Legal Agreement
Document No. RA-2025-001
Effective Date
January 1, 2025
Last Revised
January 1, 2025
Jurisdiction
Republic of the Philippines
Company
OpenRoad Technologies, Inc.
AGREEMENT NOTICE:
This Self-Drive Vehicle Rental Agreement is a legally binding contract between the vehicle owner (the Lessor) and the Renter. OpenRoad Technologies, Inc. - OOPA acts for the Lessor under a Special Power of Attorney and is not the owner or lessor of the vehicle. By executing this agreement, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions herein.
This Self-Drive Vehicle Rental Agreement ("Agreement") is made and executed by and between:
The vehicle owner and/or lessor
Of legal age, Filipino, and a resident of the Philippines
Hereinafter referred to as the "Lessor"
The Lessor is represented, through a Special Power of Attorney, by:
OpenRoad Technologies, Inc. - OOPA
A company duly organized and existing under the laws of the Philippines
Address: 21/F, Units 2116-17, Park Triangle Corporate Plaza North Tower
32nd Street corner 11th Avenue, Bonifacio Global City
Fort Bonifacio, Taguig City, Philippines, 1630
Hereinafter referred to as "OOPA"
AND
The Renter
Of legal age, with valid identification and driver's license, and a resident of the address given on booking
Hereinafter referred to as the "Renter"
OOPA and Renter shall be referred herein collectively as "Parties". The following terms and conditions shall apply for the duration of the agreement.
WHEREAS, the Lessor is the lawful owner or duly authorized possessor of the vehicle and desires to lease the same to the Renter under the terms and conditions of this Agreement. OOPA, by virtue of a valid and subsisting Special Power of Attorney, is expressly authorized to represent, act for, and bind the Lessor solely for purposes of facilitating, administering, and enforcing this Agreement.
WHEREAS, the Renter fully understands and agrees that this Agreement is entered into directly with the Lessor, and that OOPA is not the owner, lessor, operator, or user of the vehicle, but solely provides technology, marketing, and booking facilities, and acts only as the Lessor's authorized representative, and nothing herein shall be deemed to create a partnership, joint venture, or employer-employee relationship among OOPA, the Lessor, and the Renter.
WHEREAS, this Agreement primarily governs and defines the contractual relationship, rights, and obligations between the Lessor and the Renter, and any act of administration or enforcement undertaken by OOPA shall be deemed an act performed for and on behalf of the Lessor pursuant to the authority granted under the Special Power of Attorney.
WHEREAS, the Renter expressly acknowledges and agrees that OOPA merely facilitates and enforces the vehicle rental process on behalf of the Lessor and shall not be liable for the vehicle's condition, roadworthiness, mechanical defects, compliance with applicable laws, or any issues arising from the use, operation, or maintenance of the vehicle.
The Lessor hereby agrees to lease to Renter, the vehicle described below ("Vehicle"):
Vehicle Type:
_____________________
Color:
_____________________
Year of Manufacture:
_____________________
Model:
_____________________
Registration Number:
_____________________
Chassis Number:
_____________________
Engine:
_____________________
License Plate:
_____________________
Please indicate all the names and personal details of the drivers below:
Driver 1
Name:
_____________________
Date of Birth:
_____________________
Contact Number:
_____________________
Address:
_____________________
Driver 2
Name:
_____________________
Date of Birth:
_____________________
Contact Number:
_____________________
Address:
_____________________
The Renter warrants that the drivers identified above are duly authorized by the Land Transportation Office to operate motor vehicles and hold valid driver's licenses. The Renter shall be liable for all losses and damages arising from personal injury or death, damage to the rented vehicles, and damage to third parties or their property while personally operating the vehicles. The Renter further agrees to be jointly and severally liable for any such losses or damages caused by the drivers identified above or by any other person operating the vehicles during the rental period, until the vehicles are duly returned to OOPA. It is expressly understood that the Renter's liability shall extend only to losses or damages not otherwise covered by the Insurance Company.
OOPA agrees to lease the Vehicle to the Renter for the period provided below:
Start Date and Time:
_____________________________
Return Date and Time:
_____________________________
The Parties agree that the Vehicle is leased at a Rental Rate exclusive of any value added tax (if any) or other charges, broken down as follows:
| Fee description | VAT | Charged by |
|---|---|---|
| Vehicle Rental Fee (inclusive of applicable owner taxes, if any) | Included if applicable | Vehicle Owner |
| Platform / Booking Fee (VAT-exclusive) | Applicable | Platform |
| Insurance Premium (optional) | VAT-exempt | Insurance Provider |
| Car Wash / Detailing (third-party) | As applicable | Service Provider |
The amounts for your own booking are shown on the booking summary and on the rental agreement you sign at handover.
OOPA acts solely as a technology provider, booking facilitator, and collecting agent. OOPA does not own, lease, or operate the rented vehicle and shall not be deemed the lessor of the vehicle or the provider of any third-party services.
Amounts identified in the foregoing table as Vehicle Rental Fees, insurance premiums, and third-party service charges are collected by the Platform on behalf of the Lessor or third-party service providers, as applicable, and do not form part of the Platform's gross receipts.
The Base Amount for the Vehicle Rental Fee is inclusive only of such taxes, if any, as may be applicable to the Vehicle Owner, depending on the Lessor's tax registration status. No Value-Added Tax (VAT) on the Vehicle Rental Fee is imposed, collected, or remitted by OOPA. Any VAT, percentage tax, or similar tax arising from the Vehicle Rental Fee shall be for the sole account and responsibility of the Vehicle Owner.
VAT is imposed only on fees that constitute income of the Platform, specifically the platform, booking, or processing fees. Such VAT, where applicable, is separately shown in the foregoing table in accordance with applicable tax laws.
Insurance premiums, car wash, detailing, maintenance, and other third-party service fees are collected strictly as pass-through amounts and shall be subject to the tax treatment applicable to the respective service providers. The Platform does not represent or warrant the tax status or tax compliance of such third parties.
OOPA shall not be liable for any tax deficiency, assessment, surcharge, or penalty arising from the Vehicle Owner's or any third-party service provider's failure to comply with applicable tax laws.
This Section shall be interpreted consistently with the fee table above and shall prevail in the event of any ambiguity concerning tax allocation, VAT imposition, or the agency role of the Platform.
The Parties agree that the total payment shall only be paid to the following legitimate OOPA accounts:
| Bank / Institution | Account number | Account name |
|---|---|---|
| Security Bank | 0000077374193 | OpenRoad Technologies Inc. |
PAYMENTS OUTSIDE THESE ACCOUNTS:
Payments made to accounts other than those listed above shall not be credited and shall not discharge any liabilities of the Renter. OOPA staff, agents, and inspection officers will never ask you to send payment to a personal account or e-wallet.
Renter shall pay a reservation fee including service fee and other charges provided by OOPA in order to secure their desired Vehicle. The balance shall be paid upon the delivery or pick-up of the Vehicle.
IMPORTANT:
All payments are non-refundable but bookings may be rescheduled provided notice is given twenty-four (24) hours prior to the intended date.
The Parties agree that this Agreement terminates upon the return date specified above. It may be renewed under mutually acceptable terms and conditions (See Section 7 for guidance).
Renter may cancel his/her reservation within forty-eight (48) hours before the Date of rental. If Renter fails to do so, fifty percent (50%) of the rental fee shall be charged to him/her.
All advised canceled reservations are subject to rescheduling or rebooking and vehicle availability.
Refunds are granted strictly at the sole discretion of OOPA. No refund shall be entertained in cases where the Renter returns the vehicle earlier than the agreed rental period, as rates are computed based on full rental days regardless of actual usage.
Likewise, payments made for toll fees and fuel shall not be refunded nor applied as an offset against any other charges.
Late returns and extensions shall be communicated to OOPA not later than twelve (12) hours before the scheduled return time to avoid penalties.
For late returns within three (3) hours after the agreed date and time, a charge of Php 300.00 per hour will be applicable, limited to the first 3 hours.
7.4 LATE RETURN PENALTIES:
1. A delay of 3 hours and 1 minute up to 12 hours will incur a charge equivalent to 12 hours rental rate plus a ₱1,000 penalty.
2. A delay of 12 hours and 1 minute up to 24 hours will be charged as 1 full day rental plus a ₱3,000 penalty.
3. For delays beyond 24 hours, the Renter will be charged ₱5,000 or the equivalent amount of the possible loss of income, acquisition cost of the Vehicle and other fees whichever is higher.
These penalties are imposed to compensate for potential loss of business, additional manpower cost, additional operational cost, and inconvenience caused by the delay.
• The Renter must return the vehicle within the designated period provided by OOPA. This ensures fairness and avoids conflicts with succeeding bookings.
• For advised rental extensions, the Renter must inform OOPA at least three (3) hours before the agreed Return Date & Time of the rental.
• Rental Extensions are applicable if the Renter wishes to extend an additional minimum of 12 hours of rental or another day/s of rental.
• Extensions are subject to OOPA's approval and are only allowed if there are no succeeding bookings of the assigned vehicle.
• If there is no response to the rental extension request within 2 hours before the agreed Return Date & Time, the request is deemed denied.
WARNING:
Any delay in returning the vehicle without any advice whatsoever, OOPA is bound to report the vehicle as missing to the Philippine National Police and other appropriate government authorities within 24 hours.
Renter shall accept all liability for all damage or liability of the Vehicle from the time the Vehicle enters Renter's possession until it is successfully returned to OOPA.
IMPORTANT NOTICE:
In the event of loss or damage to the Vehicle, the Renter is obligated to cover the acquisition cost of the Vehicle, daily repair rate, legal fees, and damages, which shall not be less than Two Hundred Thousand Pesos (Php 200,000.00).
Renter shall ensure that the driver(s) is at least 18 years of age and shall have held a valid driver's license.
FRAUD WARNING:
Discovery of any falsified Identification Card (ID) or Driver's License presented by the renter shall result in immediate cancellation of the booking without any refund. The renter shall be subject to legal action for Falsification of Public Documents.
Renter shall return the vehicle in accordance with the following:
a) With all attachments, including tires, tools, and other items that were in or on the vehicle upon rental, in the same condition as upon reception.
b) At the predetermined time as stated under Section 2 or sooner if OOPA demands it.
c) With the same amount of fuel reflected on the checklist. If not returned with appropriate fuel level, OOPA is authorized to charge the Renter for the difference.
d) For all electric vehicles, the battery level must be returned at the same percentage as at the time of release. Failure to do so will result in a charge of ₱35.00 per 1% of battery deficiency, computed up to the battery percentage recorded at the time of release or turnover.
e) With keys promptly returned.
Fuel and toll fees shall be borne by the Renter. Excess fuel or toll payments shall not be refunded nor applied as an offset against any other charges.
• Smoking Prohibition: Renter is strictly prohibited from smoking inside the Vehicle at all times. Violation will result in a minimum penalty of ₱3,500.00.
• Foul-Smelling Items: Renter is not allowed to bring foul-smelling food/items inside the Vehicle. Violation will result in a minimum penalty of ₱3,500.00.
• Pets: Renter is welcome to bring pets; however, if pet fur is scattered inside the vehicle, or if there is any presence of urine or feces, a detailed cleaning fee will be charged:
- ₱3,500.00 for sedans
- ₱4,500.00 for MPVs, SUVs, and pick-ups
- ₱5,500.00 for vans
Only persons who are expressly named in this Agreement as driver(s) and who meet the age and license requirements are authorized to drive the rented Vehicle. If the Vehicle is driven by an unauthorized person, all insurance becomes null and void, and the Renter is fully liable for all damages.
The Renter is unauthorized to:
• Drive under the influence of alcohol and prohibited drugs
• Drive in or across rivers or any kind of watercourses without consent from OOPA
• Propel or tow any other vehicles, trailers, or other heavy items
• Transport goods in violation of customs rules and regulations
• Use the Vehicle for transporting passengers as a common carrier
• Lend or sublease the Vehicle
In the event of collision, crime, or accident, the Renter shall immediately notify the police, as well as OOPA. The Renter may not leave the venue until notification is done and the police have arrived, or a police report has been prepared.
CRITICAL REQUIREMENT:
If the Renter does not report the incident within 1 hour from its occurrence or does not cooperate with OOPA and the authorities, the Renter is fully liable for the damage or loss and shall pay for it in full, exclusive of the insurance.
Renter is not authorized to have repairs or make changes to the Vehicle and its attachments without the prior consent of OOPA.
Renter is responsible for all parking tickets and fines for traffic violations. Renter shall answer for all costs and fines in the event the Vehicle is impounded, confiscated, or otherwise encumbered.
OOPA is authorized to take possession of the vehicle from the Renter at its discretion and without notice if it has been illegally parked or has been used in a manner that does not conform to this Agreement.
PENALTY CLAUSE:
The Renter shall pay a minimum penalty of One Million Pesos (PhP 1,000,000.00) without prejudice to obtaining other reliefs based on law and equity for breach of any of the obligations under this Agreement. It is up to the sole discretion of OOPA to determine the appropriate penalty.
In case the Vehicle needs repair due to damage occurring during the time the Vehicle was in the Renter's possession, the Renter may be eligible for FULL INSURANCE COVERAGE from a third-party provider but subject to approval.
Claims must be complied with including but not limited to:
• Securing a police report
• Providing a photocopy of the driver's license
• Payment of 50% of the daily 24-hour rental rate until the Vehicle is validated as repaired
• Payment of a FIVE THOUSAND PESOS (₱5,000.00) participation fee
9.3 OOPA is not liable for the validity of any insurance claim.
IMPORTANT:
In case of loss or total damage to the vehicle, the Renter shall always be liable for a minimum of 10% of the current market value of the Vehicle regardless of its insurance coverage. Payment shall be made within seven (7) days from the date of accident/loss.
All indemnification by the Renter is independent of any money due from insurance providers.
In no event shall OOPA, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of its vehicles whether such liability is under this Agreement.
OOPA, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to Renter's use of its services.
IMPORTANT LIMITATIONS:
• OOPA is not liable for any losses of valuables, money, or property left in the car by the Renter.
• OOPA shall not be responsible for any unforeseen happenings beyond human control (force majeure) during the duration of this Agreement.
• Renter guarantees that the Vehicle shall be used for lawful purposes only and in strict conformity with all applicable Philippine laws.
The Parties shall as often as possible mutually consult with each other with respect to the performance of their respective obligations under this Agreement. The Parties shall exert their best efforts to properly resolve any differences or disagreements with respect to any dispute that may arise in connection with this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Arbitration or any action brought to enforce or interpret this Agreement shall be brought in the courts of the Philippines to the exclusion of all other courts.
Financial Obligations:
In cases involving the willful acts and/or gross negligence of the Renter resulting in damage to the life and/or property of OOPA, the Lessors, or third parties, the Renter shall bear and defray all costs and expenses incurred in connection therewith, including, but not limited to, court costs, attorney's fees, and other litigation-related expenses. For all monetary claims arising under this Agreement, legal interest shall accrue at the rate of two and one-half percent (2.5%) per month, computed from the time the obligation becomes due and demandable, without need of prior demand.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
In line with the implementation of various local government units' and the national government's No-Contact Apprehension Policy (NCAP), this annex outlines OOPA's policy regarding the retention and use of renter information for the purpose of addressing any traffic violations incurred during the rental period.
To ensure compliance and accountability, OOPA shall retain the contact information and rental records of all renters for a period of six (6) months from the date of return of the vehicle. This retention period allows us to respond promptly in the event that a traffic violation under the No-Contact Apprehension Policy is issued to any of our vehicles during your rental period.
The primary purpose of retaining your information is to:
1. Identify the responsible party in case of any traffic violation captured via NCAP.
2. Facilitate communication between OOPA and the renter for the settlement or clarification of such violations.
OOPA is fully committed to protecting your personal information. All data collected will be handled in strict accordance with the Data Privacy Act of 2012 (Republic Act No. 10173). This means:
1. Your information will be kept confidential and secure.
2. It will be accessed only by authorized personnel.
3. It will not be shared with third parties except as required by law or with your express consent.
After the six-month retention period, all personal information retained for this purpose shall be securely disposed of in accordance with data disposal best practices.
ACKNOWLEDGMENT:
By signing the Vehicle Rental Agreement, the renter acknowledges and agrees to this policy as part of the terms and conditions of the rental.
ACKNOWLEDGMENT AND CONSENT
By signing this contract, the undersigned party acknowledges and agrees to all the terms and conditions set forth herein.
Furthermore, the undersigned fully understands and accepts that any violations of these terms will be subject to the applicable penalties as stated in this agreement.
This acknowledgment signifies the party's consent to abide by the provisions of the contract and to be held accountable for any breaches thereof.
For questions or concerns regarding this agreement, please contact OOPA Support.