TERMS AND CONDITIONS OF VEHICLE HIRE (CHAUFFEUR DRIVE)
1.1 In these Terms and Conditions the term or expression:- “Company” means C & P Rent-A-Car (Pte) Ltd of 41 PANDAN ROAD, SINGAPORE 609283 and where the context allows its employees, agents and sub-contractors:
“Contract(s)” shall include contracts entered into between the Company and the Customer for the hire or rental of a chauffeur-driven vehicle whether in the form of the Rental Agreement or as a result of a quotation being offered and accepted or otherwise and whether the contract has been made verbally or in writing.
“Customer” means the party to whom the quotation is addressed, the party who accepts or is deemed to have accepted the quotation, the party named in the Rental Agreement and includes unless the context otherwise requires, his principals, the passengers and the owner of the Property carried or to be carried in the Vehicle.
“Driver” means a duly licensed driver of the Vehicle who shall for the Period of Hire be deemed to be an agent of the Customer.
“Hire” means the sum or sums stated in the quotation or Rental Agreement as being payable by the Customer to the Company for the Customer’s use of the Vehicle during the Period of Hire.
“Period of Hire” means the period between the time the Vehicle arrives at the point of pick up to the time the Vehicle departs from the point of drop off as stated in the quotation or Rental Agreement.
“Property” includes all luggage, baggage, property, goods, effects, articles, matter or things belonging to or carried or bought abroad the Vehicle by, with or for the Customer; and
“Rental Agreement” means the written agreement in the prescribed form incorporating these Terms & Conditions entered into between the Company and Customer for the use, hire or rental of a chauffeur-driven vehicle.
“Vehicle” means the vehicle stated in the quotation. Rental Agreement or such vehicle used to carry the Customer.
1.2 References in these Terms and Conditions to any party shall include their respective heirs, successors in title, permitted assigns and personal representatives.
2.1 These Terms and Conditions apply to all services undertaken by the Company and to all contracts. Where any offer has been made for the provision of services whether by quotation or otherwise, it shall be deemed to have been accepted by the Customer upon the Customer making a reservation with or, placing a booking with or instructing the Company to perform any obligation or matter in connection with the services offered, or any passenger boarding the Vehicle of the loading of any Property either at the date or place of pick up stated in the quotation or Rental Agreement or the signing of the Rental Agreement, whichever is the earliest
3. COMPANY’S OBLIGATIONS
3.1 The Company shall make the Vehicle available to the Customer for the Period of Hire together with the services of a duly licensed driver.
3.2 The Company shall ensure that the Vehicle is duly licensed, insured and roadworthy and complies with the requirements of the Road Traffic Act or any statue, rules or regulations applicable in Singapore.
4. USE OF VEHICLE
4.1 The Customer shall not require the Company or the Driver to breach or use the Vehicle so as to breach any provision of the Road Traffic Act or any applicable statue, rules or regulations
4.2 Without prejudice to the generality of the foregoing, the Customer shall not:-
(a) submit to the Company, place on the Vehicle or require the Company to carry on or in the Vehicle any weapons, explosives, or anything, creature, plant or fruit which is or which contain properties which are unfit for carriage, improperly packed, dangerous, explosive, inflammable,
harmful, illegal, prohibited, verminous, infested, contaminated, condemned or offensive smelling;
(b) load the Vehicle beyond the number of passengers and amount of Property which it is legally permitted to carry;
(c) be entitled to carry on board the Vehicle, Property exceeding 20 kg in total per Customer;
(d) without prejudice to clause 4.2 (a) above, carry any animal on board the Vehicle without the prior written consent of the Company;
(e) smoke in the Vehicle;
(f) require the Company or Driver to do anything which is beyond the rights of the Company, Driver or the Customer.
4.3 The Company and the Driver are entitled without any liability whatsoever to the Customer, to refuse to carry, or remove from the Vehicle any passenger, animal, plant, fruit, thing, creature or Property which is or which contains properties which are dangerous, explosive, inflammable, harmful, illegal, prohibited, verminous, infested, contaminated, condemned or offensive smelling or which in the Company or the Driver’s sole discretion may consider to be a nuisance, or unfit to proceed or is likely to inconvenience or endanger health or safety, or likely to impair the reasonable comfort of any person or cause mischief or endanger or cause damage to the Vehicle, Property or any other property, public or private, movable or immovable or which may render the Company to be liable in any manner whatsoever to whomsoever or in breach of any applicable status, rules or law in force.
4.4 The Customer shall be responsible for the conduct of all persons, including but not limited to all children travelling on board the Vehicle and all Property and for any loss or damage caused by such persons or Property whether to the Company, Driver, Vehicle, Property, or any other person, vehicle or property whether public or private, moveable or immoveable, or otherwise.
5.1 The Company reserves the right to substitute another vehicle of the same or better-quality for the Vehicle stated in the quotation or Rental Agreement for any reason whatsoever without incurring any liability whatsoever to the Customer.
6. PAYMENT OF HIRE
6.1 Hire and any requested deposit must be paid by the date stated and payment in full must be made before the start of the Period of Hire unless any other terms have been confirmed by the Company. All payments of the Hire to the Company is to be made in full without any discount or deduction whatsoever and regardless of any claims, set-offs or counterclaims. In the event of failure by the Customer to make payment of the Hire on the due date, the Company shall be entitled to charge interest at the rate of 2% per month on the amount unpaid from the due date until payment in full is received.
6.2 All sums payable are exclusive of any Goods and Services Tax or other applicable tax, which shall, if applicable, be added to the sum in question.
7.1 In the event of cancellation of any booking or termination of the contract by the Customer prior to the commencement of the Period of Hire, the Company shall be entitled to impose a cancellation charge payable by the Customer of 50% of the Hire for cancellations received less than 3 days but more than 24 hours before the commencement of the Period of Hire, and 100% of the Hire for cancellations received less than 24 hours before the commencement of the Period of Hire.
7.2 The Company may at any time for any reason whatsoever, including but not limited to adverse weather or traffic conditions, unavailability of the Vehicle or a substitute, cancel any booking or the contract, without any liability whatsoever except to refund to the Customer any amount it has received in advance from the Customer in respect of Hire, provided, however, the termination was not caused by or in any way attributable to any breach by the Customer of any of the Terms and Conditions herein or any act, neglect or default on his part.
8. ROUTE AND TIME9. LIMITATION OF COMPANY’S LIABILITY
8.1 During the Period of Hire, the Company and/or Driver shall have the sole discretion of deciding on the route and any changes thereto.
8.2 The Company and Driver will endeavour but shall not be obliged to adhere to the dates and times of pick up and drop off stated in the quotation or Rental Agreement or otherwise agreed in writing. However, notwithstanding anything that may be provided to the contrary in the quotation. Rental Agreement or anywhere else in these Terms and Conditions, the Company does not guarantee the arrival of the Vehicle or the completion of any journey by or within any specific time or the actual time of the journey and will not be liable for loss, delay or inconvenience caused by any delay whatsoever and howsoever caused.
9.1 The Company shall not be responsible for any loss or damage or delay whatsoever occurring before or after the Period of Hire.
9.2 Without prejudice to the foregoing, the Company shall not in any case be liable for any loss, damage or delay of any kind whatsoever and howsoever arising attributable to any cause arising without the fault or privity of the Company or the Driver or without the fault or neglect of its servants or agents including but not limited to any of the following:
(a) act of God, including but not limited to storm, tempest or flood,
(b) fire, or breakdown in the Vehicle, machinery or equipment unless caused by the actual fault or privity of the Company,
(c) war, hostile military action, rebellion, riot, civil commotion or act of public enemies,
(d) acts or orders of any government, public or local authority,
(e) strikes, lockouts, stoppages or restraint of trade of labor from whatever cause, whether partial or general or other industrial action,
(f) quarantine restrictions,
(g) inherent liability to wastage in bulk or weight, latent defect or inherent defect, quality or vice or natural deterioration of the Property,
(h) act, neglect or omission of the Customer;
(i) compliance with instructions given by the Customer, or any person acting on his behalf,
(j) insufficient or improper packing or labeling or addressing of the Property
(k) handling, loading, stowage or unloading of the Property by the Customer, or any person acting on his behalf
(l) failure of the Customer or owner of the Property, to take delivery of the Property within a reasonable time;
(m) any circumstance which the Company could not avoid and the consequences of which it was unable to prevent by the exercise of reasonable diligence.
9.3 The Company shall not under any circumstances be liable for any pecuniary or consequential loss whatsoever whether in contract or in tort or otherwise whether or not arising from any breach on their part of these Terms and Conditions.
9.4 In no case whatsoever, whether for any neglect, default or any other matter or thing whatsoever or howsoever arising, notwithstanding that the cause of the loss or damage be unexplained, shall the Company’s liability for any loss or damage to or in respect of the Property or any part thereof in any event exceed:
(a) the value of the item lost, misdelivered, damaged or delayed, or
(b) the cost of repair, or
(c) $2.50 per kg of gross weight of the item affected, or
(d) the sum of S$25 per piece of baggage or in the case of unpacked items, per item of Property affected, or
(e) S$100 in respect of any one claim, Whichever is the least, unless the Customer has declared in writing in the Rental Agreement or in the quotation at the time of or prior to the contract being entered into, the nature and value of such Property and has received from the Company its acceptance in writing of the item in question and of the increased risk and agrees to pay a surcharge in addition to the Hire quoted
10.1 In the absence of written notice to the contrary given to the Company at the time of delivery to it, all Property and the packaging within which they are contained are warranted by the Customer to be fit to be carried and stored.
10.2 Any person, company or firm (hereinafter collectively referred to as “the Customer’s Agent”) dealing with the Company for or on behalf of any Customer hereby warrants and represents that he, she or it has the full and necessary authority to act for and on behalf of such Customer and in case any contracts are concluded, has given full notice of all the Terms and Conditions herein to the Customer prior to the conclusion of the contract and the Customer hereby warrants, represents and acknowledges that the Customer’s Agent is fully authorised in all respects to act for and on his or her behalf and that all the Terms and Conditions herein shall form part of any contract concluded by the Customer’s Agent for and on the Customer’s behalf.
10.3 The Customer’s Agent hereby agrees and undertakes to fully indemnify and hold the Company harmless against all or any loss, expenses, damages, claims and/or costs sustained or incurred by or made upon the Company whether directly or undirectly as a result of any breach by the Customer’s Agent of any of the matters provided in clause 10.2 above
10.4 Any Customer dealing with the Company for and on behalf of or for the benefit of another Customer or party, whether as a principal or an agent, hereby warrants and represents that he, she or it has notified such other Customer or party of the Terms and Conditions herein, their applicability and has taken all steps necessary to fully bind such other Customer or party to the Terms and Conditions herein.
11.1 The Customer shall save harmless and keep the Company fully indemnified from and against all duties, taxes, payments, fines, costs, expenses, losses, damages (including physical damage) claims, liabilities and demands of whatsoever nature and by whomsoever made and howsoever arising, from negligence or otherwise of the Company, its servants, or agents, suffered or incurred by or made upon the Company directly or indirectly from or in connection with the contract evidenced by the Terms and Conditions herein of the performance of any obligations thereunder by the Company, including any liability to indemnity any other person against claims made against such person by the Customer.
11.2 The Customer shall be responsible for and shall indemnify the Company against all payments, fines, costs, expenses, losses, damages, claims, liabilities and demands of whatsoever nature sustained or incurred by or made upon the Company arising from the breach by the Customer of any of the Terms and Conditions and or the Customer’s duties warranties and/or obligations herein and or any want of authority including loss and damage sustained by the Company to its own property and injuries or loss sustained by servants, agents and sub-contractors of the Company.
12. LIMITATION AND NOTICE OF CLAIM
12.1 The Company shall in any event be discharged from all liability whatsoever in respect of the Customer or the Property unless suit is brought within nine (9) months from the date the Vehicle depart or should have departed from the drop off point.
12.2 Any claim for loss of life or injury shall be notified to the Company in writing within three (3) days from the date when the loss of life or injury occurred.
12.3 Any claim for loss of or damage to the Property shall be notified to the Company immediately in writing. Unless notice of loss of or damage to the Property, whether apparent or not, is given in writing together with particulars of all insurance cover to the Company within three (3) days after it has been removed from the Vehicle, removal of the Property from the Vehicle shall, regardless of whether the loss or damage is apparent or not apparent, be prima facie evidence of the delivery by the Company of the Property in good order and condition and the Company and the Driver shall be under no liability whatsoever for any loss or damage to the same.
12.4 When the Customer reports any loss or damage, the Company shall be given the opportunity of inspection to ascertain the nature and extent of the loss or damage.
12.5 Written notice required under these Terms and Conditions shall be given to the Company at 41 Pandan Road, Singapore 609283.
12.6 The Customer shall throughout the Period of Hire at its his own expense insure itself or himself and all Property against all loss and damage arising out of or in connection with the use of the Vehicle. Further, the Customer shall comply with and assist the Company in its compliance with the terms and conditions of any insurance policy taken out by the Company in respect of its services, the Vehicle, the use or hire thereof, any contract and or the performance thereof
13.1 The Company may engage agents and/or sub-contractors to perform all or any part of the services to be provided to the Customer. It is hereby expressly agreed that no servant or agent or sub-contractor of the Company shall in any circumstances whatsoever be under any liability whatsoever to the Customer, or any person travelling on board the Vehicle, or any owner of the Property for any loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect or default on his part while acting in the course of or in connection with his employment and, without prejudice to the generally of the foregoing provision of this clause, every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defense and immunity of whatsoever nature applicable to the Company or to which the Company is entitled hereunder shall also be available and shall extend to protect every such servant or agent or sub-contractor of the Company acting as aforesaid and for the purpose of all the foregoing provisions of this clause, the Company is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be his servants or agents or sub-contractors and all such persons shall to this extend be or be deemed to be parties to the contract contained in or evidence by these Terms and Conditions.
13.2 If the Property or any par thereof is not the Customer’s own unencumbered property, he shall be deemed for the purposes of the contract and these Terms and Conditions to be the agent of such owner or other interested party and warrants that he has the authority of all persons owning or having an interest in the Property or any part thereof to enter into this contract and bind them as well as himself to these Terms and Conditions.
13.3 In entering into any contract with the Company the Customer agrees that he does not contract or deal as a consumer notwithstanding any statutory or other definition of whatsoever nature to the contrary.
14 JURISDICTION AND GOVERNING LAW
14.1 These Terms and Conditions shall be governed by and construed in accordance with Singapore law. The Customer and the Company agree to submit to the exclusive jurisdiction of the Singapore Courts in relation to any disputes, claims or matters arising under the contract evidenced by the Terms and Conditions herein.
15.1 Nothing contained in these Terms and Conditions shall prevent the Company from claiming in the courts of any country the benefit of or derogate in
a) any way from any statutory protection or limitation of liability given to the Company by the laws of such country or by the law governing these Terms and Conditions.
b) Each article, sub-article, clause and sub-clause contained in these Terms and Conditions shall be severable and should any article, sub-article, clause or sub-clause be held invalid, void or unenforceable, the remaining provisions shall nevertheless have full force and effect
c) Nothing contained in these Terms and Conditions shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application of any laws, legislations, rule or regulations the effect of which cannot be excluded, restricted or modified.