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”.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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”).

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).

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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

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):

The Hirer shall ensure that the Vehicle is returned to the Owner with its battery kept at a battery level of at least ten percent (10%) 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.

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:

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

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

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

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.

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:

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.

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.

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.

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.

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).

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.

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.

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.

During the Rental Period, the Hirer shall:

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

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

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.

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.

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

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.

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:

During the Rental Period, the Hirer shall:

In the event that the Hirer does not fulfil the Driver Criteria, the Additional Loading Damage Excess (as set out on the Platform) shall become payable in the event that the Owner makes a claim against the Commercial Insurance Coverage. Where no Additional Loading Damage Excess is specified in respect of the Vehicle, only persons that fulfil the Driver Criteria are permitted to operate the Vehicle.

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.

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.

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

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.

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).

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

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.

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:

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:

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:

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.

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.

This Clause 12 shall survive the termination of this Agreement.

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

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:

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:

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.

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.

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

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.

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.

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.

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.

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.

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.

Under no circumstances shall the Hirer:

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.