(TERMS AND CONDITIONS OF RENT)
(To be read, taken and construed as an integral part of the Rental
Hirer’s Age, Driving and Licence Qualification
The Hirer (and the additional driver(s)) must be of minimum age 21 years
old and possesses valid unexpired Malaysian or International Driving License
with at least 2 years of driving experience. Hirer with provisional
licence or newly qualified driver may rent the vehicle subject that the CDR
coverage shall not apply and subject to NVCAR’s discretion.
Terms of Payment
All payments shall be made by major credit card or debit card and shall
be subject to 0% government service tax (GST) unless otherwise stated
herein. Payment by charge card (AMEX or similar) or Cash is NOT
acceptable. NVCAR shall not be responsible for any cash payment made by
the Hirer to any of the staff under NVCAR’s employment. All charges are charged
to the Hirer and are subject to final audit. In the event of error in the
calculation upon audit, Hirer shall pay the amount as audited. Hirer
shall be fully liable for all payments due or becoming due hereunder
notwithstanding that such payment is made or shall be made by 3rd party
individual or company for and on behalf of the Hirer.
NVCAR’s vehicles are insured against accidental damage to third party
property, death or injury to third party only.
Collision Damage Charges (CDC)
Hirer is fully responsible for the excess in the event of causing any
damage to the vehicle and shall pay the full cost of damage to the vehicle
including loss of use of the vehicle as determined by NVCAR. By
purchasing the Optional Insurance cover according to the fee provided below,
the Hirer’s liability for the Excess Clause may be reduced (CDC Excess) as
described in the schedule below. Where the cause of accident or damage to
the vehicle is due to the negligence of the Hirer and/or any claim cannot be
made against 3rd party, the Optional Insurance coverage shall be null and void
and the Hirer shall be responsible to pay the full cost of damages incurred up
to the amount of the Excess Clause (see the schedule) including loss of use of
the vehicle as determined by NVCAR.
Make & Model
Excess Clause (RM)
CDR Excess (RM)
Gold Protection Cover (GMAX)
Platinum Protection Cover (PMAX)
Perodua Axia 1.0 (A) equivalent
Proton Myvi 1.3 (A) equivalent
Volkswagen Polo 1.6 (A) equivalent
Volkswagen Vento 1.2 (A) TSI equivalent
Toyota Altis 1.6 (A) equivalent
Optional Insurance Cover
Charges Per day (Max of 10 Days Per Rental Duration) (RM)
Collison Damage Reducer (CDR)
Gold Protection Cover (GMAX)
Platinum Protection Cover (PMAX)
Premium Roadside Cover (PRC)
Window & Tyre (W&T)
CDC shall not apply in the following event:-
i) where a police report is not lodged within 24 hours from the time of
accident/incident to the vehicle and NVCAR is not informed of the accident/incident;
ii) the Hirer is in breach of the terms and conditions of the Rental
iii) loss of items, accessories and/or any damage claim due to the
driver of the vehicle being under the influence of alcohol and/or drug;
iv) loss, damage or theft, which is caused intentionally or due to gross
negligence of the Hirer and/or the driver of the vehicle;
v) the Rental Agreement expires.
Personal Accident Insurance
NVCAR does NOT provide and is NOT responsible for the personal accident
insurance (PAI) coverage. The Hirer is responsible to purchase the PAI coverage
to protect the Hirer, driver and passengers in the vehicle (category) against
death, bodily injuries, disability, medical expenses during the period of rent
(including the extended period of rent, if any). A copy of the PAI cover
note/certificate shall be given to NVCAR for record purpose.
Use of Vehicle
The vehicle shall be driven, used or operated in West Malaysia only. The
Hirer warrants that under no circumstances shall the vehicle be used, operated
(i) for the carriage of passengers for hire or reward or any illegal
purposes in contravention of any applicable laws of Malaysia;
(ii) while the Hirer/driver is under the influence of alcohol or drugs;
(iii) by any person for any reason whatsoever is not permitted to drive
a vehicle under the Road Traffic Act of Malaysia or any applicable law;
(iv) the vehicle is obtained from NVCAR by fraud or misrepresentation;
(v) in any race, rallying or speed test/contest;
(vi) to propel or tow any vehicle or trailer;
(vii) to instruct unlicensed person in the operation of the vehicle;
(viii) for any illegal purposes;
(ix) to transport animals, domestic or otherwise;
(x) to transport obnoxious or illegal substance in contravention of any
applicable law of Malaysia;
(xi) in off-road condition;
(xii) in breach of the Road Transport Act and/or Road Traffic Act or any
act governing the use of vehicle in Malaysia.
Condition of Vehicle
The vehicle is the property of NVCAR and to the best of NVCAR knowledge
and belief the vehicle is in good mechanical condition free of any known faults
or defects that would affect its roadworthy condition under normal use. A
joint-inspection of the vehicle shall be made by the parties upon the delivery
of the vehicle to the Hirer and the Hirer is deem to accept the condition of
the vehicle as delivered upon acceptance/execution of the Rental
Agreement. The Hirer shall return the vehicle duly washed and in the same
condition with all tools, tyres, accessories and equipment intact as first
delivered to the Hirer, ordinary wear and tear excepted.
Collection and Return of Vehicle
i)Hirer shall collect and return the vehicle to NVCAR at NVCAR’s office
on the date and time stated in the Rental Agreement. Where the vehicle is to be
collected or returned outside NVCAR’s office, an additional fee (to be
determined by NVCAR according to the location) shall be charged against the
ii)A grace period of 1 hour from the expiry of the time stated in the
Rental Agreement shall be granted to the Hirer to return the vehicle to NVCAR’s
office or to the agreed pick-up location. If the vehicle is not returned
by the Hirer after the said time and within the next 4 hours, a half day’s rent
shall be charged against the Hirer. If the vehicle is still not returned
after the 4 hours expires, a full day’s rent shall be charged against the
iii)The cut-off time for the return of the vehicle by the Hirer is at
9.00 p.m. on the expiry date of rental. If the vehicle is not returned by
Hirer to NVCARS’s office or to the agreed pick-up location between 9.00 – 11.00
p.m. on the expiry date of rental, a late return fee of RM100.00 shall be
charged against the Hirer. If the vehicle is not returned after 11.00
p.m. on the expiry date of rental, Hirer shall pay NVCAR the late return fee of
RM100.00 and be further charged with a full day’s rent (including the Optional
Insurance Cover, where applicable) for each day of the delay by the Hirer until
the vehicle is returned to NVCAR.
iv)Charges for the additional days shall be charged at the rates of the
original Rental Agreement and shall include the Optional Insurance Cover, where
Extension of Rental
Hirer shall notify NVCAR 24 hours before the expiry of the rental of
Hirer’s intention to extend the Rental Agreement and shall authorizes NVCAR to
charge the necessary rent and fees (including the Optional Insurance Cover,
where applicable) for the extended period to the Hirer’s credit card
immediately upon notification from the Hirer. Charges for the extended
period shall be at the rates of the original Rental Agreement and shall include
the Optional Insurance Cover, where applicable. Hirer shall be
responsible to purchase additional PAI coverage for the extended period and
provide a copy of the PAI cover note to NVCAR.
Parking Fees, Traffic Fines/Summonses
The Hirer is fully liable and responsible for all parking and/or traffic
fees/fines/summonses incurred or violated during the rental period. NVCAR
has the right and the Hirer agrees and authorizes NVCAR to charge such parking
and/or traffic fees/fines/summonses to the Hirer’s credit or debit card upon
NVCAR’s receipt of the notice(s) of fines/summonses from the relevant
authority. In addition to the parking and/or traffic fees/fines/summonses
incurred, NVCAR shall charge the Hirer an additional sum of RM 29.90 being
one-off Infringement processing fee to deal with the fees/fines/summonses with
the relevant authority. Hirer shall be responsible to attend the court
hearing if the Hirer is summoned to do so and NVCAR shall be obliged to provide
the Hirer’s details to the relevant authority, if required, to facilitate the
issuance of the summonses/court hearing.
i)Accident - In the event of an accident involving the vehicle, Hirer
shall lodge a police report within 24 hours from the occurrence of the accident
and notify NVCAR immediately. The Hirer shall be required to complete
NVCARS’s accident report giving details of the accident, diagram and state of
damage (if any) to the vehicle together with a copy of the police report.
The Hirer shall not abandon the vehicle without adequate provisions for
safeguarding and securing the vehicle. The Hirer shall not without prior
consent of NVCAR gives any instruction for any repair to the vehicle or
replacement of any part and/or towing of the vehicle by any unauthorized agent
outside the panel operators as a result of the accident. Hirer shall pay
for all damages caused to the vehicle (and/or 3rd party’s vehicle) arising from
the accident due to the fault or negligence of the Hirer or 3rd party.
ii)Petrol – Hirer shall return the vehicle with the petrol filled-up to
the same bar level as first delivered to the Hirer, otherwise Hirer shall
reimburse NVCAR for the petrol shortage at the rate of RM15.00 per bar
level. No refund shall be made by NVCAR to the Hirer in the event the
petrol is filled up in excess of the original level.
iii)Cleaning, Damages, Services & Maintenance –
(a) Smoking and obnoxious or foul smelling items/substance
(including but not limited to durian, vomit) are strictly prohibited inside the
vehicle. The Hirer shall also ensure that the upholstery on the car seats, roof
and doors are not stained or tainted beyond the normal use of the
vehicle. NVCAR shall charge a reinstatement fee of RM 250.00 to clean and
rid the smell and stain from the vehicle.
(b) Hirer shall be liable for all damages to the instruments,
knobs and fittings in the vehicle due to the Hirer’s fault or negligence.
(c) During the rental period, Hirer shall not replace or change
any part or accessory of the vehicle or send the vehicle to unauthorized
service centre for service without NVCAR’s prior approval, failing which, GAYA
reserves the right to demand Hirer to reinstate the vehicle to its original
condition and/or bear the full cost of replacement or service and such costs
shall be charged to the Hirer’s account.
iv)Parts, Accessories, Vehicle keys, Personal Belongings – Arising from
the fault or negligence of the Hirer or 3rd party, the Hirer is liable to bear
the replacement cost for:-
(a) all missing, stolen or broken parts and/or accessories and/or
equipment, which are existing and readily affixed/attached to the vehicle
including any additional equipment requested by the Hirer in a separate
form/invoice (if any);
(b) loss of the vehicle keys and the replacement of a new security
alarm system for the vehicle, the latter if deem fit and necessary by NVCAR to
ensure the safety of the vehicle from possible theft due to the loss of the
(c) NVCAR is not responsible for the loss or damage of any of the
Hirer’s belongings left in the vehicle during any service or maintenance of the
vehicle. The Hirer is advised to remove all the Hirer’s belongings from
the vehicle when the vehicle is returned to NVCAR for service and
v)Assuming Responsibilities – By signing the Rental Agreement, the Hirer
shall assume all responsibilities for any fault and/or negligence of the Hirer
and any other person in use or control of the vehicle other than the Hirer,
whether as driver or passenger.
vi)Indemnity - Hirer shall fully indemnify and keep NVCAR full
indemnified for any loss, damage, and legal actions, including reasonable attorney’s
fees that NVCAR may suffer due to Hirer’s use of the vehicle during the term of
the Rental Agreement, including but not limited to the loss or repossession or
damage to the vehicle, damage to the property of others, injury to Hirer,
passengers and/or injury to others and/or lost of life. This provision shall
survive the termination of the Rental Agreement.
i)Child seat is available upon request at the rate of RM20.00 per day up
to a maximum rate of RM200.00 (GST exclusive). Pre-booking is
required. A replacement fee of RM500.00 shall be charged for missing or
damaged child seat due to the fault or negligence of the Hirer or 3rd
ii)GPS navigation device is available upon request at the rate of
RM15.00 per day up to a maximum rate of RM150 (GST exclusive).
Pre-booking is required. If the device is faulty, Hirer should
immediately inform NVCAR for a replacement unit. There will be no refund
of cost if the feedback on the faulty unit is received upon the return of the vehicle.
Hirer shall bear the following costs in the event of loss or damage to:-
(a)the GPS device RM600.00
(b)the vehicle power cable RM150.00
(c)the suction cup/cradle (to hold the GPS device) RM 50.00
Kindly be advised of the following:
Notification in respect of cancellation and or refund:
- The renter must notify the rental company formally, in writing, of any cancellation due within 24 hours prior to collection and or delivery of the rental vehicle.
- Formal notice by renter of cancellation must be addressed to firstname.lastname@example.org
- On receipt of formal notice of cancellation the rental company will have 7 (seven) working days to process refund.
- If a booking is not cancelled and the renter fails to show up; full rental fee will be charged
- If a booking is cancelled within 7 to 14 days from pick up, the renter will be charged 30% of the rental amount as cancellation fee and the balance will be refunded back.
- If a booking is cancelled within 2 to 7 days from pick up, the renter will be charged 50% of the rental amount as cancellation fee and the balance will be refunded back.
- If a booking is cancelled within 1 day from pick up, the renter will be charged 80% of the rental amount as cancellation fee and the balance will be refunded back.
i)Whenever the vehicle is replaced with another vehicle, a new rental
agreement shall be signed between the parties.
ii)The Rental Agreement cannot be assigned or transferred by the
iii)The Hirer, driver and/or passenger(s) of the vehicle shall in no
event whatsoever be deemed the agent, servant or employee of NVCAR in any
manner or for any purpose whatsoever.
iv)No right of NVCAR hereunder may be waived save and except in writing
signed by one of the Director of NVCAR.
v)The Rental Agreement shall be governed by the laws of Malaysia.
In the event that the parties cannot amicably resolve a dispute or damage claim
resulting from the Rental Agreement, the parties agree to resolve any such
dispute or damage claim by arbitration according to the Arbitration Act 2005 of
Malaysia (or such other applicable law governing arbitration in Malaysia) and
agree to be bound by the arbitrator’s findings. Judgment upon the award
rendered by the arbitrator may be entered in any court in Malaysia having