Rental Agreement

This Rental Agreement is made between Motorway Car Rentals Pte Ltd. (hereinafter referred to as “The Owner”) and the Hirer whose particulars and signature appear overleaf (hereinafter referred to as “The Hirer”) is subject to all the terms and conditions herein provided.

  1. Commencement of Rental will be on the date and time the Hirer takes delivery of the Vehicle.
  2. Unless the Hirer notify to the Owner and state the same in the Vehicle Check List any defects to the vehicle at time of the delivery, the vehicle shall be deemed to have been delivered and
    accepted by the Hirer in good repair and working condition with all fittings, accessories, tools, fuel tank and spare tyre.
  3. At the end of the rental period, the Hirer shall return the Vehicle to the Owner in the same good order and working condition as was delivered. The full cost of all damaged and missing items
    will be borne by the Hirer and payable in full.
  4. The Vehicle may only be driven by the Hirer or by the person(s) who have been expressly designated and authorised in the Rental Agreement. There shall be no insurance coverage for
    unauthorised drivers.
  5. The Hirer confirms that he and any other person(s) authorised driver to drive the Vehicle :-
    • are between the ages of 24 and 60.
    • each holds a current driving license valid under the laws of Singapore enabling him to drive the Vehicle.
    • each has at least 2 years of satisfactory driving experience of a Vehicle in the same category or class as that of the Vehicle.
    • are currently not under any disqualification or suspension from driving any Vehicle.
    • it is mandatory that the authorized driver/Hirer must convert from foreign driving license into a valid Singapore driving license so as to continue driving in Singapore after 12 months of staying here (from the date of the last entry into Singapore)Thereafter the Hirer shall provide a copy of the converted license to the Owner.
    • do not suffer from any mental or physical infirmity or uncorrected defective vision or hearing.
    • agree that the Vehicle will not be used for racing or speed trials, towing of other vehicles, carrying goods or passengers for hire or reward, driving on unpaved road, giving driving lessons, and other illegal or immoral activities.
    • have been notified that the Vehicle can only be driven within Singapore. Please refer to Clause 13.
    • shall not make any alterations, changes or remove any parts whatsoever from the Vehicle without the prior written consent of the Owner.
    • agree to protect the interest of the Owner and the Owner’s insurance company in the event of an accident during the period of hire by :- Signature of Hirer
      • obtaining names and addresses of parties involved and witnesses
      • not admitting fault and liability to the accident
      • immediately notify the Owner of the accident
      • giving a detailed report including an accurate diagram even in the case of slight damage within 24 hours to the Owner’s insurance company, or to the Police station if there are any injuries involved
    • have been notified that the Vehicle will not be insured after the agreed return date and/or date on which advance rental paid expired. The Owner must be notified of intended extension of rental at least 3 hours prior to expiry of rental and payment for the extended rental must be made to the Owner within 24 hours. Failure by Hirer to comply will leave the Owner with no alternative but to treat the matter as a fraud/theft case and a police report will be lodged forthwith.
  6. The Vehicle has been insured for Singapore use only to cover :-
    • all Third Party risks and liabilities as required by Singapore law.
    • all damage to Third Party property.
    • damage to Vehicle (subject to Clause 7 below).
    • loss or theft of Vehicle.
  7. In the event that the Vehicle or any part thereof is damaged as a result of any accident, the following will apply:-
    • The Hirer shall pay to the Owner that Excess amount or the reduced non-waiverable Excess amount (Hirer paid this CDW fee from the onset of Hire) in respect of each and every accident regardless on whether the Hirer is at fault. The Excess is DOUBLE for accidents and damage occurring in Malaysia.
    • Only upon the successful claim from the third party insurance will the Excess be refunded back to the Hirer.
    • The Hirer agrees that after the windscreen or window glass claim, the Excess amount or the reduced non-waiverable Excess amount will be borne by the Hirer.
    • The Hirer also agrees that the Owner may in its absolute discretion conduct any negotiations and effect any settlement with the insurers and agrees to abide by any such settlements.
    • In the event of any damage and loss to the Vehicle caused by negligence and/or contravention of any statutes or regulations by the Hirer or his authorised drivers which result in the insurers repudiating liability for such damage and loss the Hirer shall be liable for all damage to the Vehicle (including loss of use) and shall indemnify the Owner against all cost, claims and liabilities arising out of such negligence or contravention. Damage to the undercarriage is not covered by Insurance.
    • The excess for Inexperienced and Elderly Driver, less than 2 years of satisfactory driving experience or less than 24 years old and elderly drivers more than 60 years old, will carry additional $3,000 on top of the applicable excess.
  8. Further to Clause 7.a above, the Hirer may elect to partially waive the first Excess amount (specified in the Rental Agreement) in respect of any single accident with the payment of an additional
    Collision Damage Waiver fee as specified overleaf. The partial waiver of Excess is expressly subject to and conditional upon the following:-

    • Damage to the Vehicle (even for slight damage) resulting from each and every accident must be reported to the Owner and the insurance company within 24 hours from the time of
    • Damage to the Vehicle was not the result of negligence and/or the contravention of any statute or regulation by the Hirer or his authorised drivers.
    • The Hirer’s agreement to pay to the Owner the Non-Waiverable Excess amount as stated in the Rental Agreement.
    • Non-collision Damage to the Vehicle (e.g. vandalism) and/or missing items are not covered by Collision Damage Waiver.
  9. The Hirer shall pay to the Owner:-
    • rental for the hire of the Vehicle at the rate specified overleaf.
    • any new found damages upon vehicle return. The owner reserves the right to offset the damage cost from the security deposit or any other forms of payment.
    • the Collision Damage Waiver and Malaysia use fees where applicable.
    • additional rental charges calculated at one fifth the daily rate for each overdue hour for the return of the Vehicle.
    • $20 for every 1/8 tank (as indicated on the vehicle checklist) for shortage of fuel upon vehicle return.
    • 50% of the deposit, which will be forfeited for any cancellation of reservation. No refund of deposit for bookings made during any public holidays.
    • any excess mileage traveled will be calculated at 40 cents per kilometer. Mileage is limited to 200 km per day or 1200 km per week (Applicable to Singapore usage)
    • a penalty charge of $200 and surcharge for Malaysia use at $40 per day for the whole rental period for any non-disclosure of Malaysia usage
    • a cleaning charge of $200 will be imposed for smoking in the vehicles.
    • full cost of cleaning if the vehicle is returned in unacceptable dirty condition.
    • full cost of restoration of damaged paint work due to sandblasting.
    • all other sums which may become due and payable under this Rental Agreement.
  10. The Hirer shall be responsible for and shall indemnify the Owner against all fines, penalties, summons, court expenses or any other legal imposition in respect of this Vehicle and the driver of the Vehicle during the period of hire. An administrative charge of SGD$20 for Singapore and SGD$30 for Malaysia in addition to the fines or summons amount for the settlement of any traffic offence on behalf of the Hirer will be chargeable.
  11. The Owner shall provide a 24-hours Breakdown and Towing Service to the said Vehicle within Singapore only, provided that the hirer purchase the CDW insurance, otherwise should the owner attend to such cases, it is chargeable at $50 per trip. Punctured tyres, empty fuel tanks and/or misplaced Vehicle keys do not constitute a breakdown and the Owner is not obliged to attend to such cases. In the event that the Owner attends to such cases, the Hirer will bear the cost of S$50.00 for each and every case.
  12. The Owner shall provide the Hirer with a Replacement Vehicle (within Singapore only) of similar capacity subject to the following:-
    • That the damages/loss caused to the Vehicle was not the result of the deliberate act omission negligence and/or contravention of the terms and conditions of this Rental Agreement and/or any statute or regulation by the Hirer or his authorised drivers.
    • The Hirer’s acceptance that the replacement Vehicle will be subjected to the same terms and conditions of this Rental Agreement.
  13. Further to Clause 5.h above, the Vehicle can only be driven into Malaysia if the Hirer agrees to pay the additional surcharge (as specified in Rental Agreement) for Malaysia use. Only upon the payment of the surcharge will the Owner effect the Vehicle’s Motor Insurance and 24-hours Breakdown and Towing Service in Malaysia. However, this is conditional upon the Hirer making every attempt to contact the owner in the event of an accident or breakdown, not leaving the broken-down and/or accident Vehicle unattended or permit any unauthorized persons to tow away the Vehicle. If the Hirer drives the Vehicle into Malaysia without paying the additional surcharge and if the Vehicle encounters an accident or breakdown, then the Hirer shall be liable for all the resultant cost (total cost of repairs and/or loss to the Vehicle, all claims and cost associated with third party personal injury claims and property damage, all costs to recover and tow the Vehicle back to Singapore, and loss of rental income suffered by the Owner whilst the Vehicle is undergoing repairs).
  14. No condition warranty or stipulation of any kind is given by the Owner in respect of the Vehicle and the Owner shall not be held liable for any injury and/or loss of any kind whatsoever suffered by the Hirer and/or any third parties as a result of the Vehicle or any part of it being unusable, faulty, out of order or unserviceable.
  15. In the event of any breach of this Rental Agreement by the Hirer, the Owner will without prior notice to the Hirer resume possession of the Vehicle and for this purpose the Hirer hereby irrevocably authorizes the Owner by its agents and servants without notice to enter any premise in which the Vehicle may for the time being be kept and to take possession thereof without being liable for any action or preceding at the suit of the Hirer or any person claiming under or through him.
  16. No relaxation, forbearance delay or indulgence by the Owner in enforcing any of the terms of this Agreement at the granting of time by the Owner to the Hirer shall prejudice, affect or restrict the rights and powers of the Owner hereunder nor shall any waiver of any breach hereof operate as a waiver of any subsequent or continuing breach thereof.
  17. This agreement shall be governed by and construed in accordance with the Laws of Singapore and the parties agree to submit to the jurisdiction of the Courts of Singapore.
  18. The Vehicle Check List is an integral part of this Rental Agreement.