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Terms & Conditions

Asian Rent-A-Car Sdn Bhd
(formely known as S.M.A.S Rent-A-Car Sdn Bhd)
(Company No. 113247-D)

TERMS & CONDITIONS OF RENTAL AGREEMENT

These Terms & Conditions form a part of the Rental Agreement ("Agreement"), which consists of document signed by Renter, a Return document with final charges, and any applicable amendments. This Agreement is for the rental of the Vehicle described on the Rental document.

This Agreement is between the Renter signing it (hereinafter called "I", "Me" or "My") and Asian Rent-A-Car or its dependent licensee identified on the Rental document (hereinafter called "Company", "You").

I, the Renter agree to all Terms & Conditions of this Agreement, including the Rental and Return documents.

I understand I may not rent if I do not satisfy your current standard rental qualifications.

Vehicle
I understand that you own the vehicle. The vehicle includes tires, tools, equipment, accessories, keys and Vehicle documents. The Vehicle is delivered to me in good operating condition solely for rental purposes. I understand that no one but you can transfer the Vehicle. Attempted transfer by me or anyone else is void. No one may service or repair the Vehicle without your prior approval.

I AGREE THAT YOU MAKE NO EXPRESS OR IMPLIED WARRANTY AS TO ANY METTER WHATSOEVER INCLUDING WITHOUT LIMITATION THE CONDITION OF THE VEHICLE, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE RENTAL OF THE VEHICLE TO ME.

Who May Drive the Vehicle - Authorised Drivers and Additional Drivers

I represent that I am a capable and validly licensed driver, 25 years of age or older.

The Vehicle shall not be operated by anyone except me, and the Authorised or age or older.
In addition, Authorised Drivers must be:

i.	a member of my immediate family who permanently lives with me; or
ii.	a business partner, employer or regular fellow employee who drives the Vehicle for business purposes.

I declare that I am physically fit and that no insurance company or underwriter in connection with motor insurance has at any time:

i.	declined any proposal
ii.	refused to renew proposal
iii.	requested additional premiums

Vehicle Returns
I agree to return the Vehicle to you in the same condition in which I received it, except for ordinary wear and tear. I agree to return the Vehicle to your location, either on the due date and time specified on the Rental document or upon your demand. I understand that there will be a rate change or additional charge if I return the vehicle to a different location or at a different time or due date. If for any reason I cannot return the Vehicle at the time and location required by this Agreement including the reason that I gave the Vehicle to another Authorised Driver or any other person, who has failed to return the Vehicle to me, I will pay you for all loss, or estimated damages to Vehicle including loss of use, claim processing fees, administrative charges and current value of the Vehicles, as permitted by law.

Vehicle Repossession
You may repossess the Vehicle without demand at my expenses if the Vehicle is found illegally parked, apparently abandoned, used in violation of law or of this Agreement, or for a Prohibited Use.

Prohibited Uses Of The Vehicle
I agree that the Vehicle shall NOT be used by or for any of the following PROHIBITED USES, subject to applicable law :

1.	by an unauthorised driver, resulting in damage or loss ;
2.	by any driver under the influence of Intoxicants, drugs, or any other substance known to impair driving ability ;
3.	for any illegal purpose ;
4.	by any one who gives the Company a false name, address, age or other false or misleading information ;
5.	in any abusive or reckless manner or if convicted or careless driving ;
6.	to carry persons or property for hire ;
7.	to tow or push anything ;
8.	in any race, contest or training activity ;
9.	on unpaved roads ;
10.	leaving the Vehicle and failing to remove the keys and the Vehicle is stolen ;
11.	for any use outside Malaysia and the Republic of Singapore without the prior written permission of the renting location ;

I UNDERSTAND THAT IF THE VEHICLE IS OBTAINED OR USER FOR ANY PROHIBITED USE OR IN VIOLATION OF THIS AGREEMENT, THEN ANY LIMITATION OF MY RESPONSIBILITY UNDER THIS AGREEMENT SHALL BE VOID AND I SHALL BE FULLY RESPONSIBLE FOR ALL LOSS AND RESULTING DAMAGES, INCLUDING LOSS OF USE, CLAIMS PROCESSING FEES, ADMINISTRATIVE CHARGES, COSTS AND ATTORNEY'S FEES. ALSO, WHERE PERMITTED BY LAW, THE LDW OPTION SHALL BE VOID AND THE LIABILITY, PAI, INSURANCE SHALL BE VOID.

Payment

Minimum Charges - I understand the minimum rental charge is for one day (24 hours) beginning at the time of rental, plus mileage.

I agree to pay you upon demand:

1.	All rates, charges, taxes, airport fees, including charges for miscellaneous service and equipment, including a service charge for lost keys or keys locked in the Vehicle, and all other amounts incurred as a result of this rental transaction.
2.	Vehicle Damage - Regardless of fault, all loss or estimated damage to Vehicle, Including loss of use, claims processing fees and administrative charges, as permitted by law, while renting under this Agreement. If loss or damage to Vehicle is covered by insurance, payment by the insurer within the time limits prescribed by applicable law is acceptable and prior payment by me may not be required. This potential cost is eliminated if I accept the LDW Option and comply with the Terms and Conditions of the Rental Agreement.
3.	Collection and Vehicle Recovery Expenses - All expenses of any kind incurred as a result of collecting amounts due or recovery of vehicle, including reasonable legal fees.

Credit Card - I authorise you to reserve credit with the card issuer in an amount equal to all estimated charges. You may bill my card Issuer at time of reservation or upon delivery of the Vehicle.

Payment Guarantee - I declare that by affixing the Company's seal or common credential, I am authorized to sign and give you direction to bill my Company. I understand that I remain individually responsible for all rental charges even if I direct you to bill the Company.

Final Audit - I UNDERSTAND THAT ALL CHARGES ARE SUBJECT TO FINAL AUDIT. I authorise any credits or additional charges to be made and paid by the method used at the time of rental or return.

Optional Loss Damage Waiver (LDW)/ Responsibility For Loss Or Damage To The Vehicle
If I am involved in an accident or the car sustains damage, even from unknown causes, or the Vehicles suffers loss or is stolen, I am responsible for the resulting loss or damages, as permitted by law. This includes estimated cost of repairs, towing, storage, impound fees, loss of use, claims processing fees, and administrative charges, regardless of fault. This financial responsibility is partially eliminated if LDW Option is requested without optional Supplemental Liability Protection (SLP) and paid for except under any of the following circumstances:

Damage or loss resulting from an Authorised Driver's:

1.	intentional, willful, wanton or reckless control
2.	operation of the Vehicle under the influence of drugs or alcohol
3.	towing or pushing anything; or
4.	operation of the Vehicle on an unpaved road if the damage or loss is a direct result of the road or driving conditions;
5.	failure to exercise ordinary care of the Vehicle and the Vehicle is stolen
6.	failure to report the police authority on any missing or damaged motor accessories.

Damage or loss occurs while the Vehicle is:

1.	used for commercial hire;
2.	used in connection with conduct that could be properly charged as a felony;
3.	involve in a speed test or contest or in driver training activity;
4.	operate by a person other than an Authorised Driver; or
5.	for any use outside Malaysia and Singapore.

any Authorised Driver:

1.	provided fraudulent information to the rental company, or
2.	provided false information and the rental company would not have rented the Vehicle if it had instead received true information.

If I request the LDW optional, I agree to pay the Non Waiverable Excess Liability and charges per day as shown on the Rate Sheet and Rental document for each full or partial day.

Refueling Service
The Vehicle will be provided to me with a full tank of fuel with no mandatory charge for refueling service except rental is operated on special packages.
I understand that if I choose not to refuel the Vehicle , you may provide the service of refueling at the applicable rate charge which may be higher than what than I would pay to purchase from a service station.

Personnel Accident Insurance (PAI)
I have read and understand the material which describes these benefits and conditions which is available at your location.
I accept at rate shown on Rental document, or decline PAI. I understand that I will be charged the rate per day for each full or partial day. Acceptance is proof of coverage.

10.

Accident, Theft and Claims Reporting
Authorised Drivers will immediately report any accident or theft to the law enforcement authority for the jurisdiction where the accident or theft occurred and to the Company at the location where the Vehicle was rented. Authorised Drivers will secure the names of all parties and witnesses as well as license particulars of all vehicles involved in the accident. Authorised Drivers shall not admit liability on guilt and company any claim partially or fully. Authorised Drivers will not abandon the damaged vehicle without adequate security for safeguarding. Authorised Drivers will not aid encourage the filing of any claims against the Company as a result of any accident and will cooperate fully with you and your insurer, if any, in investigating and defending any claim or lawsuit.

11.

Responsibility For Personal Property
I understand that you are not responsible for loss of or damage to my property or the property of others left at any time in or on your Vehicle or on your premise, even if it is in your possession, regardless of who is at fault. I will be responsible to you for all claims made by others for such loss or damage.

12.

Fines and Penalties
I will pay all fines, penalties and costs imposed for parking or traffic violations with respect to the Vehicle while rented under this Agreement. I will promptly report such violations to you and will indemnify and hold you harmless from all claims and costs arising out of such violations, including expenses in connection with your handling of such matters. I agree that all fines, penalties and costs arising from parking or traffic violations may be billed to the credit card I use at the time of rental.

13.

General Provisions
I agree that I will be responsible for unauthorised repairs. I understand that you will not reimburse me for authorised repairs without receipts.

I understand that it is the responsibility of the Authorised Driver to comply with all applicable seat belt laws.

I understand that in no event shall any Authorised Driver be deemed to be the agent, servant, or employee of yours in any manner or for any purpose whatsoever .

I understand that you do not waive any rights under this Agreement except in writing signed by an Authorised Representative of the Company.

I fully understand that this Rental Agreement is construed in accordance with the laws and jurisdiction of the country where this Agreement is signed.