Terms and Conditions

RENTAL AGREEMENT TERMS AND CONDITIONS

This Rental Agreement is made BETWEEN BORNEO EXPRESS RENT A CAR & TOURS SDN. BHD. The BE Licensee in Malaysia, on the one part (hereinafter called “the Owner”) and the party whose particulars and signature appear on the reverse side (hereinafter called “the Renter”) and subject to all the terms and conditions appearing on this page and on the reverse side hereof whether printed or written. The Renter acknowledges and agrees as follow:

1. RATES
Rates are for a minimum of 24 hours rental. Additional hours will be charge per hour. Rate include unlimited mileage & maintenance. Unless it is an agreed hourly rental and/or chauffeur driven rental, and/or otherwise specified.

2. VEHICLE REPAIRS / WARRANTY DISCLAIMER
The Rental Vehicle (hereinafter called “the Vehicle”) is the Owner’s property. This Agreement is a contract for use of the Vehicle only. While vehicle is on rental to the Renter. The Renter is not the Owner’s agent for any purpose, in any capacity or representation, therefore any service to or replacement of a part or accessory in the Vehicle during the rental period must have the Owner’s prior approval. The Renter acquires no rights other than the right to use the Vehicle in accordance to the rental agreement. THE OWNER MAKES NO WARRANTY OF ANY KIND, IN ANY NATURE OR DESCRIPTION, EXPRESSED OR IMPLIED AS TO THE MERCHANTABILITY OF FITNESS FOR ANY PARTICULAR PURPOSE OF ANY VEHICLE COVERED BY THIS AGREEMENT. The Renter shall not make any claim against the Owner for damages for delay due to the breakdown or accident involving the Vehicle and shall indemnify the Owner for all damages payable by the Owner as a result of such claims.

3. RESPONSIBILITY FOR VEHICLE CONDITION / REPOSSESSION.
a) At the expiration or termination of the rental period, the Renter shall, unless instructed otherwise by the Owner, remove at his own cost all accessories (if any) affixed by the Renter and shall deliver the Vehicle to the Owner at such address as recorded on the rental agreement, in good order, repair and condition (fair wear and tear resulting from the proper use thereof expected) failing which the Renter shall be liable to reimburse the Owner on demand for all costs of restoring the Vehicle to such good order and condition.

b) If the Vehicle has not been returned to such location on the due date, but in no more than 30 days after termination of the rental, and the Owner thereafter delivers or mails to the Renter at such address set forth on reverse side of the rental agreement, a demand to return the Vehicle to the Owner at such location the Owner may repossess Vehicle at any time thereafter at the Renter’s expense. The Owner reserves the right to terminate the rental of the Vehicle at any time without notice. The Renter waives prior notice, pre-seizure hearing and judicial process as prior condition to the Owner’s repossession and expressly acknowledges personal liability to pay to the Owner the full amount of costs or damages incurred or sustained by the Owner as a result of the confiscation of the Vehicle by any government or other legal authorities including but not restricted to the cost of the Vehicle.

4. COLLISION DAMAGE WAIVER (CDW)
In the event of collision to the Vehicle whereby damage to the Vehicle is sustained, the Renter shall pay to the Owner the total repair costs for the damages sustained by the Vehicle in the collision. However, if the Vehicle is operated in accordance with the terms and conditions of rental, the renter’s liability for such damages is as follows:

i) Shall not exceed Malaysian Ringgit three thousand five hundred only ( RM 3,500.00 ) for below 1800cc vehicles and Malaysian Ringgit five thousand ( RM 5,000.00 ) for above 1800cc vehicles.

ii) Part of this liability may be waived if the Renter have purchased in advance the partial collision damage waiver (CDW) and agreed to pay the requisite fee as evidenced by the Renter’s initials in the CDW space provided in the schedule hereof the waiver does not apply to and the Renter is responsible for the amount of non-waiveable damage excess RM 1,800.00 for below 1800cc vehicle and RM 2,800.00 above 1800cc vehicle. The CDW however, does not cover damage due to negligence, windscreen and riot. The vehicle is not covered-by insurance policies for injuries or death to the Renter and passenger of the vehicle. There shall be no waiver whatsoever if damage due to the vehicle is caused by the Renter driving in violation of the rental agreement by abuse thereof of by driving recklessly, of driving while under the influence of alcohol or drugs and in such cases the Renter shall be responsible for the full costs of damage to the Vehicle and shall reimburse the Owner for loss for business.

5. IF THE RENTER:
a) PERMITS THE USE OF THE VEHICLE BY PERSONS OTHER THAN THE RENTER OR AUTHORISED OPERATOR, OR

b) IS IN BREACH OF ANY OF THE TERMS OF THIS AGREEMENT, OR

c) USES OR IF THE VEHICLE IS USED BY ANY PERSON OTHER THAN THE RENTER AND/OR THE AUTHORISED OPERATOR, OFF PAVED ROAD AND OR IN RECKLESS ABUSIVE OR WANTON MANNER, OR

d) MISUSES OR IF THE VEHICLE IS MISUSED BY ANY PERSON, THEN THE RENTER AND THE AUTHORISED OPERATOR SHALL BE LIABLE FOR ANY AND ALL LOSSES OR DAMAGE TO THE VEHICLE INCLUDING THE LOSS OR DAMAGE SUFFERED BY THE OWNER RESULTING FROM THE INABILITY TO USE THE VEHICLE AND/OR LET THE SAME ON HIRE REGARDLESS OF WHETHER THE RENTER HAS ACCEPTED THE CDW.

6. PAYMENT OF CHARGES
BORNEO EXPRESS RENT A CAR AND TOURS SDN. BHD. accepts the following credit/charge cards: Visa & Master Card.

7. COMPUTATION OF CHARGES
Except as provided in paragraph 5, the Renter shall pay the Owner on demand the sum of:

a) TIME AND KILOMETER CHARGES
Which charges shall be computed at the rate shown in this Agreement (Kilometers to be determined by reading the factory installed odometer in the Vehicle).

ALL TOURING RATE TERMS AND CONDITIONS MUST BE COMPLIED WITH OR CUSTOMER SHALL BE CHARGED IN ACCORDANCE WITH OWNERS GASOLINE INCLUDED TIME AND MILEAGE RATES IF APPLICABLE.

Where the Vehicle is not returned to the agreed rental location, the Renter shall also be responsible for payment of any drop-off charges where applicable in accordance with the current copy of brochure rate available from the rental location.

b) REFUELING SERVICE CHARGES
Every vehicle is rented out with fuel as specified under the rental agreement and must be returned the same. Otherwise the Renter will be charged for a refill upon return.

c) CDW AND OTHER CHARGES
In accordance with the Owner’s current brochure available, if and where applicable.

d) PERSONAL ACCIDENT INSURANCE CHARGES
In accordance with the Owner’s current brochure available, if and where applicable.

e) TAXES
Applicable sales, use and excise taxes, and any amount charged by the Owner as reimbursement for taxes paid.

f) DELIVERY AND COLLECTION CHARGES
Delivery and collection services will be chargeable from RM 30.00 and upwards depending on the distance and accessibility of destination from the rental location.

g) PARKING FEES & TRAFFIC FINES
The Renter is liable for all parking and traffic summonses incurred for the duration of the Vehicle rental. An additional RM 50.00 for administration fee will be charged to the Renter over and above any fine and penalty cost for any violation arising from the Renter’s use of the Vehicle. The Owner retains the right to charge against the Renter’s charge/credit card, if and when any payment is required after the termination of rental, for traffic offenses committed during the rental period.

h) ERRORS
All charges are subject to final audit. If upon final audit an error is covered in connection with any charges, the Renter authorizes the Owner to adjust such charges including any charge card invoices signed by the Renter to reflect the correct charges.

i) EXTENSION OF RENTAL
Should the Renter wish to extend the rental period and/or appoint any additional authorised operators, it is compulsory to advise the Owner and/or the Owner’s representatives at BORNEO EXPRESS RENT A CAR AND TOURS SDN. BHD. immediately to facilitate the extension of the insurance coverage.

j) RENT IT HERE, LEAVE IT THERE
A repositioning charge will be levied for one-way rentals. Details on the charges and procedures will be made available at time of inquiry.

k) VEHICLE CONDITION
Upon return, the Vehicle is to be in the same condition as when it was collected by the Renter. Failing which the Renter will be liable for the cost of restoring the Vehicle to its original condition.

8. NO LIABILITY FOR LOSS OR DAMAGE TO PROPERTY
The Owner is not responsible for loss or damage to any property left, stored, loaded or transported by Renter or any other person in or upon the Vehicle, in any service Vehicle, on the premises of the Owner, or left with any agent or employee of the Owner at any time or place, prior to, during or after the rental of the Vehicle, including any property in any Vehicle repossessed in accordance with the provisions of this Agreement. The Renter and authorised operator agrees to release, indemnify and hold the Owner, its agents and employees harmless from any such claims for loss or damage to such property.

9. PROHIBITED USES OF VEHICLE
9.1 The Vehicle shall not be used:
a) To carry passengers or property for hire.
b) To propel or tow any vehicle, trailer or other object.
c) To participate in any race, test or contest or any purpose other than domestic and social purposes.
d) For any illegal purposes.
e) To instruct an unlicensed person in the operation of the Vehicle.
f) To obtain the Vehicle from the Owner by fraud or misrepresentation.
g) To carry passengers in other than the passenger compartment of the Vehicle.
h) In any manner whereby the Vehicle will be loaded beyond its rated/permitted capacity.
i) By the Renter, the authorised operator or any other persons not having an International Driving License.

9.2 In addition to and not in derogation of the above provisions, the following shall apply;
a) The Vehicle shall not be driven by any person other than the Renter and the authorised operator.
b) The Renter and the authorised operator must be between at least the age of 22 and 60 years old at all times during the rental period.
c) The Renter and the authorised operator must be in possession of a valid national or International Driving License. Other nationals who hold a valid driving license in English can drive in Malaysia for a maximum of 3 months. Probational license holders will not be accepted.
d) The Renter further declares and warrants that the information furnished by him to the Owner, his representative or agent (whether oral or in writing) including that contained herein is true and accurate and not false not misleading.

10. INSURANCE COVERAGE
10.1 The Vehicle is insured under a standard motor vehicle insurance policy in accordance with legislation governing the use of the Vehicle in Malaysia covering liability of the Renter and the authorised operator, in respect of third party injury or death and passenger risk liability. The Renter agrees to be bound by the terms and conditions of the said policy, a copy of which is available for inspection at the renting location.

10.2 However Personal Accident coverage for both passenger and driver can be extended upon request with the payment of additional premium.

10.3 The Renter will indemnify and hold harmless the Owner from and against all loss liability, costs and expenses sustained or incurred-by Owner from the acts or permission of the Renter and arising from the violation by the Renter of this agreement or the laws of Malaysia.

10.4 The Renter agrees to protect the interest of the Owner and the insurance company in the event of accident by:
a) Obtaining names and addresses of all parties involved and of witnesses.
b) Not admitting liability or guilt without the prior consent of the Owner.
c) Not abandoning the Vehicle without adequate provisions for safeguarding and securing the same.
d) Giving a detailed report including diagram even in cases of slight damage within 24 hours to the nearest police station.
e) Notifying the Owner’s Insurers immediately of such accidents and submitting a duly completed Motor Accident Report Form.
f) Delivering correspondence, Writs or documents of any kind received by the Renter or authorised operator relating to any accident involving the Vehicle while rented under this agreement. The Renter and authorised operator shall cooperate fully with the Owner in the investigation and defense of any claims, prosecution or suit.

11. PREVIOUS INSURANCE POLICIES
The Renter declares that no Company or Underwriter in connection with the issuance of motor insurance for the Renter has at any time:
a) Declined any proposals;
b) Refused to renew any policy;
c) To carry the first portion of any loss;
d) Required an increase in premium or imposed special condition; and
e) Cancelled any policy.

12. REPLACEMENT VEHICLE
If the Vehicle or any Vehicle ordered by the Renter prior to the commencement of the rental is not available, the Owner shall have the right to replace the same with an alternative Vehicle of similar seating capacity and if such a Vehicle is not available the Renter shall be repaid any rental and/or deposit paid. The Renter shall have no other claim of any kind whatsoever against the Owner.

13. ROOF RACK/ADDITIONAL ACCESSORIES
If the Renter affixes a roof rack or other accessory for use on the Vehicle he shall do so at his own risk and shall release the Owner from and hold the Owner harmless against all or any liability damages claims or expenses arising directly or indirectly from the use thereof.

14. ASSIGNMENT
This Agreement and the Vehicle shall not be assigned or transferred by the Renter at any time whatsoever.

15. WAIVER/MODIFICATION OF TERMS:
a) No term or condition of this Agreement may be waived or modified except in writing signed by the Owner’s authorized representative or by an officer of BORNEO EXPRESS RENT A CAR AND TOURS SDN. BHD. who has been expressly authorized to do so by the Owner.
b) No forbearance, indulgence or relaxation on the part of the Owner shown or granted to the Renter in enforcing any of the terms or conditions herein shall in any way diminish, restrict or prejudice the rights or powers of the Owner pursuant to this Rental Agreement or operate as or be deemed to be a waiver of any breach of the terms and conditions herein on the part of the Renter.

16. LIABILITY OF OWNER
The Owner shall in no event be liable for any indirect special or consequential damages in connection with or arising out of the rental, performance and/or use of the Vehicle including any claims based upon failure to honor a vehicle reservation as requested by the Renter.

17. LAWS
This Agreement shall be governed by and construed in accordance with the laws of Malaysia and the parties shall submit to the Courts of Malaysia in the event of any dispute or difference between them.

18. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Owner and the Renter.