Terms & Conditions
1.1 The Company will let and the Hirer shall take on hire the motor vehicle (the “Vehicle”) described in the Schedule annexed on the terms and conditions set out in this Agreement including the Schedule.
1.2 No interest in the Vehicle shall pass to the Hirer. The Hirer shall not do or cause to be done any matter or thing whereby the rights of the Company in respect of the vehicle are or may be prejudicially affected.
2. Rental Period and Charges
2.1 The hiring of the Vehicle shall commence on the date and at the time the Hirer takes delivery of the Vehicle and shall continue for the period and end on the date and time stated in the Schedule (“the Hire Period”) Subject to any early termination in accordance with the terms and conditions of this Agreement.
2.2 The Hirer shall pay the full charges specified herein immediately upon the signing of this Agreement, and no part of such charges shall be refundable to the Hirer for any reason unless the Company in its absolute discretion deems appropriate.
3. Custody and Use of Vehicle
The Hirer shall throughout the Hire Period:
(a) Be adequately covered by insurance and hold a valid driver’s license as required under the law.
(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 for, including but not limited to using the Vehicle for hire or reward, driving tuition, towing, racing, pace making, competing in any rally or any form of motor sports, off-road use or for any Legal purpose whatsoever.
(d) Warrant and undertake that the Vehicle will be used in a skilful and proper manner by the Hirer and/or the driver(s) specifically named and authorized by the Hirer herein (the “Authorised Driver”) who shall be competent to use the Vehicle (including being adequately insured and holding a valid driver’s license as required under the law)and the Hirer and/or the Authorised Driver shall not use the Vehicle beyond its specified capabilities or otherwise than for its original purpose or function.
(e) Warrant and undertake that the Hirer and/or the authorised driver shall not be less than Twenty-Three (23) and not more than Sixty Five (65) years of age, and shall have not less than Two (2) years of satisfactory driving experience, and shall not be suffering from any physical infirmity or uncorrected defective vision or hearing.
(f) Observe and comply with all requirements, instructions and directives of the Competent 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, including without limitation obtaining the required cash card with sufficient balance for the IU unit prior to entry into any roads within the ERP system.
(g) Not sell, assign, mortgage, let or hire or otherwise dispose or part with possession of the Vehicle or part thereof and keep the Vehicle free from distress, execution or any legal process.
(h) 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 negligent 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 the Hirer’s property or any third party.
(i) Indemnify the Company against all fines, penalties and liabilities imposed on the Company 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 (including legal costs on a full indemnity basis) incurred by the Company.
(j) Not take or allow the Vehicle to be taken out of Singapore without receiving the Company’s prior written consent.
(k) At the Hirer’s 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.
(l) Install and pay for or reimburse the Company all costs incurred in respect to 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.
(m) Not, without the Company’s prior written consent, make or effect any mechanical or other alterations, additions, or improvements to the Vehicle or any changes to the working order or function thereof, and where such written consent is given, the Hirer shall at the Hirer’s own expense, reinstate the Vehicle to its original state if so required by the Company upon the termination of this Agreement. All alterations, additions, replacements or improvements made to the Vehicle (with or without the Company’s consent) shall be deemed to form part of the Vehicle and be the Company’s property and be subject to the terms and conditions of this Agreement.
(n) 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.
(o) Not leave the Vehicle unattended while it is unlocked or while the key is inside the Vehicle.
(p) Notify the Company immediately upon losing possession or control of the Vehicle and take all necessary steps at the Hirer’s own expense to recover and retain possession of the Vehicle.
(q) Permit the Company at all reasonable times to enter upon the premises where the Vehicle may from time to time be parked to inspect, assess and/or test the condition of the Vehicle.
4. Deposit Payment
4.1 The Hirer shall pay the deposit specified herein upon collection of the Vehicle as a security deposit for the due performance of all the Hirer’s obligations under this Agreement. Upon the termination of this Agreement and if the Hirer should duly perform and observe the covenants, conditions, stipulations, undertakings and agreements contained herein, the deposit shall be returned to the Hirer free of interest.
4.2 If the Hirer fails to perform and observe the covenants, conditions, stipulations, undertakings and agreements contained herein, the Company shall at the Company’s discretion be entitled to forfeit the deposit or apply the same towards discharging the Hirer’s liability to the Company or to any third party, provided always that such forfeiture or deduction shall not in any way prejudice, impair or affect any right or claim against the Hirer to which the Company may be entitled in any such event, the Hirer shall, upon demand, forthwith pay to the Company such sum as shall restore the deposit to its full amount. Any sum received by the Company thereon shall be deemed and treated as forming part of the deposit.
5. Delivery and Collection of Vehicle
5.1 The Hirer shall make all delivery and collection arrangements during the office hours set out below
Monday to Friday: 9.00am to 6.00pm Saturday, Sunday & Pubic Holidays: Closed
5.2 A service charge of 5$50/- per trip will be levied for delivery or collection after office hours.
6. Late Payment Charges
The Hirer shall pay to the Company or to whom the Company shall designate on demand interest at the rate of 2% per day on all charges and amounts due here under which are not paid when due. Such late payment charges will run from day to day and will accrue after as well as before judgment. Any payment received by the Company will be appropriated first towards the interest payment and lastly towards the payment of the other charges and amounts.
7. Replacement Vehicle
The Hirer agrees that in the event the Vehicle described in this Agreement or the Vehicle model ordered by the Hirer prior to the Period of Hire is not available at the time of the commencement of hire, the Company reserves the right to replace the vehicle with an alternative motor vehicle of similar or comparable seating capacity and performance. Where no such alternative vehicle is available or if the Company shall decline to provide an alternative vehicle, then the Company shall refund the Hirer the hire charge and deposit (if any) without interest, whereupon the Hirer agrees that the Hirer shall have no further claims whatsoever against the Company.
8. Cancellation Prior to Commencement of Hire Period
8.1 In the event of cancellation of any booking or termination of the agreement by the Hirer prior to the commencement of the Hire Period, the Company shall be entitled to impose a cancellation charge payable by the Hirer of 100% of the Hire charge for such notification of cancellation received less than 3 months before the commencement of the Hire Period. For notification of cancellation received more than 3 months before commencement of Hire Period, the Company will impose a cancellation charge of $150 payable by the Hirer.
8.2 The Company may at any time for any reason whatsoever, including but not limited to the unavailability of the Vehicle or a substitute, cancel any booking or the agreement, without any liability whatsoever except to refund to the Customer any amount it has received in advance from the Customer in respect of Hire, provided, however, the termination was not caused by or in any way attributable to any breach by the Customer of any of the Terms and Conditions herein or any act, neglect or default on his part and in the event of such breach by the Customer, the Company will impose a minimal charge of $150 payable by the Hirer.
9. Articles in the Vehicle
If the Vehicle is repossessed or returned, the Company shall not be responsible or liable for any property or article alleged to have been left in the Vehicle by the Hirer or any third party. Should any such property or article be found in the Vehicle by the Company, then unless the same is collected by the Hirer within Fourteen (14) days after the date of a written notice sent or delivered to the Hirer by the Company, the Company shall be at liberty to dispose or discard of the same in whatever manner the Company deems fit. The Hirer shall have no claim whatsoever against the Company and the Hirer shall indemnify the Company in full against any claim by a third party for any property or articles so disposed of or discarded as aforesaid.
10. Loss and Damage
10.1 The Hirer shall bear in full the cost of the repair or rectification of any damage to the Vehicle resulting from negligent or improper use of the Vehicle by the Hirer and/or the authorised driver. In the event that the Vehicle damage is deemed by the Company as a total loss, the Hirer shall pay to the Company the cost of obtaining a replacement for the Vehicle and shall also be liable to the Company for the loss of use of such Vehicle for the period required to obtain a replacement. Where the Vehicle damage is not deemed a total loss, the Hirer shall also be liable to the Company for the loss of use of the Vehicle during the period of reinstatement or repair. In either event, the Hirer shall also make good to the Company all towing, storage, administrative or other charges.
10.2If the Vehicle is lost or stolen whilst in the Hirer’s possession or the possession of the authorised driver, the Hirer shall pay to the Company the cost of obtaining a replacement for the Vehicle and shall also be liable to the Company for the loss of use of such Vehicle for the period required to obtain a replacement.
10.3 The Hirer hereby agrees that the loss of use referred to in this Clause shall be computed on the basis of the Company’s prevailing hire charges.
11. Defects of Vehicle
The Company shall not in any way be liable either in contract or in tort for any loss, injury or damage sustained by the Hirer or any other person by reason of defect in the Vehicle whether such defect be latent or apparent on examination and the Company shall not be liable for any claim made against the Hirer by a third party for such loss, injury or damage.
12. Consequential Losses
The Company accepts no liability or responsibility for any consequential loss or damage due to or arising from the breakdown or stoppage of the Vehicle arising from any cause whatsoever or through non-arrival arising from accident or breakdown during loading, unloading and transportation of the Vehicle. This clause shall survive the termination of this Agreement.
The Hirer shall indemnify the Company against and hold the Company harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities (including legal costs) arising out of, connected with or resulting from this Agreement and the Vehicle including but not limited to the possession, presence, use, operation, repossession or return of the Vehicle. This clause shall survive the termination of this Agreement.
14.1 If the Vehicle is involved in an accident resulting in injury to persons or damage to property or the Vehicle, the Hirer shall immediately notify the Company and/or its designated Agent and the police and other relevant authorities in writing. The Hirer shall not make any admission, compromise, offer and promise of payment, payment of fine or indemnity without written instructions from the Company, the Company’s solicitors or the Company’s insurance company. The Hirer shall arrange for the Vehicle to be delivered to the Company’s authorized workshop or such other designated place as the Company or its Agent may inform the Hirer from time to time at the Hirer’s own cost and expense. The Hirer shall render such information and assistance in connection with the accident as the Company or the Company’s Insurers or Agents may require,
14.2 If the Vehicle breaks down (otherwise than by reason of any accident, theft or vandalism) in Singapore during the Period of Hire, recovery and replacement services will be provided to the Hirer without any charge; Provided always that any replacement vehicle will be provided to the Hirer only for the Hirer’s use subject to the terms and conditions herein as if the replacement vehicle is the Vehicle.
15.1 During the Period of Hire, the Company or its Agent shall ensure that the Vehicle is adequately insured with an insurance 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 Company or its Agent may at the Company’s or its Agent’s sole discretion agree with the insurance company. The premium payable for effecting such insurance shall be borne by the Company and/or its Agent.
15.2 Subject to any provisions in this Agreement, the Hirer shall, in any event, be liable for loss or damage to the Vehicle arising from any accident whether through the Hirer’s or the authorised driver’s fault or otherwise, for the first excess of S$3,000.
15.3 The Hirer hereby acknowledges that the Hirer is familiar with the general conditions of the Company’s standard policy of insurance which is available for inspection at the office of the Company or his Agents during office hours. The Hirer hereby undertakes to do everything necessary to maintain the said policy in full effect and not to do anything whereby the said policy mayor will be vitiated. The Hirer shall indemnify and hold the Company indemnified from and against all losses, claims, actions, costs and expenses should such policy be vitiated as a result of the Hirer’s acts or omissions.
15.4 The Hirer further acknowledges and agrees that the insurance effected by the Company does not and will not cover:
(i) any personal injury to or death of the driver of the Vehicle; and/or
(ii) any personal injury to or death of any passenger (including the Hirer) in the Vehicle. The Hirer may take out a separate Personal Accident Insurance to cover the foregoing at the Hirer’s own cost and expense.
15.5 If the Vehicle is driven by a person who is under Twenty Six (26) years or has less than Two (2) years of driving experience, a further excess will apply as below; (i) $2,000 (under the age of Twenty Six (26) years) (ii) $1,000 (less than Two (2) years driving experience)
16. Termination of Hire
16.1 The Company may, on any breach by the Hirer of any of the provisions of the Agreement, forthwith terminate this Agreement at any time within the Hire Period by written notice to the Hirer and on such termination, this Agreement and the hire constituted by this Agreement shall determine and the Hirer shall cease to be in possession of the Vehicle with the Company’s consent.
16.2 If a bankruptcy petition is presented against the Hirer, or being a company the Hirer shall pass a resolution for winding up (otherwise than by reason of amalgamation or reconstruction) or have a winding up petition presented against the Hirer, or the Hirer shall make any arrangement with the Hirer’s creditors or any assignment for the benefit of such creditors, or if a receiver and/or manager or judicial manager is appointed over the Hirer or any of the Hirer’s assets or property, or any distress or execution is levied or threatened against any of the Hirer’s property, or judgment against the Hirer shall remain unsatisfied for more than Fourteen (14) days, or the Hirer shall abandon the Vehicle, or if the Vehicle is used in the commission of any offence, or if the Vehicle is forfeited by a government body, or upon the expiry of the Hire Period, then this Agreement shall automatically and without notice determine and thereupon the Hirer shall cease to be in possession of the Vehicle with the Company’s consent.
16.3 Upon the termination of this Agreement (including expiry of the Hire Period), the Hirer shall be liable to pay to the Company (in addition to all other sums which shall be owing to the Company):
(a) all arrears of rental then due and all other sums due and unpaid as at the date of termination together with interest accrued thereon;
(b) (except if termination of this Agreement is by reason of the expiry of the Hire Period) all sums being the loss suffered by the Company as a result of the termination of this Agreement and/or any other sums which are or become due to the Company or to which the Company is entitled by way of damages for breach of this Agreement termination of this Agreement; and
(c) the costs of all repairs required to be done to the Vehicle to put it in a condition consistent with the Hirer’s use and enjoyment of the Vehicle under this Agreement.
16.4 The termination of this Agreement and the hire constituted therein shall not affect the Company’s rights or the Hirer’s liability subsisting at the date of termination.
16.5 Upon termination of this Agreement for whatsoever reason, the Company may without notice regain possession of the Vehicle and may for that purpose, by the Company’s servants or agent without previous notice, enter upon any land or premises on or in which the Vehicle is believed by the Company to be situated. If the Company is unable to repossess the Vehicle or recover the Vehicle, the Hirer shall in addition to and without prejudice to any other provisions herein, be liable for the cost of procuring a replacement vehicle of similar make and year as the Vehicle.
17. Delivery Up of Vehicle
Without prejudice to Clause 15, upon the termination of this Agreement, the Hirer shall at the Hirer’s own cost and expense deliver up the Vehicle to the Company at the Company’s address stated above or at such other address as the Company or its Agents may specify. The Vehicle shall, in any event, be returned to the Company together with the user manual(s), instruction booklets and other similar documents, all fittings (including the stereo system), tools and any other items supplied with the Vehicle.
18. Conditions, Warranties and Undertakings
18.1 No condition warranty or stipulation of any kind is given by the Company in respect of the Vehicle and all conditions warranties and stipulations expressed or implied statutory or otherwise of the Vehicle or as to the quality description of otherwise of the Vehicle or as to its fitness for any purpose are hereby expressly excluded.
18.2 in addition, the Hirer represents, warrants and undertakes throughout the Hire Period to the Company that:
(a) the Hirer is fully empowered and authorised to drive the Vehicle and to execute and deliver this Agreement and to perform Its obligations hereunder;
(b) there is no law, regulation or provision of any oral or written contract, agreement or other instrument binding upon the Hirer which would or may be contravened by the execution or delivery of this Agreement or the performance of any of the terms hereof or the use of the Vehicle;
(c) there is no default by the Hirer under any agreement which has or could have a material adverse effect on its operations, property or financial condition, and there is no litigation or administrative action pending or threatened against the Hirer or any of the Hirer’s assets which has or could have any such material adverse effect; and
(d) all statements made and particulars given by or on behalf of the Hirer to the Company at present or in the future are and will remain true and accurate.
19. Entire Agreement
The Company shall be bound only by the provisions of this Agreement notwithstanding any proposal representation or arrangement that may have been made or suggested before or at the signing hereof by any person whatsoever or appearing in any advertising matter or otherwise and no variation of the terms and conditions of this Agreement shall be binding on the Company unless previously agreed by the Company in writing.
No relaxation, forbearance, delay or indulgence by the Company in enforcing any of the terms and conditions of this Agreement or granting of time by the Company to the Hirer shall prejudice, affect or restrict the Company’s rights and powers hereunder nor shall any waiver by the Company of any breach hereof operate as a waiver of any continuing breach hereof.
21. Legal and Other Costs
The Hirer shall be liable to the Company and shall indemnity the Company for all costs and expenses (including legal costs on a full indemnity basis) incurred or suffered by the Company in the exercise of any of the Company’s rights and remedies or in enforcing any of the provisions of this Agreement including ascertaining the whereabouts of the Vehicle, or regaining possession of the Vehicle and preserving and storing the Vehicle thereafter and of any legal proceedings taken by the Company to enforce or attempting to enforce the provisions of this Agreement, and the Hirer shall indemnify the Company from and against any and all losses and damages suffered or sustained by the Company as a result or consequence of the Company entering into this Agreement with the Hirer. This clause shall survive the termination of this Agreement.
Any notice to be served on the Hirer shall be sent by registered post to the address of the Hirer stated in this Agreement or by facsimile transmission or by email and shall be deemed to have been received by the Hirer within 72 hours of posting or 24 hours if sent by facsimile transmission or email to the correct facsimile number or email number of the Hirer. Any notice on the Company shall be sent by registered post or hand delivered to the address of the Company as stated in this Agreement.
23. Electronic Communication
The Company shall act on the Hirer’s email confirmation unless the Hirer gives the Company prior notice in writing that this is not an acceptable means of communication. Should the Hirer confirm its acceptance via email of the terms herein contained the Hirer will be held liable for all costs and expenses incurred from date of the Hirer’s email acceptance transmitted to the Company.
24. Force majeure
The Company will use all reasonable endeavors to discharge the Company’s obligations under this Agreement in a prompt and efficient manner. Notwithstanding the foregoing, the Company shall not be liable in any manner whatsoever for any failure or delay caused by circumstances beyond the Company’s control.
25. Governing Laws
This Agreement shall be governed by the laws of the Republic of Singapore and the parties hereto agree to submit to the non-exclusive jurisdiction of the Courts of Singapore.
Important Notes to Chauffeur Drive Terms and Conditions
- 1. Price includes Chauffeur and Petrol
- 2. Chauffeuring of third party is not allowed without the bridal couple in the car
- 3. In the event of vehicle breakdown and unavailable for or during the service, we reserve the right to replace with other make of cars of equivalent amount or higher (and subject to our availability). We would not be liable for any compensation due to delay in sourcing and coordinating the replacement vehicle
- 4. We are not responsible for any loss of car decoration or display ornaments
- 5. We reserve the right not to accept any change in itinerary 3 days prior to actual day service
- 6. Chauffeur Service ends upon arrival at last venue (wedding venue or hotel lobby) of itinerary. Driver and Car will not be park for standby or display purposes
- 7. Car Decoration will be arranged between 7-8pm the night before the service commencement. ( Not applicable to all cars unless indicated ). However allowance should be given for any delay due to peak hour traffic or change of chauffeuring jobs during this time period. We strongly advise that you give ample notice to your bridal studio or florist as we should not be held liable for any delay.
The parties to this agreement are:
@WEDDINGCARS PTE LTD (“the Company”) of the one part and Hirer (“the Hirer”) of the other part.
(a) The expression “the Vehicle” means the motor car described in the Schedule attached or a motor car of an equivalent description.
(b) The expression “the Hire Period” means the period specified in the Schedule attached together with any other period when the Vehicle is at the disposal of the Hirer.
3. The Company’s Obligations
The Company undertakes: (a) to make the Vehicle available to the Hirer for the Hire Period together with the services of a duly licensed driver (“the Chauffeur”); and
(b) to ensure that the Vehicle is duly licensed and insured and is roadworthy and complies with the requirements of the Road Traffic Act [Cap 276]and all regulations made under such Act and/or by the competent authority.
(a) The Hirer shall pay the Company for the use of the Vehicle and the Chauffeur at the rate provided in the Schedule attached and payments shall be made in full before the Hire Period.
(b) All sums payable are exclusive of the Goods And Services Tax (“GST”) or other applicable tax, which shall if applicable be added to the sum in question.
5.1 In the event of cancellation of any booking or termination of the agreement by the Hirer prior to the commencement of the Hire Period, the Company shall be entitled to impose a cancellation charge payable by the Hirer of 100% of the Hire charge for such notification of cancellation received less than 3 months before the commencement of the Hire Period. For notification of cancellation received more than 3 months before commencement of Hire Period, the Company will impose a cancellation charge of $150 payable by the Hirer.
5.2 The Company may at any time for any reason whatsoever, including but not limited to the unavailability of the Vehicle or a substitute, cancel any booking or the agreement, without any liability whatsoever except to refund to the Customer any amount it has received in advance from the Customer in respect of Hire, provided, however, the termination was not caused by or in any way attributable to any breach by the Customer of any of the Terms and Conditions herein or any act, neglect or default on his part and in the event of such breach by the Customer, the Company will impose a minimal charge of $150 payable by the Hirer.
6. Use of the Vehicle
(a) The Vehicle shall be at the Hirer’s disposal during the Hire Period for the carriage of the Hirer and (subject to the carrying capacity of the Vehicle not being exceeded) the Hirer’s nominees.
(b) Hire is strictly limited to trips made with either the bride and/or groom onboard. Information on period of hire, dates for collection and return, times and address details are written into the Booking Form and/or the Schedule.
(c) Exclusive chauffeuring of third parties is chargeable, subject to the Chauffeur’s agreement and Vehicle’s availability. Payment for the charges must be made before the commencement of the Hire Period.
(d) Any extension of the Hire Period is charged on the basis of a per hour rate or any part thereof (regardless whether the extension is for an hour or any part thereof). The hourly charge is applicable upon booking of cars.
(e) Extensions of the Hire Period must be agreed with the Company in writing prior to the commencement of the period of hire. Whilst every effort will be made to accommodate requests for extension such extensions shall be subject to availability and the Company’s prior commitments.
(f) Unless otherwise agreed in writing the Vehicle shall not be used for display or advertising purposes.
(g) Strict adherence to the Company’s “NON-SMOKING” policy must be complied with at all times.
(h) It is hereby acknowledged and agreed that the Company and the Chauffeur reserve the right not take the Vehicle into what the Company and/or the Chauffeur deem in their sole discretion to be unsuitable areas/terrains. Such areas/terrains include but are not limited to;
(i) roads/lanes that are not designated “public “, (ii) roads/lanes that have not been paved,
(iii) single track roads/lanes that are rough and unsuitable for vehicular traffic. In such situations, the Hirer accepts the responsibility of finding alternative means of transport with no recourse to the Company for any form of refund.
(i) The Hirer shall ensure that all passengers treat the Vehicle with reasonable care and attention and return the Vehicle in the same condition that it was at the time of commencement of the Hire Period. Any damage and/or breakage to the Vehicle and/or its contents from whatever cause and howsoever caused during the Hire Period will be charged to the Hirer at new replacement cost.
(j) The Hirer shall ensure that passengers treat the Chauffeur with reasonable respect and cordiality and refrain from abusive behavior.
(k) When the Company should in it sole discretion deem necessary, the Hirer shall pay for all costs and expenses incurred for the cleaning of the Vehicle.
(l) The Hirer shall ensure that passengers observe at all times the seatbelt safety laws and to wear seatbelts at all times for their safety.
(m) The Hirer shall not:
(i)Place on the Vehicle or require the Company to carry on or in the Vehicle any weapons, explosives or anything creature, plant or fruit which is or that contain properties which are unfit for carriage, improperly packed, dangerous, explosive or inflammable, harmful, illegal, prohibited, contaminated or offensive smelling;
(ii)Load the Vehicle beyond the capacity which the Vehicle is legally permitted to carry;
(iii)Require the Company or the Chauffeur to break or use the Vehicle so as to break any provision of the Road Traffic Act [Cap 297] and all regulations made under such Act and/or by the competent authority.
(n) The Company and/or the Chauffeur reserve the right to immediately terminate the hire if any passenger displays any form of aggressive behavior (including abusive language) towards any passenger and/or the Chauffeur. The Hirer shall be responsible for arranging alternative means of transport, with no recourse to the Company for any claim or refund of monies paid.
(o) The Company and/or the Chauffeur shall have the right to terminate the booking if the Hirer or any member of his/its party:-
(i)causes delay for more than Fifteen (15) minutes; (ii)behave in a disorderly manner; or (iii)in the Chauffeurs’ sole discretion are unfit to travel. In the above cases there shall be no claims or refund of monies paid.
7. Traffic Conditions and Mechanical Failure
(a) Whilst the Company will make every effort to ensure timely arrival and departure with hire times in accordance with the Booking Form and/or The Schedule, the Company shall not be responsible for delays not within its control which will include but are not limited to delays caused by accidents, road closures, traffic jams and force majeure etc. In such cases, the Hirer will be informed by the Company and/or the Chauffeur communicating the revised times.
(b) A Fifteen (15) minute grace period shall be accorded for late arrival of the Vehicle due to weather, accident or any unforeseen occurrence subject to the sale discretion of the Company it will consider compensation for time lost.
(c) In the unlikely event of a Vehicle’s mechanical failure, the Company will provide replacement transport, subject to location and time restrictions. Provided always that it must be clearly understood that in an emergency, it may not always be possible to provide an identical car as the replacement vehicle.
(d) The Company’s vehicles are serviced and maintained to the highest levels however In the unfortunate event of breakdown the Company cannot be held responsible. In the event that the Company is unable to complete a booking due to circumstances beyond our control, a full refund will be given. Beyond this the Company shall not be liable for any additional costs incurred or the loss of any monies paid by the Hirer or other party for tickets etc for the events they are traveling to.
8. Wedding Car Decorations
(a) Only simple decorations approved by the Company shall be allowed to be put up on the Vehicle.
(b) Any damages to the Vehicle will be charged to the Hirer.
9. Limitation of the Company’s Liability
The Company’s liability in respect of any failure to provide any services under this Agreement shall be limited to the amount of the hire charge payable to the Company in respect of the period of such failure. The Company shall not be liable for any pecuniary or consequential loss allegedly arising from any breach of this Agreement by the Company.
The Hirer shall pay to the Company the amount required to indemnify the Company against any claim arising out of the custody or use of the Vehicle by the Hirer in pursuance of this Agreement and any costs and expenses associated with such a claim.
11, Electronic Communication
The Company shall act on the Hirer’s email confirmation unless the Hirer gives the Company prior notice in writing that this is not an acceptable means of communication. Should the Hirer confirm his acceptance via email of the terms herein contained the Hirer will be held liable for all costs and expenses incurred from date of the Hirer’s email acceptance transmitted to the
12. Legal and Other Costs
The Hirer shall be liable to the Company and shall indemnify the Company for all costs and expenses (including legal costs on a full indemnity basis) incurred or suffered by the Company in the exercise of any of the Company’s rights and remedies or in enforcing any of the provisions of this Agreement including ascertaining the whereabouts of the Vehicle or regaining possession of the Vehicle and preserving and storing the Vehicle thereafter and of any legal proceedings taken by the Company to enforce or attempting to enforce the provisions of this Agreement and the Hirer shall indemnify the Company from and against any and all losses and damages suffered or sustained by the Company as a result or consequence of the Company entering into this Agreement with the Hirer. This clause shall survive the termination of this Agreement.
13. Governing Laws
This Agreement shall be governed by the laws of the Republic of Singapore and the parties hereto agree to submit to the non-exclusive jurisdiction of the Courts of Singapore.