CHAPTER 1 : GENERAL PROVISIONS

Article (1) Application of agreement

1. MKAZ Travel Network Sdn Bhd (hereinafter referred to as the “Company”) shall rent out a vehicle (hereinafter referred to as “Rental Car”) to the Renter, and the Renter shall rent the Rental Car from the Company, all in accordance with the provisions in this Agreement. Matters not provided for in this Agreement shall be governed by relevant laws and regulations, and common practice.

2. The Company may make special provisions as long as they do not violate the purport of this Agreement, laws and regulations, administrative issuances, and common practice. If a special provision is made, such provision shall take precedence over this Agreement.

CHAPTER 2 : RENTAL

Article 2: Renter and Guarantor

1. If the RENTER or GUARANTOR (emergency contact/person in charge) breaches the terms and conditions, action will be taken to blacklist (CTOS) BOTH PARTIES and management fee will be imposed for compensation or any losses occurs to MKAZ’s rental car.

Article 3: Standard Rental Qualification

1. MKAZ reserves the right to refuse any rental, at their discretion, or should the Hirer not meet with the standard terms and conditions of rental before or during rental period. Should we find out that renter carries out any illegal activities or has previous criminal history; we reserve the right to collect our car back without renter’s consent. In addition, we have the right to terminate the rental agreement and charge you any penalty or losses.
2. Should hirer is a person in charge or representative of a company, both parties (hirer and company) will hold liability and hold responsibility  to any cause not limit to loss or profit happen during rental with MKAZ.

Articles 4: Requirement on a Valid Driving License

1. Borrower must be between the age of 21 and 65 years old.
2. Borrower must possess a valid local driving license or international driving permit with qualified driving experience of at least one year. Probationary license holders will not be accepted.

For Malaysian :

• Photocopy of driver NRIC
• Photocopy of driving license
• Photocopy of NRIC / Passport of guarantor,
• Utility bill and Business card (if any).

For Non-Malaysian :

• Driver’s passport.
• International driving license or permit.
• Foreign driving license with a letter validation from embassy.
• Passport of guarantor,
• Utility bill,student card and Business card (if any).

Articles 5: Rates

1. Rates specified are for a minimum of 24 hours renter. Additional hours will be calculated, per hour up to a maximum of 5 hours only. After 5 hours, the rates will be calculated as 1-day rental.
2. Rates includes:

5000 kilometres per month for service and maintenance.

3. Rates excludes:

• Damage caused by negligence, such as punctures and burst tires, fuel errors, lack of battery charge due to forgetting to turn off electrical appliances, loss or damage to the vehicle accessories.
• Rates do not include a refundable security deposit, petrol, toll fees (Smart Tag and Touch ‘n Go), Damage waiver (CDW),additional driver, Travel Insurance,  parking charges, Accident Car Replacement Insurance, Windscreen Protection Insurance, traffic fines, airport charges, fuel & other optional charges.
• Summon or fines imposed.

Articles 6 : Collection and Delivery

1. For delivery or collection out of business location, an additional charge per way may be imposed, depending on distance, accessibility of the destination and time of day. Details on the charges and procedures will be made available at the time of enquiry. Any changes of agreed location at first place, extra charges will be charged. When you sign the rental agreement, you give us full authorization to do this. We have the right to charge it to your payment card.
2. If we agree to a delivery, this will be stated on your rental agreement. We will charge a fee for delivering the vehicle. If you choose to have the vehicle delivered, you must be present at the delivery location during your requested delivery period. The same process implies picking up charges if you choose to return the car at your place. If you do not meet the requirements in these contracts, then we may refuse to deliver the vehicle to you.
3. In any condition, you choose to change the location from the original agreement; additional cost may incur depending on your location. And so we have the right to charge your payment card for any additional amount that will be incur. You must give us at least one day’s notice to organize delivery. We may be able to deliver at a shorter notice, but you will need to check with the Reservation Team.

Articles 7 : Speed Limit

Speed limit for highways in Malaysia is 110 KM/hr, while normal road is 90 KM/hr. Please drive carefully and obey traffic rules.

Articles 8 : Driving Restriction

MKAZ vehicles cannot be driven into Singapore, Thailand, Brunei and Indonesia. Subsequently MKAZ vehicles are prohibited from being loaded onto other modes of transportation via sea, river and air for usage from mainland to Langkawi, Tioman, Redang, Pangkor island etc.

Articles 9: Vehicle Condition

Upon returning, the car has to be in the same condition as when it was delivered. Falling which, the borrower will be liable for the cost of restoring the vehicle to its original condition.

Articles 10: Long Term Rental or

1. For long-term rental, the hirer is responsible to return the car at our nearest branch if the car is due for servicing. We reserve the right to charge a penalty of MYR1.00 per KM after 500 KM exceeding the service limit.
2. Hirer is liable for any cost of damages that happen due to failure of bringing the vehicles for servicing.

CHAPTER 3: PAYMENT

Articles 11: General terms

1. MKAZ accepts the following credit & debit cards: Visa and MasterCard. The credit card presented must be in the name of the authorized renter. MKAZ reserves the right to refuse its car rental services if this term is not met. Third party credit cards are accepted only if the cardholder authorised or accepted to bear all payments charges to their card on behalf of renter. MKAZ will not be responsible should the hirer misused the third party cards.
2. Starting on January 2020,MKAZ is going on fully cashless payment. Cashless paymentsare all payments made without need of physical money. Cashless payments are made by transferring money electronically (typically bank transfer or payment card payments).
3. Certain Payment Instrument companies charge their member banks a fee for processing “foreign transactions”. If you make card transactions and the recipient uses a bank located in a different country other than the bank, which issued your card, an international service assessment, cross-border transaction fee or similar fee may be charged. Your issuing bank may or may not pass this fee on to you (the card user). Please contact your issuing bank for details as this is outside the control of MKAZ Companies.
4. In the event of Payment Instrument fraud or unauthorized use of your Payment Instrument by third parties, you should contact your bank or card issuer immediately upon becoming aware of such unauthorized use. If you suspect an unauthorized or fraudulent booking was made via MKAZ, please contact our Customer Service team immediately.

IMPORTANT

In order to make a booking you must be over 21 years old (or such other age at which majority is reached in your country or territory) and have the full legal capacity to make the transaction (or have the authorization to do so from your legal guardian). You undertake that the credit or debit card you are using is your own or that you are authorized to complete the booking with this card and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account.

Articles 12: Acknowledgement

You undertake that the details you provide us with in making a booking are fully correct. MKAZ Companies reserve the right not to accept certain Payment Instruments. MKAZ may add or remove other payment methods at its discretion. For increased convenience, MKAZ now also offers the option to have your Payment Instrument details securely stored on file. For more details, have a look at our Privacy Policy.

We have stringent fraud detection and prevention mechanisms in place. In certain cases, we may require additional information or verification to validate and confirm the booking, as explained in more detail on the Site. Reservations are not confirmed until you have received a confirmation mail with a voucher and it is possible that a booking could become fully booked during the fraud check, in which case the reservation will no longer be available. MKAZ can never be held liable in such cases. Additional information submitted will be treated in line with strict industry standards to protect privacy, using encryption for transmission and specialized agents for verification. If you choose not to submit the additional information or if we are not satisfied with the information received, the booking will not be completed and fully cancelled and any amounts charged (including the verification charge where applicable) will be refunded.

Articles 13: Payment Condition

On MKAZ’s website, renters are always encouraged to make full payment when making the reservations. However, should renter choose to pay 50% or half payment, we will charge the remaining balance using your authorized credit/debit cards before or upon delivering the car. Renter must ensure a sufficient balance in renter’s account. For certain cases , we may require an additional security deposit to pay in cash before or upon picking up the car.

Articles 14 : Cards Full Authorisation

Full authorization charges an amount of money in your account. The process of obtaining authorization from a customer for a transaction which is usually identified with an alpha numeric/ numeric code prior to completion of the transaction in which a Card is being utilized.

Articles 15 : Consent for Full Authorisation

1. To complete payment for such prepaid rental bookings, delivery charge , pickup charge or other charges whichever is applicable, you authorize the applicable MKAZ Companies to charge credit or debit your Payment Instrument for the full price (sometimes without any option for refund depending on the Rental’s booking conditions, see below) upon reservation and confirmation of the booking, at the future point in time communicated in the confirmation email.
2. To complete payment for such post-paid charges such as defects, summons and others whichever is applicable, you authorize the applicable MKAZ Companies to charge or debit your Payment Instrument for the full price . Please ensure that your Payment Instrument is valid and has sufficient credit on the future payment date. If the Payment Instrument cannot be charged on such a date for whatever reason, we have the right to invoice you manually and require you to pay in full.

Articles 16: Word About Failed Payment

1. For a variety of reasons, payment on the Site may fail. In such cases, MKAZ will offer you alternatives to ensure your reservation can go ahead. If you have any questions, please contact our Customer Service department.

CHAPTER 4: RESPONSIBILITIES

Articles 17 : Extending The Rental

1. If you want to extend the rental, please contact us as soon as possible. At the latest, this should be before the end date and time on your rental agreement. Extra days will be charged at “pay at location” prices subject to numbers of days you want to extend the rental. Your full authorization will be updated to include any anticipated additional cost-and you will need to use the same payment card you used for the original full authorization. You may need to go into the rental location to sign a new rental agreement and/or provide an additional payment card for the full authorization.
2. If you failed to return the vehicles and you are more than 5 hours late returning the vehicles, your rental will be extended and you will be charged an extra days rental at current pay at location prices plus a late-return processing fee for each day of part of a day until the vehicle is returned.
3. If you do not bring the vehicle back to us at the agreed date and time, you will have broken your contract with us and will lose the benefit or any damage waivers, excess reduction products or insurance. This means you will need to show that the damage, loss or theft occurred before the agreed return date If you wish to benefit from these waiver and protection products. We will take steps to find the vehicle and get it back. This could include reporting the vehicle to police as missing or stolen, giving your details to a repossession agency and/or third party to recover the vehicle from your premises. We then will proceed to charge your payment card on the daily basis rate.
4. If you fail to return your vehicle at the agreed time and date, you will also have to pay:
   1. The full cost of recovery
   2. Loss of rental income we incur
   3. Costs we have to pay third parties in relation to vehicles
   4. Our own reasonable costs, including a late return processing fee.
   5. Any solicitor cost if any debt remain outstanding and legal action shall take.

5. When you sign the rental agreement, you give us full authorization to do this. We have the right to charge it to your payment card.

Articles 18: Vehicle condition such as minor and major defects

1. All our vehicles have been maintained in accordance with the manufacturer’s recommended standards and will be roadworthy at “pick-up”. Any existing damage, other than minor damage will be stated on the contract.
2. Minor defects referred to as per mentioned under clause accident, damage and other charges are applicable. Your pre-authorization will be updated to include any anticipated additional cost and you will need to use the same payment card with sufficient fund on it. You may need to go into the rental location to provide an additional payment card for the pre-authorization.
3. You undertake that the details you provide us with in making a booking are fully correct. MKAZ Companies reserve the right not to accept certain Payment Instruments. MKAZ may add or remove other payment methods at its discretion.

CHAPTER 5: ACCIDENT,DAMAGES, SUMMON AND FINES

Articles 19: Minor and major accident

1. Should Hirer intentionally or unintentionally cause damage to MKAZ vehicles, hirer is always liable to pay the excess, which can be reduced as per clause under collision damage waivers.
2. You must notify us immediately within 24hours if the vehicles have been involved in an accident or damage event, even if no third party was involved. If the vehicles are lost, stolen or damaged, you must to the extent the law allows, pay the excess stated in this rental agreement, any taxes or our damage or theft processing fee unless you have purchased additional waivers to further reduce your excess.

Articles 20 : Prohibited Acts

Your excess will not apply if the loss or damage is attributable to your deliberate or fraudulent act, omission or gross negligence. At the time of the accident, we will charge you an amount followed by Collision Damage waiver (if your purchase) or an amount of non-purchase of collision damage waiver . You authorize the applicable MKAZ Companies to charge or debit your Payment Instrument for the full price. You are always liable to pay for the compensation of company losses or full cost of repairing or damages, which is estimated based on the number of days to have MKAZ vehicles repaired. Rental rates are subject to MKAZ review and approval.

You will also be liable to pay us (The Company) :

1. The full cost of recovery
2. Loss of rental income we incur
3. Costs we have to pay third parties in relation to vehicles
4. Our own reasonable costs, including a late return processing fee.
5. Any solicitor cost if any debt remain outstanding and legal action shall take.

You must advise us with a properly completed incident record, including the contact details of other parties involved, within 24 hours of the accident.

Articles 21: Summon and Fines

Starting From 1^st January 2020,For AES Summon Issued By JPJ (Jabatan Pengangkutan Jalan), Summons penalty charges fixed at amount of RM300 and management penalty charges amount of RM200 will be imposed should hirer found guilty of such offences. MKAZ reserves the right to claim compensation or losses due to AES summon without prejudice.

CHAPTER 6: CHARGES AND ADDITIONAL FEES

Articles 22: Delivery and Pickup Fees

For delivery or collection out of business location, an additional charge per way may be imposed, depending on distance, accessibility of the destination and time of day. Details on the charges and procedures will be made available at the time of enquiry. Any changes of agreed location at first place, extra charges will be charged. When you sign the rental agreement, you give us full authorization to do this. We have the right to charge it to your payment card.

Articles 23: Other Fees

1. Failing to Notify Company of Damages in Vehicle and Accidents involving Vehicle
   – RM 100 penalty and suspension of account.
2. Parking Vehicle in a Prohibited Area
   – RM 150 penalty plus any applicable fines.
3. Excessive Cleaning Required (Exterior and Interior)
   – Minimum RM 100 penalty.

4. Traffic and Parking Violations
   – Full payment of fines + RM50 service fee + 10% interest per month late in payment.

IMPORTANT WARNING

If the Company receives an order to pay the abandonment fine provided in the Road Traffic Act and the Company remits such payment, or if the Company incurs expenses required to locate the Renter or the Driver or remove, store, or pick up the Rental Car, or if the Company is restricted from using (prohibited from driving) cars by the authority, the Company may demand the amount stated below from the Renter (hereinafter referred to as “Expenses Related to the Parking Violation”). In such a case, the Renter shall pay the Expenses Related to the Violation by the deadline specified by the Company.

• Amount equivalent to the abandonment parking fine;
• Parking violation penalty fee prescribed separately by the Company;
• Expenses required to locate, remove, store, or pick up the vehicle; and
• Compensation for loss of business operation due to restriction on using (prohibition of driving) cars specified separately by us.

1. Over-speeding >= 130 KM/hr
   – Full amount of fines imposed and RM50 penalty.
2. Over-speeding >= 150 KM/hr
   – Full amount of fines imposed and RM 100 penalty.
3. Failure to Notify Company on Any Miscellaneous offences
   • up to RM 1000 penalty and suspension of account.

CHAPTER 7: MEASURES FOR ACCIDENT AND THEFT

Articles 24: Handling of Accidents

1. When an accident involving the Rental Car occurs during the rental period, the Renter shall take measures provided for in laws and regulations and shall handle the situation in accordance with the provisions below regardless of the seriousness of the accident.

• Immediately inform the Company of the details of the accident;
• Promptly submit documentation or evidence required by the Company in relation to the accident;
• Obtain prior approval from the Company when settling or reaching agreements with a third party in relation to the accident; and
• Do not carry out repairs; the Rental Car shall be repaired by the Company

Articles 25: Hirer’s Responsibilities

1. The Hirer accepts responsibility to repair and change to new original parts at current market price plus labours on items that are damaged, lost or stolen during the period of Hire. As such, hirer’s deposit shall be forfeited. The possibility of such incident would be as follows:-

• scratches on car body which have to be re-paint
• minor or major damaged on all front & rear lamps
• broken / smash windshield, window glass & wiper
• damaged on car seats (eg. Cigarettes burn marks, stains, etc.)
• fender & bumper bend or fall out
• any missing & damage items relating to the car.
• damage accessories or vehicles’ part

2. Hirers must always make sure the vehicle’s water temperature is always at normal level. Should the hirer encounter water heating or temperature rise, stop the car immediately at a safety area and contact our response team. For long distance driving, hirers must regularly check the water level and add in water if needed and engine oil of the rented vehicle.
3. Failure to inform MKAZ on any damages or potential damages may results in suffering a breakdown, such as major damage to the engine, transmission and suspension. The cost of repairing will be under the hirer’s full responsibility.
4. In the case of major damage happening to MKAZ cars(s) that require MKAZ to claim compensation from Insurance Company, then the time spent on claiming from the Insurance company and sending for repairs would have resulted in losses to MKAZ.
5. The accident or damage only applies for collision between two moving objects. Any damage while the vehicle is stationary will be under hirer’s full responsibility and subjected to the above excess and excess protection.

Articles 26: Liability For Compensation

1. When the Rental Car cannot be used by the Company due to an accident, breakdown, or other grounds attributable to the Renter or the Driver during the rental period, the Renter shall pay the Company the fees separately prescribed by the Company as compensation for business interruption for the period the Rental Car cannot be used or the repair period.

1. In addition to those provided for in the preceding paragraph, the Renter shall assume liability for compensation for damages if the Renter commits acts in violation of the articles, rules, and special provisions under this Agreement, and other terms and conditions. The Renter shall also be liable for compensation for damages when a third party or the Company has suffered damages following use of the Rental Car due to reasons attributable to the Renter.

Articles 27: Collision With Third Party

1. Should the hirer meet with an accident and be hit by the third party driver, the hirer must inform MKAZ immediately. In any condition that the car cannot be driven, damaged and may result in a suffering breakdown, there will be no replacement car provided to the hirer. However, should the hirer wish to have a car replacement, that hirer must agree to bear all cost of replacement including new rental car, delivery charges or any other cost applied to MKAZ for delivering the car to the hirer.
2. For the above clause, the accident penalty will not be imposed only and if the hirer did not find guilty of making such an accident to happen with the third party driver. This clause is only valid and applicable to when the police result report shows that the hirer is not found guilty for such offences.
3. However, should the hirer find guilty for such offences, MKAZ may offer the hirer an insurance replacement car under Accident Car Replacement (ACR).

Articles 28: Loss of Use

MKAZ has the right to claim for compensation of company losses of future revenues when an accident disables a vehicle. Hirer is always liable to pay for the compensation of company losses which are estimated based on the number of days to have MKAZ vehicles repaired. Rental rates are subject to MKAZ review and approval.

CHAPTER 8: MEASURES FOR WINDSCREEN DAMAGES

Articles 29: Windscreen Damages

Windshield damages happen to the windscreen (star, crack and chips), which includes door windows, rear window, and windscreen.  Should hirers intentionally or unintentionally cause damage to the windscreen, hirers are always liable for all cost of replacing or repairing windscreen to the original condition.

1. Major crack, star or chips.

• Should the hirer intentionally or unintentionally cause major damage to the windscreen including front mirror, rear driver side window, left rear window or back mirror ,MKAZ reserve the right to charge the hirer full cost of replacing the new windscreen.

2. Minor crack, star or chips.

• Should the hirer intentionally or unintentionally cause minor damage to the windscreen including the front mirror, rear driver side window, left rear window or back mirror ,hirers are always responsible to inform MKAZ’s support team immediately. All cost of replacing or repairing the windscreen back to its original condition will always be the hirer’s responsibilities. MKAZ will advise the hirer on the cost of damages once MKAZ are satisfied with the cause of the incident. Failure to inform MKAZ may result in additional penalty charges.

CHAPTER 9: PROTECTIONS

Articles 30 : Accident Car Replacement Third Party

1. Hirer may purchase an accident car replacement (third party) waiver to cover all types of replacement cost which is needed if the hirer is hit by the third party. Under this Accident Car Replacement Waiver, what will be cover by this waiver is:

• The full cost of replacing the car

2. For replacement, MKAZ may offer any type of car depending on the booking schedule whichever is still available. The replacement car may not be the same colour, brand, model or engine capacity (CC).
3. However, Accident Car Replacement is not valid and unable to purchase during peak season or festive season (Public Holiday in Malaysia). We reserve the right to cancel the Accident Car Replacement even though the hirer had purchased this waiver when making the reservation.
4. Upon receiving the replacement car , Collision Damage Waiver or other excess protection that has been purchased for the accident car will not be applicable to the new replacement car. Hirers need to purchase a new excess protection.

Articles 31: Collision Damage Waiver

1. All vehicles are fully insured with standard motor vehicle policy. However the hirer is always liable for an amount equivalent to the excess clause not exceeding MYR2,500 (Group A), MYR3,000 (Group B), MYR3,500 (Group C), MYR5,500 (Group D), MYR7,000 (Group E) and MYR8,500 (Group F).
2. Collision Damage Waiver is provided to Hirer to reduce the excess liability to minimal. For example, should Hirer intentionally or unintentionally causes damage to MKAZ vehicle, hirer is liable to pay the excess which can be reduced as per detailed below:-
3. MYR 1,000 (Group A), MYR 1,500 (Group B), MYR 2,000 (Group C), MYR 3,000 (Group D), MYR 4,000 (Group E) and MYR 5,000 (Group F).

4. Hirers may purchase CDW on MKAZ’s official website based on the number of rental days.
5. CDW will only be effective subject to availability of a police report within 24 hours from the time of accident. Acceptance of CDW does not cover the Reduced Excess Amount indicated above which shall be the responsibility of Hirer.

Articles 32: Special Perils Coverage

1. A standard rental car insurance will not cover any losses or damage arising from an act of nature, such as flood and storm. In most states, in the event of any loss or damage to the car due to natural perils, regardless of fault, hirer’s financial responsibility extends to the full value of the car at the time of rental, less its salvage value, plus expenses for towing, storage and impound fees, diminution of value of the car as determined by MKAZ, an administrative charge and a reasonable charge for loss of use.
2. However, hirer may purchase a special perils coverage as an additional protection to the rental car.
3. Inclusion of Special Perils is its covers the car hire against loss or damage caused by flood and storms. In the event of any loss or damage to the car due to natural perils, regardless of fault, the hirer is always liable for an amount equivalent to the excess clause not exceeding MYR4,500 (Group A), MYR6,000 (Group B), MYR7,500 (Group C), MYR8,500 (Group D), MYR9,000 (Group E) and MYR10,500 (Group F).
4. In the context of an automobile, the term “flooded” describe when ponded or standing water has entered the passenger bay.
5. However, in some conditions, special perils add-ons may not take effect should below conditions happen:

• The damages happen during the heavy rain but not the flood.
• Any damage occurs by a hirer driving through standing water that does not pass through the passenger bay.
• If the hirer driving through a puddle or holes and causes damage to the car.
• Any other causes that does not happen due to flood or storm.

Articles 33: Travel Insurance

MKAZ encourage hirer’s to purchase Some travel insurance plans include coverage for rental cars or offer it as an optional add-on to cover car rental when you travel.Travel insurance also covers legal liability including legal expenses for bodily injuries or damage to property of other persons as a result of a claim made against you. Essentially, this coverage ensures that if a traveler rents a vehicle and it’s damaged or stolen, they won’t have to pay all of the cost of repairs and additional rental charges imposed by the car rental company.

See travel insurance for TRIPCARE360

Articles 34: Non-covered excess protection

1. All standard insurance and excess protection do not apply for damage or lost due to natural perils ,careless action, negligence, illegal or improper use of the vehicle. The insurance and excess protection also not cover for missing items or accessories or damages, tyre punctures, burst tyres, fuel errors, battery damage because of forgotten turned off electrical devices and loss or damage to the vehicle accessories.
2. In addition, the hirer is reminded that underbody and overhead damage is at their own risk at all time. All insurance and excess protection is void if the vehicle is driven on unsealed and unmade road or surface.
3. The hirer is required to contact our representatives to inform us for any event of accidents or car theft.
4. As such, no replacement of car by MKAZ and hirer are liable to pay the excess fees. Hirer’s deposit with balance of hire rates (if any) paid to MKAZ shall be forfeited.

CHAPTER 10: CANCELLATION AND REFUND

Articles 35: Reservation Cancellation

1. We require 8 days cancellation notice prior to your scheduled rental date, otherwise we will charge you a cancellation fee as below.

Normal operation season:

• Full refund of your reservation payment if you cancel or make any changes 8 days prior to your scheduled rental date.
• 40% of your total amount of your reservation payment will be charged if you cancel or make any changes from 2 to 7 days prior to your scheduled rental date.
• 100% of your total amount of your reservation payment will be charged if you cancel or make any changes 1 day (24hours) before your scheduled rental date or no show on the arrival date.

For promotional code or voucher code payment :

• Kindly be reminded that this promotional code or voucher code which is offered to selected customers only. Should customer has make partial (50%) or full payment, 100% from your total amount of your reservation payment will be charged if you cancel.

For peak season and festive (applicable to all Public Holiday in Malaysia):

• 100% from your total amount of your reservation payment will be charged if you cancel or make any changes from 1 to 7 days prior to your scheduled rental date.

3. For full refund and 40% cancellation charges, renter is always liable for any payment transaction fee that may be incurred for refund processing.
4. A management charge of 8% from total reservation amount will be charged for each transaction fee. These charges may vary depending on the country and current foreign exchange rates. MKAZ will advise hirer on charges following current exchange rates.
5. For a refund, we will only use PayPal or remittance transfer to bank account.
6. A one-time cancellation fee will be charged at the rate of 4% from the full amount paid for the reservation for any cancellation of booking.

Articles 36: Refunds

1. MKAZ Companies will process refunds, if and when applicable, within a reasonable timeframe. You also authorize the crediting to your Payment Instrument in case of reversals, refunds, or adjustments through the service, which facilitates the processing of payment transactions.
2. Refund process may take 7-21 working days depending on your beneficiary bank process.
3. In such cases some rental may pre-authorize your card, charge a deposit or charge the full price of the reservation up-front. Booking may require credit card details in order to guarantee your reservation. As such, MKAZ Companies will send your Payment Instrument information directly to the branch at which your booking is made and may verify (i.e. pre-authorize) your Payment Instrument as well. In order to safeguard and encrypt your Payment Instrument information when in transit to us, we use the “Secure Socket Layer (SSL)” technology for our services. Please note that your bank may impose additional fees on the transaction, over which MKAZ Companies have no control.

CHAPTER : RETURN

Articles 37: Responsibilities to Return The Rental Car

1. The Renter or the Driver shall return the Rental Car to the Company at the specified return location by the end of the rental period.
2. When the Renter or the Driver has violated the preceding paragraph, the Renter shall pay compensation for all damages incurred by the Company, in addition to paying the surcharge prescribed in the following paragraph.
3. When the return time specified at the time of concluding the Rental Agreement has passed, the Renter shall pay the surcharge prescribed separately by the Company; provided, however, that this shall not apply when extension procedures have been undertaken prior to the expiration of the rental period.

Articles 38 : Checks Upon Return

1. The Renter or the Driver shall return the Rental Car in the same condition as at the time of commencement of the rental to the location specified in the Rental Agreement in the presence of the Company. Except in cases of deterioration due to normal daily use, the Renter shall be liable for the expenses required to restore the Rental Car to the same condition as at the time of commencement of the rental if the Rental Car has been defaced, damaged, fixtures have been lost, or offensive smells remain (as a result of smoking or other possible causes), etc. for reasons attributable to the Renter or the Driver.
2. In addition to those provided for in the preceding paragraph, when returning the Rental Car, the Renter shall promptly inform the Company of any abnormalities discovered in the Rental Car.
3. When returning the Rental Car, the Renter shall, at his/her own responsibility, confirm that there are no items left behind (hereinafter referred to as “Items Left Behind”) in the Rental Car that belong to the Renter or passengers.
4. If there are any outstanding rental or other fees, the Renter must complete its payment by the time the Rental Car is returned.
5. In addition to those provided for in the preceding paragraph, when the Rental Car is returned and the tank is not filled with fuel such as gasoline or diesel (in other words, does not have a “ sufficient tank”), the Renter shall immediately pay the Company a refueling fee calculated according to the conversion table prescribed by the Company in accordance with the distance traveled.

Articles 39: Handling of Items Left Behind

1. The Renter shall be responsible for confirming that there are no Items Left Behind in the Rental Car when returning the Rental Car.
2. The Company shall not be obligated to check for any Items Left Behind in the Rental Car, the Renter shall assume responsibility for damages incurred by the Renter, passengers, or other third parties as a result of Items Left Behind.
3. When Items Left Behind are recovered from the Rental Car, the Company shall handle the items in accordance with the following items; provided, however, that Items Left Behind that have no property value and are difficult to store on a continuous basis may be disposed of immediately and not in accordance with the following items.

• Items Left Behind that have no property value, or items which are in danger of spoiling, are dangerous, or are difficult to be stored on a continuous basis, shall be stored for three (3) days including the day the items have been recovered, and shall be disposed of if their owner does not apply to collect them during such period.
• Driver’s licenses, passports, credit cards (including ETC cards; the same shall apply hereinafter), coins, banknotes, documentary stamps, postage stamps, securities, tradable coupons, precious metals, mobile phones, and precious stones shall be formally handed over as lost property to the police station with jurisdiction; provided, however, that when they are not accepted by the police, the items shall be stored for three (3) months from the day the items have been recovered; and if the name and address of the owner are identified during such period, then such owner (issuing company in the case of credit cards) shall be notified to collect the items. Such items shall be disposed of when, during the three (3) months from the day on which the items have been recovered, the name and address of the owner are not identified or the owner has not applied to collect the items.
• Guns, swords, drugs, or other items for which ownership is prohibited by law shall immediately be formally handed over to the police station with jurisdiction.
• Items Left Behind that do not fall under any of (1) to (3) above shall be stored for one (1) month from the day the items are recovered and shall be disposed of if the owner has not applied to collect the items during such period.

1. When returning Items Left Behind to the Renter, the Company shall hand over the Items Left Behind to the Renter at the location specified by the Company.

CHAPTER 11:MISCELLANEOUS PROVISIONS

Articles 40:Late Payment Charges

1. In the event that rental fees or other monetary obligations are not paid when the payment due date has already passed, the Renter shall immediately pay the rental fees and other unpaid amounts together with a late payment charge of 15% per annum for the number of days from the day immediately following the payment due date until the day on which payment is made.
2. The Renter shall bear all transfer fees and other costs necessary for payment under the preceding paragraph.

Articles 41: Rental Suspension

1. The Company shall reserve the right to temporarily suspend the rental without any prior notification to the Renter for the following reasons:

1. • Emergency maintenance of the Rental Car, communication network, system, software programs, and other items relating to the rental;
   • Fire, power outage, natural disasters such as earthquake, volcanic eruption, flood, tsunami, or telecommunication problems or system errors;
   • Warfare, disturbances, riots, civil commotions or strikes;
   • System overload or when the Company judges that a security vulnerability exists; or
   • When the Company deems that the temporary suspension of the rental is necessary for other operational and technical reasons.

1. The Renter shall consent to the fact that delay or suspension of the rental may occur for the aforementioned reasons prior to commencing use of the Service.

CHAPTER 12: PERSONAL DATA

Articles 42 : Purposes of Handling of Personal Information

1. The Company shall use the Renter’s or the Driver’s personal information acquired from the Renter and information obtained from use of the Service by the Renter or the Driver (hereinafter referred to as “Usage Information”) for the purposes provided in the following items. Except for reasons authorized by the Personal Information Protection Act and other laws and regulations, personal information shall not be used in excess of this scope.

1. • For examination when concluding the Rental Agreement, identification, automatic indication of the information of the Renter or the Driver in displays of various applications, provision of reservation and rental services, issuance of rental certificate, settlement of rental fees, record management of vehicle rentals, grant of benefits, and implementation of other transactions (However, when a joint user handles information on the Renter or the Driver for the joint use of information as described in in Paragraph 3, this refers to use within the scope necessary for the content of the contract with the Renter or the Driver and execution thereof);
   • For verification and judgment of membership qualification for the services offered by the MKAZ and provision propriety of other services;
   • For advertising products, services, privileges, and other information handled by the MKAZ and its business partners (direct mail, mail magazines, customer support, etc.);
   • For marketing activities for the products and services handled by the MKAZ and its business partners (questionnaire surveys, promotions, sending of presents, purchase analysis, etc.); and
   • For the execution of other work incidental or relating to the above.

1. The Company shall not provide personal information that it has collected to any third party, except in the following cases:

1. • When the individual concerned by the personal information (i.e., the Renter or the Driver) has consented to such provision.
   • When required under laws or regulations.
   • When necessary to protect human life, health, or property, and it would be difficult to obtain the consent of the individual concerned.
   • When there is a particular need to do so for purposes of contributing to the public health or promoting the sound rearing of children, and it would be difficult to obtain the consent of the individual concerned.
   • When it is necessary to cooperate in the performance by a national or local government agency or a party entrusted with authority by such an agency of activities prescribed by laws or regulations and obtaining the consent of the individual concerned could impede the execution of such activities.
   • When entrusting such information to third parties within the scope necessary to achieve the purposes of use.
   • In cases involving succession of business due to a merger or other reason.
   • In the cases described under Paragraphs 3 to 8.

1. The Company may engage in joint use of personal information and Usage Information provided to it. See the Privacy Policy and the policy for the Handling of Personal Information (referred to collectively as “Privacy Policy” hereinafter) published on the Company’s website for information concerning joint use.
2. The Company may handle user information by providing it to and sharing it with franchisees who have entered into franchise agreements with the Company. However, such franchisees may handle user information within the scope necessary to achieve the purposes of use under Paragraph 1 only when the Renter or the Driver receives provision of a service related to these Terms of Use.
3. Information (hereinafter referred to as “Usage Information”) acquired through the Renter’s use of the Company’s services, including the information indicated below, may be used continuously by the Company or provided to the parties below for the following purposes. In providing information, the Company shall implement data anonymization so that specific individuals cannot be identified from the Usage Information.

1. • Primary Usage Information
     Rental information (vehicle model, date and time, station, mileage, fees, bonuses, promotions, compensation package, options, liabilities from accidents, etc.), information on reservations (method, date and time, changes, cancellations, etc.), Rental Car’s GPS device, dashcam, recorded information of devices installed in the vehicle, etc.
   • Purpose of use
     To improve and enhance the Company’s services, as well as the products and services offered by the MKAZ and its business partners To consider and implement new services of the MKAZ and its business partners, as well as to establish and maintain infrastructure, and to organize and implement safety management
   • Receiving parties
     MKAZ business partners, research institution
   • Means of provision
     Sending or transmission by written, electromagnetic, or verbal communication methods (including telephones)

1. In addition to those provided for in this article, the Company’s initiatives for protecting personal information shall be as stipulated in the Privacy Policy published on the Company’s website. The provisions of the Privacy Policy shall take precedence in the event of any conflict or inconsistency between this Agreement and the Privacy Policy.

Articles 43: Amendment of Terms & Conditions

1. The Company may modify this Agreement and other Terms & Conditions without the prior consent of the Renter by the methods provided for in the following paragraph.
2. Modification of this Agreement and other Terms & Conditions made pursuant to the preceding paragraph shall become effective on the effective date posted on our homepage or specified in the appropriate way of notice mentioned in the preceding paragraph.

DISCLAIMER

Terms and conditions are a fundamental part of a legally binding contract and any broken terms can lead to breach of contract. No change is binding on the parties unless mutually agreed in writing by the parties. These Terms and Conditions of rental are subject to revision and change by MKAZ without notice, however, the current Terms and Conditions of rental shall be applicable to an order at the time it is accepted by MKAZ.

All Contents Copyright 2014-2022 for MKAZ Travel Network Sdn Bhd. All Rights Reserved.