Fiat Doblo Cargo Maxi 1.6 Diesel Auto

VEHICLE RENTAL AGREEMENT

LUMINOUS MOTORS (PTE. LIMITED)

UEN No: 201716987N

TEL NO: 8498 6826

ADDRESS: 437 TAMPINES STREET 43, #06-135, S(520437)

This Vehicle Rental Agreement (the “AGREEMENT”) is entered between the OWNER and the HIRER (each a “PARTY”, and collectively, the “PARTIES”) for the rental of the VEHICLE, subjected to the following Terms & Conditions:

1) DEFINITIONS & INTERPRETATIONS

In this AGREEMENT, unless the context otherwise requires:

1.1) AGREEEMENT - means this Vehicle Rental Agreement, including all amendments, additions and variations thereto agreed in writing between the PARTIES;

1.2) OWNER - refers to LUMINOUS MOTORS (PTE. LIMITED) with Company Registration Number 201716987N, a company incorporated in Singapore, and its successors-in-title, assigns and agents.

1.3) HIRER(S) - refers to the Person signing this AGREEMENT, whose particulars are specified in Table (I) below, which the charges incurred under this AGREEMENT are to be billed, including the additional driver(s) permitted to drive the vehicle with the written consent of the OWNER.

1.4) AUTHORISED DRIVER(S) - means Person(s) with a valid driving license (i.e. HIRER / Additional Drivers), who fulfils all of the Driver Qualifications mentioned in Table (II) with a subsisting approval from the OWNER to use the VEHICLE.

1.5) VEHICLE - means the motor vehicle mentioned in Table (III), including any substitute / replacement vehicle) registered with the Land Transport Authority and belonging to the OWNER.

1.6) PARTIES - refers to the OWNER and HIRER. "PARTY" is a reference to either of them, including their successors and permitted assigns.

1.7) RENTAL PERIOD - means the Period of Hire for the VEHICLE mentioned in Table (IV), as agreed between the PARTIES.

1.8) RENTAL CHARGES - means the Amount Payable by HIRER for the use of the VEHICLE mentioned in Table (IV).

1.9) SECURITY DEPOST - means the Deposit Amount Payable mentioned in Table (IV) which serves as financial security for the OWNER against potential damages to the VEHICLE and/or breach of this AGREEMENT by the HIRER. It is refundable upon the return of the VEHICLE, subject to deductions for any outstanding amounts, including unpaid rental fees, damages to the VEHICLE, or damages arising from violations of this AGREEMENT.

1.10) MAINTENANCE & REPAIR - means the servicing, maintenance and/or repair of the VEHICLE.

1.11) INSURANCE EXCESS PAYMENT - means the amount payable by the HIRER when an insurance claim is made under the OWNER’s Insurance policy for any accident, loss or damage to the VEHICLE, where fault is wholly or partially attributed by Insurer to HIRER.

1.12) LOSS - means any loss, damage, cost, expense, claim, demand, action, proceeding and/or other liabilities of any kind, however arising.

1.13) REPOSSESSION - means the legal act of reclaiming procession (by locating, securing and retrieving) of the VEHICLE by the OWNER due to HIRER’s failure to comply with the terms of the AGREEMENT.

2) RENTAL OF VEHICLE

2.1) The OWNER shall rent the VEHICLE to the HIRER for the RENTAL PERIOD, subject to the Terms & Conditions of this AGREEMENT.

2.2) The HIRER assumes responsibility of the VEHICLE from the moment the VEHICLE is collected, and remains liable for any loss, damage, theft, excess charges, fines, penalties or claims arising from accidents involving the VEHICLE (and properties or belongings left inside), until it is returned to the OWNER;

2.3) The OWNER has the right to retain any property left in the VEHICLE until the HIRER settle all outstanding amounts in full. If the property remains unclaimed after THREE (3) days from the date of the VEHICLE is returned or repossessed, the OWNER may dispose of it at the HIRER’s cost without incurring liability;

2.4) The OWNER may retain possession of any property found in the VEHICLE pending settlement in full by the Hirer of any and all sums due to the Owner.

2.5) If the VEHICLE is damaged or lost, the HIRER must pay the Insurance Excess to the OWNER. The amounts for the Insurance Excess are listed in the Clause 9, but these may change at the OWNER's discretion;

2.6) If the VEHICLE’s damage or loss is not covered by the OWNER's insurance, or if the insurer refuses to cover the damage due to the HIRER's actions (e.g., using the Vehicle for unlawful purposes), the HIRER will be fully responsible for the total loss or damage;

2.7) The HIRER acknowledges that the VEHICLE shall at all times remain the property of the OWNER, and the HIRER shall have no right, title or interest in or to the Vehicle (save the right to use the Vehicle during the RENTAL PERIOD, subject to the terms and conditions of this AGREEMENT;

2.8) The HIRER shall at their own expense, collect and return the VEHICLE from the location specified by the OWNER. Upon collection of the VEHICLE, the HIRER must immediately inspect and test its condition and functionality. Any defects, deficiencies, or malfunctions found must be reported to the OWNER and recorded on a Handover / Takeover Vehicle Inspection Checklist, done pre-collection and return;

2.9) Unless otherwise indicated on the Vehicle Inspection Checklist, the VEHICLE will be considered to have been delivered and accepted by the HIRER in good working order, free from any defects, deficiencies, or malfunctions.

3) QUALIFICATIONS OF AUTHORISED DRIVERS (NAMED HIRER & ADDITIONAL DRIVERS)

The HIRER represents and warrants to the OWNER that:

3.1) The HIRER and the Named Additional Driver(s) are:

a) Duly qualified drivers of at least 22 years of age;

b) Possesses a valid Singapore Driver’s License in relation to VEHICLE, with at least two (2) years of driving experience;

3.2) The HIRER and the Named Additional Drivers(s) has NOT had:

a) Any of his/her application for motor insurance policy rejected or having special conditions imposed on;

b) Increased premium imposed on any insurance policy by reason of his/her claim experience;

c) Been an undischarged bankrupt;

3.3) Only the HIRER and the Named Additional Drivers will operate the VEHICLE and any driving suspensions (due to accumulation of demerit points from traffic violations), accident, breakdowns, failures, or incidents of seizure or confiscation of the VEHICLE during the RENTAL PERIOD will be reported to the OWNER immediately;

3.4) In any circumstance where an unauthorised driver is found operating the Vehicle, the OWNER reserves the right to immediately repossess the VEHICLE, and the HIRER and the unauthorised driver will be held fully responsible for any vehicular accident, damage, loss, fire, or theft caused to the VEHICLE.

4) RENTAL CHARGES & FEES

4.1) RENTAL CHARGES & SECURITY DEPOSIT

In exchange for the hire of the VEHICLE for the RENTAL PERIOD, the HIRER shall pay the OWNER the RENTAL FEE and a REFUNDABLE SECURITY DEPOSIT. The rental includes a mileage allowance of 125 km per day for non-PHV (Private Hire Vehicle) use. Any mileage exceeding the included allowance will incur a Excess Mileage Charge of SGD 0.60 per Additional Kilometre. PHV use includes unlimited mileage.

4.2) Deductions / Return of SECURITY DEPOSIT

The OWNER reserves the right to deduct from the SECURITY DEPOSIT any outstanding amounts (e.g. unpaid rental fees, fines, damages to the VEHICLE or any breaches of this AGREEMENT). Such deductions shall be made at the OWNER’s sole discretion and without prior notice to the HIRER. Any remaining Security Deposit shall be refunded to the HIRER after the VEHICLE is returned in satisfactory condition.

4.3) Additional Fees

Both PARTIES acknowledge and agree that in addition to the RENTAL FEE and SECURITY DEPOSIT, the HIRER may be liable for additional fees set out in the AGREEMENT, including any fees payable for failure to comply with the Terms & Conditions.

5) HIRER OBLIGATIONS

The HIRER acknowledges and agrees to the following:

5.1) Driving Conduct & Traffic Violations During Rental Period

Drive in a careful and skilful manner, in compliance with all traffic laws & regulations. All fines, penalties, legal proceedings (e.g. Police/Traffic Court Summons) incurred during the RENTAL PERIOD will be the sole responsibility of the HIRER.

5.2) Permitted Use

Use the VEHICLE with all reasonable care;

a) In accordance with all applicable laws & regulations within Singapore, including any Road Traffic Codes, Laws & Regulations with respect to Insurance Coverage etc;

b) With due care and diligence, in accordance with all recommendations, conditions and specifications made or prescribed by the manufacturer or distributor of the VEHICLE;

c) Only within the territorial limits of Singapore. If the VEHICLE is taken out of Singapore for any reason without notice, the HIRER shall be held liable and fully liable for all associated costs and expenses including, but not limited to damages, repairs, towing fees, fines, legal claims arising from such unauthorised use.

5.3) Prohibited Uses

Shall NOT and ensure no person shall, at any time:

a) Use / permit the VEHICLE to be used for any illegal purpose which contravenes in any law, rule or regulations in force in Singapore, which may subject the VEHICLE to be liable to seizure, confiscation or forfeiture (e.g. smuggling / transportation / storage of illegal drugs, illegal parking);

b) Overload / carry passengers beyond the VEHICLE’s licensed weight limit;

c) Use the VEHICLE for any unauthorised purpose (e.g. giving driving lessons, for speed-testing, reliability trials, towing, racing or competing in any form of motor sports);

d) Use, operate or drive the VEHICLE under the Influence of any intoxicating substance / liquid (e.g. alcohol) / drug;

e) Modify, alter, or deface the VEHICLE without the OWNER’s written consent (e.g. adding/removing accessories / paintwork, applying advertising, etc); Any approved modifications shall become part of the VEHICLE and remain the property of the OWNER at no cost. If unauthorised modifications are made, the HIRER must remove them immediately upon the OWNER’s request;

f) Dispose/sell, sublet, pledge, mortgage, or otherwise transfer or create any claim, lien or encumbrance on the VEHICLE for any reason;

g) Take any action that voids or compromises the OWNER’s Standard Vehicle Insurance Policy.

5.4) Return of the VEHICLE

The HIRER shall return the VEHICLE together with all equipment and accessories intact, on the agreed return date (or earlier if requested by OWNER) in as good order and same condition as the VEHICLE was when collected by the HIRER from the OWNER.

6) INDEMNITY

6.1) The OWNER shall not be liable for any indirect, incidental, special, or consequential damages not covered by insurance and arising from or related to the use of the VEHICLE, including but not limited to loss / damage of articles (personal belongings, valuables) stored or left in the VEHICLE, loss of profits, businesses, or inconveniences (from belated delivery of the VEHILCE) suffered by the HIRER or any third parties;

6.2) The HIRER agrees to fully indemnify and hold harmless the OWNER from and against all claims, losses, damages, penalties, liabilities, demands, costs, charges, and expenses (including legal costs) arising out of or in connection with:

a) Any breach by the HIRER of any term or condition of this Agreement;

b) Any act, omission, negligence, or misconduct by the HIRER or any person permitted by the HIRER to use the VEHICLE;

c) Any loss or damage to the VEHICLE not covered by insurance, including any loss arising from unauthorised use, reckless driving, or failure to comply with applicable traffic laws and regulations;

d) Any injury or damage caused to third parties, including but not limited to bodily injury, death, or damage to property, as a result of the use or operation of the VEHICLE by the HIRER;

e) Any fines, penalties, or legal consequences imposed due to the HIRER’s failure to comply with traffic laws, toll fees, or parking violations incurred during the rental period.

6.3) The HIRER acknowledges and agrees that upon taking delivery of the VEHICLE, he/she have inspected it and deemed it to be in good and roadworthy condition. The OWNER shall not be responsible for any mechanical failure, defect, or breakdown of the VEHICLE during the rental period unless such failure is directly due to pre-existing mechanical faults known to the OWNER.

6.4) The HIRER signing this AGREEMENT assumes full personal responsibility, jointly and severally with the additional drivers named in this AGREEMENT.

7) MAINTENANCE, CARE & REPAIRS

7.1) The OWNER shall provide the VEHICLE in good, working condition and will at its own cost provide Maintenance & Repair to the extent of:

a) Regular Servicing as recommended by the Manufacturer / Distributor of the VEHICLE;

b) Associated Wear & Tear (e.g. worn out tyres);

c) Defects not caused by HIRER’s neglect, act, omission or failure to comply with the terms of the AGREEMENT

7.2) The HIRER shall ensure the VEHICLE is in good running condition and shall bear all cost and expenses associated with the VEHICLE including:

a) General Care: Ensuring the VEHICLE is properly parked and locked when unattended;

b) General Upkeep: Ensuring the VEHICLE is not overheated, has adequate fuel, water and prescribed tire pressure.

c) Refuelling: The HIRER shall ensure that the VEHICLE is refuelled using unleaded 95/98 or V Power Petrol. The VEHICLE must be returned with the fuel level as at the start of the rental. Otherwise, a Petrol Reimbursement SGD40 per 10% of Fuel shall be charged

d) Returning the VEHICLE Clean: Failure to do so will result in Cleaning & Sanitisation Fees, as follows:

Standard Cleaning Charge: SGD 20 for minor cleaning.

Deep Cleaning & Sanitisation Charge: SGD 150 for Smoking, Food Consumption, Pet Transportation or Severe Soiling

7.3) Any VEHICLE issues (breakdowns or mechanical issues) must be reported to OWNER before attempting repairs.

7.4) Only OWNER-approved Workshops may perform Maintenance & Repairs. Unauthorised Repairs/Modifications will incur a Penalty of SGD 3,000.

7.5) The HIRER shall pay an Incident Charge of SGD50, in addition to Repair / Servicing Costs at OWNER-approved Workshops if the VEHICLE breaks down due to non-wear-and-tear / negligence issues (See Appendix for examples).

7.6) If the HIRER requires assistance on-site for emergency / non-wear-and-tear / negligence issues, an Offsite Service Charge of SGD 80 - SGD 120 shall apply. This charge covers transportation and service costs incurred by the OWNER to provide on-site assistance.

7.7) The HIRER is responsible for any traffic or parking fines incurred during the RENTAL PERIOD. If the OWNER settles any fines on the HIRER’s behalf, the HIRER shall pay the OWNER the Full Fine Amount PLUS an Administrative Charge for Fine Processing / Settlement of SGD 30 per Fine. The HIRER remains fully responsible for any legal consequences arising from such violations, regardless of whether the fine is disputed.

8) DAMAGE & REPAIR LIABILITY

8.1) The HIRER shall be fully responsible for any damage to the VEHICLE during the RENTAL PERIOD, including but not limited to:

a) Physical Damage – Any dents, scratches, cracks, or structural damage;

b) General Damages – Any non-wear-and-tear, mechanical, electrical, or cosmetic damage caused by negligence, misuse, or improper handling.

8.2) The HIRER shall immediately pay for all repair costs unless an alternative arrangement is agreed upon in writing by the OWNER.

9) INSURANCE & LIABILITY

9.1) The VEHICLE is insured under a Standard Insurance Policy in accordance with the laws of Singapore, covering third-party injury, death or passenger risk liability. The HIRER agrees to be bound by the Terms & Conditions of the said policy which can be provided for inspection upon request.

9.2) The policy does NOT cover any unauthorised drivers found to be operating the vehicle including:

a) Drivers below 22 years old or;

b) Drivers holding a valid Singapore Class 3 license for less than two (2) years

9.3) The HIRER shall bear an Insurance Excess Payment of SGD 8,000 ** if a claim is made under the OWNER’s Insurance Policy for loss/damage to the VEHICLE, subjected to the following conditions:

a) HIRER at Fault: If the HIRER is determined to the Insurer to be wholly or partially at fault, the Insurance Excess of SGD 8,000 is payable before the processing of the claim.

If the HIRER is deemed to be not at fault, and the other/third-party admits liability, the OWNER may waive the excess or recover it from the other/third-party’s insurer;

b) Claim Rejection: If the Insurer rejects the claim due to the HIRER’s actions, omissions or policy violations (e.g. reckless driving, unauthorised driver, driving under influence), the HIRER shall be FULLY LIABLE for all the Repair & Replacement Costs, including any Damages.

9.4) ACCIDENT REPORTING - TO BE DONE AS SOON AS POSSIBLE TO OWNER, INSURER/ARC & SPF WITHIN 24 HOURS FROM THE ACCIDENT **

In the event of an accident, the HIRER agrees to:

a) Obtain the Names, Addresses & Contact Details as appropriate of all parties & witnesses involved in the accident, and not admit liability or guilt without advance notice to the OWNER;

b) Not abandon without adequate safeguarding provisions;

c) Take photos of the accident scene, including its location/road of the accident, license plates and condition of all vehicles etc to get sufficient photographic footage of the scene and context of the accident;

d) Immediately notify the OWNER and the OWNER’s Insurer of the accident to obtain further advice on the accident;

e) Call for a tow-truck if needed. If there are injured parties in an accident, call for medical assistance.

f) Make a Traffic Accident Report (in-person/online) to the Singapore Police Force (SPF) if the accident involves:

1. Fatalities;
2. Damage to Government Property;
3. Foreign vehicles;
4. Pedestrian or cyclist;
5. Hit-and-run case; or; Injury cases where:

* At least one person involved in the accident was taken to hospital from the accident scene by an ambulance/self-conveyed or

* Any party involved in the accident was injured and obtained outpatient medical leave for 3 days or more.

g) Contact an approved Accident Reporting Centre (ARC) to lodge a “Singapore Accident Statement” to be submitted to the OWNER’s Insurers to avoid breaching the insurance policy’s terms & conditions, which may affect the claims process;

h) Deliver to the OWNER all correspondence, writs, or documents received in relation to any accident involving the VEHICLE;

i) Comply with all requests by the OWNER to assist in any litigation or investigation

10) VEHICLE GLOBAL POSITIONING SYSTEM (GPS) & ENGINE IMMOBILISATION SYSTEM FOR VEHICLE TRACKING & REPOSSESSION

10.1) The VEHICLE may be equipped with a Global Positioning System (GPS) Tracking Device and an Engine Immobilisation System;

10.2) The HIRER shall not remove or request the removal of these devices from the VEHICLE;

10.3) If the HIRER fails to return the VEHICLE to the OWNER and/or breaches any terms of this AGREEMENT, the OWNER and its agents reserves the right to track, immobilise and repossess the VEHICLE at any time without prior notice and shall be indemnified against all claims, including but not limited to privacy concerns;

10.4) The OWNER may repossess the VEHICLE at the HIRER’s expense, and the HIRER shall be fully responsible for any consequences arising from this action;

10.5) The OWNER is permitted to track and immobilise the VEHICLE at any time and shall be indemnified against all claims, including but not limited to privacy concerns relating to this provision;

11) PAYMENT DEFAULTS, LATE PAYMENT / RETURN & POLICY ON NO-WAIVER

11.1) Return of VEHICLE due to Payment Defaults

If the HIRER fails to pay any amount due to the owner (including but not limited to Rental Charges, Damages, or any other monetary obligations), the HIRER must return the VEHICLE to the OWNER on the same day, within 4 hours or be liable to pay Late Payment Charges.

11.2) Late Payment / Return Charge ***

If the HIRER fails to make payment of rental fees or any other monetary obligations by the due date OR return the VEHICLE on time, a Late Payment / Return Charge of SGD80 per day shall apply***

The HIRER shall be liable to pay this charge along with the Outstanding Rental Fees and any other unpaid amounts.

11.3) Strict No-Waiver Policy

The HIRER acknowledges and agrees that the OWNER operates under a strict NO-WAIVER policy concerning any fees, charges or obligations arising from overdue payments, repossession and related services. The HIRER remains fully liable for all amounts due under this AGREEMENT as they become payable.

12) LIABILITY FOR BREACH & REPOSSESION & DAMAGES FROM BREACH OF AGREEMENT ***

If the HIRER breaches any terms of this AGREEMENT (See Appendix on examples of Common Breaches), the OWNER reserves the right to repossess the VEHICLE within 24 hours without further notice.

In such cases, the HIRER shall be liable to pay the following:

12.1) A Repossession Fee of SGD 800 if repossession is needed, to cover Administrative, Transportation and Enforcement Costs;

12.2) Breach of Contract Penalty of SGD 2,000 for failure to adhere to contractual obligations;

12.3) All Losses/Damages suffered by OWNER from the Breach and Costs & Expenses incurred by OWNER in enforcing the AGREEMENT, including the following but not limited to:

a) Legal Fees & Debt Recovery Fees associated with enforcing the AGREEMENT or reclaiming outstanding dues;

b) Loss of Use Charges if the VEHICLE is unavailable for rental due to damage or impoundment;

c) Fines & Penalties imposed by authorities or private parties due to illegal parking or other infractions

The OWNER may enter any premises where the VEHICLE is reasonably believed to be located for repossession and shall not be liable for any loss or damage to property caused during the process.

13) TERMINATION OF AGREEMENT

13.1) By OWNER

The OWNER reserves the right to terminate the AGREEMENT without prior notice to the HIRER under the following circumstances:

a) Emergency Repairs & Maintenance: Repairs or maintenance to the VEHICLE and its components due to Accidents / Breakdown;

b) Force Majeure Events: Natural disasters, including fire, blackout, earthquake, volcanic eruption, flood, tsunami, or any network/system failure;

c) Civil Unrest: War, riots, strikes or disturbances that may impact the AGREEMENT;

d) Security & System Concerns: System overload, security vulnerabilities or any risk deemed critical by OWNER;

e) Other Operational / Technical Reason: If the OWNER, in its sole and absolute discretion, assesses that it is not commercially viable for OWNER to continue rental of the VEHICLE under the AGREEMENT or if the HIRER does any acts which may prejudice or jeopardise the OWNER’s property in or right to the VEHICLE;

f) Breach / Non-Compliance of AGREEMENT Terms & Conditions by HIRER (e.g. Default Payments, Driver License Suspension etc) The OWNER shall not be liable for any loss or inconveniences suffered by the HIRER due to the termination of the rental under these circumstances.

13.2) By HIRER

If the HIRER is unable to continue / sustain making his / her Rental Payments or terminates the AGREEMENT prematurely before the agreed RENTAL PERIOD, the following terms shall apply:

a) Early Termination Fee

The HIRER shall be liable to pay the OWNER liquidated damages in the form of a Penalty of SGD 500- or an Early Termination Fee, calculated as 50% x Pro-Rated Remaining Rental Charges for the Uncompleted Rental Period; whichever is higher

b) No Refund of Pre-Paid Amounts

Any pre-paid rental fees shall be forfeited, and no refunds shall be issued for the unused rental period. The OWNER reserves the right to retain any pre-paid Rental and Security Deposit to offset outstanding amounts, if necessary.

14) PERSONAL DATA

PARTIES shall comply with the Personal Data Protection Act (PDPA) and implement reasonable security measures to prevent unauthorized access, use, or disclosure. Neither party shall use, disclose, or retain such data beyond the agreed purposes or as required by law without prior written consent.

15) GENERAL

15.1) Neither PARTY may transfer or assign its rights or obligations under this AGREEMENT. Any changes to this agreement must be agreed upon in writing. Any part found invalid or unenforceable shall be modified or removed without affecting the rest of the AGREEMENT.

15.2) This agreement is governed by the laws of the Republic of Singapore, and disputes shall be settled in Singapore Courts.

9) INSURANCE & LIABILITY

9.1) The VEHICLE is insured under a Standard Insurance Policy in accordance with the laws of Singapore, covering third-party injury, death or passenger risk liability. The HIRER agrees to be bound by the Terms & Conditions of the said policy which can be provided for inspection upon request.

9.2) The policy does NOT cover any unauthorised drivers found to be operating the vehicle including:

a) Drivers below 22 years old or;

b) Drivers holding a valid Singapore Class 3 license for less than two (2) years

9.3) The HIRER shall bear an Insurance Excess Payment of SGD 8,000 ** if a claim is made under the OWNER’s Insurance Policy for loss/damage to the VEHICLE, subjected to the following conditions:

a) HIRER at Fault: If the HIRER is determined to the Insurer to be wholly or partially at fault, the Insurance Excess of SGD 8,000 is payable before the processing of the claim.

If the HIRER is deemed to be not at fault, and the other/third-party admits liability, the OWNER may waive the excess or recover it from the other/third-party’s insurer;

b) Claim Rejection: If the Insurer rejects the claim due to the HIRER’s actions, omissions or policy violations (e.g. reckless driving, unauthorised driver, driving under influence), the HIRER shall be FULLY LIABLE for all the Repair & Replacement Costs, including any Damages.