Privacy & Terms

 

Terms and Conditions
 

          Please read these terms and conditions of use carefully. Due to the information according to the terms and conditions The use of such services is important information relating to the right to compensation. And your duties The terms and conditions of this service consist of restrictions and exceptions, including duties in accordance with applicable laws and regulations.

 

          Effective Date: December 24, 2018.

          HAUP is an online car sharing platform that provides access to on-demand rental car sharing services in Thailand, Haupcar Company Limited, 87/2 36Fl. CRC Tower-All Seasons Place, Wireless Road, Lumpini, Phatumwan, Bangkok, (Hereafter “HAUP”). HAUP agrees to facilitate its client to be HAUP’s member to use its service (Hereafter “Renter”).

 

In this agreement, we define these terms as follows:

 

          “Car” means a car that HAUP installed reservation, and car management system that calculates rental fees by the actual usage of each trip.

          “System” means rental car management application system that facilitate both parties in showing intent to make a rental agreement that will decide which is the car, duration of the rental agreement, and place that the car will be delivered.

          Both parties agree to comply with the terms and conditions under this Agreement that is set out as follows:

 

1. PURPOSE OF THE AGREEMENT AND HOW TO USE A SYSTEM

          1.1 Purpose of this agreement is that Renter agrees to rent a Car from HAUP trip by trip. A Car is owned by HAUP, or HAUP’s affiliates. The application system will determine which Car, duration, place of delivery, rental fees that is calculated by time and travel distance. Renter shall pay for HAUP Service each time that Renter uses HAUP Service by the actual usage. The VAT will be included within the payment.
          1.2 Renter shall provide its information to HAUP to apply for the membership. The status of membership is not granted automatically after the application is submitted. The status of Renter membership solely depends on HAUP’s approval.
          1.3 Renter shall provide the image of the front and the back of personal identification card and driving license, and electronically sign this agreement. Any kinds of electronic signature signed on this purpose is abided by this agreement.
          1.4 In the process of applying for the membership, it is HAUP’s duty to approve user account by considering the documents in the application. Renter confirms that the information given in the application is true, complete and accurate.
          1.5 Renter shall provide the image of driving license if HAUP requests at any time.
          1.6 In case that there are changes in any information Renter provided, Renter shall send that information to HAUP and confirm that new information is true, complete and accurate.
          1.7 In case that there are changes in any information Renter provided and Renter does not provide new information to HAUP, HAUP shall not be responsible for any of damages, fine, obligations, or any other liabilities that are caused by the lack of such information.
          1.8 HAUP shall keep membership and private information of Renter secret, HAUP shall not disclose that information to the public. HAUP will only use this information and other application documents provided to the application process solely on necessary case.
          1.9 Renter shall reserve a Car by using the HAUP’s application system and specify the duration of the rent. When the reservation is confirmed, the system will post the fee immediately, and Renter will receive reference number for contact purpose with HAUP.
          1.10 Renter shall provide information related to the payment, so that HAUP can request for the fee to be paid for using its service in the future.
          1.11 HAUP shall provide fuel card for filling gas at the provided gas station without any expenses. It’s duty that Renter needs to check the fuel level of the Car not to be below ¼ of the tank before returning the Car at service point stated by HAUP.
          1.12 In case that Renter cannot find fuel card in a Car after Renter receive the Car, please inform HAUP as soon as possible.
          1.13 Renter shall purchase fuel, and HAUP shall compensate Renter after in following cases:
               1.13.1 Fuel card cannot use at a provided gas station.
               1.13.2 There is a necessary cause that Renter needs to bring a Car to other gas stations that are not provided.

               HAUP will check and deduct the paid fuel shown in the receipt submitted to HAUP from the outstanding balance.
          1.14 Renter can extend the duration of the reservation for 1 hour after the expiry time in the system. Renter agrees to make the payment for the extended time immediately at a rate that HAUP states in the system.
          1.15 Renter shall give a consent to HAUP and allow HAUP to use the system usage data to develop and improve the related service.

2. PAYMENT TO HAUP

          After Renter agrees to rent a Car through the system, Renter shall make a payment to the HAUP every time Renter receive the invoice.


3. DELIVERY OF THE CAR


          3.1 HAUP places its affiliated Cars at assigned parking spots around Thailand. The parking spots are usual spots for trip-by-trip rental. HAUP has offer the features to Renter to reserve and rent a Car by using the application.
          3.2 When Renter receives the reserved Car via application at assigned parking according to 3.1, Renter shall check the condition of the Car and report to HAUP before receiving the Car. After that, it considers as Renter accepts the Car condition and receive the Car.
          3.3 Before Renter receives the Car, Renter shall examine the Car whether there are flaws, dents, or any kind of damage. If Renter finds any of them, Renter shall report to HAUP immediately.

4. RENTER QUALIFICATION

          4.1 Renter needs to have qualifications as follows:
               4.1.1 Age 18 and above
               4.1.2 Driving license or foreign driving license or International driving license that is allowed to drive for 1 year within Thailand. If the driver uses any kinds of driving license that is not from Thailand, there must be an expiry date shown on the card, types of Car allowing to drive, details in English must be shown clearly.
               4.1.3 Shall not be a prohibited person according to the insurance policy
               4.1.4 Shall not:
                    4.1.4.1 Have color blindness;
                    4.1.4.2 Have hearing impairment;
                    4.1.4.3 Have any epilepsy, seizure, convulsion;
                    4.1.4.4 Have any Bi-polar;
                    4.1.4.5 Any kinds of sickness or diseases that might affect driving ability.
               4.1.5 Shall not be barred from having a driving license or be convicted in any criminal charges.

 

5. DUTY OF RENTER

          5.1 Renter shall maintain good condition in health and mentality, and able to effectively control the Car, not to exceed the speed limit. Renter shall examine the Car conditions before driving, not drinking any alcohol, not using any drugs or any other substances that will affect driving ability.
          5.2 Renter shall use a Car with caution and drive the Car as a reasonable person
          5.3 Renter shall not operate or allow the Car to be used in involvement with any illegal activity and also not to carry illegal items in the Car.
          5.4 Renter shall not:
               5.4.1 smoke in the Car. If Renter fails to perform this duty, Renter shall pay a cleaning fee at a rate 1,000 baht or above not including actual cleaning cost;
               5.4.2 consume any food or drinks in the Car. If Renter fails to perform this duty, Renter shall pay a cleaning fee at a rate 1,000 baht or above not including actual cleaning cost;
               5.4.3 allow the Car to be driven by any other person without HAUP’s permission;
               5.4.4 operate the Car or allow it to be operated for the transport of more passengers than the maximum specified by HAUP for the Car;
               5.4.5 operate the Car or allow it to be operated for purposes other than Renter’s personal trip;
               5.4.6 operate the vehicle or allow it to be operated in any race or sport events;
               5.4.7 operate the vehicle or allow it to be operated in any test, performance test for the Car, any tools or parts related to the Car.
          5.5 When Renter returns the Car, Renter shall perform as follow:
               5.5.1 At the end period of each trip, Renter shall deliver a Car back to where Renter received the Car, and press “finish” button in the system. If Renter fails to perform this duty, Renter shall pay a Car transporting fee at a rate 1,000 baht or above, not including any other actual cost, such as parking fees, any fine related to this act, or towing fees.
               5.5.2 If Renter does not deliver a Car as specified in the reservation system, Renter shall pay a fee at a rate 2 times of a normal hourly rate for that Car starting from the time Renter misses the expiry of the term of hire.
               5.5.3 Renter shall remove any valuable items, or any other items from the Car every time Renter delivers a Car back to HAUP.
               5.5.4 Renter shall keep a Car clean and remove any garbage to get a Car ready for any HAUP’s next customer. If Renter fails to perform this duty, Renter shall pay a cleaning fee at a rate 500 baht or above not including actual cleaning cost.
               5.5.5 Renter shall fill the fuel tank at least a quarter of a tank. If Renter fails to perform this duty, Renter shall pay a fuel filling service fee at a rate 500 baht.
          5.6 The rental of the Car according to this agreement is a rental for the purpose of Renter own personal use only. Renter shall not use a Car for any commercial purpose, including but not limit to, transport for hire for Renter’s employer, the transport of passengers for hire or reward , to sublease or any other means to create income.
          5.7 Renter agrees to use a fuel card at the provided gas station in good faith. If HAUP find out that there are fraudulent acts, or if the usage of fuel filling card does not follow this agreement, such as using a fuel card to fill other car’s tank, HAUP shall proceed to put a criminal charge and file a civil case on Renter, and Renter shall compensate HAUP 10 times of the actual expense on the account.
          If Renter lose or damage the fuel card, Renter shall pay a card issuing fee at a rate 500 baht.
          5.8 Renter shall make a payment within 7 days after Renter receives an invoice. If Renter fail to pay this payment within 7 days after Renter receives an invoice, Renter shall pay a premium at a rate of 15% per year.

 

6. MECHANICAL REPAIRS AND ACCIDENTS AND RENTER’S LIABILITY

 

          6.1 The Renter is liable for any cases except any loss that is not caused by Renter’s fault or any loss that happens anyway even if Renter uses a Car as a reasonable person.
          6.2 If the Car is involved in an accident, is damaged, breaks down or requires repair, regardless of cause, HAUP does not allow anyone to repair, including but not limit to, install or uninstall engine, equipment, tools, accessory, and the Renter shall notify the HAUP of the full circumstances immediately.
          6.3 Renter agrees to follow any terms and conditions in an insurance policy. Both parties agree to consider a provided insurance policy as a part of this agreement to maximize benefits and protection under such policy. Details for such insurance policy will be shown on HAUP’s website. Renter acknowledges that this insurance policy does not cover any items inside the Car.
          6.4 If the Car is involved in an accident with the third parties, Renter shall not admit any faults to the third parties and notify the HAUP of the full circumstances immediately after the situation is safe to allow representative of the insurance company to proceed with the compensation process according to the accident. If Renter fails to perform this duty, Renter shall pay a fine at a rate 3,000 baht or above, not including actual indemnification that happens because of such action.
          6.5 Renter agrees to pay for the damage at a rate 3,000 baht in case of any accidents that are caused by at-fault of the Renter, or other third parties that cannot be identified by Renter.
          6.6 If accident causes a Car to be totaled, and insurance company denies repairing, renter is liable for any loss of, or damage to, the vehicle and its accessories. Renter shall pay a difference between a price of a newly identical Car that matches model and color, and the compensation that insurance company pays to HAUP.
          6.7 Renter agrees to be responsible and pay for any other expenses caused from the usage of the Car, including but not limit to, traffic fine, toll fees, parking fees etc.

7. CANCELLATION OF HIRE AGREEMENT

 

          7.1 In case that HAUP fails to comply with any of the terms of the Rental Agreement, Renter shall notify HAUP to proceed with the compliance within 7 days starting from the date in the notice. If HAUP fails change, fix, or comply within previously mentioned duration, Renter has the right to terminate the agreement. The termination of an agreement under the authority of this clause shall not affect the other rights of Renter under the Rental Agreement. Renter still reserves the right to be indemnified because of such breach of contract.
          7.2 HAUP has the right to terminate the agreement and take immediate possession of the Car if the Renter fails to comply with any of the terms of the Rental Agreement, or specifically with clause 7.3. The termination of an agreement under the authority of this clause shall be without prejudice to the other rights of HAUP under the Rental Agreement. HAUP still reserves the right to be indemnified because of such breach of contract.
          7.3 Cases that HAUP can terminate the agreement without sending a notice to Renter are listed as follows:
               7.3.1 Cases that HAUP finds out that there are acts that HAUP has a reason to believe that a Car is at risk to be stolen;
               7.3.2 Cases that HAUP finds out that Renter is about to drive a Car going out of a border of Thailand;
               7.3.3 Any cases that HAUP believes it is appropriate.

8. If any provision of this Agreement is found to be illegal, void or unenforceable, this Agreement shall continue in force save that such provision shall be deemed to be deleted.

9. Any notices or communications required or permitted to be given by this Agreement must be (i) given in writing and (ii) personally delivered or mailed, by certified mail to the address stated above, to the party to whom such notice or communication is directed, to the aforementioned address or any other addresses that the party might inform the other party after the agreement is signed. By complying with this clause, both parties agree that the notice is legally received since the date that such notice is arrived.  

128/403 37Flr. Phayathai Plaza, Ratchathewi, Bangkok 10400

© Haupcar Company Limited 2020

128/403 37Flr. Phayathai Plaza, Ratchathewi, Bangkok 10400