CONTRACT TERMS AND CONDITIONS

(Applicable to customers renting vehicles from Motorcycle Vietnam Co., Ltd.)

The customer (hereinafter referred to as “Party B”) is required to carefully read and agree to the terms and conditions outlined below before signing the rental agreement and using the services provided by Motorcycle Vietnam Co., Ltd. (hereinafter referred to as “Party A”). These terms form an integral part of the vehicle rental contract to ensure the rights and responsibilities of both parties.

Article 1. Definitions

In this document, the following terms are defined as follows:

  • Party A: Motorcycle Vietnam Co., Ltd., the entity that owns and rents out the vehicles.

  • Party B: The individual or organization renting the vehicle, as specified in the rental agreement.

  • Vehicle: Motorcycles, scooters, and related equipment provided by Party A.

  • Rental period: The time duration from when Party B receives the vehicle until Party A takes it back.

  • Rental agreement: A written or electronic agreement that establishes the rental relationship between the two parties.

  • Security deposit: Cash or personal identification documents provided by Party B to ensure fulfillment of the contract.

Article 2. Responsibilities and obligations of the parties

2.1. Responsibilities and obligations of Party A

Party A is responsible for handing over the vehicle in the correct type, proper technical condition as stated in the contract. The vehicle must be delivered in good working condition, safe for use, and with enough basic fuel to operate.

Party A shall receive the vehicle back at the end of the rental period, inspect it, and return the security deposit provided that no financial obligations or compensation are incurred by Party B.

2.2. Responsibilities and obligations of Party B

Party B is responsible for fully paying the rental fee in cash, by card, or via bank transfer (if accepted) at the time of receiving the vehicle. All additional costs incurred during the rental period, including extra charges, damages, and fines, must be paid to Party A when the vehicle is returned.

During the rental period, Party B agrees to:

  • Not exceed 70 km/day for city-use rentals and 200 km/day for suburban or interprovincial rentals. If exceeded, Party B will be charged a surcharge of USD 1 per every 10 km over the limit.

  • Keep and maintain the vehicle in its original condition, using the correct type of fuel required by the vehicle’s technical specifications. Any unauthorized dismantling, replacement, or repair without written approval from Party A is strictly prohibited. If unauthorized part replacement is discovered, Party B must compensate double the value of the replaced parts.

  • Do not operate the vehicle on dangerous routes or in areas requiring a local guide without Party A’s approval. If violated, Party B will be fully responsible for any damage or related costs.

  • In the event of an accident, breakdown, or collision, Party B must notify Party A immediately and cooperate in resolving the issue. Party B must not repair the vehicle without Party A’s instructions. Any costs arising from damage due to Party B’s fault or unauthorized repairs will be fully borne by Party B.

  • Do not use the vehicle for illegal purposes, including but not limited to: transporting prohibited or smuggled goods, engaging in illegal races, pawning, subleasing, transferring the vehicle, or engaging in activities that endanger public safety.

  • Bear all repair or replacement costs for flat tires or damages caused by road conditions.

  • In case of an accident, Party B must preserve the scene, perform necessary first aid, and immediately notify local authorities and Party A. If authorities determine that Party B is at fault, Party B shall bear full legal responsibility under Vietnamese law and compensate for all property damages, including any protective gear provided by Party A (if any).

  • Be fully responsible for all legal and financial penalties related to traffic violations (including delayed or remote violations). If such a notice is sent to Party A, Party B must cooperate and pay the full amount.

  • If the vehicle is impounded by authorities, Party B shall bear all related costs and legal consequences. Should Party A assist with the resolution, Party B agrees to pay a service fee as agreed.

  • If the security deposit is in cash, it will be non-refundable in case Party B cancels the contract for any reason. If the deposit is an ID document, Party B may convert it into cash upon request from Party A. In the event of financial non-fulfillment, the deposit will become the property of Party A without further legal procedures.

  • If the vehicle becomes unusable due to Party B’s fault or negligence (including but not limited to: breakdowns, lost keys, running out of fuel, impoundment by authorities, or other violations), Party B remains obligated to pay the full rental fee for the entire duration the vehicle is out of use, as if the vehicle were still in normal rental service.

Article 3. Additional provisions

Party B is strictly prohibited from using the rented vehicle for any illegal activities, including but not limited to: transporting prohibited goods, smuggled items, narcotics, weapons; pawning, mortgaging, subleasing, or gifting the vehicle to others. Modifying the vehicle’s structure or using it for illegal racing is also strictly prohibited.

Party A reserves the right to unilaterally terminate the contract if Party B violates any of the above provisions. In case Party B becomes unreachable or intentionally uncooperative, Party A has the right to reclaim the vehicle using necessary means and report the case to competent authorities in accordance with the law.

If Party A supports the transportation of luggage, personal belongings, or other property for Party B during the rental period, the parties agree as follows:

  • Party A may assist with transporting luggage, personal items, or other belongings as a courtesy service, not as a dedicated transport service.

  • Party A shall not be liable for any loss, damage, delay, or mishandling of luggage or belongings during transport, even in the event of objective risks such as bad weather, transport vehicle failure, or third-party fault. Party B is advised to arrange insurance coverage for their belongings if necessary.

  • Party B is responsible for safely packing their luggage and must not send items of high value, fragile goods, flammable materials, prohibited substances, or any items banned under Vietnamese law. Party A reserves the right to refuse transport if any prohibited content is discovered.

  • In case of lost luggage, Party A will make every effort to assist in locating or verifying the loss, but is not obligated to provide compensation.

Article 4. Scope of application and dispute resolution

This rental contract and its terms are governed by the laws of the Socialist Republic of Vietnam. Any dispute arising during the execution of this contract shall be resolved primarily through negotiation between both parties. If no agreement is reached, the dispute will be referred to the competent state authority at Party A’s registered location. The party at fault shall bear all costs related to the dispute resolution, including legal fees if applicable.

Article 5. Contract validity and liquidation

This rental contract becomes effective from the moment Party B signs and receives the vehicle from Party A and shall terminate when Party A receives the vehicle back in the agreed condition. Within three (03) days after the end of the rental period, if there is no objection or feedback from either party, the contract is automatically considered settled.

Article 6. Confirmation and legal binding

By ticking the confirmation box and clicking "Submit" on the rental agreement form, Party B affirms that they have carefully read, fully understood, and completely agreed to all contents of these Terms and Conditions. This electronic confirmation has the same legal validity as a handwritten signature and serves as a legal basis for establishing the rights and obligations binding both parties.