASE).

11.2 RELEASE is not liable for items that are brought into the vehicle by the lessee and stolen, damaged or left behind when the vehicle is returned. This exclusion of liability does not apply in the event of intent or gross negligence on the part of RELEASE or persons whose conduct is attributable to RELEASE in accordance with the statutory provisions.

  1. Liability of the lessee, limitation of liability

12.1. Liability of the lessee

12.1.1. Unless expressly agreed otherwise in individual cases, the lessee is liable to RELEASE for all damage to the vehicle and its equipment or for the loss (theft, etc.) of the vehicle (and its equipment), insofar as these damages or the loss occurred between the takeover of the vehicle by him and the provision of the same. He must return the vehicle in the condition in which he has taken it over (subject to normal wear and tear for the duration of the rental and the mileage travelled).

12.1.2. Provided the lessee is not a consumer within the meaning of the Consumer Protection Act, this liability is not tied to the fault of the lessee in the damage that has occurred. However, the lessee is not liable insofar as these damages were caused by RELEASE or by persons whose behaviour is attributable to RELEASE in accordance with the statutory provisions, or are due to manufacturing defects or natural wear and tear.

12.1.3. The lessee is jointly liable for the actions of persons to whom he has given the vehicle – with or without the consent of RELEASE – as well as for his own actions, insofar as this action is related to the provision or use of the vehicle. The lessee is therefore not liable in these cases, in particular for damages for which RELEASE is responsible. Any (partial) limitation of liability agreed within the meaning of the provisions below shall not be effective if the lessee (or a person attributable to him) transfers the vehicle to a third party without declaring it in advance to RELEASE and damage to the vehicle occurs during this time (without the fault of RELEASE).

12.1.4. In any case, the lessee is liable for violations of statutory provisions, in particular traffic and regulatory regulations, committed by himself or by persons for whom he is responsible within the meaning of the above provisions (for which RELEASE is not responsible) during the rental period. The lessee shall indemnify and hold blameless RELEASE or the vehicle owner from and against all administrative penalties, fees and other costs (in particular any reasonable legal costs) incurred by RELEASE as the owner of the vehicle or by the vehicle owner as a result of such violations. RELEASE will pass on the data of the lessee to the authorised authorities in the event of requests for information in this regard. As compensation for the administrative burden of RELEASE arising from the processing of inquiries sent to it by the authorities to investigate administrative offences and criminal offences committed during the rental period, RELEASE receives a processing fee for penalties according to Annex 1 from the lessee for each inquiry by the authorities; RELEASE is free to claim further demonstrable damage.

12.1.5. The lessee must observe all relevant regulations and the rights of third parties when driving or parking the vehicle. In particular, the vehicle may not be parked on the private property of third parties without the appropriate permission of authorised persons. If violations of this provision are alleged by a third party, RELEASE will inform this third party of the name and address of the lessee upon request, so that the same can assert any claims in this regard directly against the lessee. If RELEASE or the vehicle owner is nevertheless asserted by a third party due to acts or omissions of the lessee (in particular by way of actions for disturbance of possession or injunctive relief), RELEASE or the vehicle owner will announce the dispute to the lessee in these proceedings in order to give the lessee the opportunity to defend against the claims of the third party. If it emerges from the proceedings that there was culpable conduct on the part of the lessee or persons for whom he is responsible, he must indemnify and hold RELEASE or the vehicle owner harmless with regard to all damages and disadvantages arising therefrom (including the costs of the proceedings).

12.2. (Partial) limitation of liability

12.2.1. By booking the packages offered by RELEASE and referred to in Annex 1, the lessee may limit the liability for damage resulting from accidents and/or thefts to the extent provided for in the respective package by paying a special fee to the agreed deductible. In this case, he is only liable for damage resulting from traffic accidents and/or theft or wilful damage to the vehicle by third parties, beyond the agreed (partial)limitation of liability, if:

  1. he or persons to whom he has left the vehicle have caused the damage by intent or gross negligence, in particular for damage caused by intent or gross negligence, which has occurred due to operating errors, misfuelling, slipping of cargo, braking manoeuvres caused by the lessee, improper handling of snow chains or luggage carriers, improper loading, failure to close covers/windows in rain and wind, failure to observe the maximum clearance height and width of the vehicle (for entrances, bridges, tunnels, etc.) and inadequate vehicle security (unlocked vehicle or leaving the key unhidden), etc.;
  2. the vehicle was driven with the knowledge and consent of the lessee at the time of damage by a person (left to a person) who was not named in advance as a driver to RELEASE;
  3. the driver of the vehicle did not have a valid driving licence at the time of the accident or the ability of the driver to drive was impaired by alcohol, drugs or for similar reasons;
  4. the vehicle has been used at the time of damage contrary to the provisions of point 7.2.1 of these Conditions;
  5. the lessee or his passengers cause damage to or soiling of the interior of the vehicle (such as burn holes in the seats, etc.), insofar as these do not constitute direct consequences of the accident;
  6. any of the obligations referred to in point 9 of these Conditions (Obligations) have been breached;
  7. he or the driver to whom he has given the vehicle has committed an accidental escape, insofar as the legitimate interests of RELEASE in the determination of the damage were generally affected, unless the breach of duty was not intentional or grossly negligent;
  8. the damage has not occurred during the agreed rental contract period (i.e. in particular in the event of a delay in the return of the vehicle);
  9. the damage has arisen during an unauthorised trip abroad.

12.2.2. If the lessee leaves valuables in the vehicle in such a way that they are visible from the outside, thefts or burglary attempts are in any case considered to be grossly negligent, so that any agreed (partial) limitation of liability does not take effect in this case.

12.2.3. If no (partial) limitation of liability applies, the lessee must compensate RELEASE for all damages. In addition, RELEASE is entitled to charge the lessee a damage processing fee in accordance with Annex 1 for each claim in addition to the damage incurred.

  1. Return of the vehicle

13.1. The lessee is obliged to return the vehicle and the vehicle keys as well as the rented accessories to RELEASE at the end of the rental period on the agreed day, at the agreed time and at the agreed return location. If the agreed place of return is abroad, the lessee will be charged a one-way fee in accordance with Annex 1. The vehicle, keys and accessories must be returned in the condition in which they were made available to the lessee at the beginning of the rental period, taking into account ordinary wear and tear. If the rental agreement has been amended within the meaning of point 3.1.2. during the rental period, the lessee is entitled to use the vehicle until the end of the rental period according to the amended rental agreement. The rental agreement only ends when the vehicle has been returned to the agreed location and the vehicle keys and other accessories have been handed over to an RELEASE employee.

13.2. The vehicle must be cleared and cleaned of the lessee’s own property or that of persons attributable to him.

13.3. In the event of the return of the vehicle at an earlier date than agreed in the rental agreement, there is no entitlement to reimbursement of part of the rental costs.

13.4. When returning the vehicle during opening hours, the vehicle as well as the rented accessories are examined for any new damage by an RELEASE employee. RELEASE and the lessee are obliged to draw up and sign a return report by filling out a check-in form. Any new damage will be documented photographically by the employee of RELEASE. At the request of the lessee, a copy of the completed check-in form will be handed over to him.

If new damage is found, and the lessee confirms this by signing the return protocol or the check-in form, he must pay for the damage incurred. If possible, the amount of the damage incurred will be shown in the final invoice.

If the lessee refuses to sign the return protocol despite new damage being discovered, the procedure set out in point 13.6 will be followed.

13.5. If, for reasons for which the lessee is responsible, the vehicle cannot be inspected jointly with the RELEASE employee, the vehicle will be inspected by the RELEASE employee in the absence of the lessee. Non-performance of a joint vehicle inspection is noted on the rental contract or on the check-in form. Should the RELEASE employee detect new damage, RELEASE shall take precedence within the meaning of point 13.6.

13.6. RELEASE also offers its lessees the option of returning the vehicle outside regular opening hours. Since in this case the inspection of the vehicle cannot be carried out together with an RELEASE employee, the lessee is obliged to indicate all new damage (to the vehicle or to the accessories rented with it) on the accident report contained in the vehicle documents. The accident report must then be inserted together with the vehicle keys into the key return box specially provided for this purpose.

In this case, the vehicle remains in the parking lot until the RELEASE station opens again, which immediately carries out the inspection of the vehicle and finalises the rental contract. As part of the subsequent vehicle inspection, an RELEASE employee creates the return report or the check-in form. If any damage is found in the area of responsibility of the lessee, the lessee will be informed immediately, and the relevant damage costs undersigned in the contract will be deducted from the deposit or the credit card of the lessee.

The lessee is responsible for all damages that will be found after the return of the vehicle until the check in procedure has been completed. The check in procedure ends with signing of the return report by both parties. If the return will happen out of opening hours, the lessee will be responsible up until the return report is being processed. If during opening hours, the lessee refuses to sign the return report, he will be responsible in full for any damages that are found on the vehicle.

13.7. In the event when the vehicle is not returned at the agreed time (late return), and the lessee also does not announce the late return, RELEASE reserves the right to notify the competent authority.

13.8. In the event of late return, the following shall apply under one of the following conditions:

In the event of a delay of up to 60 minutes, RELEASE will not charge the lessee any additional costs or fees.

If the delay is more than one, but not more than two hours, RELEASE will charge the lessee a late return fee in accordance with Appendix 1, plus an administrative processing fee.

If the lessee is more than two hours late in returning the vehicle, RELEASE will charge him a daily late fee in accordance with Annex 1 for this and for each additional day of delay commenced (which depends on the contractually agreed time of return) – plus an administrative processing fee. RELEASE reserves the right to claim further damages.

13.9. In the event of a delayed return of the vehicle for which the lessee is responsible, any agreed
(partial) limitation of liability no longer applies, since the fee paid by the lessee for the limitation of liability only covers the period up to the agreed provision.

  1. Final settlement

14.1. RELEASE prepares the final invoice of the rental agreement at the earliest when the vehicle is returned. If additional costs or fees have been incurred, the lessee will also be charged these amounts and debited from his chosen payment method during the booking. In the final settlement, the advance payment made at the time of booking is taken into account and deducted from any higher total amount.

14.2. If damage has occurred to the vehicle or the rented accessories, the calculation of which cannot be made immediately after the vehicle has been returned, RELEASE will issue the final invoice as soon as possible. The lessee acknowledges that in this case the final invoice may be delayed accordingly until the amount of the damage has been collected.

14.3. Further damages and costs that RELEASE becomes aware of after the final invoice has been made (e.g. traffic penalties) and for which the lessee is responsible, will be communicated to the lessee after they become known. In this case, the lessee undertakes to reimburse RELEASE for the notified damages and costs plus a processing fee in accordance with Annex 1 within 14 days.

  1. Data protection clause

15.1. RELEASE processes personal data collected directly from lessees, including the data of each registered driver, in the course of initiating and processing contracts. This is for the purpose of processing the tenancies and the payment claim, checking the identity, for fraud monitoring and for further questions before, during and after termination of the contractual relationship. Further information on the processing of data is available on https://dryyve.hu

15.2. The name, address and rental data of the lessee will be transmitted by RELEASE to the respective authority in the event of justified official inquiries, and to this third party in the event of an alleged violation of the rights of third parties (e.g. in the event of a disturbance of possession).

  1. Applicable law and jurisdiction, Other

16.1. This contract is subject to Hungarian law to the exclusion of its international referral standards. This does not affect the obligation of the lessee to comply with the applicable local law when travelling abroad.

16.2. The sole place of jurisdiction is the competent court for Budapest, Inner City. If the lessee is a consumer within the meaning of § 14 of the Consumer Protection Act, the place of jurisdiction is the court responsible for the lessee’s place of residence. The lessee may bring actions against RELEASE but also in the aforementioned court.

16.3. Offsetting against claims of RELEASE is only permitted with undisputed claims recognised by RELEASE or legally established.

16.4. Where personal expressions are used in these Terms and Conditions, they shall apply equally to men and women.

16.5. Verbal collateral agreements do not exist or expire with the signing of the contract. Changes, including to this provision, must be made in writing.

16.6. Should any provision of the rental agreement or these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

 

General Terms and Conditions

These General Terms and Conditions govern the rental of vehicles by Eight Car in Morocco. By entering into a rental agreement, the Vehicle Renter acknowledges having read, understood, and accepted all conditions herein, forming a legally binding contract between the renter and Eight Car.

1. Preamble
This document sets forth the terms, conditions, rights, and obligations related to the rental of vehicles provided by Eight Car. These conditions apply to all rentals and reservations made by the Vehicle Renter and ensure that both parties understand their responsibilities under Moroccan law.

2. Renter/Driver
Vehicle Renter
The Vehicle Renter is the individual or legal entity entering into a contract with Eight Car. The Vehicle Renter must provide accurate personal details, a valid identification document, passport, and a valid driving license minimum two years as required. The Vehicle Renter is responsible for fulfilling all contractual obligations and will be held liable for any breach of these terms.
Driver
The Driver is the person authorized to operate the rented vehicle. The Driver must possess a valid driving license, meet the minimum age requirement specified by Eight Car, and adhere to all local traffic laws and regulations. If the Vehicle Renter is not the Driver, written consent and supplementary documentation may be required.

3. Reservations/Bookings, Prepaid Bookings
Reservations may be made online, by telephone, or in person at our rental offices. A reservation is confirmed only upon receipt of a valid payment or deposit as outlined in the booking confirmation. For prepaid bookings, the full rental amount must be received at the time of reservation, and refunds—if applicable—will adhere to the cancellation policy set forth herein.

4. Modification and Cancellation of the Booking
Modification of the Booking
Any request to modify the reservation—including changes to rental dates, vehicle type, or pickup location—must be submitted in writing and is subject to vehicle availability. Modifications may result in additional charges and will be processed at the sole discretion of Eight Car.
Cancellation
Cancellation requests must be submitted in writing. Depending on the booking terms, a cancellation fee may apply. For prepaid bookings, refunds will be processed according to the cancellation policy detailed in the booking confirmation, which may include non-refundable amounts.

5. Rental Payment and Deposit
Rental Payment
The rental fee is payable in full prior to or at the time of vehicle pickup unless otherwise agreed. Payment can be made via credit card, debit card, or any other approved method. All fees are subject to applicable taxes and additional surcharges.
Deposit
A security deposit is required upon vehicle pickup. This deposit, held on the renter’s credit card or collected in cash (If the customer agrees to pay for insurance with us), serves as a guarantee against any damage, traffic fines, or additional charges incurred during the rental period. The deposit will be refunded in full upon the satisfactory return of the vehicle, subject to any necessary deductions for repairs or extra charges.

6. Payment Terms, Due Date, Default Interest
All rental payments are due on or before the commencement date of the rental period. In the event of a delayed or missed payment, default interest will accrue at the rate specified in the booking confirmation. Eight Car reserves the right to withhold the delivery of the vehicle until all outstanding amounts are paid.

7. Takeover of the Vehicle by the Renter
At the time of vehicle takeover, the Vehicle Renter is required to inspect the vehicle thoroughly—both externally and internally. Any existing damage must be documented on the provided checklist and reported immediately. This inspection report will serve as evidence of the vehicle’s condition at the time of rental, and any unrecorded damage discovered later may be charged to the renter.

8. Obligations of the Renter, Use of the Vehicle
Obligations of the Renter
The Vehicle Renter agrees to operate the vehicle responsibly and in strict compliance with all traffic and safety regulations. The renter shall not use the vehicle for any unlawful activities and is responsible for maintaining its cleanliness and overall condition during the rental period , We request that no animals be transported in our vehicle.
Use of the Vehicle
The rented vehicle is to be used solely for personal or approved business transportation. Any use beyond the agreed terms, including commercial use or off-road driving, is prohibited unless explicit, prior written consent is obtained from Eight Car. Unauthorized drivers are not permitted to operate the vehicle.

9. Trips Abroad
The option for the Vehicle Renter to take the vehicle outside the borders of Morocco is not available in our company.

10. Procedure in the Event of Breakdowns, Traffic Accidents, and Theft
Procedure in the Event of Breakdowns
In the case of a mechanical breakdown, the Vehicle Renter must immediately contact Eight Cars roadside assistance using the provided contact details. If available, a replacement vehicle may be provided subject to availability and the specific circumstances of the breakdown.
Procedure in the Event of a Traffic Accident
In the event of a traffic accident, the Vehicle Renter is required to secure the accident scene, provide necessary first aid, and contact local emergency services. Contact assistance to send the person completing the accident report form. Filling out the 'accident report form' is mandatory in case of accidents. A police report must be filed promptly if there are any injuries, and Eight Car should be notified as soon as possible. The renter must fully cooperate with any ensuing investigation.
Theft
If the vehicle is stolen, the Vehicle Renter must immediately report the theft to the local police and obtain an official report. Eight Car must also be informed without delay. The renter may be held responsible for any loss or damage not covered by the rental insurance policy.

11. Motor Vehicle Liability Insurance
The rental agreement includes mandatory motor vehicle liability insurance in accordance with Moroccan law. This insurance covers third-party damages as detailed in the accompanying insurance policy document. The Vehicle Renter is encouraged to review the terms, coverage limits, exclusions, and applicable deductibles carefully.

12. Liability of the Company
Eight Car is not liable for any indirect, incidental, or consequential damages arising from the rental agreement. The company’s liability is limited to direct damages to the extent permitted by Moroccan law and subject to the terms and limitations set forth in this document.

13. Liability of the Renter, Limitation of Liability
Liability of the Renter
The Vehicle Renter is responsible for any damage, loss, or fines incurred during the rental period that are not covered by the provided insurance. This includes, but is not limited to, damages due to accidents, unauthorized use, or negligence. The renter agrees to indemnify and hold harmless Eight Car from any claims resulting from such incidents.
(Partial) Limitation of Liability
Notwithstanding the foregoing, Eight Car liability in relation to this rental agreement is limited solely to direct damages and shall not exceed the total rental fee paid by the renter. This limitation does not apply in cases of gross negligence or willful misconduct by Eight Car.

14. Return of the Vehicle
The Vehicle Renter agrees to return the vehicle on the agreed-upon date and time to the designated return location. The vehicle must be returned in the condition in which it was rented, subject only to normal wear and tear. Late returns or the return of a vehicle in an unsatisfactory condition may result in additional charges, including for repairs or cleaning, or fuel.

15. Final Settlement
Upon vehicle return, a final inspection will be conducted by Eight Car . Any discrepancies—such as damages, missing equipment, missing vehicle documentation, or excessive wear—will be itemized , and the associated costs. The client is required to pay the fees. We will cancel the deposit and provide an invoice for the amount paid.

16. Data Protection Clause
Eight Car is committed to protecting the personal data of its customers. All information collected during the rental process is processed in accordance with applicable data protection laws. The Vehicle Renter has the right to access, correct, or request deletion of their personal data by contacting the company’s Data Protection Officer. For further details, please refer to our Privacy Policy.

17. Applicable Law and Jurisdiction
This rental agreement shall be governed by and construed in accordance with Moroccan law. Any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts in Morocco. By signing this agreement, the Vehicle Renter consents to the jurisdiction and agrees to abide by all applicable laws.