TERMS & CONDITIONS
TERMS & CONDITIONS FOR HIRING AGREEMENT (SHORT TERM LEASE)
This Schedule sets out the terms and conditions applicable to the Hire Agreement of a contract of hire between SMRT Taxis Pte Ltd and you. Please read this agreement carefully as this is a legal document.
This agreement becomes effective upon signing of the Hire Agreement.
1.1. Deposit shall mean the deposit of either S$100 payable by credit card or S$500 in cash or such other sum the Company may from time to time revise.
1.2. Rent shall mean the rent payable as set out in clause 3 of this Agreement.
1.3. Taxi shall mean the vehicle owned by the Company with valid license for operation as a taxi, bearing registration number issued by the Competent Authority and shall include all fittings, installations, and accessories at the time of this Agreement and affixed to the said vehicle in accordance with this Agreement from time to time.
1.4. GST shall mean Goods and Services Tax.
1.5. Competent Authorities shall mean any government body or statutory board.
1.6. Hirer shall mean the person who enters into this Agreement for a hire of a Taxi.
1.7. Website shall mean https://www.taxishare.com.sg/ or such other website which the Company may from time to time revise.
2. Hiring Agreement
2.1. The Company shall let and the Hirer shall hire the Taxi during the continuance of this Agreement subject to the payment of Deposit and Rent and to the provisions of this Agreement.
2.2. The ownership of the Taxi shall at all times remain with the Company and nothing herein shall be construed to express or imply any obligation on the Company's part at any time to transfer ownership thereof to the Hirer.
3. Deposit and Rent
3.1. The Hirer shall immediately upon the execution of this Agreement pay to the Company the Deposit as security for the due performance by the Hirer of his obligations under this Agreement. The Deposit may be used to offset any claims which the Company may have against the Hirer and in such event the Hirer shall immediately top up the balance sum to the quantum of the agreed Deposit.
3.2. The Hirer shall, upon the Company's demand, pay to the Company such amount as may be necessary to meet any increase in the Deposit.
3.3. The Deposit shall be refunded to the Hirer after ninety (90) days or such longer time as is required from the date of termination of this Agreement free of any interest less whatever amount due to the Company.
3.4. The Rent (including GST) shall be paid by the Hirer through the Website in the form of pre-purchased credits in his e-wallet ("Credits").
3.5. The Hirer shall pay for new or additional taxes (including but not limited to GST) levied on Rent or any other sum during the term of this Agreement to the Company under this Agreement.
4. Reservation and Collection of Taxi
4.1. The Hirer may make a reservation of an available Taxi for hire in advance through the Website. The Hirer shall reserve only one (1) Taxi at any one time for the same booking date and time period.
4.2. The Hirer acknowledges that reservations are subject to availability and made on a "first reserved first served" basis. The Company shall in no event guarantee and/or ensure the availability of a Taxi for hiring.
4.3. The duration of the hire of the Taxi shall:
- commence from the time a successful reservation is made ("Hire Start Time") and not based on the time the Taxi is unlocked.
- last until the end of the booking time as stated in the reservation. The Hirer shall indicate the cessation of his hire of the Taxi by clicking on the "End Trip" function in the Website ("Hire End Time").
4.4. Rent shall be paid in the manner as set out in clause 3.4 of this Agreement and upon the confirmation of a successful reservation of a Taxi by the Hirer.
4.5. The Hirer shall maintain a positive balance of Credits in his e-wallet at all times, failing which the Company:
- reserves the right to cancel any future reservations in its absolute and sole discretion.
- shall suspend the account of the Hirer upon which no reservation of a Taxi can be made until there is sufficient Credit in his account.
5. Collection of Taxi
5.1. The Company makes no guarantee but endeavours to allow early collection of the Taxi ten (10) minutes before the Hire Start Time.
5.2. The Hirer shall inspect the exterior and interior of the Taxi against the checklist in the glove compartment for any dents, scratches and/or damage on/ to the Taxi during collection of the Taxi.
5.3. The Hirer shall report any defects found on/ in the Taxi, whether listed in the checklist or otherwise, by taking and sending picture evidences of the defects to [email protected] before departing the place of collection of the Taxi. If no report is made before departing the place of collection, the Taxi shall be deemed to be in good and working condition and the Hirer shall be responsible for any and all damage to the Taxi, whether caused by the Hirer or otherwise.
5.4. The Hirer shall check if fuel light comes on upon ignition of the engine of the Taxi. The Hirer shall report any issues by taking and sending picture evidences of the fuel light to [email protected] within fifteen (15) minutes upon departure from the place of collection of the Taxi.
6. Return of Taxi
6.1. The Hirer is authorised to use the Taxi from the Hire Start Time to the Hire End Time. The hire of the Taxi may be extended, subject to availability, with another reservation made by the Hirer.
6.2. The Hirer shall return the Taxi to its designated place before the Hire End Time. The Hirer shall indicate the end of his hire of the Taxi by clicking on the "End Trip" function in the Website. A late return charge of S$10 shall be imposed on the Hirer if the trip is not ended successfully.
6.3. The Hirer shall return the Taxi:
- in the same condition as it was provided to him at the Hire Start Time. Subject always to clause 5.3, the Hirer shall be responsible for any repairs or refurbishment costs for any damage caused to the Taxi while the Taxi is in his possession.
- refuelled using the correct fuel. In the event the next hirer of the Taxi makes a report that the fuel light has come on, a charge of S$50.00 will be deducted from the Hirer's Credits in his e-wallet.
6.4. In the event the Hirer fails to return the Taxi to the designated location by the Hire End Time, the Hirer shall be charged S$10 for every 15-minute block of late return as compensation to the Company and the next hirer of the Taxi.
6.5. The Company shall not be responsible for and shall be entitled to dispose off any belongings left in the Taxi upon return of the Taxi in whatever manner it deems fit and the Hirer shall have no claim whatsoever against the Company.
7. Hirer's Obligations
During the continuance of the Agreement or for so long as the Hirer shall be in possession of the Taxi, the Hirer agrees and undertakes with the Company as follows:
7.1. To pay Rent and to pay all other monies that this Agreement provides are to be payable by the Hirer to the Company on their due dates or on demand (if so payable).
7.2. To procure and maintain all licences required or necessary to use and operate the Taxi, including but not limited to the payment and renewal of vocational licence.
7.3. Not to hold the Company responsible for loss of earnings if the Taxi is unavailable for use due to equipment, breakdown, repair and maintenance of the Taxi or inspection of the Taxi by the Competent Authority or for any other reasons.
7.4. To use the Taxi solely and exclusively for the purpose of providing public transport services.
7.5. To operate the Taxi for such minimum time or distance or both each day as may from time to time be required by the relevant authority or the Company.
7.6. Not to licence, assign or sublet or part with possession or dispose off the Taxi. Any other drivers, other than the one who entered into this Agreement will be deemed as "illegal drivers".
7.7. Not to use the Taxi or to permit or suffer the Taxi to be used in any manner contrary to any law or regulations and not to permit or suffer anything to be done which might cause the Taxi liable to be confiscated, seized or detained by any Competent Authority.
7.8. To observe and comply with all rules, regulations or directives from time to time and for the time being made by the Competent Authorities or the Company relating to the use and operation of the Taxi (including but not limited to the payment and renewal of vocational licence, radio licence and update of any change of particulars) and forthwith to comply with all summons and pay all fines and penalties arising out of any breach thereof.
7.9. To observe and comply with all rules, regulations or directives in the Driver's Handbook as amended from time to time or any special schemes relating to taxi operations as may be implemented by the Company from time to time.
7.10. To inform the Company as soon as possible of the name and address of any association, society, union or any other organisation or body of which the Hirer is a member.
7.11. To drive carefully and safely, to operate and use the Taxi in a manner acceptable to the Company and to permit a duly authorised servant or agent of the Company at all reasonable times to inspect the Taxi and for such purposes to enter upon the premises where the Taxi may be parked.
7.12. To take all reasonable steps to prevent any loss of or damage to the Taxi.
7.13. To notify the Company of any change in the address and contact details of the Hirer within 2 days of such change or any other particulars or relevant matters immediately upon such change.
7.14. To logon and check the functionalities of in-vehicle equipment such as the Mobile Data Terminal whenever the Hirer is driving and use the taxi automated despatch location system operated by the Company solely for the purpose of procuring bookings or in connection with the operation of the Taxi as such or in cases of emergencies and not otherwise.
7.15. Not to keep or leave articles, cash or any item of value in the Taxi and the Company shall not in any way be liable to the Hirer for any loss of such articles, cash or items howsoever arising.
7.16. Not to take any other Taxi on lease, hire, licence or otherwise howsoever from any person nor to operate any taxi other than the Taxi for the purpose of providing public transportation for reward.
7.17. To pay for whatever fuel usage, Electronic Road Pricing, parking charges, toll fees and other consumables necessary for and save as otherwise provided in this Agreement, all outgoings in connection with the normal operation of the Taxi.
7.18. Not to display, affix or paste any unauthorised installation, advertisement, label, artifact, marking, plate or notice in or to the Taxi or remove, obscure or deface any existing label, artifact, marking, plate, notice or installation affixed in or onto the Taxi.
7.19. To ensure that the Taxi is serviced and maintained by persons authorised by the Company and not to alter, add, modify or tamper with or to permit or suffer any unauthorised person to alter, add, modify or tamper with the Taxi or any component or part of the Taxi. If any unauthorised alteration, addition, modification, tampering or repairs are made to the Taxi or any component or part of the Taxi, the Hirer will be responsible and shall indemnify the Company for all rectification costs.
7.20. To check the following items daily before commencing operation
- - engine oil level
- - body condition
- - battery water level
- - condition and seal of the taximeter
- - radiator water level
- - tyre condition and pressure
- - brake oil level
- - smoke emission level
- - in-vehicle equipment
7.21. To ensure that the tyres are inflated correctly and not damaged and to ensure that the seal of taximeter is not tampered with and oil and water are topped up to the required level.
7.22. To maintain the Taxi in a clean, tidy and road worthy condition at all times.
7.23. To report promptly to the Company of any defects or faults in the Taxi and to deliver the said Taxi for such inspection and repair as may be necessary.
7.24. To display the valid driver's pass issued by the Company and Competent Authorities and be properly attired in the uniforms provided by the Company at all times whilst driving the Taxi.
7.25. To use, operate and/or drive the Taxi only in Singapore.
8.1. If the Taxi is involved in any collision or accident, the Hirer shall:
- notify the police or other proper authority within the time prescribed by law;
- notify the Accident Reporting Centre ("ARC") of the Company immediately and in no event later than the next working day, providing full details of the accident as the Company requires. The rental for the Taxi shall not be charged from the time the accident is reported to the ARC and for such period as the Taxi shall remain at the Company's authorized repair workshop for the accident repair;
- not abandon the Taxi without adequate provisions or safeguarding and securing the same;
- obtain the names and addresses of all the parties involved and all witnesses thereof;
- not offer or accept or purport to offer or accept any settlement or compromise;
- comply with all requests of the Company to provide assistance in any action or proceedings arising from such accident;
- collect the Taxi upon completion of repair and rental shall recommence three (3) hours after notification or upon collection of taxi, whichever is earlier; and
- pay for the cost of all repairs (plus GST) and the third party accident excess up to the prevailing amount as stipulated by the Company's Accident Excess Policy which may be amended from time to time.
8.2. The Hirer shall observe and comply with all the terms and conditions of any policy of insurance for the time being in force relating to the Taxi and not to do or permit or suffer anything to be done whereby such policy may be rendered void or voidable or any premium payable thereunder may be increased.
8.3. The Hirer authorizes the Company to deduct the third party accident excess amount (if any) from the Credit in his e-wallet in the event of an accident. The Company shall refund (if any) the balance of the third party accident excess amount, less the cost of the accident, once the details of the accident are finalized.
9. Repossession of Taxi
9.1. If the Hirer fails:-:
- To pay the Rent or any part thereof after the due date or after demand (if so payable); or
- To perform and observe any of the Hirer's obligations
9.2. The Company shall not be responsible for any article or property (whether of the Hirer or otherwise) left in the repossessed Taxi.
10. Company's Obligations
The Company hereby agrees with the Hirer that during the continuance of this Agreement as follows:
10.1. The Hirer paying the rent and complying with and observing the terms and provisions herein contained shall enjoy the use of the Taxi.
10.2. The Company shall procure and obtain all applicable insurance policies in relation to the Taxi and pay all insurance payable premiums and other fees or charges in respect of the Taxi to any Competent Authority.
10.3. The Company shall pay for the cost of any routine service and maintenance of the Taxi called for by the Company.
10.4. The Company shall operate the taxi booking system for use by the Hirer in conjunction with others permitted or authorised by the Company to use the same.
10.5. The Company shall provide 24-hour breakdown and emergency services at no extra cost to the Hirer in the event of breakdown of the Taxi or accident involving the Taxi.
11. Hirer's Liability for Damage to Taxi & Undertaking to Provide Assistance
In the event of loss of or damage to the Taxi and/or third party property arising from accident, collision or otherwise howsoever, the Hirer shall be liable as follows:
11.1. Where such loss or damage to the Taxi and/or third party property is occasioned by the Hirer's willful conduct or gross negligence, the Hirer shall pay the full cost of restoring or replacing the Taxi.
11.2. In all other cases, the Hirer shall pay the cost (plus GST) for restoring or replacing the Taxi in respect of all damage occurring after the Hirer has taken possession up to the prevailing amount as stipulated by the Company's Accident Excess Policy which may be amended from time to time.
11.3. The Hirer undertakes to comply with all requests of the Company to provide assistance in any action or proceedings arising from any accident or collision and this undertaking shall remain in full force and effect regardless of the termination of this Agreement howsoever.
12. Vehicle Breakdown
12.1. In the event of a vehicle breakdown, the Hirer shall click on the "Breakdown Button" on the Website and a tow service will be engaged.
12.2. The Company is not obliged to provide a replacement vehicle and all reservations made by the Hirer for the same Taxi within the next 12 hours will be cancelled.
12.3. The Company shall not be held responsible for any indirect or consequential losses suffered by the Hirer as a result of the vehicle breakdown including loss of profits, loss of business, loss of revenue, loss of anticipated savings and loss of goodwill.
13. Termination/ Withdrawal of Agreement
13.1. This Agreement may be terminated by either party giving the other party prior notice in writing.
13.2. The Company may immediately or at any time thereafter by notice in writing to the Hirer terminate this Agreement forthwith if:-
- the Hirer fails to maintain positive Credit balance in his e-wallet account; or
- the Hirer fails to perform or observe any terms and conditions of this Agreement which the Hirer is obliged to perform or observe; or,
- the Hirer conducts himself in a manner which in the Company's opinion is or may be prejudicial to the Company's reputation or interest; or,
- the Hirer commits an act of bankruptcy or has a receiving or adjudication order issued against him; or,
- any form of execution of distress is threatened, levied or issued against the Taxi or any of the Hirer's assets (and if levied or issued, the same is not withdrawal or discharged within seven (7) days; or
- the Hirer abandons the Taxi; or
- the happening of any event which in the opinion of the Company may affect the Hirer's ability to observe or perform his obligations under this Agreement; or
- the Hirer shall have offered or given or agreed to give to any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to be or for having done or forborne to do any action in relation to the obtaining or execution of this Agreement with the Company or for showing or forbearing to show favour or disfavour to any person in relation to this Agreement or any other contract(s) with the Company, or if the like acts shall have been done by any person employed by the Hirer or acting on his behalf (whether with or without the knowledge of the Hirer), or if in relation to this Agreement or any other contract(s) with the Company, the Hirer or any person employed by him or acting on his behalf shall have committed any offence under the Penal Code (Cap. 224) of the Prevention of Corruption Act (Cap. 241) or shall have abetted or attempted to commit such an offence or shall have given any fee or reward the receipt of which is an offence under the said Acts.
13.3. The termination of this Agreement shall not prejudice any other rights or remedies which the Company may have against the Hirer under this Agreement or at law or in equity.
13.4. The Hirer shall within twenty-four (24) hours of expiry of the notice of termination return the Taxi together with all accessories and fitting at such place as the Company may direct and in the same condition when the Hirer took possession, fair wear and tear excepted, failing which the Company shall retake possession of the Taxi and in so doing to enter onto any premises wherein the Taxi is believed to be located and to use such measures as may be necessary to gain access thereto without being liable to any action or proceeding at the suit of the Hirer or anyone claiming through or under him.
13.5. The Hirer shall within three (3) days of the date of repossession of the Taxi by or delivery of the Taxi to the Company, at his own cost collect his belongings left in the Taxi from the Company's premises failing which the Company shall be entitled to dispose off the belongings in whatever manner they deem fit and the Hirer shall have no claim whatsoever against the Company.
13.6. Upon the termination of this Agreement howsoever, the Company shall be entitled to:-
- recover from the Hirer and if deemed necessary, take legal action against the Hirer for any amount (Rent or otherwise) owed by the Hirer to the Company.
- recover from the Hirer all losses, expenses, costs (both legal and otherwise) and damages suffered or incurred by the company, including and without limitation, loss of rental and profits.
14.1. Save as otherwise expressly provided herein, the Hirer shall fully indemnify and keep the Company fully indemnified against all actions, claims, liability, loss, costs, expenses and damages whatsoever which the Company may incur or suffer directly or indirectly as a consequence of any seizure, confiscation, loss or repossession of the Taxi, or the occurrence of any event of default or accident, collision or otherwise in connection with this Agreement The Company's certification in writing of the amount to be paid by the Hirer hereunder shall be conclusive and binding on the Hirer.
14.2. The Hirer shall indemnify and keep the Company fully indemnified against all actions, claims, liability, loss, costs, expenses and damages whatsoever which the Company may incur or suffer directly or indirectly as a result of any breach by the Hirer of any of the terms herein including without limitation the Company's rules, regulations or directives which apply to the Hirer pursuant to this Agreement.
15. Relationship Between the Parties
15.1. For the avoidance of doubt, nothing in this Agreement shall constitute or be deemed to constitute the Hirer as an agent, partner or employee of the Company and the Hirer shall not take any action to hold himself out as otherwise than a hirer and the Hirer shall hold the Company harmless and indemnified from and against any and all loss, damages, costs and expenses suffered as a result of a breach of this clause.
16. Variation of Terms
16.1. The Company may from time to time add to or amend the provisions of this Agreement provided that the Company gives the Hirer a written notice ("Notice") to specify the term to be added or amended and such amendments shall take effect one (1) week after the date of the Notice ("Effective Date").
16.2. The Hirer may treat the Notice as a notice to terminate this Agreement served by the Company on the Hirer, provided the Hirer shall give the Company notice in writing of his intention to treat the Notice as such before the Effective Date and then this Agreement shall be terminated on the Effective Date.
16.3. If the Company does not receive any notice as described in clause 16.2 above, then it shall be deemed that the Hirer has accepted the addition to or amendment of this Agreement and shall be binding on the Hirer.
- Notwithstanding any other provision contained herein:
17.1. in no event shall the Company be liable to the Hirer for any special, indirect, incidental, consequential or economic losses or damages, even if the Company was advised of the same; and
17.2. The Company's total and cumulative liability for all losses or damages (except for liability for personal injury or death) arising out of or in connection with this Agreement or the termination of this Agreement shall not exceed the maximum aggregate of twenty per cent (20%) of the value of this Agreement.
18. Card Transactions
18.1. The Hirer shall accept payment of taxi fare by cards (including but not limited to credit cards and ezlink cards) and shall abide to the Company's rules and regulations relating to the card payment of taxi fares.
18.2. The Company shall not be responsible to any request for the payment of transactions if the Hirer:
- accepts charge card payment
- accepts credit card payment of $60 or more in a single transaction without proper authorisation;
- accepts credit card payment on fraudulent cards that the Company had earlier notified the Hirer;
- submits receipts for payment after the expiry of the credit card.
18.3. The Company shall not be responsible to any request for the payment of transactions and may, in its absolute discretion, suspend or terminate the Hirer if the Hirer incorporates unauthorised charges to the total taxi fare.
18.4. The Company will pay 100% of the taxi fare if the amount for any single credit card transaction is less than $60.00 and the card is found to be fraudulent provided the Hirer exercises due care to ensure that the card is not fraudulent.
Notwithstanding to the above sub-clauses a. to d., the Hirer should submit any request for payment within fourteen (14) days of the trip made except for Taxis installed with on-line credit card system.
The Company has a right to suspend the Hirer from driving the Taxi for up to a maximum of seven (7) days pending outcome of investigation into any alleged misconduct or offence committed by the Hirer. Notwithstanding such suspension, the Hirer shall pay to the Company the full Rent for the suspended days but in the event that the Hirer is found not guilty of the alleged misconduct or offence, the Company shall refund or credit to the Hirer, the Rent paid by the Hirer to the Company during his suspension.
Any notice or communication to the Hirer shall be deemed to have been sufficiently served on the Hirer if sent by post to the address of the Hirer shown herein or to such other address as the Hirer shall have first notified the Company in writing and such notice or communication shall be deemed to have been received by the Hirer on the third day (not including Sundays and Public Holidays) after posting.
21. Service of Process
The Hirer hereby agrees that personal service on the Hirer of any court process or other documents shall be effected by post and service shall be deemed to have been effected two (2) days after the date of posting if posted to an address in Singapore or seven (7) days after the date of posting if posted to an address outside Singapore being the last known address of the Hirer as recorded or as subsequently Certificate of Posting or Registered Article receipt evidencing such posting shall be conclusive evidence.
The Company may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under this Agreement. The Hirer shall not assign, transfer, mortgage, charge, subcontract or deal in any matter with all or any of its rights or obligations under this Agreement except with the Company's consent.
Except with the Company's consent in writing, the Hirer may not disclose this Agreement or any provisions thereof or any information issued or furnished by or on the Company's behalf in connection therewith to any person, nor use such information for any other purpose whatsoever.
24. Governing Law
The construction, validity and performance of this Agreement shall be governed in all respects by the laws of Singapore. The Hirer hereby submits to the exclusive jurisdiction of the Courts of Singapore. A person who is not a party to this Agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 2001.