Terms and Conditions
General Terms & Conditions (GT&C)
Demiro Mobility Kft.,
Headquarters: 1139 Budapest, Tahi utca 68/A 3/1,
Central Administration: 1139 Budapest Frangepán utca 28/A,
Company Registration Number: 01-09-390957
Demiro Mobility Kft. (hereinafter referred to as the "Company") offers car rental services as a subcontractor operating under the brand name Motiva Rent a car, where vehicles are rented out upon request.
§ Definitions
· Renter: A natural or legal person, or an entity without legal personality, who requests the car rental.
· Vehicle: The rental cars provided by the Company.
· Driver: A natural person whose data is transmitted electronically, verified by the Company, and confirmed as an authorized user of the vehicle on behalf of the renter for the conclusion of the rental agreement.
· Parties: The Company, the renter, and the driver involved in the car rental.
· Rental Agreement: A document containing vehicle data, vehicle damages, and the car user's name and signature. Based on this, the Parties can verify the previous condition of the vehicle.
· Notification: Readable messages via email, phone, or messaging applications (WhatsApp, Viber, KakaoTalk, etc.).
Chapter 1: Subject of the General Terms and Conditions
· (1) The Company rents out rental cars in accordance with the conditions specified in the GT&C. The GT&C (Chapters 1-17) forms an inseparable annex to the rental agreement. For the rental agreement, the Company must ensure the vehicle is in a roadworthy condition. The driver or renter must use the car carefully and is responsible for material and non-material damages caused.
· (2) These GT&C are considered general terms and conditions under Section 6:77 of Act V of 2013 on the Civil Code. These GT&C apply to the verification and copying of personal documents, driving license verification, address proof verification, payment method verification, and the use of Company vehicles.
· (3) By providing the Driver's personal data (surname, first name, address, email, birth details, private mobile phone number, driving license number, issue and expiry date, and location) and accepting the general terms and conditions, a legal relationship is established between the Renter and the Company.
· (4) By using the service, including submitting an order form via phone or email, the Renter declares that they have read, understood, and accepted the GT&C, and consented to its application in their legal relationship(s). When renting Company vehicles, these GT&C are complemented by the rental conditions and the list of fees and costs.
· (5) The establishment of the legal relationship creates the right for the Company and the Renter to demand the conclusion of individual rental contracts.
Chapter 2: Booking Process
· (1) Booking Request: The renter may submit a booking request via webpage, phone or email for the selected brand and model. The booking process only continues when the Company receives all driver information and confirms the booking.
· (2) Modification / Cancellation: To modify or cancel a booking, the renter must notify the Company in writing or by phone at least 48 hours before the planned rental start. The renter may cancel free of charge and is entitled to a full refund in the following cases:
o I. 48 hours (2 days) before the rental starts.
o II. Within 2 hours of finalizing the booking, in all cases.
o III. Flight delay or cancellation for a renter arriving from abroad, provided they can prove it.
Beyond the free cancellation period, the following conditions apply:
o IV. For cancellations more than 48 hours before the rental starts, the renter receives a refund, excluding the service fee and bank card transaction fee (15+2%).
o V. For cancellations less than 48 hours before the rental starts, the renter receives a 75% refund. The remaining 25% is retained by the Company as compensation.
o VI. In case of a no-show, no refund is provided. For cash bookings, the Company may charge the renter's credit card for the total fee. If the charge fails, the Company may pursue the total fee through legal proceedings.
o VII. Force Majeure: e.g., natural disaster; new travel restrictions, if proven. If supported by evidence accepted by the Company, the cancellation fee will be refunded.
· (3) Alternative Vehicles: If the specified vehicle (model, category, etc.) is unavailable, the Company may offer an alternative with similar or higher specifications. The rental terms remain unchanged from the original booking.
Chapter 3: Renting the Vehicle
· (1) Rental Location: Handover takes place at the agreed location. Deviations require mutual agreement, and extra fees may apply for rentals outside the Budapest office.
· (2) Vehicle Inspection: The Company's representative and the driver must jointly inspect the vehicle for visible defects, damages, or dirt before starting the engine. The Company is responsible for pre-existing damages and must record them before the rental begins.
· (3) Contract Conclusion: The agreement takes effect when the Company hands over the keys and documents to the driver, who signs the agreement bearing the Company's stamp.
· (4) Remote Handover: If a personal meeting is not possible, the Company prepares the vehicle and leaves it at an agreed parking space. Keys, documents, and the contract are stored securely at the location (fully at the Company's responsibility). The rental takes effect once the driver signs, accepts, and forwards the contract back to the Company.
· (5) Liability for Damage: The renter is liable for any undocumented damages not jointly verified (via photos or contract) at handover. Parties are mutually liable for intentional or gross negligence damages according to Hungarian Civil Code 6:142§.
· (6) Checking the Contract: The driver must verify the contract's accuracy before signing. If modifications are needed, they must contact the Company.
· (7) Refusal of Rental: The Company may refuse to conclude the rental if the driver/renter:
o Refuses to provide necessary personal data.
o Is suspected to be under the influence of alcohol or drugs.
o Has outstanding debts from previous rentals.
o Behaves aggressively.
o Makes unreasonable demands.
o Spreads false information or obstructs business operations.
o For any other reasonable ground.
o In such cases, the renter receives a refund minus one day's rental fee and a transaction fee.
· (8) Rental Packages & Mileage:
o The Company offers four different insurance packages, which include the differences described below. The renter can select the desired package when submitting the rental application: TPL/CDW/SCDW/ZDW. If the renter or driver has not responded or there is no proof of this, it assumed to selected a TPL package. The renter will be informed for all the insurance coverages. The deposit amount depends on the packages. Coverage limits of the chosen package and the responsibility of the renter have been informing by the each cars on the website.
o The Company may arbitrarily limit the number of daily kilometers that can be driven with the vehicle within the interval of 100 and 800 km/day between the packages. The Company is entitled to a 50-150 HUF/km overrun surcharge from the renter by default. The Company may arbitrarily modify the default surcharge between packages that shown on the webpage or in the rental contract.
· (9) Included & Excluded Costs:
o Included: Base fee; Alternative vehicle in Hungary in case of breakdown/accident (rental fee waived post-breakdown); Vehicle insurance (liability and Casco); Hungarian highway vignette; Seasonal tires; Maintenance.
o Not Included (Renter pays): Fuel; Costs not covered by insurance; Towing/repair for wrong fuel, AdBlue, or low coolant; Interior damage/cleaning; Tire replacement for sidewall damage (requires replacing both tires on the same axle); Traffic fines.
· (10) Modifying the Rental Period: The renter may modify the pickup/drop-off time or location via notification channels. The Company must accept this for it to be valid. If rejected, original details remain. Modification fees must be paid before acceptance. The Company may reject if notification requirements or fee payments are not met. If accepted and paid, the period is mutually extended. Other terms remain unchanged. Early return without a valid reason does not entitle the renter to a refund for remaining days. Refunds are only possible if the seriousness of the situation is proven. For post-paid rentals, early termination requires the Renter to settle all previously incurred and legitimate claims as per the GT&C.
· (11) Vehicle Condition: The Company performs checks/maintenance per Hungarian law (KRESZ) before renting. Vehicles are rented with a valid registration, license plate, valid MOT, in good technical/aesthetic condition, and drivable with a Category B license. At the start, the renter/driver must verify the vehicle's condition (e.g., no dashboard warnings, all tires look fine). If maintenance issues arise during inspection, the Company must be notified immediately to resolve them. In case of defective performance by the Company, the Renter may exercise warranty rights under the Hungarian Civil Code.
Chapter 4: General Obligations and Prohibitions of the Parties
· (1) The Driver's Obligations:
o Safely keep the ignition key and registration certificate received at handover.
o Drive and handle the vehicle carefully, with increased diligence, in an environmentally friendly and fuel-efficient style.
o Immediately notify the Company of any damage or severe contamination, including noticing conditions indicating smoking (e.g., smoke smell, ash, cigarette butts).
o Generally, protect the Company's vehicle against theft (e.g., keep windows rolled up and doors locked when parked, arm the alarm or immobilizer).
o In case of a warning signal, check the level of operating fluids (e.g., proper fuel, windshield washer fluid, AdBlue, coolant) and, if low tire pressure is suspected, check and adjust the tire pressure.
o Before driving, check if there is any obvious defect on the vehicle.
o Comply with all legal requirements related to vehicle use, especially road traffic rules, and verify that the vehicle is in a roadworthy condition.
o Stop immediately if a fault warning appears on the dashboard and contact the Company to agree on whether the journey can continue. The Parties must document this agreement.
o Ensure that the fuel tank or the battery (for electric cars) has at least the same fuel or charge level as at the time of handover.
o Ensure the vehicle is kept clean.
o The driver/renter is responsible for damages caused during vehicle use, according to the Civil Code rules regarding contract-related damages.
· (2) The Driver is Prohibited from:
o Driving under the influence of alcohol, drugs, mind-altering substances, or medication that may adversely affect driving ability. A strict zero-tolerance policy (0.0‰ blood alcohol level) applies.
o Deactivating the passenger airbag, unless required for safely transporting a child in a child seat per safety regulations. If deactivated, it must be reactivated at the end of the rental.
o Using the vehicle off-road (dirt roads), for motorsports, or any racing purposes.
o Using the vehicle for testing, driver training, commercial passenger transport, or other commercial delivery purposes (e.g., courier, food delivery).
o Transporting flammable, toxic, or other dangerous substances in quantities significantly exceeding normal household use.
o Transporting objects that may adversely affect driving safety, or damage the interior/exterior due to their shape, size, or weight.
o Transporting animals, unless explicitly authorized by the Company.
o Using the vehicle to commit a crime.
o Smoking or allowing others to smoke in the vehicle.
o Severely contaminating the upholstery or leaving rubbish inside.
o Transporting more persons than allowed in the registration certificate.
o Performing repair/modification work on the vehicle or employing a third party to do so.
o Transporting children without the required booster/child seat.
o Using the vehicle for travel outside the permitted geographical area.
o Falsifying the license plate or modifying the vehicle without the Company's consent.
o Towing or similar purposes without the Company's permission.
o Allowing unauthorized persons to use the vehicle.
o Sub-renting or pledging the car to a third party.
o Consequences: The Company may temporarily or permanently suspend the rental if any of the above are breached. The Renter must reimburse the Company for resulting costs/damages, and the Company may terminate the contract immediately.
· (3) Maintenance: The Company may require the renter to take the vehicle to a service shop for regular checks. If the renter cannot do this personally, they may request a replacement vehicle. In this case, the renter bears fuel costs equivalent to 300 km or 30 liters. The replacement vehicle must be treated under the same terms, and the fuel level at return must match pickup.
· (4) Accessories: The renter may use additional accessories (e.g., child seats, phone holders) but must return the vehicle in its original condition. The renter pays repair costs for interior damages.
· (5) Vehicle Replacement Request: The renter may request a vehicle replacement for valid safety reasons (e.g., frequent lack of operating fluids, tire pressure warnings, dangerous driving situations like weak headlights, or electronic system failures). The Company assesses the request within 48 hours. The Company is not obliged to fulfill replacement requests based purely on non-safety preferences (e.g., lack of CarPlay, rear-view camera, vehicle size preference, fuel type, A/C strength, or performance).
Chapter 5: The Renter's Payment Obligations & Additional Fees
· (1) Rental Fee & Deposit: The rental fee is determined by the individual contract. The Renter is not entitled to offset or withhold payments. A deposit is required as security for damages or other debts. The Company will not refund the deposit while any liability or debt is pending.
· (2) Deposit Replenishment: If the Company uses the deposit fully or partially to settle claims, the Renter must replenish it to its original amount within 5 days of notice. Failure to do so is a severe breach of contract.
· (3) Penalties and Administrative Fees: The Renter is strictly liable for the following extra costs:
o Loss of keys or documents: Replacement costs plus an immobilization fee of €300.
o Damage to tires, rims, hubcaps, or undercarriage: Full repair costs plus a €30 administration fee.
o Traffic Violations/Fines: Full payment of the fine plus a €30 administration fee per event.
o Missed maintenance / seasonal tire change due to Renter's fault: Actual damages plus a penalty fee ranging from €300 to €3,000.
o Missing fuel at drop-off: A refueling fee of €12 to €20 for every missing 1/8 of the tank, depending on the vehicle's tank capacity.
o Post-termination repair: If non-intended use repairs happen after contract termination, an extra immobilization fee of €500 may apply.
o Excess mileage: Billed based on the individual contract.
o Unauthorized extension: €300 immobilization fee.
o Smoking Violation: €300 penalty.
· (4) Full Liability (up to vehicle value): The Renter must pay the full damage amount for breaching the GT&C, especially in cases of:
o Overloading or careless operation.
o Using the wrong fuel.
o Theft occurring because keys/documents were left inside the unlocked vehicle.
o Failure to provide the vehicle for scheduled maintenance (the Company can claim damages beyond the penalty if the manufacturer's warranty is voided).
Chapter 6: Returning the Vehicle
· (1) Return Terms: The renter must return the vehicle at the agreed location and time.
o Force Majeure: In case of natural disasters preventing return, the renter must notify the Company immediately; no delay penalty will apply.
o Changing Return Details: Requires minimum 24 hours prior notice. If the vehicle is returned to a different location without prior approval, the Renter pays double the location extra fee. Returning at a different time without approval results in extra waiting and rental costs.
· (2) Inspection at Drop-off: The vehicle must be returned in the presence of a Company employee. The renter must ensure no personal belongings are left inside; the Company is not responsible for left items.
· (3) Proof of Condition: At return, any new damage or material loss, proven by photos and the contract, is the Renter's responsibility.
· (4) Company Obligations at Drop-off:
o Take back the vehicle, keys, and documents at the agreed place and time.
o Take at least five (5) clear photographs demonstrating the vehicle's condition. The Company must retain these photos for 30 days.
Chapter 7: Traffic Fines and Authority Regulations
· (1) Data Processing for Authorities: The Renter acknowledges that the Company processes the Driver's data in accordance with current legal regulations. In the event of an administrative fine, parking fee, surcharge, or official inquiry regarding a traffic violation, the Company will release the Driver's details to the competent authorities.
· (2) Handling of Fines: If the Renter or Driver becomes aware of a traffic fine related to the rental car, they must immediately notify the Company.
o I. If the Renter pays directly: The Renter may choose to pay the fine directly. If so, the receipt must be kept and presented to the Company in case of official inquiries. If the Renter fails to present the proof of payment and the fine is later charged to the Company, the Renter must reimburse the full amount of the fine plus an administrative fee. The Company is not obliged to conduct counter-evidence or dispute the fine.
o II. If the fine is charged to the Company: The Company will inform the Renter. If the Renter asks the Company to pay the fine on their behalf, the Company will do so, and will charge the Renter the full amount of the fine plus a processing fee of €30 per fine.
· (3) Long-term Liability: The Company must provide the driver's personal data to the authorities when requested. The Renter acknowledges that traffic fines or sanctions can be imposed even after the rental period has expired, sometimes up to two years later. The Renter agrees to be fully liable for these fines, even if they arise after the rental agreement ends.
· (4) Taxes: Traffic fines are tax-free. The processing fee is subject to an additional 27% VAT.
· (5) Strict Renter Responsibility: Paying traffic fines is strictly the Renter's responsibility, regardless of who was driving the car. The Company will not dispute fines with authorities on the Renter's behalf. The Renter can dispute the fine directly with the police. Any additional penalties arising from late payment are the Renter's responsibility.
· (6) Towing and Wheel Clamping: If the vehicle is towed, the Renter is obliged to retrieve the vehicle and pay the towing costs, which are separate from any fines. If authorities place a wheel clamp on the vehicle, the Renter must pay the removal fee.
Chapter 8: Procedures for Failure to Return the Vehicle
· (1) Legal Action: If the Renter does not return the vehicle at the designated location and time, or if the Company reasonably suspects that the vehicle will not be returned (e.g., the Renter becomes unreachable), the Company may take legal action, including reporting a crime.
· (2) Vehicle Recovery: The Company may take necessary steps to locate the vehicle, such as contacting the Renter, Driver, or using GPS tracking. The Renter is fully liable for all damages and costs resulting from the failure to return the vehicle, including search and recovery costs.
· (3) Complaints Regarding Card Charges: The Renter may notify the Company if they believe an unjustified credit card charge was made due to a complaint. Complaints can be submitted to the dedicated email address (service@joajorentcar.com). The complaint must be submitted within a strict 24-hour deadline from the time of the card charge.
· (4) Complaint Process: The complaint must describe the event in detail, supported by photos, a copy of the rental agreement, or videos. The Company will process the complaint and contact the Renter via email. The Renter then has 24 hours to send their evidence. Based on the evidence, the Company makes a decision and charges the card of the party at fault. If the complaint is unjustified, the complainant is not required to pay a surcharge.
Chapter 9: Procedures in Case of Breakdown or Accidents
· (1) Vehicle Breakdown:
o If it is the Company's fault: In Hungary: The Company covers all costs, including call-out and towing. A replacement vehicle will be provided within 24 hours (during working hours). Abroad: The Company covers all costs and provides a replacement vehicle within 48 hours (during working hours).
o If it is the Renter's/Driver's fault: In Hungary: The Renter bears all costs, including call-out and towing. The Company provides a replacement within 24 hours. Abroad: The Renter bears all costs. A replacement is provided within 48 hours.
o Replacement Cost: The daily cost of the replacement vehicle is identical to the broken-down vehicle, regardless of its type (it may not be the exact same category).
· (2) Traffic Accidents: If an accident occurs, the Renter/Driver must:
o I. Stop immediately and not leave the scene; report the accident to the Company.
o II. Follow the Company's instructions.
o III. Report the accident to the local police.
o IV. If no police report is made, filling out the European Accident Statement inside the car is mandatory.
o V. Cooperate with the Company and provide all necessary documents.
o VI. Do not make any out-of-court settlement with the other party without the Company's approval.
· (3) Damage or Loss:
o I. If the vehicle is damaged or disappears through no fault of the Renter, the Renter must report it immediately and follow instructions.
o II. If the vehicle, keys, or documents are lost, stolen, or damaged due to the Renter's fault, the Renter must reimburse all losses not covered by insurance.
· (4) Termination Due to Breakdown:
o I. The Renter may decline a replacement vehicle and terminate the contract by paying the rental fees and associated costs.
o II. If the same Driver is responsible for two accidents in a calendar year, the Company may unilaterally terminate the contract.
Chapter 10: Liability and Insurance
· (1) General Liability: The Renter is fully liable to the Company for all damages and losses incurred during the rental period, including:
o Damages caused to third parties or the Company.
o Damages to the rental car not covered by insurance.
o Interior contamination (e.g., food residue, animal hair) or strong odors from smoking.
· (2) Insurance Packages (TPL/CDW / SCDW / ZDW) & Mileage:
· TPL:Mandatory by law. It covers damages the renter causes to other people, other vehicles, or public property. It does not cover the rental car itself. If the renter hits another car, TPL pays for the other person's car, but the renter is still responsible for fixing the rental car.
· CDW: This is the basic, standard protection for the rental car itself. It limits the renter's financial liability to a specific, usually high, maximum amount (the "Excess"). If the CDW Excess is €1,000, and the renter causes €5,000 worth of damage to the car, the renter pays €1,000, and the insurance covers the remaining €4,000. If the damage is only €200, the renter pays the €200. The coverage is limited by deposit amount until exceed the limit.
· SCDW: An optional upgrade to the standard CDW. The renter pays an extra daily fee (e.g., +€10/day) to significantly reduce their Excess amount.
It reduces the Excess and deposit amount. Until the exceed amount, the renter would now only responsible by the deposit limit.
· ZDW: The highest tier of protection. The renter pays a premium daily fee (e.g., +€20/day) to bring their Excess and deposit minimum.
· (3) Exceptions (Damages NOT covered by any insurance): Even with the highest coverage (ZDW), the Renter is fully responsible and must pay out of pocket for:
o Accidents or damages not immediately reported to the Company.
o Damage to the undercarriage or interior of the vehicle.
o Lost keys or documents.
o Damages caused by using the wrong fuel.
o Accidents caused by drunk driving, drug use, or illegal activities.
Chapter 11: Termination of the Rental Agreement
· (1) Termination by the Company: If the Renter or Driver breaches the conditions of the agreement, the Company may terminate the contract, demand the vehicle's return, or repossess the vehicle without the Renter's consent. If terminated under this clause:
o The rental fee is charged up to the termination date.
o The Renter must reimburse any losses or damages.
· (2) Early Termination by the Renter: If the Renter wishes to terminate the contract before the agreed period ends, they must notify the Company at least two working days in advance. Failure to do so results in penalties:
o One-day prior notice: One additional day's rental fee.
o Same-day notice: Two additional days' rental fee.
Chapter 12: Processing of Personal Data (Data Management)
· Purpose of Using Personal Data the Company collects the personal data of the renter or the driver for the following purposes:
o I. Submitting information to insurance companies in case of accident administration.
o II. Providing the rental car and related services to the renter or the driver.
o III. Verifying renters or drivers during the rental application and determining their suitability to conclude the rental agreement.
o IV. Forwarding driver data to authorities if the renter or the driver commits a traffic violation.
o V. For purposes not listed here, the Company will separately define the purpose of using personal data and will request the consent of the renter and the driver before collecting, using, or sharing the data with third parties.
Chapter 13: Use of Other Information
· (1) GPS System
o The rental car may be equipped with a Global Positioning System (GPS) that records the vehicle's current location and travel routes.
o The renter and the driver acknowledge and agree that the recorded data may be used by the Company for the following purposes:
§ I. Verifying whether the rental car was returned to the designated location at the end of the rental agreement.
§ II. Checking the current location of the rental car as needed for vehicle management or the fulfillment of other rental agreements.
Chapter 14: Tolls and Vignettes
· (1) Highway Usage: Every rental car is equipped with a valid Hungarian highway vignette.
o I. For an additional service fee, the Renter can request the Company to purchase a foreign highway vignette. In this case, the Company assumes responsibility for vignette-related fines.
o II. Any tolls, tunnel fees, or parking fees outside the Hungarian highway system must be paid by the Renter.
o III. The Renter may purchase a foreign vignette themselves, in which case they are fully responsible for any related issues.
Chapter 15: Other Additional Fees (Prices include VAT)
· Dropping off the rental car outside opening hours without prior arrangement: €100
· Missing fuel at drop-off: €3/Liter
· Extra Driver: €10-20/day
· Smoking inside the vehicle (tobacco/e-cigarettes): €150-300 per occasion (Proven by photos or unknown aroma scents)
· Upholstery cleaning (pet hair, food-drink, etc.): €100 per occasion
· Fine administration (Domestic-Foreign): €20 per occasion
· Late arrival for Airport Rental (after flight arrival): * Delay of more than 60 minutes: €20
o Delay of more than 75 minutes: €30
o Delay of more than 90 minutes: €40
o Additional delay per every 15 minutes: €10
Chapter 16: Working Hours
· (1) Standard Working Hours: Monday to Friday, 09:00 - 17:00 (Hungary timezone), excluding weekends and Hungarian national holidays.
· (2) Out-of-Hours Services: For pre-arranged rentals, drop-offs, accident response, and vehicle breakdowns (e.g., flat tire, battery issues), on-call staff is available 24 hours a day.
Chapter 17: Miscellaneous Provisions
· (1) Modifying Rental Fees: Fees agreed upon before signing cannot be unilaterally modified without mutual consent. Modifications can be negotiated in force majeure situations. If the Renter disagrees with a modification, they may return the vehicle after paying for the used period.
· (2) Legal Enforcement: If the Renter fails to pay invoices by the deadline, the Company may initiate legal steps. The Renter is responsible for all costs, including exchange rate differences, bank transfer fees, and legal representation expenses.
· (3) Criminal Record: The Renter declares they have not been convicted of a property crime and are not under criminal investigation.
· (4) Vehicle Operation: The Renter acknowledges that the Company operates the vehicles as an authorized representative of the owner and has the right to rent or sub-rent them.
· (5) Governing Law: Matters not regulated in this contract are governed by the Hungarian Civil Code and other applicable laws.
· (6) Amendments: The Company reserves the right to modify these GT&C, provided the current provisions are shared with clients.
Effective Date: January 20, 2025.
In case of discrepancies between these conditions and individual agreements, the individual agreements take precedence.