GoCar Mobility Sdn Bhd 1141928-U (A Subsidiary of Mayflower Car Rental 9199-T)
The Rental Agreement (“Agreement”) is entered into between:
GoCar Mobility Sdn. Bhd. (“GoCar”) a subsidiary of Mayflower Car Rental Sdn. Bhd. ("MCR”) and has been appointed by MCR & TC Capital Resources Sdn. Bhd. ("TCCR") to carry out the business of renting vehicles to Renters, and the person whose name and particulars are as set forth in the “Renter Information” segment of the Agreement (“Renter”).
From henceworth, Mayflower Car Rental Sdn. Bhd. & TC Capital Resources Sdn. Bhd. will be known as "Fleet Supplier"
The Renter is desirous of hiring the vehicle, the particulars of which are as set forth in the “Vehicle Information” segment of the Agreement (“Rental Vehicle”), from GoCar, and the Fleet Supplier has agreed to let the Rental Vehicle to the Renter, subject to the terms and conditions as stated hereinbelow:
1. OWNERSHIP OF THE RENTAL VEHICLE
- The Renter hereby acknowledges that the Rental Vehicle shall at all times remain the property of the Fleet Suppliers, and the Renter shall acquire no rights to the Rental Vehicle other than the right to use the Rental Vehicle as a Renter and in accordance with the terms of this Agreement.
- GoCar acts as an intermediary service provider to connect the Renter to the Fleet Supplier's Rental Vehicle. The contract is between the Renter and GoCar.
- Save as otherwise provided in this Agreement, GoCar makes no other warranties to the Renter in relation to the Rental Vehicle. To the maximum extent permitted by law, GoCar hereby disclaim all express, implied or statutory conditions, representations and warranties, including but not limited to any implied warranty or condition of merchantability and fitness for a particular purpose in respect of the Rental Vehicle.
- All personal data and documents uploaded via the GoCar smartphone application will be used in compliance with the Personal Data Protection Act 2010, for the purpose of conducting background checks with the Royal Malaysia Police (PDRM) for security reasons.
3. RENTAL & ADDITIONAL CHARGES
- GoCar has been appointed by the Fleet Suppliers to charge for Rental & any additional charges should it be necessary as accordance to GoCar's Late Return, Fines & Other Fees
- The rental charges for the Rental Vehicle and membership fee shall be as stipulated on the GoCar’s website.
- Pickup and return:
- The Rental Vehicle must be returned by the agreed time and date to the original collection point (except reservations for one-way trips) as booked in the website or app, as stated in the online reservation. For one-way trips, the Rental Vehicle must be returned to the selected GoCar Hub as stated in the online reservation.
- The Renter agrees to ensure the keys are returned to the keybox at the end of the booking, except Rental Vehicles with push-start button.
- The Renter agrees to return the vehicle with all documents and accessories present at the time of collection and in the same condition as they were on collection.
- Where applicable, the Renter may also be liable to pay any one or more of the following additional charges to GoCar:
- Delivery Charges: where GoCar has been requested by the Renter to deliver the Rental Vehicle to any location other than the GoCar locations from which the Rental Vehicle is hired (“Rental Location”);
- Drop-off Charges: Where GoCar has been requested by the Renter to collect the Rental Vehicle from any location which is situated in a different city or state from the Rental Location;
- Such other charges as may be provided under this Agreement. (each, an “Additional Charge” and collectively, “Additional Charges”)
- The Renter shall promptly pay the Rental Charges and/or Additional Charge(s) before or upon vehicle check-out or on the due date as may be indicated by GoCar’s online reservation.
- In the event of any default in the payment of the Rental Charges and/or Additional Charge(s) by the Renter, GoCar shall be entitled to impose a late payment interest at the rate of eighteen per centum (18%) per annum on the outstanding Rental Charges and/or Additional Charge(s) (“Late Payment Interest”).
- The Rental Charges and/or Additional Charges shall be paid by way of debit and/or credit card. Where the payment is made by way of credit card:
- GoCar accepts the following credit and/or debit cards: MasterCard and Visa;
- The Renter’s credit and/or debit card shall have a validity period of at least one (1) year from the date of this Agreement.
- In the event any Sales and Services Tax (“SST”) is imposed by the relevant Malaysian authorities on the Rental Charges, Additional Charges and/or such other charges as may be payable by the Renter to GoCar, GoCar shall be entitled to charge the Renter such SST, and the Renter hereby agrees to bear the SST.
5. USE OF THE RENTAL VEHICLE
- Designated Driver(s) for the Rental Vehicle:
The Rental Vehicle shall only be driven by the Renter and/or any other person(s) who has been authorised by GoCar (the “Designated Drivers”):
- The Designated Driver(s) shall be between the ages of nineteen (19) years old to seventy-five (75) years old.
- The Renter shall obtain GoCar’s prior written approval before effecting any changes to the list of Designated Driver(s);
- None of the Designated Driver(s) shall have suffered or is suffering from any physical infirmity and/or defective vision or hearing which may impair his/her driving abilities;
- None of the Designated Driver(s) shall have been convicted at any time during the past five (5) years for any traffic offences;
- None of the Designated Driver(s) shall be a probationary license holder;
- None of the Designated Driver(s) shall have been refused or cancelled his/her motor insurance policy;
- If the Designated Driver(s) is a Malaysian, a valid Malaysian driving license must be presented.
- Where the Designated Driver is a non-Malaysian citizen, a valid international driving license or a Malaysian license, for more than two (2) years. A passport must also be presented.
- Driving license must be valid more than two (2) years at the point for registration.
- Any wrongful use of the Rental Vehicle in breach of the terms of this Agreement by the Designated Driver(s) shall be deemed as a breach by the Renter.
- The Renter shall:
- Whilst under the influence of alcohol or drugs;
- For any purpose for which it is not expressly designed;
- For commercial purpose, including but not limited to carrying passengers or property for hire;
- To propel or tow any vehicle or other object;
- To participate in any race, test or contest;
- In any manner whereby the Rental Vehicle will be loaded beyond its permitted capacity;
- For any illegal and/or unlawful purposes;
- To carry any item(s) that will discharge any unpleasant odours (e.g. pets, durians, salted fish and etc.). Smoking in the Rental Vehicle is also strictly prohibited. The Renter shall be liable to reimburse GoCar for all costs incurred to eliminate such odours and the loss of rental days of the Rental Vehicle.
- Checking and adjusting as necessary the radiator and engine fluid levels of the Rental Vehicle;
- Cleaning the exterior, interior and upholstery of the Rental Vehicle;
- Replacing any shattered, broken or splintered windscreens or windows to the Rental Vehicle, unless where the Renter has purchased the “Windscreen Protection Waiver, in which case the Renter shall only be liable to pay the amount as stipulated in the “NW Excess” column for “Windscreen Protection”in the Agreement; and
- Ensuring that the Rental Vehicle has sufficient engine oil, water, correct tyre pressure.
- Replacing any flat tyre or flat battery to the the Rental Vehicle, along with additional cost for tow truck assistance, this is applicable when after the Renter has collected the Vehicle.
- Ensure that the Rental Vehicle shall not be used:
- Not do or attempt to do any act which may infringe upon the ownership or interests of GoCar in the Rental Vehicle or which may affect the policy or policies of insurance on the Rental Vehicle;
- Not affect any mechanical, or tampering with GoCar’s electronics or other modification to the Rental Vehicle, make any alterations or additions, or fit any towing equipment or other accessories or non-standard tyres to the Rental Vehicle without the prior written consent of GoCar;
- Not remove or interfere with any identification marks or plates affixed to the Rental Vehicle, nor attempt nor permit the same;
- Not deface the paintwork or bodywork of the Rental Vehicle nor add or erect any painting, sign-writing, lettering, or advertising to or on the Rental Vehicle;
- Not take or allow the Rental Vehicle to be taken out of Malaysia without the prior written consent of GoCar, and in the event such written consent is being given, GoCar may impose such terms and conditions as it may deem fit;
- Bear the cost of the repair or rectification of any damage to the Rental Vehicle resulting from the negligence / intentional act / vandalising act / improper use of the Rental Vehicle by any of the Designated Driver(s);
- Be liable for all missing, stolen or broken parts and/or accessories of the Rental Vehicle as stipulated in the “Vehicle Checklist” form;
- Be liable for the costs of replacement of any loss car key(s) and/or the costs for the creation of any additional car key(s) for the Rental Vehicle;
- Look after the Rental Vehicle and ensure that it is properly locked and secured and parked in a safe place when not in use;
- Be solely responsible at its own costs for the condition and maintenance of the Rental Vehicle as follows:
- Parking & traffic fines:
- The Renter shall be solely liable for all parking fees, traffic fines, penalties or summonses incurred in respect of the Rental Vehicle during the Rental Period (as defined hereinafter below).
- GoCar shall be entitled to charge against the Renter’s debit/credit card, upon receiving any notifications from the relevant Malaysian authorities for any parking fees, traffic fines, penalties or summonses incurred by the Renter during the Rental Period (as defined hereinafter below), together with an additional administration fee of RM10.00 (subject to the prevailing SST charges).
- The Renter shall defend, indemnify and hold harmless GoCar and the Fleet Suppliers from and against all damages, liabilities, costs, expenses (including, without limitation, reasonable legal fees), claims or judgment that arise out of or results primarily from:
- Any negligence, omission or willful misconduct of the Renter and/or Designated Driver(s) in the use of the Rental Vehicle; and/or
- The Renter’s breach of any of its obligations, duties and/or representations and warranties under this Agreement.
- Repossession of the Rental Vehicle by GoCar:
- The Renter has failed to pay the Rental Charges for more than twelve (12) hours after the Due Date; and/or
- There has been a breach in the use of the Rental Vehicle by the Renter, and the Renter has failed to remedy the breach within twelve (12) hours after receiving a written notice from GoCar requiring the Renter to remedy the breach.
- GoCar shall be entitled to repossess the Rental Vehicle without sending any notice to the Renter where:
- To the fullest extent permitted by law, the Renter hereby agrees to waive any right to any hearing or to receive any notice or legal process as a pre-condition for GoCar to repossess the Rental Vehicle.
- The Renter hereby authorises GoCar to enter any premises owned or occupied by the Renter, or where necessary, to make all reasonable efforts to secure and obtain the right, license and/or permission for GoCar to enter any premises for purposes of recovering and repossessing the Rental Vehicle.
- The Renter shall reimburse GoCar for all costs and expenses incurred in the recovery and repossession of the Rental Vehicle, and shall indemnify GoCar & the Fleet Suppliers against any and all claims which may be brought by any third party against arising out of or resulting from GoCar's recovery or repossession of the Rental Vehicle.
- Save as otherwise provided in this Agreement, GoCar & the Fleet Suppliers shall not be liable to the Renter for:
- The loss or damage to any property left, stored, loaded or transported in or upon the Rental Vehicle by the Renter and/or any of the Designated Driver(s) during the Rental Period (as defined hereinafter below). The Renter hereby agrees to release, indemnify and hold GoCar & the Fleet Suppliers harmless from any claims for the loss or damage to such property;
- Any indirect or consequential loss or damage (including, without limitation, any loss of actual or anticipated profits, loss of revenue, loss of business, loss of opportunity, loss of goodwill and loss of reputation) or punitive damages, regardless of the basis of the claim, whether in contract, tort, strict liability or other legal or equitable theory, whether or not GoCar has been advised of the possibility of such claim, loss, demand or damages.
6. SERVICE & MAINTENANCE OF THE RENTAL VEHICLE
- If the Renter experiences any problem with the Rental Vehicle during the Rental Period (as defined hereinafter below) (e.g. due to accident or mechanical failure), the Renter may seek assistance by dialling the toll-free number of 1800-88-1688.
- The Renter shall not allow any third party to carry out any service and/or maintenance work on the Rental Vehicle without having obtained GoCar prior written consent.
7. REPLACEMENT VEHICLE
- GoCar shall not be obliged to provide any Replacement Vehicle to the Renter.
- The Rental Charges of the Rental Vehicle is inclusive of car insurance coverage of:
- Unlimited liability for death or injury to third parties; and
- Property damage liability up to RM3,000,000.00 only on per occurrence basis.
- Collision Damage Waiver.
- The aforesaid insurance coverage shall only be effective provided if the Renter and/or the Designated Driver(s):
- Shall have lodged a police report on the accident within twenty-four (24) hours; and
- Shall have reported the accident to GoCar within twenty four (24) hours from the time of the accident.
- Collision Damage Waiver (“CDW”):
- Coverage for damages to the rental vehicle, which is not caused intentionally and is not due to the Hirer or authorised driver’s negligence, with an excess amount. Liability of the excess amount can partially be waived if the Hirer chooses to accept CDW, as indicated in the schedule below:
A & B
Myvi or similar
Almera or similar
H, J & K
Grand Livina or similar
- CDW shall only be effective subject to the Renter’s compliance of the following:
- The Renter shall have lodged a police report within twenty-four (24) hours of the loss/damage/theft of the Rental Vehicle;
- Where applicable, the Renter shall obtain the names, identity card or copy of passport, visa and addresses of all parties involved, including the witness(es);
- The Renter shall not have entered into any settlement relating to the loss, damage and/or theft of the Rental Vehicle without the prior written consent of GoCar;
- The Renter shall not have left or abandoned the Rental Vehicle without adequate provisions for safeguarding and securing the same;
- The Renter shall promptly notify GoCar of such accident and shall submit a duly completed “Motor Accident Report Form”;
- The Renter shall deliver all correspondence, writs or documents of any kind received by the Renter relating to such accident involving the Rental Vehicle and shall fully cooperate with GoCar in the investigation and defence of any claim, prosecution or suit.
- CDW shall not be applicable where the Rental Vehicle has been driven or operated in violation of the terms of the Agreement, and the Renter shall be liable to pay GoCar the FULL costs of the damaged/stolen Rental Vehicle and/or part(s) thereof, including but not limited to the labour, towing and storage costs as well as GoCar’s loss of use of the Rental Vehicle.
- In the event of an accident and the Renter is deemed at fault by the police report, GoCar shall have the rights to charge to the Renter’s card immediately on the excess fees. Should GoCar not be able to charge the Renter’s card, the Renter must pay the excess fee to GoCar within twenty-four (24) hours.
- If the entire or part(s) of the Rental Vehicle is stolen, the Renter shall be liable for:
- The costs of replacing the stolen vehicle or part(s) stolen from the Rental Vehicle up to a maximum responsibility amount, including but not limited the loss of rental days of the Rental Vehicle; and/or
- Where only part(s) of the Rental Vehicle is stolen, the costs associated with the replacement the stolen part(s) and the recovery and storage of the Rental Vehicle immobilised as a result of the theft.
9. RENTAL PERIOD
- The rental period for the Rental Vehicle shall commence from the “Booking Start Date & Time” and shall end at the “Booking End Date & Time”, as stipulated on the online reservation.
- In the event of the Renter has not returned the Rental Vehicle to its designated point upon the agreed date and time, GoCar shall be entitled to charge against the Renter's debit/credit card an additional deposit of RM200 which serve as a security deposit. The deposit shall be returned to Renter upon our receipt of the vehicle, after deducting on any surcharge, late return fee plus any applicable penalty fee resulting from the late return.
- In the event the Renter fails to return the Rental Vehicle to its designated point upon the expiry of the rental period, the Renter shall be charged a late fee plus any applicable penalty fee resulting from the late return.
10. TERMINATION OF THE AGREEMENT
- Either Party (“Non-Defaulting Party”) shall be entitled to terminate the Agreement immediately by way of written notification to the other Party (“Defaulting Party”). GoCar reserve the right to terminate the agreement without any prior notice.
- Either Party may terminate this Agreement immediately by way of written notice to the other Party in the event of any of the following:
- The other Party passes a resolution for its winding up, or a court of competent jurisdiction has made an order for that Party to be wound up or dissolved;
- An administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other Party;
- The other Party convenes a meeting or proposes to make any arrangement or composition with its creditors; or
- The other Party is deemed unable to pay its debts in accordance with Section 218(1)(e) of the Companies Act 1965;
- The other Party ceases, or threatens to cease, to conduct all, or substantially all of its business.
- Where the Renter is an individual, GoCar may terminate this Agreement immediately by way of written notice to the Renter in the event of any of the following:
- The death of the Renter;
- The Renter shall have an interim order in bankruptcy proceedings made against him, or has entered into a voluntary arrangement, or suffer the making of a statutory demand or the presentation of a petition for a bankruptcy order
11. CONSEQUENCES OF EXPIRY/ TERMINATION OF THE AGREEMENT
- Upon the expiry or such early termination of the Agreement, the Renter shall:
- All arrears of the Rental Charges and/or Additional Charges; and
- Any other sums which are or become due to GoCar or to which GoCar is entitled by way of damages under this Agreement;
- Pay to GoCar the following within fourteen (14) days from the effective date of expiry/ termination:
- Forthwith return the Rental Vehicle to the Rental Location.
- Return of the Rental Vehicle:
- The Rental Vehicle shall be returned to its original location. Else a late penalty shall be applied.
- The Rental Vehicle shall be returned in good order, repair and condition (fair wear and tear resulting from the proper use of the Rental Vehicle exempted). GoCar shall be entitled to charge the Renter such reasonable amount as may be necessary to restore the Rental Vehicle to pre-rental condition (“Cleaning Charges”).
- The Rental Vehicle is let out with fuel level as specified in the App and must be returned the same. The Rental Vehicle shall be filled only with unleaded petrol. In the event the Rental Vehicle is not returned with the specified fuel level, a refuelling service charge, subject to the prevailing SST Charges, as may be determined by GoCar, shall be payable by the Renter to GoCar
- The expiry/termination of this Agreement for whatsoever reason shall be without prejudice to the rights of either Party in respect of any antecedent breaches by the other Party.
- The expiry/termination of this Agreement shall not affect the coming into force or the continuance in force of any provision(s) hereof which is expressly or by implication intended to come into or continue in force on or after such expiry/termination, including but not limited to Clauses 4, 5.4, 5.5 and 5.6 of this Agreement.
12. FORCE MAJEURE
- No Party hereto shall be under any liability to the other Party in any way whatsoever for the failure or delay to perform any of its obligations under this Agreement due to any cause arising out of war, rebellion, civil commotion, strikes, lock-outs and industrial disputes, fire, explosion, Act of God or the requisitioning or other act or order by any government department, council or other constituted body, or any other event or circumstance which could not have been foreseen and/or prevented by that Party with reasonable precautions (collectively, the “Force Majeure Events”).
13. PERSONAL DATA PROTECTION
- Entire Agreement. This Agreement constitutes the entire agreement and understanding of the parties hereto with respect to the subject matter of this Agreement and shall supersede all prior understandings and agreements, whether written or oral, between the Parties with respect to such subject matter.
- Costs. Each Party hereto shall bear its own costs and expenses in respect of the negotiation, preparation and execution of this Agreement. However, the stamp duty payable in respect of this Agreement shall be borne and paid by the Renter.
- Time of the Essence. Time wherever mentioned in this Agreement shall be of the essence in this Agreement.
- Modification. Only an instrument in writing executed by an authorized representative of both the Parties hereto may amend this Agreement.
- Assignment. The Renter shall not be entitled to assign any of its rights and obligations under this Agreement without the prior written consent of GoCar. Any purported assignment in contravention of this Clause shall be void.
- Notice. All notices, demands or other communications required or permitted to be given or made hereunder shall be made in writing and delivered by personal service, prepaid registered post, email or facsimile at the address, email address and facsimile number as set out in the Agreement (or to such other address, email address and facsimile number as may be notified by either Party to the other pursuant to this Clause from time to time).
- Severability. If any one or more of the provisions contained in this Agreement is invalid, illegal or unenforceable in any respect, such provision shall be fully severable and ineffective to the extent of its invalidity, illegality or unenforceability shall not affect or impair the validity, legality and enforceability of the remaining provisions hereof in any way. This Agreement shall be construed and enforced as if such invalid, illegal or unenforceable provision had never comprised a part hereof.
- Waiver. Failure by either Party to enforce at any time any of the provision of this Agreement shall not be construed as a waiver of any continuing breach of any provision of any other provision of this Agreement or as a waiver of any rights under this Agreement. Waiver of any right, power, authority, discretion or remedy arising from a breach of this Agreement must be in writing and signed by the Party granting the waiver.
- Governing Law & Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of Malaysia. The Parties hereby agree to submit to the exclusive jurisdiction of the Malaysian courts in connection with any dispute arising out of or in connection with this Agreement.
- This Terms & Conditions are subject to change without prior notice.
Please find the full breakdown of our fines and other fees at Late Returns, Fines and Other Fees. Effective 1 September 2018 onwards, all GoCar transactions will be charged with 6% SST.