Terms and Conditions Governing the Disbursement of Government’s Extension of the Special Relief Fund (ESRF)
The following Terms and Conditions govern the application by the applicants (each an “Applicant” and collectively, the “Applicants”) for the disbursement of the applicable Extended Special Relief Fund (“ESRF”) quantum.
1. Disbursement Period
1.1 The ESRF shall be disbursed to the following individuals for the respective periods:-
1.1.1 eligible taxi drivers (“Eligible Taxi Drivers”) for the period from 26 September 2020 to 24 March 2021 (both dates inclusive) (“TESRF Period”); and
1.1.2 eligible private hire car (“PHC”) drivers (“Eligible PHC Drivers”) for the period from 13 October 2020 to 10 April 2021 (both dates inclusive) (“PESRF Period”).
1.2 References in these Terms and Conditions to “Eligible Drivers” shall refer to Eligible Taxi Drivers and Eligible PHC Drivers collectively, and references to “ESRF Period” shall refer to TESRF Period and PESRF Period collectively.
1.3 The applicable ESRF quantum will be paid out to Eligible Drivers by their respective taxi service operator or nominated PHC booking service operator, as the case may be.
2. Eligibility Criteria
2.1 Individuals are Eligible Drivers if they meet either of the following criteria:-
2.1.1 The individual is and remains an Eligible Driver for the special relief fund, and continues to meet the eligibility criteria to be an Eligible Driver for the special relief fund during the ESRF Period. For further information on the eligibility criteria for the special relief fund, please refer to the following link:- [https://go.gov.sg/ppsp3-info]. For the avoidance of doubt, in the case of Eligible PHC Drivers, for the ESRF disbursement in each relevant month (October 2020, November 2020, December 2020, January 2021, February 2021, March 2021 or April 2021), the individual continues to meet the eligibility criteria to be an Eligible Driver if he has completed at least one (1) trip with the nominated PHC booking service operator during the month preceding the relevant month; or
2.1.2 In the case of newly Eligible PHC Drivers, individuals who meet all of the following criteria:-
a. has held a valid vocational licence as at 31 January 2020 and continues to hold a valid vocational licence for the entire PESRF Period;
b. maintains an active driver account with his/ her nominated PHC booking service operator for the entire PESRF Period;
c. has completed either (i) an aggregate minimum of 200 ride-hail trips in the month of January 2020; or (ii) a minimum average of 200 trips per calendar month for the period from October 2019 to January 2020 (inclusive) that the individual resumed the provision of ride-hail trips. For the purpose of this sub-clause 2.1.2(c)(ii), for the number of completed trips to be reckonable towards the minimum average, the individual must have commenced the trips from the first calendar day of the calendar month; and
d. has completed at least one (1) trip with the nominated PHC booking service operator during the month preceding the relevant month.
2.2 Eligible PHC Drivers who share any particular PHC during the period from October 2019 to January 2020 shall have their ESRF quantum apportioned equally between all Eligible PHC Driver(s) sharing that PHC.
2.3 Eligible Taxi Drivers who share their taxis with sub-hirers during the TESRF Period are encouraged to share the ESRF quantum with their sub-hirers.
2.4 Eligible Drivers under any stay-home notice, quarantine order, leave of absence, hospitalization leave or certified sick leave (each a “work absence order” and collectively, the “work-absence orders”) shall only receive the ESRF quantum if they do not receive full reimbursement or compensation for their vehicle rental as a result of any work absence order(s) issued to them. For the purposes of this Clause 2.4, “certified sick leave” shall mean certification to be unfit for work or duty by a medical practitioner registered under the Medical Registration Act (Cap. 174) or Dental Registration Act (Cap. 76).
2.5 Eligible PHC Drivers are required to nominate, on an irrevocable basis, one (1) PHC booking service operator, whom they:-
2.5.1 Hold and maintain an active driver account with; and
2.5.2 Intend to receive payment of the applicable ESRF quantum from.
2.6 Notwithstanding Clause 2.4, Eligible PHC drivers who wish to change their nominated PHC booking service operator may write in to LTA with their request to nominate a different PHC booking service operator, provided that:-
2.6.1 The criteria set out in Clauses 2.4.1. and 2.4.2 above apply vis-à-vis that Eligible PHC Driver and the PHC booking service operator whom the Eligible PHC Driver is seeking to nominate; and
2.6.2 LTA has provided consent in writing to the change in nomination, such consent to be given only at LTA’s sole and absolute discretion.
2.7 Notwithstanding Clause 2.1, and subject to Clauses 4.1, 4.2 and 4.3, LTA may, in special circumstances, appoint an Applicant (who is a PHC driver) to be treated as an Eligible Driver for the purposes of receiving payment of the applicable ESRF quantum from the PHC booking service operator, notwithstanding that the Applicant does not fulfil the eligibility criteria set out in Clause 2.1. For the avoidance of doubt, Clause 4.4 shall apply to such Applicant whom LTA has appointed to be treated as an Eligible Driver for the purposes of receiving payment of the applicable ESRF quantum, pursuant to this Clause 2.7.
3. ESRF Quantum
3.1 The ESRF quantum payable to the Eligible Driver is $10 per taxi (or PHC, as the case may be) per day of the TESRF Period (or PESRF Period, as the case may be).
4.1 LTA shall have the sole and absolute discretion and right to determine whether any individual is an Eligible Taxi Driver (or Eligible PHC Driver, as the case may be), and whether or not the applicable ESRF quantum should be disbursed to such individual.
4.2 LTA’s decisions on all matters, including the determination referred to in Clause 4.1 above, shall be undisputed, final and binding, and LTA shall not be obliged to provide any reasons for its decision. LTA and the relevant taxi service operator (or PHC booking service operator, as the case may be) shall not be obliged to enter into any correspondence with any individual or any other party on any matter in relation to the ESRF.
4.3 Subject to Clauses 4.1 and 4.2 above, individuals who have been determined not to be Eligible Drivers at first instance may submit an appeal to LTA, for further consideration of that individual’s eligibility. For the avoidance of doubt, Clause 4.1 and 4.2 above shall apply to the appeal.
4.4 The Applicant acknowledges and agrees that the relevant taxi service operator (or PHC booking service operator, as the case may be) has the right to claw back or set off any disbursements made by the latter in connection with the Applicant’s application, if it is found that the Applicant has breached any of the Terms and Conditions, or if LTA in its sole and absolute discretion determines that the Applicant is not eligible to receive the applicable ESRF quantum. In the event of disqualification, the Applicant shall also return to the relevant taxi service operator (or PHC booking service operator, as the case may be) any or all ESRF quantum(s) disbursed in connection with his/ her application for the ESRF quantum, if required and within the period stipulated by LTA at its sole discretion. Any ESRF quantum not so returned shall be a debt due to LTA by the Applicant and enforceable as such.
4.5 The Applicant undertakes to indemnify and hold LTA and the relevant taxi service operator (or PHC booking service operator, as the case may be) harmless from any loss, liability, claim or demand (including legal fees on a solicitor and client basis), made by any third party under any cause of action whatsoever due to or arising out of or in connection with the ESRF and these Terms and Conditions.
4.6 These Terms and Conditions are governed by and interpreted in accordance with the laws of the Republic of Singapore and the Applicant hereby agrees to submit to the exclusive jurisdiction of the Singapore courts.
4.7 LTA’s rights and remedies under these Terms and Conditions are cumulative and are in addition to and without prejudice to any rights or remedies that LTA may have at law or in equity. Further, no exercise by LTA of any right or remedy under these Terms and Conditions shall operate to hinder or prevent the exercise by LTA of any other right or remedy under these Terms and Conditions, or any other right or remedy available to LTA at law or in equity.
5. Collection of Personal Data
5.1 The information provided in the completed application form submitted over http://Go.gov.sg/srf-opnom (or http://Go.gov.sg/srf-latenom, or http://go.gov.sg/esrf-opnom), will remain confidential and used by LTA and the relevant taxi service operator (or PHC booking service operator) solely for the purposes of evaluating the Applicant’s application and verifying the Applicant’s eligibility for the applicable ESRF quantum. However, LTA may disclose the information (including personal data) contained in the completed application form submitted over http://Go.gov.sg/srf-opnom (or http://Go.gov.sg/srf-latenom, or http://go.gov.sg/esrf-opnom), if the disclosure is required and/or permitted by law.
6. Contracts (Rights of Third Parties) Act
6.1 Save to the extent as expressly provided in Clauses 4.4 and 5.1, a person who is not a Party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53) to enforce any of its terms.
7. Amendments to these Terms and Conditions
7.1 LTA reserves the sole and absolute discretion to amend and update these Terms and Conditions at any time without notice to the Applicants. It is the Applicants’ responsibility to check http://go.gov.sg/ppsp2-info (or http://go.gov.sg/ppsp3-info) for any amendments or updates. Applicants acknowledge and agree that it is their personal responsibility to review these Terms and Conditions periodically and to keep themselves updated of any amendments thereto. Applicants’ continued participation in the ESRF, including receiving the disbursement of the applicable ESRF quantum from the relevant taxi service operator or PHC booking service operator, following the posting by LTA of any amendments to these Terms and Conditions, shall be deemed by LTA to be the Applicant’s acceptance of those amendments.
8.1 Eligible Drivers should provide their feedback to, and work with, their respective taxi service operator (or nominated PHC booking service operator, as the case may be) with regard to any payment issues in relation to the ESRF.