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Terms and Conditions

Please carefully read the following Terms and Conditions. Because the information in accordance with these Terms and Conditions contains critical  information about rights and obligations, such as any claim, liability, and compensation. These Terms and Conditions include pertinent limitations and exclusions, as well as duties in accordance with current applicable laws and regulations.

The current issue, published on January 17, 2024 came into effect on the same day.

Definitions

“Vehicle” means The car provided by The Vehicle Service Provider to perform the agreement, as well as the equipment, tires, spare parts, tools, and other vehicle components that are the property of the service under this agreement. Which is most likely the vehicle with equipment such as the car tracking system, locking control system, with The Platform Provider or not. However, shall be the car that installs the reservation and management system software. With a service charge rate depending on actual usage. Anyhow, the definitions of Vehicle under this agreement includes Replacement car that the Platform Provider has delivered to the Client.

“System” means Vehicle management software that facilitates the parties' expression of intention to enter into this vehicle service agreement, which shall be agreed on the reservation of the vehicle, the duration of the service agreement, and the location of vehicle delivery via the application.

“The Client” means Any natural person or juristic person who wishes to utilize the vehicle of The Vehicle Service Provider from time to time, via The Platform Provider's system, The Client has registered to utilize the service and is the driver of such a vehicle.

“The Vehicle Service Provider” means Any natural person or juristic person that owns or has legal possession of the vehicle and wishes to furnish the vehicle without a driver.

“The Platform Provider” means Haupcar Co., Ltd., the owner and administrator of the Haup application and software used to operate the vehicle service. The office is 128/21, 3rd Floors, Phayathai Plaza Building, Phayathai Road, Thung Phayathai Subdistrict, Ratchathewi District, Bangkok, Thailand, 10400. And registered as a company in Bangkok No. 0105559066876

In this Agreement, the three parties be referred  as “The three parties” and when The Vehicle Service Provider and The Client are mentioned together, they are to as “The other parties”

The three parties consent and agree to comply with the terms and conditions, principles as follows:

1. Purpose of the agreement, How to use the system and the rights and obligations of each party

1.1 The purpose of this agreement is that The Client has agreed to use the vehicle service from time to time. The Vehicle Service Provider who owns the vehicle or the legal ownership of the vehicle, which wants to provide the vehicle without a driver. Which determine which vehicle, the service period, place of service, service rate, via the system and the conditions of the Platform Provider. The Client shall pay the service charge and other related expenses to the Platform Provider from time to time. The service charge is charged according to the desired time and the actual distance of each reservation number by the Vehicle Service Provider specified in the application (The above rates include VAT). And the Platform Provider shall pay revenue sharing to The Vehicle Service Provider at the rates and conditions set by the Platform Provider in the application.

 

1.2 The Client must apply for membership by providing information to the Platform Provider. The membership status of The Client shall not be confirmed immediately. This must meet the conditions set by the Platform Provider, To confirm membership status Continuity of membership shall be the decision of the Platform Provider in all cases.

However, the registration of the Client must be registered with documents, phone number that can be contacted, Electronic mail (e-mail) and line id of the Client only. Including registering credit and debit cards of the Client with enough credit limit on the card to pay for the service and still validity while using the service.

The Platform Provider reserves the right to confirm and/or terminate members of the Client that the Platform Provider is unable to contact or find that another person's documents, contacts, Electronic mail (e-mail) or line id are used to sign up for the Service and/or use false incorrect documents or grounds to believe that the Client requires and/or attempts to conceal, distort information, or use another person’s financial document, register and apply for the service.

 

1.3 The Client must upload a photo, front and rear ID card, front and rear driver's license. Along with signing to accept the terms and conditions of service by holding the E-signature or any form as an agreement to accept the terms and conditions under this agreement.

 

1.4 In the process of applying for membership, the Platform Provider shall approve the Client's account from the supporting evidence submitted by the Client. The Client must confirm that the information provided is correct and true.

 

1.5 The Client shall need to show the valid driver's license when asked about it reasonably as evidence from the Platform Provider or the authorized officer.

 

1.6 In the event of a change in enrolment information, the Client is obliged to submit such information to the Platform Provider. And the Platform Provider is responsible for verifying and confirming such information as well as checking in the subscription process to confirm the suitability and continuity of the membership.

 

1.7 The Platform Provider shall not be liable for any damages incurred, such as fines or other liabilities caused by the lack of evidence or any damage caused by not modifying the application information of the member or personal information of the Client.

 

1.8 The Platform Provider is responsible for collecting the subscription information of The Client, which is Personal Information such as driver's license and ID card must non disclose such information to the public in any way And must use supporting documents as evidence only if necessary.

 

1.9 The client booked and used the vehicle via the Platform Provider's system. By determining the desired time and the end time. When the booking is confirmed, it will be charged according to the time of booking immediately. And will receive the reservation number Which is used as a reference number to contact the Platform Provider.

 

1.10 The Client agrees to provide payment information so that the Platform Provider can charge the subscriber, security deposit and other costs that may arise in the future.

 

1.11 The platform provider offers two (2) sorts of services. The client has the following options:

 

(A) “Return as receive” service means when the vehicle has been delivered to the Client. How much fuel is there at the time of delivery, When returning the vehicle at the service station (the station where the client receives the vehicle) of the Vehicle Service Provider or the Platform Provider. The client has to refuel equal to or greater than the amount of fuel provided. However, the fuel must be added to the right type. If filling is the wrong type, the Client shall be responsible for such damage.


(B) “Pre-paid” service means that The client pays to the Platform Provider in advance for the distance traveled. The client shall be given a Fleet card and shall be able to use it at the selected gas station for free. It is the Client’s responsibility to ensure that the petrol in the tank is at least ¼ percent full before returning the vehicle to the service station (the station where the client receives the vehicle) of the Vehicle Service Provider or the Platform Provider. However, the fuel must be added to the right type. If filling is the wrong type, the Client shall be responsible for such damage.

 

However, no matter what sort of service, The client must comply with these Terms and Conditions. If the Client does not refuel equal to or greater than the amount according to the specified conditions, The client is liable for the damage which is in the 2nd attached agreement.

 

1.12 In the event that the fleet card is not found available in the vehicle, the Client is responsible for notifying the Platform Provider. If the Client loses a fleet card, must pay the damage from such loss to the Platform Provider. And/or in case that the Client chooses the Return as receive sort, such fleet card must pay additional service charge to the Platform Provider.

 

1.13 If The Client is required to advance payment in the following cases:

 

(A) Fleet card cannot be used at designated gas stations; or

(B) There is a reason to bring the vehicle to refuel at the gas station other than the designated.

 

The client shall send proof of payment to the Platform Provider, the Platform Provider shall review and minimize the cost of the service from that transaction based on the amount shown on the proof of payment and document.

 

1.14 The client can extend the reserve up to one (1) hour from the original reserve time. This can be done by yourself via the application system. And have to pay the service charge for the time of reserve immediately according to the rate specified by the Platform Provider.

 

1.15 The client consents to the Platform Provider to use information about the use of the system to improve the provision of services related to the Platform Provider.

 

1.16 The client consents to the Platform Provider to check the criminal history of the Client with The Royal Thai Police or other relevant agencies in all cases.

 

1.17 The client agrees to select and reserve the vehicle, via the platform provider’s system. Which is the brand, model, and license number for the vehicle, Including the service period which appears according to the reservation system in the platform of The Platform Provider, Acquirement of vehicle is the Vehicle Service Provider. The client must use the vehicle for themselves only, Do not allow another person to use it. However, if the Client violates such a vehicle for another person to use and any damage or loss, the Client must be responsible.

 

1.18 The Vehicle Service Provider must apply for a subscription by providing information to the Platform Provider. The membership status of the vehicle service provider shall not be confirmed immediately. Subject to the conditions specified by the Platform Provider confirmation of membership status, continuity of membership shall be the decision of the Platform Provider in all cases. The Vehicle Service Provider must upload the ID card front and rear ID card, including related documents and sign the agreement to participate in the service, By holding the E-signature or any form as an agreement to accept the terms and conditions under this agreement.

 

1.19 The Vehicle Service Provider is responsible for delivering the vehicle that the Vehicle Service Provider wishes to provide services to this agreement to the Platform Provider for installing the system and software at Haupcar Co., Ltd. Head Office No.128/21, 3rd Floors, Phayathai Plaza Building, Phayathai Road, Thung Phayathai Subdistrict, Ratchathewi District, Bangkok, Thailand 10400.

 

1.20 The Vehicle Service Provider is obliged to maintain the vehicle and be responsible for the cost of maintaining the vehicle in available conditions, In order for the vehicle to be ready to use throughout the agreement period. For the maximum benefit of service. This includes Commercial Vehicle Insurance, vehicle wash, lubricating oil, tires, tax, etc. 

If the vehicle is not in the available condition within seventy-two (72) hours after the Platform Provider notifies the Vehicle Service Provider, the Vehicle Service Provider consents to the Platform Provider to maintain, repair or modify the vehicle. The Vehicle Service Provider shall be responsible for this cost. However, if the Vehicle Service Provider does not carry out Commercial Insurance but wants to use Personal Insurance or Compulsory Third Party Insurance according to the Road Accident Victims Protection. Act, B.E. 2535 (1992). In the event of any accident, whether it is the liability of the Client or not, the Vehicle Service Provider agrees and consents to accept such risks and is responsible for the damages incurred to the vehicle itself.

 

1.21 The Vehicle Service Provider shall be responsible for maintaining and repairing the vehicle in any case for the vehicle is deteriorated or having problems due to normal use or in the event that the vehicle has any accident that is not the liability of the Client.

 

1.22 The Vehicle Service Provider has the right to access any information necessary to provide the service immediately, such as checking the vehicle status information from the GPS installed by the Platform Provider in all vehicles, reservations, vehicle service revenue, Including the Client who use the vehicle service information necessary to provide services, and other information via the Platform Provider's system, The Platform Provider and/or The Vehicle Service Provider shall collect, use, delete, and destroy the information of The Client in accordance with Personal Data Protection Act, (PDPA) B.E.2562 (2019) (which appears in article 12.2). The client consents to use the information to improve the service system related to the Platform Provider. In addition, the Platform Provider, including employees or representatives of the Platform Provider, have the right to check or track the vehicle at the Client's office or any place where the vehicle is located in a reasonable time, without prior notice.

 

1.23 The Vehicle Service Provider is responsible for determining the qualifications of the Client first to approve or decline within twelve (12) hours of the reservation, Unless The Vehicle Service Provider  has entrusted the Platform Provider to consider thereservation of the agreed conditions. The Platform Provider shall not be liable for damage caused by the authorisation of the reservation on behalf of the Vehicle Service Provider.

 

1.24 The Vehicle Service Provider consents to the Platform Provider to use information about the use of the system to improve the provision of services related to the Platform Provider.

 

1.25 The Vehicle Service Provider consents to the Platform Provider to check the criminal history of the Vehicle Service Provider with The Royal Thai Police or other relevant agencies in all cases.

 

1.26 The Platform Provider owns the entire platform system and is responsible for developing, improving and maintaining the Platform System – providing On Demand Vehicles via HAUP Application and is responsible for updating the software to the latest version.

 

1.27 The Platform Provider owns the entire platform system and is responsible for installing a technology called Vehicle Tracking and Access (VTA) or other related technologies, including the vehicle starter devices for the purpose and maximum benefit of vehicle service.

 

1.28 The Platform Provider is responsible for all costs in maintaining Vehicle Tracking and Access (VTA) or other related technologies, including the vehicle starter devices (in article 1.27) and related all systems in the vehicle (GPS, Mobile App, Tech support) to be in available condition and ready to use.

 

1.29 The Platform Provider is responsible for correcting the system if there is a failure to be able to return within four (4) hours from the notification of the Vehicle Service Provider or from the time the Platform Provider is self-aware of the failure.

 

1.30 The Platform Provider shall be responsible for customer care and service only in the telephone inquiry section regarding the reservation system and access to the vehicle service.

 

1.31 The Platform Provider is responsible for facilitating information and training to the Vehicle Service Providers so that the Vehicle Service Provider can monitor the system and the clients information via the relevant system at any time.

 

1.32 The Platform Provider owns the System as well as the intellectual property related to the entire system.

 

1.33 The Platform Provider provides and/or selects the location of all parking spaces, including office buildings, hotels or other appropriate and safe locations. The Platform Provider must notify the Client of the location of each vehicle. And if the parking area is moved, it must notify the Vehicle Service Provider immediately. The Vehicle Service Provider can provide and select the location of parking spaces with the consent of The Platform Provider.

 

1.34 In the event that the vehicle is lost or has reasonable grounds to suspect that the Client shall not return the vehicle as scheduled, the Platform Provider is obliged to assist the Vehicle Service Provider immediately in tracking the return, both in terms of tracking via the relevant system and/or agencies and informing the details of the Client to the Vehicle Service Provider.

 

1.35 The Platform Provider is responsible for notifying the Vehicle Service Provider immediately when it is aware that the vehicle has an accident, collision or any damage, whether it is small or large damage. Including having to inform the details of that damage to the extent that the Platform Provider has information, such as the Client or another person causing damage and all relevant information to the Vehicle Service Provider. The Platform Provider must assist and collaborate with the Vehicle Service Provider to track the Client or the person involved responsible for such damage incurred.

 

1.36 The Platform Provider shall inspect the Client and require the Client to strictly comply with the requirements, as well as notify the Client for acknowledgement and agree that if the vehicle has an accident or has been damaged and is not covered under the insurance policy or not covered in full value of the damage, The client who caused the damage is responsible for all damages.

 

2. Settlement of agreement

After the Client has agreed to receive the service from the Platform Provider via the system, the Client agrees to pay for the service charge, paying the invoice by the Platform Provider.

 

3. Delivery of Vehicles

3.1 The Vehicle Service Provider has parked the vehicle at a specialized service station (parking lot). At various locations across the country, which are specified as regular parking spaces in the service of this agreement.

 

3.2 When the Client receives the vehicle reserved via the application by self at the service station specified in the system (in article 3.1), the Client must check the condition that the vehicle is malfunction, faulty, defective or any damaged or not. If there is a cause, Please report to the Platform Provider immediately. To inform the condition of the vehicle at that time before starting to use,  However, if no such incident is discovered or disclosed to the Platform Provider, It is considered that the Client received the vehicle from the Platform Provider in all aspects accurately.

 

4. Qualifications of the Client

The client must have the following qualifications:

 

4..1 The client must be a person, completing 20 years of age.

 

4..2 The client must have a Thai driving license, Foreigner or International driving license that can drive a car according to Laws of Thailand. (not less than 1 year) If the Client uses any driver's license that is not a driving license of Thailand should specify the expiration date and specify the type of driving car on the card, Which clearly in English.

 

4.3 The client must not be a prohibited driver as specified in the insurance policy.

 

4.4 The client must not have the following symptoms :

 

(A) Color blindness or other diseases related to the eyes that narrow vision such as Glaucoma or Cataracts, Including people with Age-Related Macular Degeneration (AMD)

(B) Deafness

(C) Bipolar disorder

(D) Parkinson disease

(E) Spasm (times or periodic)

(F) Symptoms, Illness or other diseases that affect the ability to drive, Whatever in whole or part.

(G) Removed the Driver’s license or used to be punished with the Final Judgment in the Criminal case

5. Duties of the Client

5.1 Driving a vehicle, the Client must have a physical and mental state ready to drive, control the vehicle well and not use the speed faster than the law. Check the condition of the vehicle before driving, do not drink alcohol, do not use drugs or any other substances that cause the impact of driving the vehicle to be inefficient.

 

5.2 The client is responsible for parking fees, electricity, toll fees and legal fines in case The client or the user commits an offense or fails to follow traffic rules.

 

5.3 The client is responsible for bringing the vehicle used to insure with the insurance company that The Platform Provider approves at the expense of the Client. 

Such insurance has to cover all types of loss and damage, including loss and damage caused by life, body and property of third parties in the insurance limit as The Platform Provider deems appropriate. And has to be covered by the period throughout this agreement and until The Platform Provider and/or The Vehicle Service Provider receive the vehicle back from The client. Specifying the name of the Client and The Platform Provider as the insurer and In the event of loss or damage, identifies The Platform Provider as the sole beneficiary. The client has to send the policy, including the certificate of renewal certificate of the insurance policy to The Platform Provider. 

However, the insurance as mentioned, The client agrees to be the premium payer, agrees to repair the vehicle well and protect The Vehicle Service Provider and/or The Platform Provider from any loss caused by any property and/or other person without being covered by the insurance policy that the Client has done under this agreement. If The Vehicle Service Provider and/or The Platform Provider are loss or damage, The client agrees to indemnify for all when The Platform Provider claims. However, even if the Platform Provider does not claim immediately, or for a certain period of time, it is not considered a loss and/or waiver of rights to claim or take any related action. The client agrees to be responsible for the deductible rate as prescribed in the attachment of the agreement. If the deductible rate has changed according to The Law, The Announcement of the Department Insurance or The Platform Provider believes it appropriate, The client agrees to pay the deductible according to the newly changed charge. 

 

5.4 The client shall comply with the Insurance Company's regulations in all respects. If The client violates the conditions and/or causes damages beyond the coverage under the insurance policy, The client shall be responsible for all damages incurred.

 

5.5 The client is responsible for using the vehicle with caution and driving such as the reasonable person.

 

5.6 The client must not use the vehicle in any way or related to any illegal act. Including not carrying, moving any illegal things in the vehicle.

 

5.7 The client must not do the following:

 

  • The client must not smoke all types inside the vehicle. Including not smoking and then getting on the vehicle immediately or doing anything that causes the smell and/or stains from cigarettes in the vehicle. Otherwise, the Client has to pay the cleaning charge as attachment. This does not include the actual cleaning charge.

  • The client must not eat in the vehicle. Otherwise, the Client has to pay the cleaning charge as attachment. This does not include the actual cleaning charge.

  • The client must not bring all kinds of pets on the vehicle. Otherwise, the Client has to pay the cleaning charge as attachment. This does not include the actual cleaning charge.

  • The client must not bring the vehicle to another person to drive without the written consent of the Platform Provider.

  • The client must not use the vehicle to carry more passengers than what is required by law or the platform provider.

  • The client must not use the vehicle for any purpose other than using the vehicle for the benefit of own travel only. Including not using the vehicle for commercial purposes.

  • The client must not use the vehicle for the competition or participate in any competition.

  • The client must not use the vehicle to measure or test the performance of the vehicle and/or test the performance of any equipment or vehicle parts.

 

5.8 Returning the vehicle to the Platform Provider, The Client is responsible for the following:

 

  • When the Client receives the vehicle To proceed to the “Check in” in the platform system. When completion of each vehicle use, the Client shall return the vehicle to the service station (the station where the client receives the vehicle). After that, pressing the “Check out or Finish” in the system. Otherwise, the Client shall have to pay as specified in the attachment as a charge  for bringing the vehicle to the service station. This does not include other actual expenses related to the return of the vehicle, such as parking charge, fines for parking in prohibited places, towing costs, etc.

  • If The client is unable to return the vehicle, the Client has to pay an additional service charge. The charge is double the hourly rate of that vehicle, from the time the Client defaults not deliver the conformable vehicle.

  • The client is responsible for removing valuables or other items from the vehicle, when the Client delivers the vehicle back to the Vehicle Service Provider and/or the Platform Provider. However, if the property of the Client is lost or damaged, the Platform Provider shall not be responsible in any case.

  • The client is responsible for maintaining, cleanliness and removing waste from the vehicle. In order to be ready for the other client in the next vehicle service. Otherwise, The Client has to pay the cleaning charge as specified in the attachment. This does not include the actual cleaning service charge.

  • The client is responsible for refueling the vehicle to at least ¼ of the tank (Pre-paid sort) or refueling equal to or greater than the amount of fuel provided (Return as receive sort). Otherwise, the Client has to pay the refueling service charge as specified in the attachment.

 

5.9 The Vehicle Service under this agreement is a service for the personal interest of the Client. The client has to not use the vehicle for any commercial purposes, whether it is using the vehicle in the employer's employment, providing services, transportation, hiring or any other income.

 

5.10 In good faith, the Client agrees to use the fleet card for filling the gas station specified by the Platform Provider. If the Platform Provider finds the use of the fleet card is not for the benefit under this Agreement or fraud occurs, such as using the fleet card for other vehicles, the Return as receive clients use the fleet card improperly. The Platform Provider shall proceed according to both Civil and Criminal laws and shall claim damage charge ten times the usage rate incurred. In addition, if the fleet card is lost or damaged, the Client has to pay service charge for the new card as specified in the attachment.

 

5.11 The client is obliged to pay within 7 days from the time the Platform Provider invoices. If the Client due payment for more than 7 days, the Client has to pay an additional interest of 15% per annum.

 

5.12 According to the agreement, the Vehicle Service Provider knows the fleet card of the Platform Provider inside the vehicle of the Vehicle Service Provider. It is intended to provide services to the Pre-paid clients only. The Vehicle Service Provider agrees not to use the fleet card for the benefit of himself or others. If the misuse of the fleet card is found Or any fraud occurs The Platform Provider shall proceed according to both Civil and Criminal laws and shall claim damage charge ten times the usage rate incurred.

 

5.13 Bank Clearings: If there are any other costs or damages, such as vehicle damage, fines for late return of the vehicle, misuse of fleet cards, improper type fuel, the cost of uninstalling the vehicle system installed by the Platform Provider, such as GPS, IOT Board, etc., and the reason for such uninstallation is not the Platform Provider's responsibility. Including any other reasons that may arise and cause damage to the Platform Provider. The Client and The Vehicle Service Provider (“The other parties”) agree and consent to The Platform Provider deducting any such expenses without prior notification from the credit card and/or debit card registered via the HAUP application. However, if the Platform Provider cannot be paid via the bank account and / or the remaining limit of the Other Parties is not enough to pay and/or for any other reason, including if the Platform Provider has not yet paid immediately at the time, it is not considered a disqualification of the Platform Provider to claim to the Other Parties to pay the amount that occurs.

 

6 Liability for damage to the vehicle and the duties of the Client when damaged

6.1 The client shall be liable for any damage incurred in all cases, Except for damage that is not caused by the fault of the Client or damage that still occurs even if the Client has used the vehicle like the reasonable person should using the vehicle.

 

6.2 If the vehicle is faulty, defective or damaged, the Client should not authorize another person to repair the vehicle, including installing or removing any engine and vehicle parts and must notify the Platform Provider of such incidents with the vehicle immediately.

 

6.3 The client agrees to strictly comply with the terms of the insurance policy, Which is considered part of this agreement to achieve complete protection according to the insurance policy. The details of coverage are as specified on the Platform Provider's website. The client has learned that this insurance does not cover any property inside the vehicle.

 

6.4 After the accident with the vehicle, the Client has to not accept any liability to any third party and contact the Platform Provider and/or the Vehicle Service Provider. On the first opportunity, the Client can safely do so that the insurance company representative shall proceed with the payment of compensation due to the accident. If you ignore and the Platform Provider has detected the damage, the Platform Provider shall claim the damage incurred as specified in the attachment, excluding the actual damages that the Client is responsible for.

 

6.5 The client agrees to pay the deductible specified in the attachment. In the event of an accident the client is at fault, And in the event that the other party cannot be identified in that accident.

 

6.6 The Client shall be responsible for all damages. In the event of an accident and is assessed as a completely damaged vehicle and the insurance does not approve the repair (Total loss). The client agrees to pay the difference between the purchase price of a new vehicle model and the engine like the vehicle that provides services to the damage that the insurance company pays to the Vehicle Service Provider. However, if the damaged vehicle is not available on the market, the price of the vehicle with the model and engine is closest to the damaged vehicle. The discretion of choosing the new vehicle is at the Platform Provider unilateral discretion.

 

6.7 The client agrees to be responsible for any other expenses arising from the use of the vehicle such as fines for traffic offenses, toll fees, parking fees, etc.

 

6.8 The client has to pay damage when the vehicle is affected by a disaster or flood. Or the Client drives through the flood which causes damage to the vehicle. The client has to pay all damages in all cases, whether buying additional insurance or not. (Which is in accordance with the attachment) The liability rate is as follows:

 

(A) In the event of the vehicle has been flooded, Or the Client driving the vehicle through the flood and causing damage to the Vehicle Floor, The Charge of 50,000 THB or more will be applied in all cases, Whether the Client purchases SCDW or Not.

(B) In the event of the vehicle has been flooded, Or The Client driving the vehicle through the flood and causing damage to the vehicle inside the seat or lower part of the dashboard, The Charge of 70,000 THB or more will be applied in all cases, Whether the Client purchases SCDW or Not.

(C) In the event of the vehicle has been flooded, Or The Client driving the vehicle through the flood and causing damage from the dashboard or half of the vehicle to the whole, The Charge of 100,000 THB or more will be applied in all cases, Whether the Client purchases SCDW or Not. 

 

In the event that The Client is liable for damages for any reason mentioned in accordance with this Agreement, the Client shall be liable and compensate for the actual damages which may be calculated from the value of that property or vehicle, at the Platform Provider's discretion.

 

6.9 Replacement car The Platform Provider shall deliver the replacement car to the Client. In the event that the vehicle is the property under this agreement, there are problems from normal use or accident in the event that it is not the Client's liability. However, if there is an accident that is the liability of the Client – If the Client needs to receive the replacement car, the Client shall notify the Platform Provider. And the Client must pay for the operation and service charge for using such a replacement car. The client's duties and liabilities to the replacement car. If this occurs, the replacement car shall be subject to the terms and conditions of this agreement. The replacement car is the first vehicle provided to the Client by the Platform Provider, Quasi. However, whether or not to deliver the replacement car is at the absolute discretion of the platform provider.

 

7. Rescission

7.1 In the event that either party fails to comply with any of the agreement, When the other party have notified, the amendment shall be made within seven (7) days from the date of receipt of writing and the parties receiving the notice do not comply or not handle revisions within that period, the parties shall terminate the agreement immediately and claim any damages incurred as a result of such breach of agreement.

 

7.2 In the event that the Client fails to comply with any of the agreement any other reason which the Platform Provider deems appropriate (in article 7.3 (C)), the Platform Provider has the right to terminate the agreement immediately without prior notice, and the Client agrees that the Platform Provider and/or the Vehicle Service Provider to have the right to enter the area where the Vehicle is parked and take possession of the vehicle immediately. The Platform Provider has the right to demand any compensation under this Agreement, including the right to claim damages incurred as the result of such breach of Agreement.

 

7.3 Other reasons why the Platform Provider can terminate the Agreement immediately without prior notice.

 

(A) The Platform Provider detects suspected circumstances and/or behaviors at risk of vehicle theft.

(B) The Platform Provider detects the Client at that time driving the vehicle outside the border of the Kingdom of Thailand.

(C) Any other reason that the Platform Provider deems appropriate.

 

In the case of the Clients or the Companions drive near the border  of the Kingdom of Thailand without notifying the Platform Provider. Otherwise, the Platform Provider assumes the Client has breached the contract and this agreement is considered invalid. And the Platform Provider has the right to forfeit the security deposit And terminate the agreement immediately without prior notice. If the agreement is terminated, the Client agrees and consents to immediately forfeit the security deposit. And empower police officers and/or the relevant government agency to take possession immediately.

 

8. The void of Agreement

In the event that it appears later that any part of the terms and conditions of this Agreement is invalid, the three parties agree to assume that such invalidity of the terms and conditions shall not affect the fullness and enforceability of other parts for Terms and Conditions under this Agreement.

 

9. The notification 

Any documents, attachments or electronic mail sent by The Platform Provider to The Other Parties, whether sent by registered mail or unregistered or sent by a person, if sent to the address and/or the office and/or the electronic mail contact as stated with the platform provider, whether the recipient or not or not sent because of a change in the address and/or office and/or the electronic mail contact or the address and/or office has been demolished and/or the electronic mail contact is suspended or canceled by The other parties is not notified in writing to the Platform Provider or cannot be sent because the specified location, address and/or office and/or the electronic mail contact could not be found, it is considered that The other parties has been informed of the message or in such documents, attachments or electronic mail By Law. Furthermore, consider that documents, attachments or electronic mail have been sent legally.

 

10. Changes to the Terms and Conditions of Service

The Platform Provider has the right to change the terms and conditions of service, charge rate, and any other details related to the Platform Provider, service, including applications without prior notice, and it is assumed that The other parties consent and agree in all cases to the changed terms and conditions of service.

 

11. The applicable law

This agreement shall be enforced and interpreted in accordance with Thai law, Thai court having jurisdiction to try and adjudicate any disputes arising under this agreement.

 

12. General

12.1 In the event of legislation, declarations, or government regulations When the Platform Provider is requested, it is required to disclose information or financial transactions of the other parties to officials or government agencies. The other parties accept and consent to the platform provider's ability to release information. And/or compile a list of all financial transactions of the other parties to officials or government agencies.

 

12.2 In Article 1.2, 1.3, 1.5, 1.8, 1.10, 1.16, 1.18, 1.22, 12.1 and in other related articles, The other parties must register for membership in the platform system of The Platform Provider and provide information to the Platform Provider. The Platform Provider is responsible for collecting information of The other parties that is personal information such as ID card, driver’s license, and any financial information confidential. Non-disclose such information to the public and The Platform Provider has to use the documents and information of the other parties as evidence if necessary, and the other parties consent to the platform provider use information about the user’s system to improve the service, or any related to the platform provider. The other parties consent and agree to allow the platform provider  to disclose information in case of necessity. If it must be disclosed according to the law Which is the disclosure of information according to the order or judgment of the court to officials, government agencies or government organizations. The platform Provider agrees to use, collect, transfer, delete and destroy confidential information In accordance with the Personal Data Protection Act, B.E. 2562 (2019) (PDPA).

 

12.3 The Platform Provider may transfer any rights and/or responsibilities under this agreement to the other individuals. Without the prior consent of the other parties, but shall inform the other parties (Unless otherwise specified by law) for any rights and/or responsibilities under this agreement that The other parties may not transfer to the other individuals. Unless The platform provider has prior written consent.

12.4 Any attachments are considered part of this Agreement.

 

12.5 This agreement is written in both Thai and English. And if there is a conflict between these languages, To maintain the Thai languages.

1st Attached Agreement

Additional vehicle service requirements:

 

The vehicle is not permitted to leave the Kingdom of Thailand.

 

Carry no dangerous or explosive materials in the vehicle.

 

It is unlawful to utilize the vehicle for any illegal purpose.

 

The Clients have to strictly follow all applicable laws and regulations.

 

Do not use the vehicle. Or take part in the offense, Whether as a supporter, an accomplice in the terrorist-related offense, or a participant in money laundering By the Anti-Money Laundering Office (MLO) Or in relation to various narcotics charges.

 

To act on their own vehicles, they have to utilize and care for their vehicle. If the vehicle is involved in an accident or is damaged and is not covered by the insurance coverage.

 

 

2ndAttached Agreement

Security deposit, deductibles, service charge, fines and other costs. *

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(¼ of tank)

* The rate charged, excluding fees. Any damage incurred may be invoiced at the Platform Provider’s discretion at the actual damage.

** In the case of refueling If the client fills the fuel level is not equal to or more than the received or less than ¼ of the tank as shown in Article 1.11 (a) and (b), the fine that appears in this attached. It is only the first penalty. It does not include the refueling rate that the platform provider and / or the vehicle service provider must fill up to be equal to that of the client. If the client does not refuel, the amount equals or more than according to the specified conditions, The client agrees to pay according to the missing fuel. In addition to the comparison rate of the above penalty table, Three hundred (300) THB per line.

3rd Attached Agreement

The vehicle suffers from a flood disaster

This Agreement is made between Haupcar Co., Ltd. Office No. 1285/21, 3rd Floor, Phayathai Plaza Building, Phayathai Road, Thung Phayathai Subdistrict, Ratchathewi District, Bangkok 10400, Registered as a juristic person No. 0105559066876 (hereinafter referred to as the “The Platform Provider”) and the other party with the name specified in the agreement (hereinafter referred to as the “The Client”).

This agreement is due to flood disasters that may occur at any time. It is a disaster that causes damage to property. As such, The Platform Provider considers that The Client extreme caution should be exercised when driving. That is, do not drive the vehicle through the flood or park for a period of time. Because when there is flood entering the vehicle, even if it may accumulate until the point of flooding the whole vehicle, Which has an impact on the vehicle, engine, equipment and other parts of the vehicle, including additional installed equipment. Causing damage unable to repair to return to the original therefore, in order to prevent and avoid any damage, The Platform Provider has established these terms and conditions, As following:

Cancellation Policy
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(A) In the event of the vehicle has been partially flooded, Or the client driving the vehicle through the flood and causing damage to the Vehicle Floor, The Charged of 50,000 THB or more will be applied in all cases, Whether the client purchases SCDW or Not.

(B) In the event of the vehicle has been flooded, Or the client driving the vehicle through the flood and causing damage to the vehicle inside the seat or lower part of the dashboard, The Charged of 70,000 THB or more will be applied in all cases, Whether the client purchases SCDW or Not.

(C) In the event of the vehicle has been flooded, Or the client driving the vehicle through the flood and causing damage from the dashboard or half of the vehicle to the whole, The Charged of 100,000 THB or more will be applied in all cases, Whether the client purchases SCDW or Not. 

 

Policy on Cancellation and Refunds

 

If The Client cancels within one hour of the reservation time. The Client shall get a full refund of the service charge after confirming the booking and/or payment.

 

If The Client cancels more than 48 hours before the scheduled use time, The Client will get a full refund of the service charge.

 

If The Client cancels less than 48 hours of the reservation. However, more than 24 hours. The Client has to pay a cancellation charge of 10% or not less than 1,200 baht, prior to the use time.

 

If The Client cancels less than 24 hours of the reservation. The Client has to pay a cancellation charge of 25% or not less than 1,500 baht, prior to the use time.

 

If The Client does not cancel the reservation but does not pick up the vehicle at the time of reservation, The Client is responsible for the full cancellation cost.

 

Only before the commencement time provided in the reservation list may The Client cancel the appointment. If it is time to begin, a refund shall not be issued in all situations.

 

The conditions are as described by the HAUPCAR Company, and the HAUPCAR Company reserves the right to amend the criteria at any time without notice.

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