Art. 39 Rental Fee Changes
(1)The rental fees specified in Art. 9 may not be unilaterally adjusted by either party without mutual agreement. However, adjustments may be mutually agreed upon in the event of unavoidable factors arising from changes in national policy in Hungary.
(2)If the renter does not agree to the adjustment, they may return the vehicle after paying the rental fee for the period of use.
Art. 40 Legal Effect, Governing Law, Jurisdiction and Language
(1)Governing law: these T&Cs are governed by and construed in accordance with the laws of Hungary, in particular the Hungarian Civil Code (Act V of 2013), and other applicable Hungarian and EU legislation. As the service is performed in Hungary and neighbouring European countries, local traffic law and civil law apply first. Where individual contract terms conflict with these T&Cs, the individual contract terms prevail.
(2)Jurisdiction: the competent court in Budapest, Hungary has exclusive jurisdiction at first instance over all disputes arising from these T&Cs and the Rental Agreement. Under Regulation (EU) No 1215/2012 (Brussels Ia), the Hungarian courts have primary jurisdiction because the main place of performance is Hungary. For indemnity claims delegated to our Korean affiliate, the courts of the Republic of Korea may also have jurisdiction, to which the renter consents in advance.
(3)Language: these T&Cs are available in Korean, English and Hungarian. In the event of a dispute, the English or Hungarian version prevails over the Korean version. The renter has the opportunity to review the English or Hungarian version before concluding the contract, and we accept no liability for interpretations based solely on the Korean text.
(4)If the renter fails to pay the invoice amount by the due date, the renter agrees that we may take legal action through a lawyer based on the renter's name and information as specified in the Rental Agreement.
(5)If the renter returns to their home country (e.g., South Korea) without paying outstanding amounts, we may delegate the right of indemnity and debt collection authority to our Korean affiliate (JOAJOTOUR CORP.).
(6)The renter agrees not to raise any objection to compensation claims or legal proceedings initiated by the Korean affiliate. An administrative processing fee of 5% of the total amount will be charged during the debt recovery process, and all associated costs (exchange fees, bank transfer charges, legal fees, etc.) are borne by the renter.
(7)We reserve the right to amend these T&Cs. Changes are announced on our website.
(8)In the event of a dispute, the renter must first contact our customer service to seek resolution. If unresolved, the dispute shall be referred to the Hungarian Consumer Arbitration Board (Békéltető Testület) for mediation. Only if mediation fails shall the dispute be resolved by the competent court in Budapest.
Art. 41 Late Interest
(1)If the renter fails to pay the invoice amount by the due date, late interest shall be charged in addition to the outstanding amount.
(2)The applicable late interest rate is the statutory default interest rate under Article 6:48 of the Hungarian Civil Code.
Art. 42 Late Interest – Supplementary
In addition to the late interest under Art. 41, in the event of prolonged non-payment we may commence debt collection proceedings, and all related costs (legal fees, court costs, etc.) are borne by the renter.
Art. 43 Force Majeure
(1)In the event that service provision is made impossible due to circumstances beyond our control – including natural disasters, strikes, government regulations, pandemics, internet outages, or other force majeure events – we shall not be held liable for non-performance of the contract.
(2)In such cases, any prepaid rental fees will be fully refunded, and we will make our best efforts to provide alternative services. No additional compensation may be claimed.