GCR TRAVEL & TOURISM SDN BHD

TERMS & CONDITIONS OF RENTAL AGREEMENT:

GCR (renting the car determined in first page) agreed on renting the car to the Renter (mentioned in the first page) and being obliged with articles of this agreement discussed by the two parties.

1. Delivery, Receipt, and Change

1.1 Renter’s acceptance of renting the car means that the car condition agrees with the inspection report and his acceptance of bearing the full responsibility after that in case of losing or missing the car. On returning the car, the Renter bears the responsibility of the car prior to its delivery to the Renter’s representative and his issuing of his written report.

1.2 The Renter agrees on the time and date mentioned in the contract for renting the car, and also all the instruments and accessories (such as the care spare tire, tools and other) and returning the car in the location mentioned in the agreement.

1.3 In case the Renter party does not return the car in the fixed time or does not pay the rent in the fixed time, GCR shall be entitled at any time to restore the rented car.

1.4 The Renter party shall be obliged to return the car in the official working hours according to the times determined by the GCR. At any rate, the Renter bears all responsibility for the car up to its delivery to GCR at the fixed location and performing inspection on the car (the Renter party shall issue a written report on this)

1.5 After GCR approval, the Renter shall deliver the car to GCR at a location other than the car rental place, or approval from GCR to receive the car by himself, the Renter shall bear the car full responsibility up to its delivery to GCR and obtaining a deed signed for the car actual receipt.

1.6 During or after the car rental period, GCR shall not bear any responsibility towards any material losing of the things left in the car by Renter, passengers or third party. According to this article, the Renter bears any responsibility towards the material losses.

1.7 In case of car need for replacement due to maintenance, replacement, accident or other reasons, in case of GCR request of this, the Renter has to return the car promptly. GCR does not commit to deliver a car similar to the replaced car, to the Renter. In case the Renter does not return the car immediately for repair, the Renter shall bear all maintenance expenses resulting from this and losses.

1.8 In case of absence of the car the Renter wants, GCR may submit better car temporarily to the Renter, once the required car is available, GCR shall communicate with the Renter for car replacement. In this case, the Renter has to return the car immediately to GCR. In case GCR requests restoration of the car from the Renter three times without reply, the price of the car the Renter actually received shall be counted from the day of the required car is available.

1.9 In case vehicle due for general service, Renter shall inform lessor immediately.

2. Personal Data:

• The Renter entitles GCR to share his personal data with the concerned authorities- police, communications authority, criminal investigation department and other related departments.

3. Use Conditions

The Renter shall take care of the car, not use it in the following conditions:
3.1 Using the car in carrying property or loading goods.
3.2 Loading the car with number of passengers more than the permissible limit.
3.3 Putting permeable materials in the car and other materials which damage the car and affect its renting once more.
3.4 Pushing, pulling or towing any other car or object.
3.5 Using the car in races and competitions and other illegal uses.
3.6 Driving in no asphalted roads not determined by the government of Malaysia such as beaches, sand dunes and other.
3.7 The Renter or other driver’s driving the car under the effect of alcohol, hallucination drugs, sleeping pills, sedatives and other materials which affect the consciousness of the driver.
3.8 Violating the traffic and ports laws or other laws.
3.9 Except for the person determined by the Renter for driving the car, and notifies GCR that this is additional driver (the persons mentioned in the agreement) others are not entitled to drive the car.
3.10 Subleasing the car or lending it.
3.11  Using the car outside the country.
3.12  The regions forbidden for entry which GCR notifies them to the Renter.

The Renter agreed on bearing any legal liabilities, and bearing the responsibility and damages to GCR, for the losses resulting due to the Renter’s violation of point three of this condition concerned with using the car, which leads into occurrence of losses to the car.

4. Insurance Policy

4.1 The Rental Charges of the Rental Vehicle is inclusive of car insurance coverage of:

(a) Unlimited liability for death or injury to third parties; and
(b) Property damage liability up to RM3,000,000.00 only on per occurrence basis.

The aforesaid insurance coverage shall only be effective provided if the Renter and/or the Designated Driver(s):

i. shall have lodged a police report on the accident; and
ii. shall have reported the accident to GCR within twenty-four (24) hours from the time of the accident.

(a) In the event any loss or damage is caused to the Rental Vehicle, the Renter shall be liable to pay the full costs of such loss or damage to the Rental Vehicle, including but not limited to the labour, towing and storage costs as well as a daily fee for GCR’s loss of use of the Rental Vehicle.

(b) However, if the Rental Charges of the Rental Vehicle is inclusive of CDW, the Renter’s liability towards GCR in respect of the loss or damage caused to the Rental Vehicle shall be limited to a maximum liability as below:

Car price/Car Condition Compensation Amount
300 thousand ringgit and less: 2,500.00
300-350 thousand ringgit: 3,000.00
350-800 thousand ringgit: 5,000.00
Luxurious non-sporting car: 8,000.00

The insurance company pays the basic insurance amount upon damage of the car according to the schedule above. Regarding the driver:

a) Luxurious car series, the driver/ Renter whose minimum age is 25 and the maximum age is 65, has to have experienced one year and above in driving.
b) Normal car series, the driver/Renter whose minimum age is 21 and maximum age is 65, has to have experienced one year and above in driving.
c) “P” License is not allowed to drive our vehicle.

Not satisfying the above conditions imposes fine on each paragraph + 20% penalty.

The Renter needs to have a report in between 24 hours issued from the police and submit it to the car agency (GCR), so that the agency can submit it to the insurance company, in addition, the user needs in this case compensation for the damage, and also the daily rent fees incurred during the car maintenance.

5. Loss, theft and other

5.1 In case of occurrence of damage, loss or theft for the car, or its parts, this includes occurrence of fire, or breakage in the glass, if this is due to the Renter or driver violation of the agreement conditions and provisions of insurance, and whether this is due to the lessee’s negligence or not, he shall bear GCR compensation for all losses and expenses (for example but not limited to costs of replacement, repair, maintenance, wear, and compensation for rent losses).

5.2 The Renter shall be fully responsible in case of car damage due to fuel pollution, or floods, damages resulting from water, driving on rough roads and sand dunes.

5.3 Due to the losses resulting from the Renter, GCR shall be entitled to obtain suitable compensation for the rent amount till the car is repaired or replaced.

5.4 In case of accident occurrence (whether it leads to car damage or not), injuries to persons, car theft or parts thereof, the Renter shall notify GCR, and inform the police, upon the Renter receiving from the police report, the Renter party shall send a copy of the police report to GCR. In case the Renter does not send the police report to the lessor at a fixed time, while the car damage insurance is not valid, the Renter shall bear all responsibility for GCR compensation or the actual losses resulting from this.

5.5 The Renter cannot undermine the standing or actual insurance policy especially it does not bear responsibility towards others, moreover, the Renter solely bears the responsibility of compensating the other party.

5.6 Under any circumstances, due to the negligence of the Renter or any other party, claiming of other party GCR with compensation, while the insurance company refuses to pay the insurance, the Renter shall pay the complete compensation amount to GCR.

5.7  The Renter shall help GCR and the insurance company for dealing with the traffic accidents or car damage in all the related compensations claims. The Renter’s responsibility is also applied in case of theft.

5.8 In case the police report or maintenance record are unable to determine the third party responsibility, the Renter shall bear all GCR’s costs. Insurance shall not cover tires, car window glasses, so the Renter shall voluntarily bear the cost of changing them.

5.9 Car may not be repaired without obtaining written approval from GCR.

5.10 In case the Renter violates the insurance provisions, and this leads to cancellation of insurance policy, the Renter shall bear the maintenance costs and the losses resulting from his negligence.

5.11  In case of theft of the car registration, the Renter shall contact 999 and have the report issued, then deliver the report to the renting company (GCR).

5.12 During renting period, the Renter shall park the car in safe place, in case of occurrence of any injuries including the coercive circumstances, and does not obtain compensation from the insurance company, the Renter shall bear all losses and costs of car repair and other related expenses.

6. Enforcement of Law and Arbitration

This agreement shall be interpreted and applied according to the law of Malaysia, same shall be enforced according to the local law applicable, in case any dispute arises, and arbitration shall be effected through the competent court.

7. Fees

7.1 GCR reserves the right of amending the conditions and provisions at any time without notice such as the right of amending the fees. This agreement is general conditions only and does not constitute the assignment of GCRr’s right of maintaining certain rights.

7.2 On returning the car and the same is found in need of cleaning, cleaning fees shall be charged.

7.3 In case of requesting road assistance or car towage to repair garage, due to negligence or mistake of the Renter, any additional expenses resulting from this shall be charged.

7.4 According to the provisions and terms of this agreement, the Renter shall pay the value of the rent in due time. In case of continuance of renting, terminating the agreement, or expiration of rented period and the Renter has not delivered the car, GCR shall immediately charge new actual rent value.

7.5 The Renter shall allow GCR to use the deposit amount paid in advance, and deduct the fees determined in this agreement (such as the rent amount, and other fees such as traffic violations, road passing fees, loss compensations, fuel filling and other).

8. Money Recovery

Upon actual completion of the agreement and the actual delivery date of the car, 50% of excess will return back to Renter in 3 working days and others shall be recovered after 14 working days, payment shall be in a bank transfer. Any arrears or delayed fees shall be deducted from the amount prior to delivering same.

9. Compensation

In addition to cheating, gross negligence, the lessor shall bear no responsibility towards the losses or injuries to the Renter or any other party related to the rented car. In case of damage, loss compensation, costs, legal consultations, judicial cases, and compensation claims resulting from the Renter’s violation of the terms of this agreement or driving the car in violation of law, the Renter agrees to hold GCR harmless (his branches, affiliates, the employees, and his agent).

10. Language and Translation

The agreement was made in English language, it may be translated into other languages, in case of the existence of the controversy between the agreement languages, the English copy shall prevail; the English copy shall be the explanatory copy for both parties.