1. PLATFORM TERMS & CONDITIONS

1.1

The terms and conditions set out below contain the entire agreement between Eurokars Leasing Pte Ltd (Company Registration No.: 199200636C), a company incorporated in Singapore and having its registered office at 11 Kung Chung Road, Alexandra Industrial Estate, Singapore 159147 (“Owner”) of the one part, and the customer whose particulars appear in the Platform (as defined below) (“Hirer”, which expression shall where the context so admits includes the Hirer’s successors-in-title and permitted assigns) of the second part, for the hire of the vehicle as selected by the Hirer on the Platform (the “Vehicle”), on these terms and conditions (“Agreement”). The Owner and the Hirer shall collectively be referred to as the “Parties”.

1.2

In addition to the Hirer, the Vehicle may be driven by such authorised driver whose particulars are added on the Platform by the Hirer or as may be agreed in writing by the Owner (“Driver”). The Hirer shall ensure that the Driver (if any) complies with the terms of this Agreement as if the Driver was a party to this Agreement as a Hirer. The Hirer agrees to be responsible to the Owner for any breach of the terms of this Agreement by the Driver and hereby indemnifies the Owner and its related corporations against any allegations, claims, actions, suits, demands, penalties, sanctions, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation legal costs), whether direct or consequential, arising out of or in connection with the Driver.

2. PLATFORM USAGE AND RESPONSIBILITIES

2.1

In order to use the Owner’s online booking platform (the “Platform”), the Hirer must sign up to the Platform by creating an account on the Platform.

2.2

If the Hirer is using/signing up for the Platform or using the Vehicle on behalf of a corporate entity, the Hirer hereby represents and warrants that it has valid authority to represent and bind the aforementioned corporate entity to the terms of this Agreement. The Hirer must immediately provide the Owner with written proof of such authority upon the Owner’s request. A breach of this Clause 2.2 constitutes a material breach of this Agreement, and the Owner may immediately terminate this Agreement without notice or any liability to the Owner.

2.3

The Hirer must provide accurate, current, and complete information as required by the Owner and undertakes to maintain and update its information in a timely manner to keep it accurate, current, and complete at all times. The Hirer agrees that the Owner may rely on such information as accurate, current, and complete. The Hirer acknowledges that if such information is untrue, inaccurate, not current, or incomplete in any respect, the Owner has the right to terminate this Agreement at any time without notice or any liability to the Owner.

2.4

In order to use the Platform, the Hirer shall link a valid credit card or debit card to its Hirer account (the “Credit Card”) and ensure that the card remains valid and acceptable. If the Credit Card expires, is lost or stolen or is otherwise invalidated, or if the Hirer is not authorised to use the Credit Card that has been linked to the account, or if the account associated with the Credit Card is suspended, terminated or otherwise not available for the Owner to charge, the Hirer agrees to promptly provide an alternative valid credit card or debit card. The Hirer is permitted to link more than one Credit Card to the account. There must be a minimum of one Credit Card maintained in each Hirer account for as long as the account is active. In the event that the Credit Card linked is not in the Hirer’s name, the Hirer hereby represents and warrants that it has the requisite authority from the named cardholder to use the Credit Card.

2.5

The Hirer authorises the Owner to charge the Credit Card for all the Total Price (as set out and defined on the Platform) and any other payments due and payable by the Hirer to the Owner under this Agreement, including but not limited to those set out in Clause 4.

2.6

The Owner may make any inquiries it considers necessary (including requesting a consumer report on any Hirer from consumer reporting agencies) in connection with any Booking (as defined on the Platform) and for any other lawful purpose (including credit card validations, creditworthiness checks with credit bureaus, credit holds and collections on the Hirers account).

2.7

The Hirer is wholly responsible for the security of his account on the Platform. The Hirer must exercise all necessary care to protect their account against any unauthorised access or usage. If the Owner suffers a loss due to the Hirer’s action or inaction to guard the use of his account by unauthorised users, the Hirer shall be wholly responsible for the losses suffered by the Owner. If a Hirer suspects his account is compromised, he must inform the Owner immediately in writing. Such notification does not absolve the Hirer’s responsibility for any and all losses of the Owner.

2.8

At the absolute discretion of the Owner, the Owner may bar access to the Platform and/or the Hirer’s use of the Vehicle for any reason whatsoever, including a breach of any of the terms of this Agreement.

3. BOOKING

3.1

A Hirer may make a Booking up to four (4) months prior to the start date set out on the Platform (the “Start Date”). The total rental period (“Rental Period”) shall start on the Start Date and end on the end date set out on the Platform (the “End Date”).

3.2

The minimum and maximum rental period per Booking is one (1) day and sixty (60) days respectively, and the commencement time of the Rental Period (“Start Time”) and end time of the Rental Period (“End Time”) shall fall within the Owner’s normal operating hours (which may be decided at the Owner’s sole discretion).

3.3

During the Rental Period, the Hirer may log in to opt to extend the Rental Period. Any extension of the Rental Period shall be subject to the Vehicle’s availability and full payment of the extension fees, which will be based on the vehicle’s hourly rental rate (as set out on the Platform at the time of the extension). Such extension fees shall be charged by the hour and not part thereof. The Owner shall have full and final discretion on whether to accept any extension of the Rental Period.

3.4

Any extension of the Rental Period must be completed two (2) hours prior to the End Time. If the extension of the Rental Period is not completed two (2) hours prior to the End Time, the Hirer will not be allowed to extend the Rental Period.

3.5

If a collection service is provided by the Owner or requested by the Hirer, the Hirer must instead complete any extension of the Rental Period twenty-four (24) hours prior to the End Time. If the extension of the Rental Period is not completed twenty-four (24) hours prior to the End Time, the Hirer will not be allowed to extend the Rental Period.

3.6

Hirers may only extend the Rental Period such that the total maximum number of days of the Rental Period and extension is sixty (60) days.

3.7

Barring any successful extension of the Rental Period prior to the End Time, a thirty (30) minute grace period after the End Time will be accorded for the return of the Vehicle. In the event that the Vehicle is not returned after the expiry of such grace period, it will be deemed a late return of the Vehicle by the Hirer. In such circumstances, the Hirer will be liable to pay further fees for the use of the Vehicle as set out in the table at Clause 4.7 below and a fifty dollar (S$50.00) administrative fee.

3.8

The Owner reserves the right to assign any vehicle, in accordance with stock availability, as a replacement if the Vehicle becomes unavailable, damaged or breaks down before or during the Rental Period.

3.9

A Booking can be cancelled at any time after a Booking is confirmed, subject to the payment of cancellation charges by the Hirer as set out at Clause 4.6.

3.10

The Owner reserves the right to take proportionate and reasonable action, including the imposition of a platform fee, temporary restriction of the Hirer’s access to future bookings, or suspension of the Hirer’s access to the booking platform, in the event of any booking abuse.

For the purposes of this Clause, “booking abuse” shall mean any of the following:

(a) More than three (3) cancellations by the Hirer within any thirty (30) day period.

(b) Any other repeated behavior that results in demonstrable transaction costs or disrupts the operational processes of the Owner, provided such behavior is documented and communicated to the Hirer.

If booking abuse is detected, the Owner shall notify the Hirer in writing and provide details of the issue, together with the intended remedial measure(s), which may include a platform fee equivalent to the actual transaction and administrative cost incurred per affected booking, up to a maximum of ten dollars (S$10.00) per instance.

The Hirer shall have the right to submit a written response or appeal within three (3) business days from the date of notification and the Owner shall, in good faith, review the Hirer’s response and provide a written decision.

Nothing in this Clause shall prevent the Owner from taking immediate steps to temporarily restrict access where necessary to prevent further abuse, provided that the Hirer is notified promptly.

3.11

The Owner reserves the right not to honour Bookings or rates that are displayed in error.

4. RENTAL CHARGES, OTHER PAYMENTS AND REFUNDS

4.1

All rates on the Platform or in relation to this Agreement are quoted in Singapore dollars.

4.2

The Hirer shall punctually pay without demand the Total Price and any additional charges (if any) in advance via the Credit Card at the point of making a Booking.

4.3

The Parties acknowledge and agree that the Total Price includes, with respect to the Vehicle:

(a) road tax;
(b) the motor insurance coverage taken out by the Owner in respect of the Vehicle (“Commercial Insurance Coverage”);
(c) add -ons opted by the Hirer during the booking process, subject to availability and specific terms. These add-ons are rented for convenience and must be returned in good condition. The available add-ons include, but are not limited to, the following:
- (i) Cross Border Surcharge (Malaysia) – A daily surcharge applicable when the vehicle is driven into Malaysia.
- (ii) Touch ‘n Go Card – A preloaded toll card provided for use at Malaysian checkpoints and selected car parks. The Hirer is responsible for all top-ups beyond the provided balance. Lost, stolen, or damaged cards will not be refunded.
- (iii) NETS FlashPay Card – A preloaded card for payment of ERP, checkpoint tolls, and car park charges. The Hirer is responsible for ensuring sufficient balance for use. Any loss, damage, or misuse of the card will not be refunded.
- (iv) Eurokars Leasing Exclusive Car Spray (100ml) – A non-refundable purchase of our exclusive car spray. No exchanges or returns are allowed after purchase.
- (v) Infant & Child Safety Seat (0-25kg) – A child safety seat provided for rental, suitable for infants and children up to 7 years old.
- (vi) Child Booster Seat (22-36kg) – A booster seat provided for rental, suitable for children aged 7-11 years old.
- (vii) Plus Protection – Plus Protection is an optional add-on that reduces the standard Vehicle Damage Excess payable by the Hirer in the event of accidental damage to, or theft of, the Vehicle. Plus Protection is only applicable where the Hirer is not classified as a Young, Elderly, or Inexperienced Driver (“YEID”) under Clause 10.3, and where the Hirer has not breached any terms of this Agreement. For the avoidance of doubt, Plus Protection does not apply to the Windscreen Damage Excess, Additional Loading Damage Excess, Cross Border Damage Excess, or to any third-party property damage or personal injury claims.
- (viii) delivery or pickup service charges.

4.4

The Parties further acknowledge and agree that, unless specified otherwise, the Total Price excludes the following (all of which shall be the sole responsibility of the Hirer):

(a) the excess payment required under the Commercial Insurance Coverage in respect of the Vehicle in the event of an accident, and any damage, repair or liability that is not covered by such Commercial Insurance Coverage which include, but are not limited to;
- (i) Vehicle Damage Excess – In the event of any accident, collision, or damage to the vehicle (including theft or attempted theft), the Hirer will be liable for the stated excess amount per incident.
  (ii) Windscreen Damage Excess – The Hirer will be liable for the stated excess amount per incident for any damage to the windscreen, windows, or sunroof of the vehicle.
  (iii) Additional Loading Damage Excess – If the Hirer falls under the YEID category as set out in Clause 10.3, an additional excess will apply in the event of any accident or damage to the vehicle. This is charged in addition to the standard Vehicle Damage Excess.
  (iv) Cross Border Damage Excess – If the vehicle is driven into Malaysia, the stated additional excess will apply in the event of any accident, collision, or damage to the vehicle. This charge is in addition to the standard Vehicle Damage Excess.
(b) costs incurred in operating and using the Vehicle;
(c) fuel costs;
(d) parking charges, parking and traffic fines, electronic road pricing charges, toll fees and taxes, levies, fees and imposts imposed by any authority relating to the Vehicle or arising from the use of the Vehicle (including the non-payment or late payment thereof). In the event that the Owner is required to pay any amounts pursuant to this Clause 4.4(d), the Hirer shall fully reimburse the Owner for these amounts;
(d) parking charges, parking and traffic fines, electronic road pricing charges, toll fees and taxes, levies, fees and imposts imposed by any authority relating to the Vehicle or arising from the use of the Vehicle (including the non-payment or late payment thereof). In the event that the Owner is required to pay any amounts pursuant to this Clause 4.4(d), the Hirer shall fully reimburse the Owner for these amounts;
(e) costs of rectifying any damage to the Vehicle arising in the course of the Hirer’s operation, custody, control or possession of the Vehicle, including any damages pursuant to a breach of Clause 6.1;
(f) The Owner’s recovery costs for any vehicle that is impounded, towed, and/or disabled through wheel clamp or any other means during the Rental Period, for which the Hirer shall reimburse the Owner; and
(g) administrative fees (which may be imposed by the Owner at its sole discretion).

4.5

The Hirer shall ensure that the Vehicle is returned to the Owner with its battery kept at a battery level of at least fifty percent (50%) of range or the fuel topped up to the same amount as when the Vehicle was handed over to the Hirer (as the case may be) as at the Start Time. In the event that the Hirer does not comply with this Clause 4.5, the Owner shall be entitled to charge an administrative fee (as set out at Clause 4.7 below) to refuel the Vehicle. In the event that the Hirer opts for vehicle delivery or collection services offered by the Owner, the Hirer shall bear the cost of any parking fees, additional waiting time and fuel consumed by the Owner in the course of providing such delivery or collection services.

4.6

In the event that a Booking is cancelled by the Hirer prior to the Start Time or during the Rental Period, the Owner may at its sole discretion refund to the Hirer any sums as follows:

Before the start time	Refund
48 Hours or More	100% of Booking
24 to 48 Hours	50% of Booking
24 Hours or Less	No Refund

4.7

Should the following events occur during the Rental Period, the Hirer shall pay to the Owner the following charges:

Event	Charges
Upon the Vehicle’s return, the fuel tank was not filled to original level as at Start Time	Cost plus S$50 administrative fee
Parking charges, parking and traffic fines, electronic road pricing charges, toll fees and taxes, levies, fees etc. Cost plus S$50 administrative fee	Cost plus S$50 administrative fee
Vehicle that is impounded, towed, and/or disabled through wheel clamp or any other means	Cost of recovery plus S$1,000 administrative fee
Smoking, cigarette smell and/or ashes found in the Vehicle	S$300 cleaning fee
Pet-related mess such as fur, stains, and/or odours found in the Vehicle	S$300 cleaning fee
Excessive dirt in the Vehicle and/or stubborn marks in/on the vehicle	S$300 cleaning fee
Late return of the Vehicle (subject to the grace period as set out at Clause 3.7)	Additional Vehicle hourly rental (of ¼ of the daily rental rate of the Vehicle) up to the point of the Vehicle’s return plus S$50 administrative fee
Loss of items e.g. car keys, breakdown kit, SD card, etc	Cost for replacement items

4.8

The Hirer shall be liable for any damages to the Vehicle beyond reasonable wear and tear, as assessed by the Owner at its sole discretion. A damage matrix table is set out below for the Hirer’s reference, providing indicative charges for specific types of damages. Notwithstanding the table, the Owner reserves the right to impose charges that may vary from the amounts specified, depending on the nature, extent, and circumstances of the damage. The amounts charged may be higher or lower than those listed in the table, and the Owner’s assessment and determination of such charges shall be final and binding:

Damage Repair Cost Table		Mass			Premium			Sports
Area (Per Panel)	Description of Damage	Compact	Medium	Large	Compact	Medium	Large	2-door	Others
Wheel Arches, Side Mirrors, Door Handles	Scratch (Less than 50mm)	$250	$300	$350	$250	$300	$350	$250	$350
	Graze	$300	$350	$400	$300	$350	$400	$300	$400
	Crack / Dislodged / Replacement	$750	$850	$950	$750	$850	$950	$750	$950
Bumpers, Rear Boot, Lid, Doors, Fenders, Side Skirt, Front Grilles	Scratch (Less than 100mm)	$350	$400	$450	$450	$500	$550	$550	$650
	Dent (Less than 50mm)	$300	$350	$400	$400	$450	$500	$500	$600
	Graze (Scratch and Dent)	$600	$700	$800	$800	$900	$1,000	$1,000	$1,200
	Crack / Dislodged / Replacement	$1,250	$1,450	$1,650	$1,650	$1,850	$2,050	$2,050	$2,450
Roof, Bonnet, Rocker	Scratch (Less than 100mm)	$450	$500	$550	$550	$600	$650	$650	$750
	Dent (Less than 50mm)	$400	$450	$500	$500	$550	$600	$600	$700
	Graze (Scratch and Dent)	$800	$900	$1,000	$1,000	$1,100	$1,200	$1,200	$1,400
	Crack / Dislodged / Replacement	$1,650	$1,850	$2,050	$2,050	$2,250	$2,450	$2,450	$2,850
Wheel Rim (Single tone)	Scratch (Less than 50mm)	$200	$200	$200	$200	$200	$200	$200	$200
	Graze	$250	$250	$250	$250	$250	$250	$250	$250
	Crack / Dislodged / Replacement	To request for quotation
Wheel Rim (Two-tone)	Scratch (Less than 50mm)	$250	$250	$250	$250	$250	$250	$250	$250
	Graze	$300	$300	$300	$300	$300	$300	$300	$300
	Crack / Dislodged / Replacement	To request for quotation
Tyres	16 inches and below	$200	$200	$200	$200	$200	$200	$200	$200
	17 inches	$250	$250	$250	$250	$250	$250	$250	$250
	18 inches	$350	$350	$350	$350	$350	$350	$350	$350
	19 inches	$550	$550	$550	$550	$550	$550	$550	$550
	20 inches and above	$700	$700	$700	$700	$700	$700	$700	$700
	Run Flat Tyre (Additional Charge)	$150
Lights (Per Piece)	LED	To request for quotation
	Bi-Xenon
	Halogen
General Paintwork	Sandblast (Serious stains)	$400	$450	$500	$500	$550	$600	$600	$700
	Ceramic Coating	$600	$650	$700	$700	$750	$800	$800	$900
	Paint Correction	$250	$300	$350	$350	$400	$450	$450	$550
	Polishing	$250	$300	$350	$350	$400	$450	$450	$550
	Whole Car Respray	$2,650	$3,050	$3,450	$3,350	$3,750	$4,150	$5,650	$5,650
Interior Cleaning	Animal Fur	$100	$150	$200	$200	$200	$200	$200	$200
	Smoking	$250	$300	$350	$400	$450	$500	$550	$600
	Soil / Mud	$250	$300	$350	$400	$450	$500	$550	$600
	Stains	$250	$300	$350	$400	$450	$500	$550	$600

4.9

The Hirer irrevocably agrees and acknowledges that the Owner’s assessment of any of the amounts payable at Clauses 4.7 and 4.8 shall be deemed the final and conclusive assessment of such charges.

4.10

All payments to the Owner by the Hirer under this Agreement shall be made:

(a) no later than the day on which such amounts are required to be paid;
(b) in full and without any withholding or deduction whatsoever;
(c) via such payment mode as the Owner may specify from time to time; and
(d) in immediately available and freely transferable funds.

4.11

The Hirer shall be solely responsible and shall promptly pay such fines, penalties, court costs and other expenses that may be assessed against the Owner and any goods and services tax thereon which may arise by reason of the Hirer’s and/or the Driver’s possession and/or use of the Vehicle. In the event that the Hirer requires the Owner to assist with its responsibilities under this Clause 4.10, the Owner shall be entitled to charge a fifty dollars (S$50.00) administrative fee.

4.12

Without prejudice to any other rights and remedies the Owner may have, if the Owner for any reason does not receive from the Hirer any amount which has accrued due and payable by the Hirer to the Owner on or before the date on which such amount is required to be paid:

(a) the Hirer shall pay the Owner the prevailing administrative fee and interest on the outstanding amounts owed by the Hirer computed at the rate of two percent (2%) per month from the date on which such outstanding amounts become due and payable until full payment is made to the Owner; and
(b) the Owner shall be entitled to remotely immobilise the Vehicle for repossession. the Owner may remotely immobilise the Vehicle using onboard device(s), for the purposes of such repossession. All costs incurred by the Owner in carrying out the repossession shall be borne by the Hirer and shall be repaid pursuant to this Clause 4.11.

4.13

In the event of any incident, accident, mechanical breakdown, or any period of downtime attributable to the fault, negligence, or breach of this Agreement by the Hirer, the Owner retains the right to impose a charge on the Hirer for the resultant loss of rental income during the period of the vehicle's unavailability for rental purposes. This charge shall be calculated based on the daily rental rate applicable to the vehicle, multiplied by the number of days the vehicle is rendered out of service, as determined solely by the Owner. The Hirer expressly acknowledges and agrees that this loss of use charge constitutes a genuine pre-estimate of the Owner's loss and is not to be construed as a penalty. Furthermore, the Hirer agrees to indemnify and hold harmless the Owner from and against any and all additional costs, expenses, or losses that may be incurred as a direct or indirect consequence of the Hirer's actions or omissions.

4.14

Any amounts to be refunded by the Owner to the Hirer shall be made to the Hirer’s Credit Card, provided always that any reversal fees and any other bank charges will be borne solely by the Hirer. The Owner shall make reasonable endeavors to process refunds to the Hirer’s Credit Card account within thirty (30) Business Days. “Business Day” refers to a working day of the Owner, excluding, Saturdays, Sundays and public holidays in Singapore.

5. RENTAL OF VEHICLE

5.1

During the Rental Period, the Owner shall make available to the Hirer, and the Hirer shall rent from the Owner, the Vehicle, subject to the terms and conditions in this Agreement.

5.2

The Hirer shall inspect the Vehicle at the pick-up location specified on the Platform (the “Pick Up Location”) on the Start Date. Following such inspection, the Hirer shall inform the Owner immediately of any defects, deficiencies, and malfunction present in the Vehicle. If the Hirer does not so inform the Owner of any such defects, deficiencies or malfunction, the Hirer shall be deemed to have accepted the Vehicle in its condition as at the date of inspection, and to have confirmed that the Vehicle is suitable in all respects for the purposes for which the Hirer requires the Vehicle.

5.3

The Hirer shall at its own cost take possession of the Vehicle at the Pick Up Location on the Start Date and shall provide the Owner on the Start Date an acceptance receipt confirming that the Hirer has taken possession of the Vehicle (in such form prescribed by the Owner).

5.4

Save as covered by insurance as provided set out at Clause 11 below, the Owner shall not in any way be liable in contract or in tort for any loss, injury or damage sustained by the Hirer or any other person by reason of manufacturing or other defect in the Vehicle whether such defect be latent or apparent on examination and the Owner shall not be liable for any claim made against the Hirer by a third party for such loss, injury or damage.

5.5

For the avoidance of doubt, notwithstanding any failure by the Hirer to take possession of the Vehicle on the Start Date, the Rental Period shall commence, on and from the Start Time. No refunds will be made due to the Hirer’s failure to take possession of the Vehicle on the Start Date.

5.6

Additional items included in the Booking are subject to availability. In the event of unavailability, the Hirer will be refunded the price of such additional items.

6. CUSTODY AND USE OF THE VEHICLE

6.1

During the Rental Period, the Hirer shall:

(a) hold a valid driver’s licence as required under the law and comply with all laws and regulations required to maintain a valid driver’s licence in Singapore (“Duly Licenced”);
(b) use the Vehicle for personal, social, domestic and pleasure purposes only;
(c) warrant and undertake that the Vehicle is not used, nor permit the Vehicle to be used, for any purposes for which the Vehicle is not designed or leased, including but not limited to using the Vehicle for hire, driving tuition, towing, racing, pace making, competing in any rally or any form of motor sports or for any illegal purpose whatsoever;
(d) warrant and undertake that the Vehicle will be handled in a skillful and proper manner by the Hirer or any nominated person(s) stated in the Certificate of Insurance (or any other relevant document in relation to the insurance of the Vehicle). The Hirer must inform the Owner in writing of any nominated person who shall be competent to use the Vehicle (including being Duly Licenced and holding a valid driver’s licence as required under the law). In addition, the Hirer and/or the nominated person shall not use the Vehicle beyond its speciﬁed capabilities or otherwise than for its original purpose or function;
(e) observe and comply with all requirements, instructions and directives of the government authorities as well as all statutory provisions, regulations, rules, and by laws for the time being in force in connection with the possession and use of the Vehicle and shall not transfer the registration of the Vehicle from the Land Transport Authority;
(f) keep the Vehicle free from distress, execution or any legal process;
(g) assume all responsibility, liability and risks for the Vehicle and the custody and the use thereof and for all injuries to or deaths of persons and damage to property however caused by or arising from the Vehicle or negligence use thereof whether any such injury or death be that of the Hirer’s agent or employee or any third party and such damage be to your property or any third party;
(h) indemnify the Owner against all fines, penalties and liabilities imposed on us or arising in respect of any non-compliance or contravention of any transport, traﬃc or other law or regulation, together with any cost or expense relating thereto (included legal costs on a full indemnity basis) incurred by the Owner;
(i) only allow the Vehicle for use in Singapore and West Malaysia only;
(j) shall bear the cost of the repair or rectiﬁcation of any damage to the Vehicle resulting from negligence or improper use of the Vehicle by the Hirer or any person permitted by the Hirer to use the Vehicle;
(k) install and pay for or reimburse us all costs incurred in respect of the supply, ﬁxing and use of any accessories, extras or additions which may be required by law or which are ﬁtted to the Vehicle at the Hirer’s request;
(l) not, without our prior written consent, make any alterations, additions, or improvements to the Vehicle or any changes of the working order or function thereof, and where such written consent is given, the Hirer shall at its own expense, reinstate the Vehicle to its original state if so required by the Owner upon the termination of this Agreement. All additions, replacements or improvements made to the Vehicle (with or without our consent) shall be deemed to form part of the Vehicle and be the Owner’s property and be subject to the terms and conditions of this Agreement;
(m) ensure that the Vehicle is returned to the Owner with its battery kept at a battery level of at least fifty percent (50%) of range or the fuel topped up to the same amount as when the Vehicle was handed over to the Hirer (as the case may be) as at the Start Time; and
(n) not use or operate, repair the Vehicle in a manner or for a purpose which contravenes any applicable law or for which the Vehicle is not designed or suitable for, or which contravenes any condition of any policy of insurance relating to the Vehicle or which may result in such policy of insurance being invalidated or vitiated (nor permit or cause any of the foregoing to take place).

7. BREAKDOWN OF THE VEHICLE

7.1

In the event that the Vehicle is involved in an accident, is damaged, breaks down or requires repair to salvage:

(a) the Hirer shall:
- (i) as soon as practicable report to the Owner any breakdown, faulty operation or other defect of the Vehicle experienced by the Hirer or the Driver and until so reported, it shall be presumed that the Vehicle is in good mechanical, operational and roadworthy condition. If the Hirer fails to notify the Owner of any breakdown, faulty operation or other defect of the Vehicle within twenty-four (24) hours, the Hirer shall be liable for any and all costs of repair to the Vehicle;
- (ii) not acknowledge or compound any claim either partially or in full in respect of any accident involving the Vehicle and to forward all correspondence in connection with any such accident to the Owner or its insurers, and not to arrange or undertake any repairs or salvage without the Owner’s authority (this includes but is not limited to the replacement of tyres), except to the extent that such repairs/salvage are necessary to prevent further damage to the Vehicle or to other property, and in such an event, to inform the Owner immediately; and
- (iii) provide the Owner with such co-operation, assistance and resources as may be required by the Owner in connection with any claim in respect of the Vehicle relating to any defect, malfunction, breakdown, accident, damage or loss of the Vehicle (or any part thereof) howsoever arising during the Rental Period.
(b) the Owner shall provide the Hirer with a replacement Vehicle, (which may not necessarily be of the same make and model of the Vehicle), subject to the availability of replacement Vehicles and at the discretion of the Owner, failing which the Owner shall refund to the Hirer the balance of the Total Price at a pro-rate amount calculated pursuant to the time of the Vehicle’s breakdown; and during the period that such replacement Vehicle is provided to the Hirer, all the terms of this Agreement shall apply to such replacement Vehicle as though such replacement Vehicle were the Vehicle.

8. ELECTRONIC ROAD PRICING

8.1

The Hirer shall be responsible for the Electronic Road Pricing (“ERP”) charges during the Rental Period.

9. ACCESSORIES

9.1

Neither the Hirer nor the Driver shall affix or attach or cause or allow to be affixed or attached any accessory or accessories in or to the Vehicle without the prior written consent of the Owner. Any affixation of an accessory or accessories (including but not limited to roof racks and/or boot racks) is at his/her/their own risk and the Owner shall not be held liable or responsible for any claim damage or loss arising directly or indirectly from the use thereof. The Hirer and the Driver each indemnifies and saves the Owner harmless against all or any liabilities, damages or claims arising directly or indirectly from the affixation and/or use thereof.

9.2

In the case of a Vehicle installed with speed warning devices, the Owner shall not be held liable or responsible for any claim, damage, loss, fine or penalty arising directly or indirectly from any summons, charge, court proceeding or police action in connection with the use thereof or otherwise.

9.3

The Hirer shall not remove, alter or in any way tamper with any markings found in or on the Vehicle.

9.4

The Hirer shall not remove or change the paintwork on the Vehicle or any part thereof without the prior written consent of the Owner, provided always that the Vehicle shall be restored to its original colour upon the expiration or termination of the Rental Period and the costs of such restoration shall be borne by the Hirer.

10. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS

10.1

The Hirer warrants and undertakes to the Owner, as of the date this Agreement is entered into and at all times during the Rental Period, as follows:

(a) the Hirer and Driver shall not be less than twenty-two (22) and not more than seventy-ﬁve (75) years of age (inclusive of both ages), and shall have not less than two (2) years of driving experience, and shall not be suﬀering from any physical inﬁrmity or uncorrected defective vision or hearing; and
(b) all information given by the Hirer to the Owner, his servant or agent (whether oral or in writing) is neither false nor misleading.

10.2

During the Rental Period, the Hirer shall:

(a) comply with all applicable laws in connection with the lease, possession, control, use and operation of the Vehicle by the Hirer, and without prejudice to the generality of the foregoing, shall ensure that all action, conditions and things required by any applicable law to be taken, fulfilled and done to enable the Hirer to lawfully enter into, exercise its rights and perform and comply with its obligations under this Agreement, and to ensure that such obligations are valid, legally binding and enforceable, have been taken, fulfilled and done (including obtaining such consents as required pursuant to Clause 15 below); and
(b) at all times ensure that the following are complied with (“Driver Criteria”):
- (i) the Hirer and Driver shall not be less than twenty-two (22) and not more than seventy-ﬁve (75) years of age (inclusive of both ages);
- (ii) if the Hirer or Driver are Singapore citizens, Permanent Residents of Singapore, foreigners residing in Singapore for more than twelve (12) months or foreigners residing in Singapore for less than twelve (12) months and employed as drivers with valid work permits or S-Passes, the following documents are provided to the Owner at Booking:
  - NRIC
  - a valid Singapore Class 3/3A Driving Licence.
- (iii) if the Hirer or Driver are foreigners residing in Singapore for twelve (12) months or less, the following documents are provided to the Owner at Booking:
  - passport.
  - foreign licence and an International Driving Permit (“IDP”) issued by an authorised body from your country of origin or an official translation of your foreign driving licence in English if an IDP is unavailable. The requirement for an IDP or official translation of the foreign licence does not apply to Hirer or Drivers from ASEAN Member states.

10.3

In the event that the Hirer or any Driver does not meet the Driver Criteria set out in Clause 10.2(b), or does not satisfy the minimum age and/or driving experience requirements applicable to the selected Vehicle as shown on the Platform at the time of booking, the Hirer shall be deemed a Young, Elderly, or Inexperienced Driver (“YEID”) for the purposes of this Agreement.

Where a YEID operates the Vehicle and a claim is made under the Commercial Insurance Coverage, an Additional Loading Damage Excess (as set out on the Platform) shall apply in addition to the standard Vehicle Damage Excess. Where no Additional Loading Damage Excess is specified in respect of the Vehicle, only persons who meet the Driver Criteria shall be permitted to operate the Vehicle.

10.4

No warranty, condition, description or representation by the Owner or its representatives is given or implied by this Agreement nor is any warranty, condition, description or representation to be taken to have been given or implied from anything said or written in the negotiations between the Owner, the Hirer or their representatives prior to the execution of this Agreement. To the furthest extent permitted by law, all representations, warranties, conditions and descriptions of any kind, arising by statute, common law or otherwise, expressed or implied, as to the state, condition, quality or fitness of the Vehicle for any particular purpose or for use under any specific condition, notwithstanding that such purpose or conditions may be known or made known to the Owner, are hereby excluded.

11. INSURANCE

11.1

During the Rental Period, the Owner shall insure the Vehicle with an insurance company selected by the Owner, against loss or damage by accident arising in the course of normal use of the Vehicle in the ordinary course of leisure for the estimated market value thereof on such terms and conditions and subject to such usual or reasonable restrictions as the Owner may at our discretion agree with the insurance company.

11.2

The premium payable for affecting such insurance shall be borne by the Owner.

11.3

The Hirer shall be responsible for any excess payment required under the insurance in respect of the Vehicle in the event of any accident and/or any damage, repair or liability that is not covered by such insurance.

11.4

In the event the insurance company refuses liability for the loss or damage relating to the Vehicle or the proceeds of insurance in respect of the loss or damage as diminished, as a result of the Hirer’s breach of this Agreement, the Hirer shall indemnify the Owner the difference between the amount which should or would have been payable to the Owner under the policy of insurance in respect of the loss had the breach not occurred, and the amount actually paid to and received by the Owner in respect of such loss (if any).

11.5

The Hirer hereby irrevocably acknowledges and agrees that the insurance procured by the Owner does not and will not cover:

(a) Any personal injury to or death of the driver of the Vehicle;
(b) Any personal injury to or death of any passenger (including the Hirer) in the Vehicle if it can be shown that the driver of the Vehicle was negligent or otherwise at fault.

11.6

Should the Owner make an insurance claim in the event of an accident or other damage to the Vehicle, the Hirer shall bear any increase in excess payment at the discretion of the Owner. For the avoidance of doubt, the Owner shall have the sole discretion to decide whether to claim against the insurance without reference to the Hirer.

11.7

The Hirer agrees to protect the interest of the Owner and the insurers of the Vehicle in the event of an accident and shall, or shall procure that the Driver shall, in the event of an accident:

(a) obtain the names and addresses of all parties involved and of any witnesses;
(b) not admit liability or guilt without the prior consent of the Owner;
(c) not abandon the Vehicle without adequate provisions for safeguarding and securing the same;
(d) give a detailed report including diagram, even in cases of slight damage, within twenty-four (24) hours to the Owner;
(e) notify the Owner immediately of such accidents and submitting a duly completed motor accident report;
(f) not admit or compound any claim, summons or charge either partially or in full without the consent in writing of the Owner;
(f) not admit or compound any claim, summons or charge either partially or in full without the consent in writing of the Owner;
(g) deliver correspondence, writs or documents of any kind received by the Hirer or Driver (as the case may be) relating to any accident involving the Vehicle during the Rental Period; and
(h) co-operate fully with the Owner and their insurers in the investigation prosecution or defence of any claim prosecution or suit in connection with any accident.

11.8

The Hirer shall be responsible for any windscreen excess payment (as set out on the Platform) specified under the insurance in respect of the Vehicle in the event of damage to the windscreen. Where no windscreen excess is specified, the Hirer shall bear the full cost of repair or replacement.

12. INDEMNITY AND LIABILITY

12.1

The Hirer shall indemnify the Owner and its related corporations or associated companies as well as its/their respective directors, officers, employees, agents and representatives against all actions, claims, demands, proceedings, costs or expenses, damages, loss and/or liabilities of whatever nature (including legal costs on a full indemnity basis incurred by the Owner) brought against, suffered or incurred by the Owner arising out of or in connection with this Agreement, including but not limited to:

(a) any breach of the terms and conditions of this Agreement by the Hirer;
(b) any death of and injury to any person and loss of or damage to any property which may arise out or in consequence of the Hirer or the Driver’s possession or use of the Vehicle;
(c) any statement, act, omission, fraud, negligence or default whatsoever of the Hirer or the Driver (which the Hirer agrees it shall be fully and solely liable and responsible for);
(d) any extraordinary claims brought against the Owner in relation to the Vehicle;
(e) any enforcement or attempted enforcement by the Owner of its rights or remedies against the Hirer, including any legal costs and expenses incurred by the Owner in connection with the enforcement of the terms of this Agreement;
(f) any and all loss or destruction of the Vehicle or damage to the Vehicle or any part thereof howsoever occasioned during the Rental Period; and/or
(g) any inaccuracy, untruthfulness or incompleteness of any information which the Hirer provides, furnishes or makes available to the Owner (including personal information relating to the Hirer and Drivers);

12.2

Notwithstanding anything to the contrary in this Agreement, and to the extent permitted by applicable law, the Owner shall not be liable to the Hirer in respect of any claim of whatsoever nature, whether for any direct, indirect, consequential, special or punitive damages, or for any damages resulting from loss or interruption of business, lost data or lost profits and whether arising from tort (including negligence), breach of contract or otherwise, brought against, suffered or incurred by the Hirer due to, arising out of, or in connection with:

(a) any claim arising directly or indirectly out of the Vehicle, whether arising from any defect, deficiency or malfunction or inadequacy for any purpose, or its use, operation, performance, or any interruption or loss of use or operation of the Vehicle;
(b) any loss, injury or damage howsoever and whenever sustained by the Hirer or any other person by reason of any defect, deficiency or malfunction in respect of the Vehicle (whether such defect be latent or apparent on examination); or
(c) any loss or damage incurred or sustained by the Hirer as a consequence of the expiry or termination of the Rental Period.

12.3

If, notwithstanding Clauses 12.1 and 12.2, the Owner is found to be liable to the Hirer for any reason under this Agreement or under applicable law, the Owner shall only be liable to the Hirer for direct damages which the Hirer suffers or incurs in relation to the Vehicle, and the aggregate liability of the Owner to the Hirer for any and all claims, whether arising in contract, tort, negligence, under statute or otherwise, arising out of or in connection with this Agreement shall not exceed the Total Price.

12.4

The Owner is not responsible to the Hirer and/or the Driver for any loss or damage to any property left, stored, loaded or transported by the Hirer, the Driver or any other person in or upon the Vehicle, or left with any agents or servants of the Owner at any time or place or at the Owner’s premises prior to, during or after the Rental Period, including any property in any Vehicle repossessed in accordance with the provisions of this Agreement, and the Hirer hereby agrees to indemnify the Owner, its agents and servants and hold them harmless from any such claims suffered by the Owner in respect thereof.

12.5

This Clause 12 shall survive the termination of this Agreement.

13. TERM AND TERMINATION

13.1

The term of this Agreement shall commence on the Start Date and continue in effect until the End Date.

13.2

The Owner may immediately terminate this Agreement and/or use of the whole or any part of the Platform by giving the Hirer written notice if the Hirer:

(a) fails to pay any rental charge or any charges payable under this Agreement within three (3) Business Days from the date that such payment(s) shall become due and payable whether previously demanded or not; or
(b) suffer any distress or execution or writ of seizure and sale or attachment order issue against his property or properties or if any such execution, writ or attachment shall be threatened; or
(c) become insolvent or be unable to pay his debts when due or if the Hirer commits any act of bankruptcy or shall have a receiving or adjudication order made against him or if the Hirer being a company a petition is presented to wind-up the Hirer whether voluntarily or otherwise; or
(d) make any arrangement, composition or assignment for the benefit of his or its creditors generally or have a receiver or a receiver and manager appointed to take or suffer any similar action in consequence of any debt; or
(e) have any cheque given by the Hirer for any payment under this Agreement be dishonoured; or
(f) shall do or suffer to be done any act or thing which may prejudice or jeopardise the Owner’s property or right to the Vehicle; or
(g) be in breach of any of the terms and conditions of this Agreement whether expressed or implied.

13.3

The expiry or termination of the Rental Period for any reason whatsoever shall not affect the accrued rights of the Owner. Upon termination of this Agreement pursuant to Clause 13.2, the Hirer shall:

(a) immediately return the Vehicle to the Owner and
(b) pay the Owner:
- (i) any outstanding payments in relation to the Total Price which have accrued under this Agreement prior to the termination; and
- (ii) any other monies which may be payable by the Hirer to the Owner in connection with this Agreement, including any costs of repairs to the Vehicle.

13.4

No refund of the Total Price or any other sums in relation to this Agreement will be made by the Owner to the Hirer due to the termination of the Agreement.

13.5

The Owner may terminate this Agreement for convenience by providing one (1) Business Day’s written notice to the Hirer. In such an event, the Owner shall not be liable to the Hirer for any damages, compensation or reimbursement of any kind.

14. CONSEQUENCES OF EXPIRY AND TERMINATION OF THE RENTAL PERIOD

14.1

Upon the expiry or termination of the Rental Period for any reason whatsoever:

(a) the Hirer shall cease to be in lawful possession of the Vehicle, and shall return the Vehicle to the Owner at the return location (or such other location as the Owner may specify), in the same condition and working order as at the Start Date; and
(b) all amounts that may have accrued under this Agreement and remain unpaid shall become immediately due and payable to the Owner, and the Hirer shall immediately pay such amounts to the Owner.

14.2

The Owner shall not be responsible for any articles which may be left in or deposited in the Vehicle. If any articles are found in the Vehicle upon its return to the Owner, the Owner may dispose of such articles in such manner and by such means as the Owner may deem fit, without any liability to the Hirer.

15. PERSONAL DATA

15.1

The Hirer hereby irrevocably consents to the collection, use and disclosure of its personal data by the Owner and its related corporations or associated companies as well as its/their respective directors, officers, employees, agents and representatives in accordance with the Personal Data Protection Act 2012 and the purposes set out in the Eurokars Group Data Protection Policy available at http://www.eurokarsgroup.com/data-protection/ including to enforce any of the Owner’s rights or fulfill any of the Owner’s obligations under this Agreement.

15.2

This Clause 15 shall cover the personal data of each Driver and the Hirer declares that it is validly authorised by any and all Drivers to consent and agree to this clause on their behalf as if each Driver had separately consented and agreed to this Clause 15.

16. ASSIGNMENT

16.1

This Agreement may not be assigned or transferred by the Hirer. The Owner shall be entitled to assign or otherwise deal with all or any of the rights under this Agreement including the right conferred on the Owner to enter any premises whereupon the Vehicle is situated to inspect the Vehicle and to repossess the same and any assignment of this Agreement by the Owner shall be deemed to include an assignment of all rights to enter and/or repossess. The Owner shall be entitled to sell, transfer, mortgage, charge or encumber or otherwise dispose of the Vehicle subject to the terms and conditions of this Agreement.

17. LICENCE TO USE THE PLATFORM

17.1

The Hirer hereby acknowledges that it will use the Platform strictly in accordance with the terms of this Agreement and that the Owner grants it a personal, limited, non-exclusive, non-transferable, non-sub-licensable right to use the Platform for the purpose of accessing the Platform and Booking the Vehicle. The Platform shall at all times remain the property of the Owner.

17.2

The Owner is not obligated to provide any adaptations, enhancements, or modifications to the Platform, including updates, patches, bug-fixes, upgrades, or new versions and releases, even if they affect the Hirer’s use of the Platform. However, the Hirer acknowledges that the Owner may need to interrupt or suspend access to the Platform for maintenance, technical, or other reasons.

17.3

Under no circumstances shall the Hirer:

(a) duplicate, sell, transfer, licence, distribute, display publicly, rent, lease, export, or otherwise reproduce the Platform or any part of it in any form or by any means;
(b) modify, translate, decompile, reverse engineer, or attempt to derive the source code of the Platform or any part of it;
(c) remove, obscure, or alter any copyright, trade secret, or other proprietary notices within the Platform;
(d) create derivative works based on the Platform or any part of it;
(e) use the Platform for any purpose not explicitly permitted under this Agreement, or attempt to breach its security features;
(f) engage in automated data gathering or extraction techniques, such as spidering or scraping, on the Platform or any part of it;
(g) perform mass downloads of data, information, or content from the Platform, whether through scripts or other means.

Any breach of the aforesaid restrictions shall result in immediate and automatic termination of this Agreement. The use restrictions set out herein shall survive the termination of this Agreement.

17.4

The Owner shall be entitled, without any notice or reference to the Hirer, to update or modify the Platform at its discretion.

17.5

From time to time and without providing any notice or explanation to the Hirer, the Owner may enhance, alter, suspend, or terminate the availability of the Platform or any associated services, either entirely or partially. The Owner shall not be liable for any loss or damage suffered by or caused to the Hirer arising out of or in connection with this Clause 17.5.

18. MISCELLANEOUS

18.1

Nothing in this Agreement shall prevent the Owner from engaging the services of a debt collection agency to collect from the Hirer any outstanding amounts due to the Owner by the Hirer.

18.2

The Hirer acknowledges and agrees that the Vehicle is or may be installed with an onboard device or in-Vehicle camera, through which The Owner may retrieve information regarding the location of the Vehicle at any time, and/or remotely immobilise the Vehicle (pursuant to Clause 4.11 above). The Hirer hereby consents to the collection, use and disclosure by the Owner of the information retrieved using any onboard device or in-Vehicle camera.

18.3

Notwithstanding that the Vehicle may be in the possession and custody of the Hirer during the Rental Period, as between the Parties, the Vehicle shall at all times remain the property of, and all title to the Vehicle shall at all times remain and be vested in, the Owner. The Hirer shall not present himself or hold himself out as the owner of the Vehicle, nor do or cause or suffer any matter or thing to be done whereby the Hirer may be regarded as the owner of the Vehicle or whereby the Owner’s rights in relation thereto may be prejudiced or jeopardised.

18.4

The loss of or any damage to the Vehicle or any part thereof howsoever caused shall not affect the continuance of the Rental Period and shall not in any way suspend, diminish or discharge the liability of the Hirer to pay any amounts hereunder in accordance with this Agreement.

19. GENERAL

19.1

This Agreement contains the entire agreement between the Parties relating to the subject matter of this Agreement at the date hereof and supersedes all previous agreements and understandings between the Parties (both written and oral) in relation to such subject matter.

19.2

The Owner reserves the right to, and may at its sole discretion, at any time vary or amend any or all of the terms of this Agreement (including any fees and/or charges payable hereunder) for any or no reason whatsoever. For the avoidance of doubt, the Hirer may not vary or amend any of the terms of this Agreement without the written consent of the Owner.

19.3

If any provision in this Agreement is or shall at any time become invalid, illegal or unenforceable in any respect (in whole or in part), such invalidity, illegality or unenforceability shall not in any way affect or impair the other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

19.4

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 2001 to enforce or enjoy the benefit of any term of this Agreement.

19.5

No failure on the part of either Party to exercise, and no delay on the part of either Party in exercising, any right or remedy under this Agreement will operate as a release or waiver thereof, nor will any single or partial exercise of any right or remedy under this Agreement preclude any other or further exercise thereof, or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any other right or remedy (whether provided by law or otherwise).

19.6

Any provision or breach of any provision of this Agreement may be waived only if the relevant Party so agrees in writing. Any waiver or consent given by the relevant Party under any provision of this Agreement must also be in writing. Any such waiver or consent may be given subject to any conditions thought fit by that Party and shall be effective only in the instance and for the purpose for which it is given.

20. NOTICES

20.1

Any notice required to be given by one party to the other shall be given in writing (including via email or SMS) and shall be deemed to have been given on the date it was sent, hand delivered and/or faxed as the case may be, to the contact details provided by the Hirer and Owner in this Agreement.

20.2

The Hirer undertakes to immediately update the relevant details on its account on the Platform in the event of a change to any of its or the Driver’s contact details or personal particulars.

21. GOVERNING LAW AND DISPUTE RESOLUTION

21.1

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore and Parties hereby submits to the non-exclusive jurisdiction of the Singapore Courts.

Members’ Agreement