The Vehicle Rental Agreement (“Agreement”) is entered into between:
- The Fleet Supplier; and
- You, the person who rents the Rental Vehicle, or the person who has been authorised by you to use the Rental Vehicle from the Fleet Supplier via the App (“Renter”) during the Rental Period.
The Agreement sets out the terms and conditions governing the Renter’s use of the Rental Vehicle. For the purposes of the Agreement:-
- The term “App” shall mean the “GoCar Malaysia: Mobility Solutions” mobile application which is owned and operated by GoCar Mobility Sdn. Bhd. (“GoCar”), and which allows the users to view and rent vehicles from the respective Fleet Supplier;
- the term “Fleet Supplier” shall mean the owner of the Vehicle which may be either Mayflower Car Rental Sdn. Bhd., TC Euro Cars Sdn. Bhd., Chauffeur Safe Travel Sdn. Bhd. or Yinson Mobility Sdn. Bhd.
- the term “Rental Vehicle” shall mean the vehicle rented by the Renter from the Fleet Supplier via the App, as indicated in the invoice for the Rental Vehicle.
1. OWNERSHIP OF THE RENTAL VEHICLE
1.1. The Renter hereby acknowledges that the Rental Vehicle shall at all times remain the property of the Fleet Supplier, 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.
1.2. GoCar acts as an intermediary service provider to connect the Renter to the Rental Vehicle of the respective Fleet Supplier via the App. For the avoidance of doubt:-
1.2.1. GoCar does not own the Rental Vehicles;
1.2.2. the Agreement is between the Renter and the Fleet Supplier;
1.2.3. the Fleet Supplier has designated GoCar as its service provider to oversee, manage and administer the Agreement as well as to provide assistance to and communicate with the Renter on its behalf, and is authorised by the Fleet Supplier to collect the relevant rental charges and other charges from the Renter; and
1.2.4. the Renter shall correspond with GoCar in respect of any and all enquiries, requests, complaints and/or reports relating to the use of the Rental Vehicle under this Agreement as follows:-
Hotline: 1-300-30-2633, Email: firstname.lastname@example.org
2.1 Save as otherwise expressly provided in this Agreement, neither the Fleet Supplier nor GoCar makes any other warranties to the Renter in relation to the Rental Vehicle. To the maximum extent permitted by law, the Fleet Supplier and 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.
2.2 For the avoidance of doubt, neither the Fleet Supplier nor GoCar shall be liable towards the Renter for 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 the Fleet Supplier and/or GoCar has been advised of the possibility of such claim, loss, demand or damages.
3. RENTAL & OTHER CHARGES
3.1 The rental charges for the Rental Vehicle shall be as stipulated on the App and/or GoCar’s website.
3.2 Payment for the rental charges shall be made in advance via the options made available by GoCar on the App from time to time. The Renter will not be able to access and drive the Rental Vehicle unless the rental charges have been paid.
3.3 In the event of any default in the payment of the rental charges and/or any other charges payable by the Renter, the Fleet Supplier shall be entitled to impose a late payment interest at the rate of eight percent (8%) per annum or such other rate as may be stipulated and notified by the Fleet Supplier on the outstanding charges (“Late Payment Interest”).
3.4 The rental charges and other charges may be paid either by way of debit / credit card, GoPocket / GoBusiness points, online banking, or e-Wallet payments, or such other payment methods as may then be made available by GoCar in the App:
3.4.1 Where the payment is made by way of credit card: MasterCard and Visa credit cards are accepted;
3.4.2 Where the payment is made by way of e-Wallets: Boost, GrabPay, and Touch ‘n Go e-Wallets are accepted;
3.4.3 Another payment option for the rental charges is by way of “PayLater by Grab” (“Grab PayLater”). Any payment for the rental charges made by the Renters via Grab PayLater shall be bound by the terms and conditions, rules and regulations set by the relevant service provider. In the event that a Renter pays by way of “buy-now-pay-later” (“BNPL”) option:
3.6 The Renter hereby acknowledge and agrees that GoCar shall not be held liable in any disputes or issues between the Renter and the BNPL provider.
3.7 In the event that the Renter has requested for a booking cancellation, the payment for the rental charges will be refunded in GoPocket points.
4.1 In the event the Sales and/or Services Taxes (“SST”) is imposed by the relevant Malaysian authorities on the rental charges and/or such other charges as may be payable by the Renter under this Agreement, the Renter hereby agrees to bear the SST.
5. RENTAL PERIOD
5.1 For Round Trips, The Renter shall set the rental period for the Rental Vehicle by selecting the “Booking Start Date & Time” and the “Booking End Date & Time” in the App (“Rental Period”).
5.2 For Free Floating Trips, the Rental Period is flexible whereby the Renter may start their trip by selecting “Start Trip”, and may subsequently end their trip by selecting “End Trip” along with choosing a drop-off location in the App.
6. USE OF THE RENTAL VEHICLE
6.1 Pickup and return of the Rental Vehicle:
6.1.1 The Renter may select the desired pickup locations as may be made available by GoCar in the App and the confirmed pickup location (as selected by the Renter) and details will be reflected under the 'My Reservations' page in the App;
6.1.2 The Rental Vehicle shall be returned to the Designated Location on or before the expiry of the Rental Period:-
18.104.22.168 Where the rental of the Rental Vehicle is made under the “Round Trip” option, “Designated Location” shall mean the location from which the Rental Vehicle was first picked up by the Renter;
22.214.171.124 When the rental of the Rental Vehicle is made under the "Free Floating" Option, “Designated Location” shall mean any location indicated within the GoCar Free Floating app as selected by the Renter. The selected Designated Location will be reflected under the 'My Booking' page of the App.
6.2 The Renter agrees to return the vehicle key to the keybox located in the Rental Vehicle at the time of return (except Rental Vehicles with push-start button).
6.3 In the event the Renter fails to return the Rental Vehicle to the Designated Location on or before the expiry of the Rental Period, the Renter shall be charged a late return fee resulting from the late return. For the purpose of clarity and illustration:
6.3.1 in the event the Renter delays the return of the Rental Vehicle after the expiration of the Rental Period, the hourly rate of the rental charges will be charged double the amount of the rented car per hour;
6.3.2 in the event, the Renter delays the return of the Rental Vehicle by less than one (1) hour but more than five (5) minutes after the expiration of the Rental Period, the late return fee will be computed based on one (1) whole hour.
6.4 For the avoidance of doubt, the imposition of the late return penalty shall be without prejudice to such other rights and remedies as may be available to the Fleet Supplier under this Agreement, including but not limited to its right to repossess the Rental Vehicle as set out in Clause 8.
6.5 The usage of the Rental Vehicle by the Renter:
6.5.1 The Renter shall be of the legal driving age and between the ages of eighteen (18) years old to seventy-five (75) years old, and the Renter can be a probationary license holder.
6.5.2 Where the Renter is a non-Malaysian citizen, he/she shall possess a valid international driving license.
6.5.3 The Renter shall not have suffered or is not suffering from any physical infirmity and/or defective vision or hearing which may impair his/her driving abilities.
6.5.4 If the Renter is a Malaysian, he/she shall possess and present a valid driving license.
6.6 The Renter shall:
6.6.1 not drive the Rental Vehicle whilst under the influence of alcohol or drugs;
6.6.2 not use the Rental Vehicle for any purpose for which it is not expressly designed;
6.6.3 not use the Rental Vehicle for commercial purpose, including but not limited to the property for hire;
6.6.4 not use the Rental Vehicle to propel or tow any vehicle or other object;
6.6.5 not use the Rental Vehicle to participate in any race, test, or contest;
6.6.6 not use the Rental Vehicle in any manner whereby the Rental Vehicle will be loaded beyond its permitted capacity;
6.6.7 not use the Rental Vehicle for any illegal and/or unlawful purposes;
6.6.8 not use the Rental Vehicle to carry any item(s) that will discharge any unpleasant odours (e.g. pets, durians, salted fish, smoking and etc.).The Renter shall be liable to reimburse the Fleet Supplier for all costs incurred to eliminate such odours and the loss of rental days of the Rental Vehicle;
6.6.9 clean the exterior, interior, and upholstery of the Rental Vehicle;
6.6.10 ensure that the Rental Vehicle has sufficient engine oil, water, correct tyre pressure;
6.6.11 bear the cost of replacing any flat tyre or battery that has occurred during the usage of the Rental Vehicle and shall promptly inform the Fleet Supplier on the same;
6.6.12 if the Renter is a probationary driving license holder, bring along his/her own P sticker and affix it to the windscreens of the Rental Vehicle. Failing which, the Renter shall be fully responsible for any summons issued for the absence of the P sticker pursuant to the Renter’s failure to supply his/her own P sticker.
6.7 Without prejudice to any other charges payable, the Renter is liable to pay under this Agreement, if the Rental Vehicle is held under custody by the police or any relevant authority due to any act, omission or event attributable to the Renter, the Renter shall be responsible and liable for the rental charges for the Rental Vehicle for the entire Rental Period and to pay for the loss of use of the Rental Vehicle which shall be charged based on the daily rate displayed in the GoCar mobile app / website.
6.8 A one-time fee of RM2,000 will immediately be charged for a period of 30 days, and subsequently a daily rate for the period of the Rental Vehicle being held under the custody commencing from the first day the Rental Vehicle is held under custody until the date on which the Rental Vehicle is released by the police or the relevant authority.
6.9 Without limitation to anything herein contained, the Renter shall:
6.9.1 not do or attempt to do any act which may infringe upon the ownership or interests of the Fleet Supplier in the Rental Vehicle or which may affect the policy or policies of insurance on the Rental Vehicle;
6.9.2 not affect any mechanical 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 the Fleet Supplier;
6.9.3 not remove or interfere with any identification marks or plates affixed to the Rental Vehicle, nor attempt nor permit the same;
6.9.4 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;
6.9.5 not take or allow the Rental Vehicle to be taken out of Malaysia without the prior written consent of the Fleet Supplier through email, and in the event such written consent is being given, the Fleet Supplier may impose such terms and conditions as it may deem fit;
6.9.6 bear the full cost of the repair or rectification of any damage to the Rental Vehicle resulting from the negligence / intentional act / vandalizing act / improper use of the Rental Vehicle by the Renter, including but not limited to the following circumstances:-
• where the Rental Vehicle is driven by any person other than the Renter;
• where the Rental Vehicle is used in breach of any of the terms set out under Clauses 6.5 and Clauses 6.6;
• where the Rental Vehicle is driven on any beach or in any other area exposed to saltwater;
• where the Rental Vehicle is driven in any area or under any circumstances where the Rental Vehicle becomes partially or totally immersed in water;
• where the Rental Vehicle sustains damage to the body or undercarriage as a result of making contact with a stationary object overhanging or on the road surface, including where the Rental Vehicle is driven or attempted to be driven under, over or around any such object;
• where the damage to the Rental Vehicle is caused by a collision with a human or an animal, or whilst avoiding a collision with a human or an animal.
6.9.7 be liable for any missing, stolen, or damaged parts and/or accessories of the Rental Vehicle occurred during the usage of the Rental Vehicle where costs will be automatically deducted from the Renter’s registered debit/ credit card registered with the App;
6.9.8 be liable for the costs of replacement of any lost car key(s) and/or the costs for creating additional car key(s) for the Rental Vehicle where costs will be automatically deducted from the Renter’s registered debit/ credit card registered with the App;
6.9.9 look after the Rental Vehicle and ensure that it is properly locked and secured and parked in a safe place when not in use.
7. PARKING & FINES
7.1 The Renter shall be solely liable for all parking fees, traffic fines, penalties, replacement access cards or summonses incurred in respect of the Rental Vehicle during the Rental Period.
7.2 Any parking fees, traffic fines, penalties or summonses incurred by the Renter during the Rental Period, together with an additional administration fee of RM10.00 (subject to the prevailing SST charges) will be automatically deducted from the Renter’s registered debit/ credit card registered with the App.
7.3 Loss of access card or ChargEV card is chargeable at RM300 per access card.
8. REPOSSESSION OF THE RENTAL VEHICLE
8.1 The Fleet Supplier shall be entitled to repossess the Rental Vehicle without sending any notice to the Renter, either by itself or through its service provider (which may include but not limited to GoCar), where:
• on Round Trip, the Renter has failed to return the Rental Vehicle to the Designated Location upon the expiry of the Rental Period, and there has not been any extension of the Rental Period by the Renter, or
• on a Free Floating Trip, the Renter has failed to return the Rental Vehicle to the Designated Location after the Renter ended their trip and/or has failed to pay and top-up the GoPocket points after it has reached zero points or lower during the trip.
8.2 The repossession fee chargeable is based on the daily rate shown on the GoCar mobile app.
8.3 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 the Fleet Supplier to repossess the Rental Vehicle.
8.4 The Renter hereby authorises the Fleet Supplier and/or its service provider 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 the Fleet Supplier and/or its service provider to enter any premises for purposes of repossessing the Rental Vehicle.
8.5 The Renter shall reimburse the Fleet Supplier for all costs and expenses incurred in the repossession of the Rental Vehicle, and shall indemnify the Fleet Supplier and/or its service provider against any and all claims which may be brought by any third party resulting from the repossession of the Rental Vehicle where costs will be automatically deducted from the Renter’s registered debit/ credit card registered with the App.
8.6 The Renter shall reimburse the Fleet Supplier for repossession fees for locations beyond Kuala Lumpur and Selangor at the following rates:
• Negeri Sembilan: RM100 / trip
• Kelantan, Kedah, Perlis, Penang, Terengganu, Johor: RM300 / trip
• All other Peninsular Malaysia states: RM200 / trip
8.7 The Fleet Suppliers shall not be liable to the Renter for:
8.7.1 The loss or damage to any property left, stored, loaded, or transported in or upon the Rental Vehicle by the Renter and/or his/her passengers during the Rental Period. The Renter hereby agrees to release, indemnify and hold the Fleet Suppliers and/or GoCar harmless from any claims for the loss or damage to such property.
9. SERVICE & MAINTENANCE OF THE RENTAL VEHICLE
9.1 If the Renter experiences any problem with the Rental Vehicle during the Rental Period (e.g. due to accident or mechanical failure), the Renter may seek assistance by dialing the toll-free number of 1300-30-2633.
9.2 The Renter shall not allow any third party to carry out any repair, service, and/or maintenance work on the Rental Vehicle without having obtained the Fleet Supplier’s prior written consent.
9.3 The Renter shall be responsible for any additional costs incurred from the tow truck assistance rendered.
10. REPLACEMENT VEHICLE
10.1 Neither the Fleet Supplier nor GoCar shall be obliged to provide any replacement vehicle to the Renter, subject to certain exceptions as may be assessed on a case-by-case basis by GoCar.
11.1 The rental charges of the Rental Vehicle are inclusive of car insurance coverage of:
• Up to RM200,000 for death or injury to all passengers in the Rental Vehicle subject to determination;
• Property damage liability up to RM3,000,000.00 only on per occurrence basis,
and the Renter hereby acknowledges and agrees that the above-mentioned insurance coverage in respect of the Rental Vehicle may be subject to changes and shall be subject to the relevant insurance policy as procured by the respective Fleet Supplier. In the event that there is any change to the above-mentioned insurance coverage, the Fleet Supplier shall notify the Renter on the same.
11.2 The aforesaid insurance coverage shall only be effectively provided if the Renter:
• Shall have lodged a police report on the accident within twenty-four (24) hours;
• If the accident is caused by a third party vehicle, shall have obtained all necessary third party details; and
• Shall have reported the accident to GoCar within twenty-four (24) hours from the time of the accident.
11.4 If the entire or part(s) of the Rental Vehicle is stolen or lost, 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 to 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 of the stolen part(s) and the recovery and storage of the Rental Vehicle immobilised as a result of the theft.
12. TERMINATION OF THE AGREEMENT
12.1 The Agreement shall automatically upon the expiry of the Rental Period unless there is a prompt extension of the same by the Renter.
12.2 In addition, this Agreement will be terminated immediately with a written notice if there is a breach of any terms of this Agreement by the Renter.
13. CONSEQUENCES OF EXPIRY/ TERMINATION OF THE AGREEMENT
13.1 Upon the expiry or such early termination of the Agreement, the Renter shall forthwith return the Rental Vehicle to the Designated Location, failing which the late return penalty fee as set out in Clause 8.4 shall apply, and the Fleet Supplier shall also be entitled to exercise its right to repossess the Rental Vehicle as set out in Clause 8.6.
13.2 Return of the Rental Vehicle:
• 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). The Fleet Supplier shall be entitled to charge the Renter such reasonable amount as may be necessary to restore the Rental Vehicle to pre-rental condition.
• The Rental Vehicle is let out with fuel level as specified in the Rental Vehicle and must be returned the same. The Rental Vehicle shall be filled only with unleaded petrol for all car models. In the event the Rental Vehicle is not returned with the specified fuel level, a refuelling service charge, subject to the prevailing SST Charges will be charged to the Renter.
13.3 The expiry/termination of this Agreement for whatsoever reason shall be without prejudice to the rights of either party including the right to claim damages in respect of any antecedent breaches by the other party prior to the effective termination expiry date of this Agreement.
13.4 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 the Renter’s liability to indemnify the Fleet Supplier and/or GoCar under this Agreement.
14. FORCE MAJEURE
14.1 The Fleet Supplier shall not be liable to the Renter 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 the Fleet Supplier with reasonable precautions (“Force Majeure Event”).
14.2 The Fleet Supplier shall not be under any liability to the Renter in any way whatsoever for the failure or delay to perform any of its obligations under this Agreement due to the Force Majeure Event. If the Fleet Supplier is unable to perform its obligations under this Agreement as a result of the effect of any of the Force Majeure Event, the Fleet Supplier shall within seven (7) days of the occurrence of such event give written notice to the Renter of the inability.
14.3 The operation of this Agreement shall be suspended during the period in which the Force Majeure Event continues. If the Force Majeure Event shall prevent the Fleet Supplier from performing its obligations for a continuous period of more than thirty (30) days from the date of the written notice from the Fleet Supplier, the Fleet Supplier may terminate this Agreement by giving written notice.
15.1 Time of the Essence. Time wherever mentioned in this Agreement shall be of the essence in this Agreement.
15.2 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.
15.3 Waiver. Failure by the Fleet Supplier 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.
15.4 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.