1. Definitions
In this Agreement:
- “Vehicle” refers to the car described in the rental schedule, including all parts, tools, accessories, and any replacement vehicle provided by the Owner.
- “Rental Period” means the period stated in the rental schedule, beginning and ending on the dates and times specified.
- “Damage to the Vehicle” includes loss or damage to the vehicle, tyres, tools, and accessories, and any related costs.
2. Agreement
The Owner agrees to rent and the Hirer agrees to hire the vehicle for the rental period under the terms stated in this agreement. The Hirer acknowledges that the vehicle remains the property of the Owner at all times.
3. Travel Insurance
The Owner does not provide travel insurance. Hirers are strongly advised to purchase personal travel insurance prior to rental. The Owner is not responsible for loss, damage, accidents, injuries, or items left in the vehicle.
4. Hirer’s Eligibility and Responsibility
- Hirer must be between 23 and 65 years old and possess a valid driving license for at least two (2) years.
- Hirer must not suffer from any condition affecting safe driving.
- Hirer must not have previous traffic convictions, cancelled insurance, or refused renewals.
- Vehicle passenger capacity must not exceed legal limits (typically five, including the driver).
5. Payment Terms
- A deposit is payable upon booking or collection.
- The Hirer must pay all rental charges, fuel costs, taxes, levies, and any additional fees as stated in the rental schedule.
- Charges for towing, repossession, or late return may apply where relevant.
6. Vehicle Use and Obligations
- Only the Hirer (or approved drivers) may operate the vehicle.
- The vehicle must be driven responsibly and kept clean and roadworthy.
- Hirer must not use the vehicle for racing, illegal purposes, or while under the influence of alcohol or drugs.
- Vehicle use is limited to properly constructed roads within approved territories.
- All fines, penalties, and legal costs incurred during rental are the responsibility of the Hirer.
7. Accidents and Damage
- In case of an accident, Hirer must immediately notify the Owner and complete the accident report form.
- Hirer must obtain details of all involved parties and witnesses.
- Hirer shall not repair or authorize repairs without Owner’s written approval.
- Minor damages below the insurance excess are payable by the Hirer.
8. Insurance and Liability
- Basic third-party insurance is included.
- Collision Damage Waiver (CDW) is available at additional cost to reduce excess liability.
- CDW does not cover scratches, dents, accessories, tyres, or interior damage.
- Hirer remains liable for damage if agreement terms are breached or if negligence occurs.
9. Breakdown and Repairs
- In case of breakdown within Kuching–Serian area, Owner will replace the vehicle at no cost.
- For breakdowns outside this area, Hirer bears towing or transport costs.
- Repairs above RM100 require Owner’s approval for reimbursement.
10. Ownership and Possession
The Hirer acknowledges being a bailee of the vehicle only and must not sell, sublet, encumber, or part with possession of the vehicle.
11. Indemnity
The Hirer agrees to indemnify the Owner against any loss, cost, damage, or legal liability arising from misuse, negligence, or breach of this agreement.
12. Limitation of Liability
The Owner shall not be liable for personal injuries, losses, or damages sustained by the Hirer or third parties resulting from use or defects of the vehicle. The Hirer is responsible for ensuring the vehicle is roadworthy at pickup.
13. Waiver
No delay or indulgence by the Owner in enforcing any term shall affect its rights or constitute a waiver of future breaches.
14. Governing Law
This agreement is governed by the laws of Malaysia, and both parties submit to the jurisdiction of Malaysian courts.
15. Territorial Limit
- The vehicle may not be taken outside East Malaysia without prior written consent.
- Driving into Indonesia is strictly prohibited. Any loss or damage from violation shall be the Hirer’s full responsibility.
- Vehicles are permitted for use within East Malaysia and Brunei only.