GENERAL TERMS AND CONDITIONS

Transcription

1 GENERAL TERMS AND CONDITIONS FOR USING THE BUDAPEST PUBLIC BICYCLE- SHARING SYSTEM (MOL BUBI) In effect from 14 December 2015 I. Introductory Provisions In order to facilitate and develop utility cycling, a public bicycle-sharing system (hereinafter referred to as: MOL Bubi) has been implemented in Budapest, the capital of Hungary, which as a form of sustainable public transport accessible to anyone aims to improve the transport situation in the capital, reduce environmental impact, promote urban cycling and to improve transport culture. These General Terms and Conditions (hereinafter referred to as: Terms and Conditions) stipulate the terms and conditions regarding how to use MOL Bubi. The Terms and Conditions shall be considered general terms and conditions based on section 6.77 of Act V of 2013 on the Civil Code (hereinafter referred to as Civil Code) Book 6 Chapter XV, and shall be handled as such. These Terms and Conditions are an integral and non-separable part of the User Contract and of the Rental Contract to be concluded between BKK Zrt. and the MOL Bubi User pertaining to the use of MOL Bubi. Neither the User Contract, nor the Rental Contract may validly be established without the explicit acceptance of the Terms and Conditions. II. Definitions II.1 User: Any person over the age of 14 years entering into a Rental Contract with BKK Zrt. in line with Section VI of the Terms and Conditions to use (rent) bicycles available in the framework of MOL Bubi. The User (the signatory of the Rental Contract) is in every case a natural person, even if the extended User Contract (Terms and Conditions V.1.) serving as the basis for the establishment of the Rental Contract is not concluded as Client by a natural person, but by a legal entity, institution or non-governmental organisation registered and operating in Hungary. II.2 Rental Contract: Individual contract to be established in accordance with Section VI of the Terms and Conditions between BKK Zrt. and the User, based on the formerly-concluded extended or casual User Contract, allowing the User to use the bicycle within the given timeframe. II.3 User Contract: Extended or casual contract to be concluded between BKK Zrt. and the Client, in the framework of which the User is authorised to make Rental Contract(s) (Terms and Conditions Section VI). II.4 User account: Menu item on the MOL Bubi website where User data are available. II.5 User statement: MOL Bubi IT interface through which User data in relation to the use of MOL Bubi services along with financial settlement and payment data are indicated. The actual balance of the User statement indicates User debt (for overuse after the free period) as well as the amount receivable. II.6 BKK Zrt.: Organisation appointed by the Municipality of Budapest for all tasks pertaining to the maintenance and operation of MOL Bubi; owner of MOL Bubi assets. II.7 Közbringa Kft.: Organisation commissioned by BKK Zrt to operate MOL Bubi (seat: 1211 Budapest, Duna lejáró 7., company registry number: ). II.8 MOL Bubi: Public bicycle-sharing system established by the Municipality of Budapest as an integrated part of local public transport. II.9 Terms and Conditions: refer to these Terms and Conditions. II.10 Docking station: Sub-unit of MOL Bubi installed on public spaces; special device for storing bicycles. The docking station consists of a terminal, docking stands and one or more extra stands. Users can communicate with the system via the terminal and at some of the terminals tickets can be purchased. The main functions of the docking station are to store MOL Bubi bikes and to enable Users to use the bicycles on a self-service basis. When starting their trip, Users can take the bicycles from the docking station and when finishing their trip, return the bike to the docking station.

2 GENERAL TERMS AND CONDITIONS 2 II.11 User: Client entering into a contract with the Association (BKK Zrt.) to use the MOL Bubi public bicyclesharing system. System use can be on a regular basis in possession of a MOL Bubi pass (Regular users), or occasional (Casual users) with a MOL Bubi ticket. II.12 User identification number: A mobile phone number provided by the User or, in lack of such a phone number, a sequence of numbers generated at the Customer Service Centre to identify the User. II.13 Regular user: MOL Bubi User who registers in the MOL Bubi system and concludes a Rental Contract for either an annual, semi-annual or quarterly period and settles the usage fee thereby becoming entitled to use the system. The Regular user can access MOL Bubi services by providing his/her mobile phone number serving as an ID number along with the system-generated PIN code or by using the so-called MOL Bubi card. The Regular user s payments are recorded in a unique register (in the User statement). II.14 PIN code: A six-digit sequence of numbers associated with a given User identification number, randomly generated by the MOL Bubi IT system, which may be modified by the Client both on the MOL Bubi website and via the mobile application. II.15 Deposit: The actual amount specified in Annex 1 on Fare Structure of these Terms and Conditions blocked in advance in the bank account of the User concluding a Casual User Contract, from which the price of the purchased ticket, the usage fee, and, where applicable, the postage fee are deducted. II.16 Casual User: a MOL Bubi User who registers in the MOL Bubi system and purchases by bankcard either a 24-hour, a 72-hour or a 7-day ticket specified in Annex 1 of these Terms and Conditions and a deposit is blocked in his/her bank account. After this process, the User becomes entitled to use the system. II.17 MOL Bubi ticket: The product received by a Client concluding a Casual User Contract in exchange for payment of the product fee in full for the entire length of period selected from the options for different lengths of periods described in Annex 1 on Fare Structure of these Terms and Conditions specified in the Casual User Contract. The actual price of the product is specified by Annex 1 on Fare Structure of these Terms and Conditions. II.18 MOL Bubi pass: The product received by a Client concluding an extended User Contract in exchange for payment of the product fee in full for the entire length of period selected from the options for different lengths of periods described in Annex 1 on Fare Structure of these Terms and Conditions specified in the extended User Contract. The actual price of the product is specified by Annex 1 on Fare Structure of these Terms and Conditions. The MOL Bubi pass is issued on a plastic card (MOL Bubi card). II.19 MOL Bubi coupon: A voucher with a unique ID, purchasable at BKK s Central Customer Service Centre, transferable to natural persons, redeemable for a MOL Bubi pass for the period and fee described in Annex 1 on Fare Structure of these Terms and Conditions, based on which an extended User Contract can be concluded. Natural persons shall pay the fee of the coupon redeemable for a MOL Bubi pass in one sum on the spot when purchasing the coupon, while legal entities have the option to settle the fee either on the spot or by bank transfer. Only natural persons over the age of 14 years resident in Hungary are entitled to redeem the MOL Bubi coupon at BKK Customer Service Centres and at the Central Customer Service Centre. Depending on the pass type, the coupon can be exchanged within 3, 6 or 12 months from the date of issuance. The validity period of the redeemed pass starts from the time of activation (day, hour, minute) after the conclusion of the contract and expires after 3, 6 or 12 months. The coupon is not convertible to cash. II.20 Central Customer Service Centre: the central customer service centre indicated on BKK s official website. II.21 Unavailable docking station: docking station that is temporarily unavailable for the MOL Bubi public bicycle-sharing system. BKK Zrt. informs Users about unavailable docking stations in the following ways: on the MOL Bubi Facebook page with the help a sticker placed on the given terminal by cordoning off the area on molbubi.bkk.hu and on the map of the MOL Bubi app by a grey icon

3 GENERAL TERMS AND CONDITIONS 3 III. Scope of Terms and Conditions, Governing Law III.1 The scope of Terms and Conditions covers BKK Zrt., as MOL Bubi s service provider, MOL Bubi s actual operator and all natural persons, legal entities (businesses) and other organisations with legal capacity under national law entering into a contract to use MOL Bubi services, the Renter and the User in case the User is distinct from the Renter. III.2 These Terms and Conditions shall enter into force from the first calendar day after its publication and is in effect until further notice. III.3 BKK Zrt. shall publish any modifications of these Terms and Conditions on the molbubi.bkk.hu website, at the Central Customer Service Centre (Rumbach S. u ) and at its other Customer Service Centres and Points (hereinafter referred to as: Customer Service Centre ) at least 5 (five) calendar days before modifications enter into force. III.4 These Terms and Conditions shall be interpreted with all the contracts concluded in relation with the use of MOL Bubi services; the scope of the Terms and Conditions covers all contracts concluded by the Renter in the subject of the use of MOL Bubi. III.5 The present Terms and Conditions in full are available electronically on the molbubi.bkk.hu web-site, and the printed version at BKK Zrt s Customer Service Centre. III.6 Modifications to these Terms and Conditions do not affect the content of Rental Contracts already existing and executed at the time those modifications enter into force, not even if the User Contract on the basis of which the Rental Contract is concluded is still binding. However, the scope of modifications shell cover the User Contracts in effect on the day when the modifications enter into force, in these cases, the Terms and Conditions apply in modified form from the date the modifications enter into force. The Terms and Conditions also apply in modified form to Rental Contracts concluded after the modifications have entered into force. III.7 In all matters not specified by these Terms and Conditions, the stipulations of the Civil Code and of Act XLI of 2012 on Passenger Transport Services (hereinafter referred to as: Act on Passenger Transport Services) shall be applied. IV. General Rules of Contracts Regarding the Use of MOL Bubi IV.1 Use of the services of MOL Bubi is only possible based on a binding User Contract and Rental Contract. Entering into the User Contract is a prerequisite of entering into the Rental Contract. The Rental Contract may not be validly established without the conclusion of the User Contract. Any person who during the process of entering into the User Contract accepts the provisions of these Terms and Conditions to be binding, is authorised to enter into the User Contract. The following persons and entities are authorised to enter into an extended User Contract: Natural persons over the age of 14 years, with a registered residence in Hungary; furthermore Any legal entity, institution or non-governmental organisation registered and operating in Hungary, in accordance with the provisions of point V.1 of these Terms and Conditions. The following persons and entities are authorised to enter into a casual User Contract: Natural persons over the age of 14 years, without a registered residence in Hungary; furthermore All natural persons who are authorised to enter into an extended User Contract, but are not bound by an extended User Contract in effect at the time when the casual User Contract is concluded. Legal entities (businesses) are authorised to conclude only an extended User Contract, while a casual User Contract may be concluded only by natural persons. Any natural person who is bound by a valid extended User Contract may not enter into a casual User Contract while the extended User Contract is in force. IV.2 Only natural persons over the age of 14 years are authorised to conclude a Rental Contract based on a Casual or extended User Contract, after the User Contract has been concluded. IV.3 In relation to all natural persons over the age of 14 years, BKK Zrt. considers all contracts pertaining to the use of MOL Bubi as contracts of minor importance aimed at satisfying everyday needs, in accordance with point b) of paragraph (2) of section 2:12 of the Civil Code, and consequently the consent of a legal guardian for the conclusion of such contracts is not required. Any Hungarian residence verified by a valid personal identification document listed in point V.1.2 shall be accepted as a Hungarian residence (address).

4 GENERAL TERMS AND CONDITIONS 4 IV.4 The Casual User Contract may be concluded online on the effective MOL Bubi website, through the mobile phone application (MOL Bubi app) or via electronic data transfer at docking stations equipped with touchscreen terminals. The Extended User Contract may be concluded only in person at the Customer Service Centre. The Rental Contract may be concluded only electronically. IV.5 BKK Zrt. is authorised to commission a third party to operate MOL Bubi. When these Terms and Conditions enter into force, MOL Bubi is operated by the Operator based on the agreement made between BKK Zrt. and the Operator Tangible assets constituting any part of the MOL Bubi are legally owned by BKK Zrt., thus any damage caused by the Client to these tangible assets shall be considered damage incurred by BKK Zrt. The Client may also damage tangible assets legally owned by the Operator through inappropriate use of MOL Bubi Services constituting breach of contract; such damage is considered damage incurred by the Operator, for which the Client is liable to the Operator. If any Client causes damage to the tangible assets of MOL Bubi, BKK Zrt. is authorised to transfer the right to enforce the claim against the Client to the Operator, in which case the Operator may file the claim for damages against the Client responsible. V. User Contracts This section V summarises provisions pertaining to User Contracts. Provisions pertaining to Rental Contracts are summarised in section VI. The User Contract authorising Users to use MOL Bubi may be concluded on an extended or a casual basis. By concluding either an extended or a casual User Contract, the Client bound by that contract is authorised to use MOL Bubi at any time within the designated service period, by concluding Rental Contracts during the service period of MOL Bubi (the prerequisite of conclusion of Rental Contracts is to meet the other stipulations specified in these Terms and Conditions). The extended or casual User Contracts by themselves do not authorise Users to use the bicycles, it is also necessary to enter into a Rental Contract to use the bicycles. Entering into an extended or a casual User Contract is one of the prerequisites of entering into the Rental Contract. Based on either an extended or a casual User Contract concluded, the Client my create conclude at the same time a maximum of 4 (four) Rental Contracts (provideded Client meets with all other requirements defined in these Terms and Conditions). There is no limit to the number of Rental Contracts which may be concluded consecutively (concluded one after another, subsequent to the termination of previously-established Rental Contracts). A Client may be a party of only one type of contract (either an extended or a casual) at one time. V.1 Extended User Contract V.1.1 The extended User Contract is established independently from the Rental Contract, preceding the establishment of the Rental Contract(s) which shall be established subsequently on the basis of the previously-mentioned User Contract. The extended User Contract is concluded and signed in every case in person at the Customer Service Centre. After the extended User Contract has been concluded, BKK Zrt. issues a MOL Bubi card to the Client entering into the extended User Contract. The MOL Bubi card is provided only when an extended User Contract is concluded. The duration of the extended User Contract corresponds to the validity period of the purchased MOL Bubi Pass. After the expiration of the validity period of the purchased MOL Bubi pass, the Client may purchase a new MOL Bubi pass at the Customer Service Centre, via the MOL Bubi app or at the MOL Bubi website, by reviewing the data specified in point V.1.2 and by concluding and signing a new extended User Contact in person at the Customer Service Centre. If the Client loses, damages, or in any other way ren-ders inoperable the MOL Bubi card issued to them, or if the MOL Bubi card becomes inoperable, a new MOL Bubi card shall only be provided on the basis of an existing binding or newly established extended User Contract. The Client is responsible for the MOL Bubi card issued to him/her and for the contractual use thereof. The Client to whom a lost or non-contractually (wrongfully) used MOL Bubi card was issued is responsible for any damage incurred through the loss or non-contractual use of the MOL Bubi card. In case of redeeming MOL Bubi coupons, provisions concerning conclusion of extended User Contract shall be applicable with the exception that the User (redeeming MOL Bubi coupon) shall not settle the fee for the duration of the extended User Contract since the purchaser of the MOL Bubi coupon has already settled the fee by having purchased the MOL Bubi coupon. The precondition of redeeming a MOL Bubi coupon is that the User redeeming the MOL Bubi coupon gives his/her consent to the recording and managing of his/her personal data in compliance with the Data Management Policy. Furthermore, the User s approval is also needed to receiving informational and commercial messages from BKK Zrt. as per the conditions specified in the Data Protection Guidelines (Annex 3 of these Terms

5 GENERAL TERMS AND CONDITIONS 5 V.1.2 V.1.3 V.1.4 V.1.5 and Conditions). Should a natural person refuse his/her such consent, the MOL Bubi coupon cannot be redeemed and the MOL Bubi pass may be purchased at the regular price specified in Annex 1 on Fare Structure of the effective Terms and Conditions. One given Client (natural person) may at any time hold only one binding extended User Contract. One given natural person may at any time hold only one MOL Bubi card - on the basis of a binding extended User Contract. One given legal entity (business) may at any time hold multiple MOL Bubi cards - on the basis of a binding extended User Contract - in accordance with point V In order to conclude an extended User Contract, BKK Zrt. requests that natural person Clients wishing to enter into an extended User Contract provide the following information upon signing the contract: a) name, citizenship, address of Hungarian residence, or, in case of simultaneous registration of permanent and temporary residences, the addresses of both the permanent and temporary residences b) place and date of birth c) mother s name d) mobile telephone number e) address To support information provided according to points a) - c) above, Hungarian citizens must present valid Hungarian personal identification documents (personal photo ID, card-format driving license or passport), while non-hungarian citizens must present a valid personal identification document; and to verify the residence or the permanent and temporary residences, a valid address registration card issued by Hungarian authorities will be required, in case of both Hungarian and non-hungarian citizens. In case of any change in the information listed in points a), d) and e), the Client shall be required to notify BKK about the new valid data within 15 days, as follows: - only in person at the Customer Service Centre, in case of data detailed in points a) and d) are changed, -either in person at the Customer Service Centre or electronically via the MOL Bubi website or mobile application in case data detailed in point e) is changed. During the contractual legal relationship, if the Client fails to report that any of his/her data has been changed, the contract is considered breached. Point V.1.15 stipulates information on the conclusion of extended User Contracts by businesses, as well as personal information required for the conclusion of the extended User Contract. Any natural person Client wishing to conclude an extended user Contract is required to verify his/ her private information necessary for the conclusion of the contract at the Customer Service Centre in accordance with point V.1.2. The Client s personal data are not printed onto the MOL Bubi card issued to the Client; only the serial number thereof is indicated on the card. The Client is authorised to personalise (by applying name and/or any personal identifier), without damaging operability, the MOL Bubi card issued to them. A balance is associated with each extended User Contract (Client account ), which may be used for payment of MOL Bubi usage fees accumulated outside of the free usage period and for the replacement of the MOL Bubi card. Once the extended User Contract (pass) expiresalong with expiry of the extended User Contract (MOL Bubi pass), the basic balance associated with the given contract that was generated by the system upon Card issue is set to zero, however the available balance out of the amount of money topped up todeposited the Client account by the User or by a third party acting on behalf of the User can be used later onshall remain available for the User. Rules and stipulations related to balance top-up are specified in point V The extended and/or casual User Contract authorises the User to rent bicycles from MOL Bubi docking stations and to enter into Rental Contracts. Further conditions of the establishment of Rental Contracts are that the current balance of the User account available for using the MOL Bubi service shall not be a negative amount at the time when the Rental Contracts are concluded and that the fee of the MOL Bubi pass associated with the extended User Contact has been paid at the time when the Rental Contracts are concluded. The Client may enter into a Rental Contract on the basis of the extended User Contract by using the MOL Bubi card issued to them, or by using their User Identification Number and PIN Code.

6 GENERAL TERMS AND CONDITIONS 6 V.1.6 A Rental Contract may be concluded on the basis of the MOL Bubi card only by owner of the given MOL Bubi card, the Client to whom the given MOL Bubi card has been issued. If the Client gives the MOL Bubi card issued to him/her or his/her User Identification Number and PIN code to a third party, the Client to whom the MOL Bubi card has originally been issued shall be liable to BKK Zrt. for the actions of and any damage caused by the third party to whom the MOL Bubi card or the User Identification Number and PIN code were given by the User. BKK Zrt. shall consider Rental Contracts concluded using the MOL Bubi card as Rental Contracts concluded by the Client to whom the given MOL Bubi card was issued. V.1.7 Any natural person Client is entitled to use the MOL Bubi service at a discounted price if the Client, when purchasing the service, gives his/her consent to recording and managing of his/her personal data in compliance with Data Management Policy and to receiving informational and commercial messages from BKK Zrt. as per the conditions specified in the Data Protection Guidelines (Annex 3.a of these Terms and Conditions). V.1.8 V.1.8 The Client shall report the loss of the MOL Bubi card to BKK Zrt. within the shortest possible, reasonable time, but within maximum 1 (one) workday, in person at the Customer Service Centre or via the BKK call centre. The User shall be responsible for any damage resulting form his/her failure in notifying BKK about the loss of the MOL Bubi card. V.1.9 In case the MOL Bubi card is lost, damaged or destroyed, the card can be replaced with the condition that Client settles the fee listed in Annex 1 on Fare Structure of these Terms and Conditions. V.1.10 In case the MOL Bubi card becomes inoperable as a result of proper use, cost of replacement of MOL Bubi card shall not be charged to the User. V.1.11 It is not possible for BKK Zrt. to purchase back or exchange lost coupons or coupons unredeemed within their validity periods. V.1.12 The coupon cannot be redeemed beyond its validity period. V.1.13 Under the extended User Contract, the Client, of their own accord, may conclude one or more Rental Contracts for the duration specified in point VI.2 of these Terms and Conditions. At any given time, the Client may enter into a maximum of 4 (four) Rental Contracts simultaneously. BKK Zrt. considers Rental Contracts to be simultaneous, if a given Client (using the same MOL Bubi card) enters into additional Rental Contracts at any time under the duration of binding Rental Contract(s) previously concluded by that Client. V.1.14 The balance of the User account associated with the MOL Bubi card may be topped up by the Client to whom the card was issued or by any third party for the benefit of the Client. The Client may not transfer, nor in whole or in part, the balance available on the Client s User account to the account of another User. The balance can be topped up at touchscreen terminals, via the MOL Bubi website, via the MOL Bubi mobile app or in person at any Customer Service Centre. The maximum amount of the balance associated with the MOL Bubi User account is specified in the Fare Structure annex of these Terms and Conditions. The number and amount of balance top-ups are unlimited up to the maximum amount. V.1.15 Special stipulations regarding extended User Contracts established by legal entities (businesses) are, shall be as follows: Extended User Contracts concluded by legal entities (businesses), such as legal entities, institutions or non-governmental organisations registered and operating in Hungary are subject to the stipulations governing extended User Contracts established by natural persons specified in point V.1., with the following variations set out below. Legal entity Clients (businesses) may establish extended User Contracts with their valid com-pany register (or, where appropriate, with the Memorandum or Articles of Association), also presenting their specimen signature. The extended User Contract may be concluded in person by the company s authorised signatory or by any proxy of the authorised signatory. If the authorised signatory does not conclude the contract in person, but through authorised proxy, the authorisation issued by the authorised signatory (as set out in the specimen signature) is also required for the conclusion of the contract. The authorization shall be made out in the name of the authorised proxy present at Customer Service to establish a contract in the name of the legal entity Client and shall au-thorise them specifically to establish an extended User Contract for the use of MOL Bubi. The authorised signatory or authorised proxy present is obligated to verify his/her personal identification at the Customer Service

7 GENERAL TERMS AND CONDITIONS 7 Centre in accordance with point V.1.2, prior to the conclusion of the Contract. The process of concluding the extended User Contracts by legal entities (businesses) depends on the payment method chosen by the Client (cash, bankcard or transfer). In case the authorised signatory or authorised proxy wishes to settle the payment for the MOL Bubi cards in cash or by bankcard on the spot, or wishes to purchase up to 10 pieces per type of the MOL Bubi coupons available for sale, then the contract shall be concluded at the Central Costumer Service Centre. In case the authorised signatory or proxy wishes to settle payment for the MOL Bubi cards by bank transfer or wishes to purchase more than 10 pieces per type of the MOL Bubi coupons available for sale, then the purchase request shall be recorded at the Customer Service Centre and the invoice shall be sent to the legal entity. For each requested card and coupon, the effective price of the pass (or combined pass) associated with the duration of the card must be paid in advance and in full, in accordance with Annex 1 on Fare Structure of these Terms and Conditions, and future top-ups of these cards must also be performed by the legal entity Client (this top-up is also subject to the stipulations of point V.1.14). Legal entity Clients are entitled to use the discounted service defined in the effective Annex 1 on Fare Structure of these Terms and Conditions, if they undertake to use the service by concluding a longerterm cooperation agreement with BKK Zrt.. Parties shall agree on the content and conditions of the cooperation agreement during the negotiation period prior to concluding the cooperation agreement. The cooperation agreement cannot be concluded at the Central Customer Service Centre, however the request stated at the Central Customer Service Centre for the conclusion of the cooperation agreement shall be recorded. A legal entity Client may, at its sole discretion, hand over the cards issued to them for the purpose of use as well as the purchased coupons for the purpose of redeeming them for cards to any natural persons. The legal entity Client shall keep up-to-date records of the persons to whom the MOL Bubi cards have been transferred for the purpose of use. Should BKK Zrt. so request, it shall be allowed access to these records. The legal entity Client is liable to BKK Zrt. for the actions of all persons it provided with MOL Bubi cards and for any damage caused by those persons. In case of loss, destruction or damage of the MOL Bubi cards issued to the legal entity Client, the legal entity Client under User Contract shall notify BKK Zrt. in accordance with point V.1.8. BKK Zrt. shall not compel the purchaser of the coupon to keep a registry of coupons transferred for redeeming. Rules specified in point V.1 regarding extended User Contracts to be concluded by natural persons shall be also applicable for extended User Contracts concluded by natural persons based on the redeemed coupons. The legal entity Clients shall be entitled to submit their order of a combined pass via internet, in which case they are not obligated to purchase the combined pass through the Central Customer Service Centre. V.1.16 If the Client purchases a ticket or pass or makes any other payment (e.g. balance top-up) at any of BKK Zrt s Customer Service Centre, a VAT invoice shall be issued and handed over in each case. VAT invoices cannot be requested at MOL Bubi docking station terminals. In case of online purchases, the Client needs to indicate if a VAT invoice is required. If yes, a further declaration is needed whether the invoice will be collected by the Client at the Customer Service Centre or postal delivery is requested. In case of online transactions for which the postal delivery of the VAT has been requested, BKK Zrt. shall forward the invoice to a postal address specified by the Client, the costs of which are set out in the pertinent attachment of these Terms and Conditions, and the deduction of whose costs is authorised by the Client at the time the request for postal delivery is submitted. BKK Zrt. shall issue MOL Bubi passes sold to natural persons only if the purchaser a) requests an invoice for their own name b) requests an invoice as a private entrepreneur In case the natural person Client requests an invoice for any of the MOL Bubi passes to be issued for a legal entity, the Client may purchase only the products available to legal entities. BKK Zrt. shall not issue VAT invoices at Customer Service Centres retrospectively. MOL Bubi docking station terminals are not equipped with printers therefore terminals do not print supporting documents (receipts or invoices). When purchasing a ticket at the terminal, the Client needs to indicate the method of collecting the invoice for the service (personally or postal delivery).

8 GENERAL TERMS AND CONDITIONS 8 V.1.17 If the Client (or the third party to whom the Client handed over a MOL Bubi card issued to them) acts in breach of the provisions of the Terms and Conditions, BKK Zrt. is authorised to unilater-ally terminate both the extended User Contract and the Rental Contracts established on the basis thereof. BKK Zrt. is not required to notify the Client prior to the unilateral termination of these contracts, to call for the cessation of wrongful activities constituting the breach or to give notice. In case of such a termination, BKK Zrt. invalidates the Client s user account along with the MOL Bubi card issued to the Client, so that the services of MOL Bubi are no longer available through the use of the user account or the card, of which fact BKK Zrt. attempts to notify the Client at one of the contact channels specified by the Client. At the time of contract termination, the balance stored in the invalidated MOL Bubi card user account, BKK Zrt. cannot be made liable for the reimbursement thereof. All damage and legal sanctions resulting from the breaches of contract and the termination of contract applied by BKK Zrt. in consequence of those breaches shall fall on the Client in breach of contract. V.1.18 If a given Client acts in breach of the provisions of these Term and Conditions, BKK Zrt. is authorised, above the legal sanctions (unilateral termination of contract) set out in point V.1.17, to place the Client on a blacklist. Blacklisting means that no new MOL Bubi pass may be issued to that given Client, the Client may not enter into extended nor casual User Contracts, and consequently, Rental Contracts either. The duration of the blacklisting is dependent on the unilateral decision of BKK Zrt., it is in force until revoked. A Client blacklisted by BKK Zrt. may at any time, but earliest 6 (six) months after their placement on the blacklist, submit a request in writing at Customer Service to be taken off the blacklist. BKK Zrt. shall reach a decision regarding this request with 30 (thirty) calendar days of the submission of the request, and shall notify the Client of its decision in writing. BKK Zrt. is not required to justify its decision. If BKK Zrt. denies the Client s request to be removed from the blacklist, the Client may not resubmit the request for 6 (six) months after the decision was made, and if they do so nonetheless, BKK Zrt. is not required to meaningfully address their petition. V.1.19 If a given Client does not possess a valid MOL Bubi pass and/or if the balance associated with their MOL Bubi user account is negative at any point in time, no new Rental Contracts may be established on the basis of that user account. This cannot, however, be considered blacklisting, as in this case, BKK Zrt. does not terminate the extended User Contract, and the Client may, at any time, without the submission of a specific request, enter into additional Rental Contracts following the payment of the price of the pass and settlement of the balance. BKK Zrt. is authorised to take action and apply the measures necessary to secure the settlement of the debt, and is authorized to pass on the justified costs incurred in the process to the Client. The Client may terminate the extended User Contract at any time with a unilateral statement made in writing to BKK Zrt. A sample of the unilateral statement is Annex 4 of these Terms and Conditions. The statement terminating the User Contract shall be submitted at Customer Service in person. BKK Zrt. shall invalidate the MOL Bubi card issued to that Client within 8 (eight) days of receiving the written statement of termination, and shall transfer, after verifying the necessary data, the amount of the balance stored in the user account back to the Client. The time of termination of the extended User Contract is the time of invalidation of the MOL Bubi card. V.2 Casual User Contract V.2.1 The Client may enter into a casual User Contract without the prior procurement of a MOL Bubi card (and prior establishment of an extended User Contract) using a bank card owned by them, bearing their name, by any of the following methods: at a MOL Bubi docking station equipped with a touchscreen terminal and via the MOL Bubi website, via the mobile application. Irrespective of the method of contracting, the duration of the casual User Contract shall be the duration of the validity of the Ticket selected by the Client (the duration and one-time fee of the different Tickets available to the Client are set out in the fare structure annex of these Terms and Conditions). A usage fee, proportional to actual use, shall be paid on top of the one-time fee of the selected Ticket. The casual User Contract authorizes the Client to use the MOL Bubi service under the duration of the validity of the selected Ticket, and to enter into any number of Rental Contracts thus use the MOL Bubi bicycles - to the extent of the deposit amount (see VI.1) pre-authorised at the establishment of the casual User Contract.

9 GENERAL TERMS AND CONDITIONS 9 V.2.2 V.2.3 V.2.4 V.2.5 At MOL Bubi docking stations, the establishment of casual User Contracts and Rental Contracts and the payment of the price of the Ticket and deposits is only possible with bank cards issued by specified card associations. The pertinent attachment of these Terms and Conditions lists the types of bank cards accepted. BKK Zrt. is authorised to at any time unilaterally modify the scope of cards accepted. A maximum of 4 (four) Rental Contracts may be entered into at one time on the basis of a single casual User Contract associated with one given user identification number. In case the Client wishes to enter into multiple Rental Contracts on the basis of a casual User Contract established with the use of a given bank card, the deposit shall be blocked in their account in one lump sum for all of those Rental Contracts. If the Client wishes to purchase multiple Tickets associated with the same user identification number, they may only do so if they indicate the number of Tickets during the given purchase process, taking into account that the number specified will no longer be modifiable later, under the duration of the validity of the Ticket. Multiple Tickets may only be purchased if all of the purchased Tickets are of the same type. Under the duration of the validity of the previously purchased Ticket(s), no new Ticket associated with the same user identification number may be purchased. The same person shall be the contracting party under the casual User Contract and the Rental Contract established on the basis thereof who is specified as the owner of the bank card used to establish the casual User Contract and the associated Rental Contract. If the owner of the card hands the card over to another party, the owner of the card shall be liable for the actions of and damage potentially caused by the third party using the card. BKK Zrt. shall consider casual User Contracts and Rental Contracts established on the basis of those User Contracts in all cases as entered into by the individual who owns the bank card used to establish those contracts. BKK Zrt. does not itself examine the legality of the use of bank cards in connection with casual User Contracts established by the use of bank cards and associated Rental Contracts. These contracts shall be considered legally binding and BKK Zrt. shall deduct the fees due for fulfilment of these contracts from the amount pre-authorised in the bank account linked to the card. BKK Zrt. follows this procedure even if after the establishment of the Contract, the bank card used for contracting is declared stolen or in any other way cancelled - prior to the termination of the casual User Contract, associated Rental Contracts, the calculation of fees and the deduction of rental fees due. A further condition of the establishment of casual User Contracts and Rental Contracts with the use of bank cards at MOL Bubi docking stations and via the MOL Bubi website or via mobile application is for the Client to own a mobile phone device and provide the number of that mobile phone to BKK Zrt in the course of contracting. The mobile phone number provided will be the Client s identifier (user identification number), which is necessary for the establishment of Rental Contracts based on the casual User Contract. In the absence of a mobile phone number also serving as a user identification number, BKK Zrt. cannot issue the PIN code needed to use the system (alongside the user identification number, this PIN code will be also be necessary for the Client to enter into Rental Contracts). BKK Zrt. will send the PIN code necessary for the use of MOL Bubi, valid under the duration of the casual User Contract, to the mobile phone number provided by the Client during the contracting process. BKK Zrt. is only responsible for sending the PIN code necessary for the establishment of Rental Contracts, in the form of an SMS message, to the mobile phone number provided by the Client during the contracting process. BKK Zrt. is not liable for damage incurred if the SMS is not received or received late due to a malfunction of the network of the mobile service provider, neither is it liable if such an event comes to pass due to a malfunction or technical failure of the Client s mobile phone device or due to any cause related to the Client s effective telecommunications service contract. The Client is solely responsible for the provision of the mobile phone number - in the form stipulated by BKK Zrt. - for the Client s use of the PIN code, and for keeping the PIN code unobservable to others before picking up the bicycle. If the Client does not possess a mobile phone number or if the mobile telecommunications service used by the Client does not fulfil the stipulations of this point V.2.5, Customer Service shall generate and provide the Client with a user identification number and PIN code to be used to conclude a casual User Contract at any touchscreen terminal or online at the MOL Bubi website or through the mobile application. The Client may at any one time pick up as many bicycles (enter into as many Rental Contracts) as the extent of the deposit authorised during the establishment of the casual User Contract allows, but at most 4 (four) bicycles. The number of Rental Contracts the Client is authorised to enter into under the duration of the validity of the selected Ticket is unlimited, however, if the Client uses up the deposit in the course of fulfilling Rental Contracts (in the course of the use of MOL Bubi bicycles), an additional new Rental Contract may only be established following the repeated payment of the deposit.

10 GENERAL TERMS AND CONDITIONS 10 V.2.6 In other cases - including stipulations pertaining to termination set out in points V V the casual User Contracts are subject to the stipulations of extended User Contracts, with the necessary modifications set out in point V.2. VI. Rental Contracts VI.1 Deposit VI.1.1 A casual User Contract and associated Rental Contract may only be established if the User - aside payment of the one-time fee of the selected Ticket - makes the deposit specified in the fare structure attachment of these Terms and Conditions available to BKK Zrt. There is no need to provide a deposit in the case of extended User Contracts, as the usage fees related to the use of the MOL Bubi service are deducted from the balance associated with the MOL Bubi user account issued on the basis of the extended User Contract. The deposit in connection with the establishment of a casual User Contract is secured by blocking the amount of the deposit in the bank account linked to the bank card used to enter into the casual User Contract. Consequently, it is an express condition of establishment of casual User Contracts (and associated Rental Contracts) that the funds available in the bank account linked to the bank card used cover the amount of the deposit at the time of contracting. VI.1.2 The deposit provides coverage for all fee-related claims resulting from Rental Contracts. BKK Zrt. is authorised to enforce its arising claims directly from the deposit. The deposit cannot, however, expressly be considered a lump-sum compensation payment or a limit on liability; the deposit serves to cover claims against the User for payment of fees, however, if the deposit should not prove to be enough to cover all claims against the User, the User is liable for the payment of the remaining claims not covered by the deposit. BKK Zrt. may apply all forms of proceedings for the enforcement of claims allowed by legislation in force in order to recoup fees owed to them arising from the User s activities but not covered by the deposit. Likewise, if it is for any reason - through no fault of BKK Zrt. - not possible to access the deposit, the User is required to repay the full amount of fees owed to BKK Zrt. VI.1.3 BKK Zrt. constantly tracks, in its own records, the amount and use of deposits provided by individual Clients. VI.1.4 The hold for the remainder of the sum of the deposit placed in the bank account linked to the bank card used for contracting at the time of the establishment of the casual User Contract shall be lifted at the end of the duration of the casual User Contract, by the bank card issuer who initially blocked the amount, within the timeframe specified by the given card-issuing company. VI.2 Duration of the Rental Contract VI.2.1 Both Rental Contracts established on the basis of extended and casual User Contracts are subject to the stipulations of points VI.2 and VI.3. The Rental Contract governs the legal relationship in the framework of which the Client (considered a User in the context of the establishment and fulfilment of Rental Contracts) may pick up individual bicycles from MOL Bubi docking stations and use them. VI.2.2 The Rental Contract - irrespective of whether it is entered into based on an extended or casual User Contract - is considered established and commences in all cases with the User s act of removing the rented bicycle from its docking position. This is also the point in time from which usage fees are calculated. VI.2.3 The maximum duration of the Rental Contract is 6 (six) hours; this is the maximal amount of time that the User may contractually keep the bicycle in their continuous possession. Latest at the end of the maximal validity of the pass, the User is required to return the bicycle to any of the MOL Bubi docking stations and secure it to a docking stand or extra stand. If the User does not find an available docking stand, they are authorised to secure the bicycle to the extra docking stand located next to the docking station. The Rental Contract is terminated and calculation of usage fees ceases when the bicycle is properly secured to the docking stand or the extra stand. If the User does not return the bicycle to a MOL Bubi docking station by the end of the maximum duration of the Rental Contract, BKK Zrt. or the Operator shall attempt to contact the User on the phone number or other electronic contact channel provided by that User. If the bicycle is not returned to one of the MOL Bubi docking stations within 12 (twelve) hours of the establishment of the Rental Contract, the bicycle is considered stolen, BKK Zrt. is authorised to take all available measures, and the User shall be liable to compensate for the costs incurred during the (initiation of the) search process. If the User Contract expires under the duration

11 GENERAL TERMS AND CONDITIONS 11 of the Rental Contract, no additional fees will be imposed in connection with the still binding Rental Contract. VI.2.4 The User is required to pay a usage fee for the use of MOL Bubi if the effective time of free usage, set out in the attachment of the Terms and Conditions, is exceeded. In the case of Rental Contracts established based on casual User Contracts, payment of the usage fee is deducted from the deposit, while in the case of Rental Contracts entered into on the basis of extended User Contracts, the balance of the user account linked to the MOL Bubi Card issued in connection with the extended User Contract is used for the payment of the usage fee. The User is required to ascertain the amount of funds remaining at their disposal to cover usage fees from the deposit or the current balance. VI.2.5 The effective amount of the usage fee and the method of fee calculation - in Hungarian Forints, gross (including value added tax) - is set out in the fare structure attachment of these Terms and Conditions. VI.2.6 In case the User fails to ascertain that the bicycle has been securely docked or fastened to the extra stand, the usage fees that may occur will not be reimbursed and the User shall be liable for the bicycle until the rental has been finished properly. Fastening the bicycle to a docking stand or extra stand at a station that has been officially communicated to be out of service shall not qualify as proper securing therefore BKK Zrt shall not be liable for the resulting damage. Neither shall BKK Zrt reimburse potentially arising usage fees. VI.3 The Subject of the Rental, Detailed Conditions of the Rental Contract VI.3.1 Based on the Rental Contract, BKK Zrt. allows the User access to one bicycle for the duration specified by the User in accordance with point VI.2 (the use of multiple bicycles happens on the basis of multiple Rental Contracts). BKK Zrt. takes all reasonable measures to ensure that the bicycle granted to the User is in proper working order and compliant with the stipulations of all effective traffic safety legislation. VI.3.2 BKK Zrt. ensures the preservation of bicycles in proper working order through the operation of MOL Bubi. Given, however, that MOL Bubi docking stations are not constantly supervised by employees and that operational personnel visit the docking stations according to a pre-determined schedule, it can occur that Users secure (return) to the MOL Bubi docking stations bicycles which have been damaged through use and are not in proper working order. Consequently, the responsibility to ascertain the suitability for proper use of the bicycle picked up is divided between BKK Zrt. and the User, in the following manner: BKK shall ensure the preservation of the bicycles in proper working order through the operation of MOL Bubi, while the User shall ascertain the suitability of the bicycle for proper use before taking it away from the docking station. VI.3.3 Prior to entering into a Rental Agreement, the User is obligated to ascertain that the bicycle to be picked up at the MOL Bubi docking station is suitable for proper use. If the bicycle is not suitable for proper use, the User is not authorised to take the bicycle away from the docking station or to use it. If the User notices the error after already having entered into a Rental Contract, the User is required to secure the bicycle back to the docking stand, and may decide to pick up a different bicycle. At the same time, the Client shall report the defect of the bicycle to the Customer Service of BKK Zrt by one of the options listed below: phone number indicated on the bicycle online on the MOL Bubi website mobile application BKK call centre in person at the BKK Customer Service Centre VI.3.4 If the User fails to ascertain whether the bicycle granted to them is suitable for proper use or notes the unsuitability of the bicycle for proper use but nonetheless takes it away from the MOL Bubi docking station and begins to use it, the User shall carry all the risk stemming from the unsuitability of the bicycle for proper use. The User shall be liable for all damage; this liability may not be transferred to BKK Zrt. or the Operator of MOL Bubi. This liability of the User is limited to defects which are clearly visible and the identification of which does not require any special technical knowledge. VI.3.5 If the rented bicycle becomes defective (unsuitable for proper use) during its use by the User, the User is required to take the bicycle back to the nearest docking station. If the bicycle is damaged to the point that further movement is not possible, the User is required to report this fact, along with their current location, on the phone number provided at the MOL Bubi docking stations and on the bicycles themselves. In these cases, the Operator removes the bicycle - the User is required to wait with the