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CONTRACT OF LEASE OF MOTOR VEHICLE

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF LEASE OF MOTOR VEHICLE (hereinafter referred to as


the “Contract”) is entered into and made effective as of the day set forth at the
end of this document by and between:

___________________________, of legal age, single/married to (Name of


spouse if any), Filipino, and with residence and postal address at _____________
__________________________ hereinafter referred to as the LESSOR-OPERATOR.

-AND-

TOURISMO PHILIPPINES (Tourismo PH), a corporation duly organized


and existing under Philippine law with principal office and business address at
____________________________________________________ and represented in its act
by ________________________, _________(position)_______, hereinafter referred to
as the LESSEE-CORPORATION.

WITNESSETH; That

The parties agree to the following:

I. RECITALS

WHEREAS, the LESSOR-OPERATOR is the registered owner of the motor


vehicle/s.

WHEREAS, the LESSOR-OPERATOR wishes to lease the motor vehicle/s to


the LESSEE-CORPORATION.

WHEREAS, the LESSEE-CORPORATION is a corporate entity which has the


capacity to undertake a LONG TERM LEASE CONTRACT DEFINED UNDER
LTFRB MEMORANDUM CIRCULAR (MC) No. 2019-003, 2019-015 fleet
management lease or use vehicles for tour purposes.

WHEREAS, the LESSOR-OPERATOR is willing to accept the above-described


vehicle under its fleet management program.
WHEREAS, this Contract is a Contract of Lease only and the LESSEE-
CORPORATION shall have no title, right or interest in or to the motor
vehicle/s except for the use of the said vehicle/s for the use or purpose
hereinafter set forth.

II. DESCRIPTION OF LEASED VEHICLE/s

The vehicle/s, as the subject of this Contract, is/are particularly described


as follows:

1. CONDITION: Brand New / Second Hand


MAKE:
MODEL:
YEAR:
BODY TYPE:
COLOR:
LICENSE PLATE NO./CONDUCTION STICKER NO.:
CR:
OR:
CHASSIS NO.
ENGINE/MOTOR NO.

2. CONDITION: Brand New / Second Hand


MAKE:
MODEL:
YEAR:
BODY TYPE:
COLOR:
LICENSE PLATE NO./CONDUCTION STICKER NO.:
CR:
OR:
CHASSIS NO.
ENGINE/MOTOR NO.

3. CONDITION: Brand New / Second Hand


MAKE:
MODEL:
YEAR:
BODY TYPE:
COLOR:
LICENSE PLATE NO./CONDUCTION STICKER NO.:
CR:
OR:
CHASSIS NO.
ENGINE/MOTOR NO.
III. TERMS AND CONDITIONS

A. The LESSOR-OPERATOR, as the existing registered owner, shall cause


the registration of this memorandum on the registration documents of
the vehicle sought to be enlisted under the management program and
before the proper court/body.

B. The DURATION of this Contract of Lease shall be for EIGHTEEN (18)


MONTHS which shall commence from the time that this Contract is
signed and payment is made in consideration of the lease for the amount
of ___________________ in Philippine Currency (Php ).

Upon its expiration, this Contract may be renewed under the same terms
and conditions or those that may be mutually agreed upon by both
parties, a written notice of intention to renew the lease shall be served to
the LESSOR-OPERATOR not later than thirty (30) days prior to the
expiry date of the period herein agreed upon.

Should a party no longer desire to pursue the contract for the succeeding
year, or the vehicle enrolled is taken or shall be taken out for any reason
for the service by the LESSOR-OPERATOR or by any rightful party for
the duration of this Contract, then the LESSOR-OPERATOR shall pay the
LESSEE-CORPORATION, the remaining credits and security deposit
pursuant to the provisions of the Contract of Subscription shall be
forfeited in favor of the LESSEE-CORPORATION.

C. The LESSEE shall provide the technical support necessary and the
preventive maintenance as may be required by the proper government
agency/ies for the continued operation of the vehicle as a franchised
vehicle. The costs thereof shall be shouldered by the LESSEE

D. The LESSOR-OPERATOR shall secure the proper insurance for the


vehicle that shall be required by the proper regulatory agency and any
liability arising from any act causing damage to goods, property or any
injury or death caused by or arising from any incident involving the
enrolled vehicle and which liability shall exceed the proceeds of the
insurance so secured by the owner shall solely and exclusively for the
account of the owner.

E. THE LESSOR-OPERATOR shall comply with the established and well-


defined service quality, performance measures that shall be required of
him by the LESSEE-CORPORATION, such as: (a) on time performance;
(b) safety performance; (c) maintenance reliability; and (d)
client/passenger satisfaction.
F. The LESSOR-OPERATOR shall faithfully comply with the methods and
frequency of performance measurements that shall be implemented by
the LESSEE-CORPORATION.

G. The LESSOR-OPERATOR shall faithfully comply with the communication


system to be established by the LESSEE-CORPORATION for its fleet
management operations.

H. The LESSEE-CORPORATION shall provide the LESSOR-OPERATOR with


online tour bookings through a mobile application, the services of which
shall be exclusively performed by the LESSOR-OPERATOR for the
LESSEE-CORPORATION and subject to the agreements set forth under a
separate Contract of Subscription.

I. The LESSOR-OPERATOR agrees to maintain the vehicle/s in good


condition, repair maintenance, roadworthiness and running order. The
LESSOR-OPERATOR shall be responsible for all the expenses that shall
result as part of the normal wear and tear of the motor vehicle/s.

J. The LESSOR-OPERATOR agrees to comply with the LESSEE-


CORPORATION’s requirement of maintenance of the vehicle/s such as
but not limited to tire rotation and replacement, replacement of the air
filter replacement of hoses, clamps, belts, spark plugs and oil changes.

K. The LESSOR-OPERATOR assumes and agrees to bear the entire risk of


loss, theft of, damage to, or destruction of the vehicle/s from any cause
whatsoever. In the event of such occurrence to the vehicle/s, the
LESSOR-OPERATOR shall give the LESSEE-CORPORATION prompt
notice of the occurrence and thereafter place the vehicle/s in good repair,
condition and working order.

L. The vehicle/s is/are not to be operated by drivers without an appropriate


license or those restricted under an insurance policy.

M. Should any of the parties herein be compelled to seek judicial relief


against the other, any and all actions arising from this Contract shall be
brought exclusively before the proper court in Quezon City, Philippines.

N. If a court holds any provision of this Contract to be illegal, invalid, or


unenforceable, the remaining provisions shall remain in full force and
effect and the parties will amend this Contract so as to give effect to the
stricken clause to the maximum extent possible.
IN WITNESS WHEREOF, the parties herein affixed their signatures this ____
day of __________, 20__ at ___________________________, Philippines.

__________________________ __________________________
LESSOR-OPERATOR LESSEE-CORPORATION
(By: Authorized Representative)

Signed in the presence of:

_____________________________ ______________________________

ACKNOWLEDGEMENT

Republic of the Philippines)


City of ) S.S

BEFORE ME, personally appeared:

Name VALID I.D.s Date/Place Issued

Known to me and to me known to be the same persons who executed the


foregoing instrument and acknowledged to me that the same is their free and
voluntary act and deed.

This instrument consisting of ____ page/s, including the page on which this
acknowledgement is written, has been signed on each and every page thereof
by the concerned parties and their witnesses, and sealed with my notarial seal.

WITNESS MY HAND AND SEAL, this ___ day of ___________, 20__ at


______________________________, Philippines.

Notary Public

Doc. No.____;
Page No. ___;
Book No.___;
Series of 20___.

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