TERMS AND CONDITIONS OF VEHICLE HIRE (SELF DRIVE)
AN AGREEMENT made Between C&P RENT-A-CAR (PTE) LTD, a company incorporated in the Republic of Singapore and having its registered office at 41 Pandan Road, Singapore 609283 (hereinafter called the Owner) of the first part And the Hirer named on the reverse side of this Agreement (hereinafter called the Hirer) of the other part.
WHEREBY IT IS AGREED as follows : -
1.1 The Owner will let and the Hirer will from the Owner the motor vehicle specified on the reverse side of this Agreement and its accessories described in the Schedule hereto (hereinafter the motor vehicle and its accessories shall be called 'the Vehicle') upon the terms and conditions set out on both sides of this Agreement.
1.2 The Vehicle shall at all times remain the property of the Owner and the Hirer shall have no rights to the Vehicle other than as hirer and the Hirer shall not do or permit or cause to be done any matter or thing whereby the rights of the Owner in respect of the Vehicle and or may be prejudicially affected.
1.3 The Hirer shall not be the Owner's servant and/or agent for any purpose whatsoever. The hiring of the Vehicle will commence on the date specified and continue for the period specified on the reverse side of this Agreement or until terminated pursuant to the terms herein (hereinafter called the 'period of hire').
2 The Hirer shall during the continuance of this Agreement : -
(a) ensure that the Vehicle is only used, operated or driven properly and safely by him and/or the person(s) specifically named and authorised by the Owner on the reverse side hereof ('the authorised driver') provided that he and/or such person(s) hold valid and current driving licences, are above 21 years of age but under 60 years of age and have not given false particulars to the Owner.
(b) pay for all petrol charges for the proper running of the Vehicle;
(c) not take or allow the Vehicle to be taken out of Singapore without receiving the prior written consent of the Owner;
(d) not sell, assign, mortgage, let on hire or otherwise dispose or part with possession of the Vehicle or part thereof;
(e) not leave the Vehicle unattended while it is unlocked or while the key is inside the Vehicle;
(f) notify the Owner immediately upon losing possession or control of the Vehicle and take all necessary steps at his own expense to retain and recover possession of the Vehicle;
(g) permit the Owner or its authorised representatives at all reasonable times to enter upon the premises where the Vehicle may from time to time to be parked to inspect and test the condition of the Vehicle;
(h) notify the Owner at any change of his address and upon request by the Owner promptly inform the Owner of the whereabouts of the Vehicle;
(i) at his own cost maintain the Vehicle in its condition as at the time of commencement of hire including but not limited to regularly checking and adjusting as necessary the radiator battery and engine fluid levels and regularly cleaning the exterior, interior and upholstery of the Vehicle;
(j) not use or permit the Vehicle to be used or operated in a manner contrary to any statutory provision or regulation or in any way contrary to law;
(k) not effect any mechanical or other modification to the Vehicle or make any alteration or additions to the Vehicle without the prior written consent of the Owner;
(l) not remove or interfere with any identification marks or plates affixed to the Vehicle nor attempt or purport to do so nor permit the same;
(m) not deface the paintwork or bodywork of the Vehicle nor add or erect any painting, sign-writing, lettering or advertising to or on the Vehicle;
(n) not use or permit the Vehicle to be used for hire or reward, driving tuition, towing, racing or pace making, or for competing in any rally or any other form of motor sport, or for off-road use (applicable also to 4 wheel driven vehicles), or for any illegal purpose whatsoever, or to propel, push or tow any vehicle or trailer;
(o) not use or permit the Vehicle to be used or operated in a dangerous or reckless manner;
(p) not use or permit the Vehicle to be used while he or the authorised driver is under the influence of alcohol, intoxicants, drugs, narcotics, prescription medication impairing his ability to operate the Vehicle or while either or any of them is in a physical or mental condition which impairs his ability to properly and safely drive the Vehicle or if the speedometer of the Vehicle has been tampered with or disconnected;
(q) not use or permit the Vehicle to be used for transportation of animals without the prior written consent of the Owner, or transportation of anything, creature, plant, or fruit which is or which contains properties which are unfit for carriage or which are improperly packed, inflammable, harmful, illegal, verminous, infested, contaminated, condemned or offensive smelling;
(r) not leave the Vehicle with any carpark valet or car jockey and in the event of an accident, the Hirer agrees that the carpark valet or car jockey was driving the Vehicle as his servant and/or agent; and
(s) pay such charges as may be imposed by any authority relating to or arising from the use of the Vehicle and pay such fines penalties and summons arising from any non compliance or contravention of any transport, traffic or other law or regulation during the period of hire.
3.1 The Hirer shall pay the Owner the full hire charges specified on the reverse side hereof immediately upon the signing of this Agreement; and no part of such charges shall be refundable to the Hirer for any reason whatsoever unless the Owner in its absolute discretion decides to do so. In the event the Hirer take the Vehicle for a period shorter than the period of hire shall pay the Owner such hire charges based on the daily or weekly rates, whichever is applicable, specified on the reverse side hereof.
3.2 In addition, the Hirer shall pay the Owner a deposit in the sum specified on the reverse side hereof which deposit may be used by the Owner without prejudice to its rights contained herein towards discharging or satisfying wholly or in part any payment due from the Hire to the Owner or any of the Hirer's obligations or liabilities contained herein.
3.3 All charges and amounts due hereunder which are not paid when due shall bear interest at 2% per month until they are paid.
4. Without prejudice to clause 5, upon the termination of the period of hire, the Hirer shall return the Vehicle to the Owner in the same condition as at the commencement of hire, ordinary wear and tear excepted, to the place specified by the Owner; and in the event the Hirer fails to do so, he shall pay the Owner from the due expiration of the period of hire and until such time as the Vehicle shall have been returned by way of recompense for the continued use of the Vehicle the prevailing rate of hire charges of the Owner provided always that if the Vehicle shall be returned after the Owner's normal business hours, the Vehicle shall be deemed to have been returned to the Owner at the start of the following business day of the Owner. This clause shall not confer upon the Hirer any right to the continued use or possession of the Vehicle.
5. On termination of the hire howsoever or whenever occasioned or on expiry of the period of hire, the Hirer shall no longer be in possession of the Vehicle with the Owner's consent and shall return the Vehicle to the Owner in the same condition as at the commencement of the hire and at his expense. Without prejudice to the Owner's claim for any arrears in hire charges or damages for breach by the Hirer of this Agreement or any other rights hereunder, the Owner or its authorised representatives shall have the right at any time during or after the termination or expiry of the period of hire at its absolute discretion and without notice and without giving to the Hirer any reason for so doing repossess the Vehicle and for such purpose enter upon any premises or building where the Vehicle may for the time being be housed and to break open by force if necessary any such premises or building and the Hirer agrees to indemnify the Owner or its agents against any loss charges expenses or damage suffered by them or any of them whilst exercising or attempting to exercise the rights conferred by this clause and in preserving and restoring the Vehicle thereafter. The Hirer shall also on a full indemnity basis bear the costs charges and expenses incurred by the Owner in ascertaining the whereabouts of the Vehicle and/or the Hirer. On the Owner repossessing the Vehicle, this Agreement shall be deemed to be terminated.
6.1 The Hirer shall be solely responsible for and hold the Owner fully indemnified against all claims demands liabilities losses damages proceedings costs and expenses suffered or incurred by the Owner as a result of any failure to comply or branch of any provision in this Agreement.
6.2 Without prejudice to the generality of sub-clause 6.1 above, the Hirer shall indemnify the Owner against all fines penalties and liabilities imposed on the Owner or arising in respect of any non compliance or contravention of any transport, traffic or other law or regulation, together with the cost and expense including but without limitation costs on a full indemnity basis relating thereto incurred by the Owner.
6.3 The Hirer shall bear the cost of the repair or rectification of any damage howsoever caused to the Vehicle whilst it is in the possession of the Hirer or the authorised driver. If the Vehicle so damaged is deemed by the Owner to be a total loss, the Hirer shall pay the Owner the cost of obtaining a replacement for the Vehicle and shall also compensate the Owner for the loss of use of such Vehicle for the period required to obtain a replacement. If the Vehicle so damaged is not deemed a total loss, the Hirer shall also compensate the Owner for the loss of use of the Vehicle during the period of reinstatement or repair. In either situation, the Hirer shall also compensate the Owner all towing, storage and administrative charges.
6.4 If the Vehicle is stolen or otherwise lost whilst it is in the possession of the Hirer or the authorised driver, the Hirer shall recompense the Owner the cost of obtaining a replacement vehicle and for loss of use for the period required to obtain a replacement.
6.5 It is hereby agreed that the loss of use referred to in this clause 6 shall be computed based on the Owner's prevailing hire charges.
6.6 Notwithstanding anything to the contrary in this Agreement, the Hirer may by purchasing any of the Owner's Collision Damage Waiver ('CDW') packages limit his liability to the amount specified on the reverse side of this Agreement for any damage to the Vehicle arising from a collision in respect of each accident provided always the aforesaid limitation of liability shall not apply in respect of any damage to the Vehicle's undercarriage, or any losses or damage not caused by a collision, or any damage caused by sandblasting or any loss or damage by any deliberate or reckless act or omission; and provided further always the aforesaid limitation of liability shall not apply if the Hirer and/or the person(s) specifically named and authorised by the Owner on the reverse side hereof fail to comply with or commit a breach of any provision of this Agreement.
7.1 The Hirer acknowledges that he is familiar with the general conditions of the Owner's standard policy of insurance which is available for inspection at the Owner's office (during normal office hours). The Hirer hereby undertakes to do everything necessary to maintain the said policies in full effect and not to do anything whereby the said policies may or will be vitiated. The Hirer shall indemnify and hold the Owner indemnified from and against all losses, claims, actions, costs and expenses should such policies be vitiated as a result of the Hirer's act or omissions.
7.2 Where the Vehicle is involved in an accident resulting in injury to persons or damage to property or the Vehicle, the Hirer shall immediately and in any event within twenty-four (24) hours notify the Owner and the police or other relevant authorities in writing of the accident and shall also notify the Owner in respect of any claim arising thereafter from the accident. No admission compromise offer payment or indemnity shall be made by the Hirer without the Owner's consent in writing. The Hirer shall render such information and assistance in connection with the accident as the Owner or its insurers may require.
7.3 The Hirer agrees that in the event of any claim being made against the insurers, the Owner may at its absolute discretion conduct any negotiations or effect any settlement with the insurers and the Hirer agrees to be bound by any settlement or arrangement agreed between the insurers and the Owner. Any money payable by the insurers shall be paid to the Owner or as the Owner shall direct.
7.4 The Hirer shall not without the prior written consent of the Owner give any instructions for any repairs to or for the replacement of any part of the Vehicle rendered necessary by any accident nor permit the Vehicle to be repaired at workshops other than workshops authorised by the Owner.
8. The Vehicle is NOT covered by a motor insurance policy covering personal accident insurance for the Hirer, his passengers or authorised driver and the Owner shall not be responsible for any liability, claims and injuries or otherwise in connection with any accident death or other losses arising from the use of the Vehicle. The Owner may at the request of the Hirer and upon payment of the requisite charges arrange for separate personal accident coverage for bodily injury or death.
9. If for any reason the Vehicle described in this Agreement or any other motor vehicle ordered by the Hirer prior to the commencement of the period of hire is not available at the time of such commencement, the Owner reserves the right to replace the vehicle with an alternative motor vehicle of similar seating capacity and performance and if no such alternative vehicle is available or if the Owner shall decline to provide an alternative vehicle then the Hirer shall be refunded the hire charge and deposit (if any) without interest and shall have no further claims whatsoever against the Owner.
10.1 The Hirer hereby agrees that the Owner shall not be liable howsoever whatsoever for loss or damage to any property left, stored or transported by the Hirer, authorised driver or any other person, in or upon any premises of the Owner or in the Vehicle, or any of its rental vehicles, either before or after the return of the Vehicle to the Owner, whether or not the said loss or damage was caused by or related to negligence of the Owner, its servants agents or employees. The Hirer assumes all risk of such loss or damage and shall indemnify the Owner against any claim for such loss or damage.
10.2 The Hirer hereby agrees that the Owner does not hire the Vehicle subject to any condition, warranty express or implied in connection with the fitness for any purpose or age of the Vehicle and any condition and warranties are hereby expressly excluded and the Owner shall not be responsible for any liability, claim, loss, damage or express of any kind or nature caused directly or indirectly by the Vehicle or its use.
11. The Hirer shall pay the cost of petrol during the period of hire PROVIDED ALWAYS that if the Hirer takes delivery of the Vehicle with a full tank of petrol (or at a fuel level agreed by both parties) he shall return it likewise, failing which the Owner shall be entitled to refill the tank and the costs thereof (fuel, plus labour costs applicable) shall be recovered from the Hirer.
12. Neither of the parties hereto shall be liable for the suspension or termination of or the failure to perform its obligations under this Agreement in the event of wars, strikes, riots, lock out, Acts of God, civil commotion, labour unrest, fire, explosion and other perils whatsoever, or matters beyond the control of the Owner.
13.1 If the Hirer shall fail to pay any sum payable under this Agreement or shall commit a breach of or fail to comply with any of the terms of this Agreement or shall do or allow to be done any act or thing which in the opinion of the Owner may jeopardize the Owner's rights in the Vehicle, then in each and every case the Hirer shall be deemed to have repudiated this Agreement and the Owner may thereupon or at any time within the period of hire by notice in writing to the Hirer for all purposes forthwith terminate the hire constituted by this Agreement.
13.2 The Hirer shall upon any termination under clause 13.1 above pay to the Owner:
(a) all arrears of rental then due and all other sums accrued due and unpaid at the date of termination together with interest at 2% per month;
(b) the cost of all repairs and rectification required as at the date of termination and loss of use for the period of repair or rectification;
(c) compensation for the loss suffered by the Owner as a result of such termination; and
(d) any other sums which are or become due to the Owner or to which the Owner is entitled by way of damages.
13.3 The termination of the hire shall not affect the rights of the Owner or liabilities of the Hirer subsisting at the date of termination.
14. This Agreement as set out on both sides hereof constitutes the entire agreement between the Owner and the Hirer and there are no other representations, promises, conditions, warranties or guarantees other than those set out in this Agreement. No condition or provision of the Agreement may be changed or any rights of the Owner waived unless it is done in writing and signed by the Owner. If any provision of this Agreement is determined to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
15. This Agreement shall be governed by and constructed in accordance with the laws of the Republic of Singapore and the parties agree to submit to the jurisdiction of the Courts of the Republic of Singapore.