The parties to this agreement are:
@limou21.com Limou 21 Transport Services ("the Company") of the one part and ("the Hirer") of the other part.
- The expression "the Vehicle" means the motor car described in the Schedule attached or a motor car of an equivalent description.
- 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.
- The Company's Obligations
The Company undertakes:
- to make the Vehicle available to the Hirer for the Hire Period together with the services of a duly licensed driver ("the Chauffeur"); and
- 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.
- 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.
- 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.
- 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 $50 payable by the Hirer.
- 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.
- Use of the Vehicle
- 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.
- 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.
- 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.
- 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.
- 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.
- Unless otherwise agreed in writing the Vehicle shall not be used for display or advertising purposes.
- Strict adherence to the Company's "NON-SMOKING" policy must be complied with at all times.
- 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;
- roads/lanes that are not designated "public ",
- roads/lanes that have not been paved,
- 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.
- 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.
- The Hirer shall ensure that passengers treat the Chauffeur with reasonable respect and cordiality and refrain from abusive behavior.
- 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.
- The Hirer shall ensure that passengers observe at all times the seatbelt safety laws and to wear seatbelts at all times for their safety.
- The Hirer shall not:
- 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;
- Load the Vehicle beyond the capacity which the Vehicle is legally permitted to carry;
- 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.
- 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.
- The Company and/or the Chauffeur shall have the right to terminate the booking if the Hirer or any member of his/its party:-
- causes delay for more than Fifteen (15) minutes;
- behave in a disorderly manner; or
- in the Chauffeurs' sole discretion are unfit to travel.
In the above cases there shall be no claims or refund of monies paid.
- Traffic Conditions and Mechanical Failure
- 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 limes.
- 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.
- 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.
- 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.
- 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.
- 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 Company.
- 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.
- 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.