TERMS AND CONDITIONS

This Hire Rental Agreement (“Agreement”) is entered into between DA Auto Rent &Travel Sdn. Bhd. (“First Party”), and the person whose name and particulars are as set forth in the “Renter Information” segment of the Appendix A of this Agreement (“Second Party”). The First Party and the Second Party shall hereinafter be jointly referred to as the “Parties”, and individually as a “Party”. WHEREAS:

A. The First Party is the registered proprietor or an authorised representative of the registered proprietor and has been conferred with the right to act on behalf of the registered proprietor pertaining to the Vehicle and this Hire Rental Agreement (hereinafter shall be referred to as the “Agreement”).

B. The Second Party is desirous of hiring the Vehicle, the particulars of which are as set forth in the “Vehicle Information” segment of this Agreement (“Vehicle”), from the First Party, and the First Party has agreed to let the Vehicle to the Second Party, in accordance with the obligations, terms and conditions hereinafter contained in this Agreement.

1.1. The Renter must be a minimum of 18 years of age, with a valid Malaysian driving license or an international driving permit / license which is recognized and valid within Malaysia.

1.2. The Renter shall provide a photocopy of the driver’s driving license and a passport or identity card or shall allow the Company’s representative to make photocopies of the Renter’s driving license and a passport or identity card upon signing of this Agreement.

1.3. The Vehicle shall not be operated by any other person other than the Renter without the written permission of the Company.

1.4. In the event the Renter allows any additional driver(s) to operate the Vehicle, the Renter shall be liable for any damage, fines, summons and/or charges caused by the additional driver(s).

1.5. The Company reserves the right to decline rental to any person(s) who is deemed physically unfit to drive or for any reasons whatsoever.

2.1. The term of this Agreement commences from the Starting Date of Rental and Time to Ending Date of Rental of Time as set forth in the “Vehicle Information” segment of this Agreement (“Rental Period”).

2.2. In the event the Renter wishes to extend the Rental Period, the Renter shall contact the Company to request for such extension.

2.3.The request for the extension of the Rental Period must be given to the Company, 24 hours in advance (or earlier) before the expiry of the Rental Period, whereby the Company has the sole discretion to grant or decline the Renter’s request for an extension.

2.4. In the event the Renter fails to return the Vehicle on the time and date as set forth in this Agreement, the Company shall have the right to charge a penalty fee from the Renter whereby in the event the Vehicle is returned after 6 hours after the expiration of the Rental Period, the Renter will be charged an additional day’s daily rental charge. In the event the Vehicle is returned after the expiry of the Rental Period but before 6 hours after the expiry of the Rental Period, additional rental charges shall be imposed and shall be calculated per additional hour based on the daily applicable rate divided by 6.

3.1. The Renter shall be subjected to a rental charge amounting to the amount as set forth in the Rental Charges segment in this Agreement (“Rental Charges”).

3.2. Any variation, modification or discount to the Rental Charges shall be subject to the approval of the company.

4.1. The Renter will be required to provide a security deposit to the Company in the amount as set forth in this Agreement (“Security Deposit”), to be used in the event of loss or damage to the Vehicle during rental of the Vehicle.

4.2. In the event of damage to the Vehicle, the Company will apply the Security Deposit to defray the costs of any necessary repairs or replacement. If the cost for repair or replacement of damage to the Vehicle exceeds the amount of the Security Deposit, the Renter will be liable to pay the balance of this cost to the Company.

4.3. In the absence of any damage or losses, the Security Deposit shall be returned to the Renter within fourteen (14) days upon the delivery of the Vehicle to the Company and the successful completion of any other required checklist, procedure, check or inspection by the Company.

5.1. The Renter shall remit all payments to the Company in Ringgit Malaysia.

5.2. All transactions by the Renter shall be made to the designated bank account of the Company, whereby the Rental Charges shall be made before the delivery of the Vehicle.

5.3. The Company accepts the following mode of payment such as cash, Mastercard or Visa for credit or debit card, or any other payment method that the Company deems acceptable.

6.1. The Vehicle shall be collected at and returned to the Company’s premise. However, delivery and collection services shall be made available upon request (subject to manpower availability), whereby the delivery and collection charges shall be calculated based on distance and timing of the delivery and collection (if any).

6.2. The Company agrees to deliver the Vehicle to the Renter in good overall condition and without any apparent defects. Any complaints as to its condition desirable to be made to the Company shall be made immediately upon receiving the Vehicle.

6.3. The Renter agrees to return the Vehicle in good overall condition and with all documents, keys and/or accessories to the Company at the Company’s premise or any other location and on the time and date as set forth in this Agreement.

6.4. The Renter shall ensure that the Vehicle is in the same condition as when it was delivered by the Company. Failing which, the Renter will be liable for the cost of restoring the Vehicle to its original condition including but not limited to any costs to remove undesirable odours form the Vehicle.

6.5. Failure to return the Vehicle on the time and date as set forth in this Agreement shall constitute to illegal possession of the Vehicle by the Renter.

6.6. The Company reserves the right to repossess the Vehicle at any time without prior notice at the Renter’s expense if the Vehicle is used in violation of this Agreement.

6.7. These obligations of the Parties set out in this clause shall not be applicable for the Driver Package.

7.1. The Renter shall at all times abide with the Road Transport Act 1987 in respect to its rental and/or usage of the Vehicle.

7.2. In the event the Renter fails to abide with the regulations and laws regarding transportation in Malaysia or any rules or obligations envisaged herein, the Company shall have the right to immobilize the Vehicle and/or terminate this Agreement.

7.3. The Renter shall be responsible on its own costs and expenses for any toll charges, parking fees or tickets incurred and fuel utilized during the Rental Period.

7.4. The Renter shall be accountable for all traffic fines or summons incurred during the Rental Period. The Company reserves the right to charge the Renter for any traffic fines or summons incurred during the Rental Period. Additionally, an RM10 administrative surcharge each case (subject to 6% service tax) shall be applied.

8.1. The Company shall ensure that the Vehicle is handed over to the Renter with a full tank of fuel and the Renter shall ensure that the Vehicle is returned with the same. In the event the Vehicle is returned with less fuel than when it was handed over, the Renter shall be charged for a refill upon return of the Vehicle based on the Company’s fuel tariffs.

9.1. The Renter shall inform the Company of any breakdown, mechanical failure or accident pertaining to the Vehicle as soon as the breakdown, mechanical failure or accident is made known to the Renter.

9.2. The Renter shall call the Company emergency assistance number as stated under Clause 21.1 in this Agreement.

9.3. In the event the Vehicle is required to be repaired and/or towed due to any
breakdown, mechanical failure or accident, the Renter shall only permit the Company or its representative(s) to repair and/or tow the Vehicle.

10.1. The Vehicle may be equipped with a tracking device at any time by the Company.

10.2. Under no circumstances is the Renter allowed to remove the tracking device or tamper with the tracking device.

10.3. Removal or tampering of the tracking device shall be a material breach of this Agreement.

10.4. The Renter hereby acknowledges and irrevocably consents to the Vehicle being tracked to monitor the obligations of the Renter regarding the intended use of the Vehicle as per Clause 12.1

11.1. The Renter shall ensure that the Vehicle shall not be driven into Singapore, Thailand, Brunei and Indonesia. Subsequently, the Vehicle is prohibited from being loaded onto other modes of transportation via sea, river and air for usage from mainland to Langkawi, Tioman, Redang, Pangkor Island or any other islands (“Restricted Access Areas”).

11.2. In the event of the Renter’s non-compliance with Clause 11.1, The Company shall have the right to charge any fines, compounds or charges resulting from such non-compliance and shall have the right to immobilize and repossess the Vehicle without prior notice to the Renter.

12.1. The Renter any Additional Driver(s) shall be prohibited from any of the following acts during the term of this Agreement:

a) To use the Vehicle for transportation business utilizing automobiles or purposes similar thereto without obtaining the written consent of the Company or the permission as required by the Road Transport Act 1987.

b) To assign or sublet the Vehicle or to deposit it for security or any other acts which would infringe on the rights reserved by the Company.

c) To falsify or alter the automobile registration number plate or license number plate of the Vehicle, or to change the original form of the Vehicle by rebuilding or redesigning.

d) To use the Vehicle for any kind of test or competition, or for towing or pushing any other vehicle without obtaining the consent of the Company.

e) To use the Vehicle in violation of laws and regulations or against public order and standards of decency.

f) To drive the Vehicle into Restricted Access Areas as per Clause 11.1.

g) To bring or carry any prohibited good(s) in the Vehicle including but not limited to pirated CDs, drugs or stolen goods.

h) To bring or carry any item(s) in the Vehicle that will discharge any unpleasant odors that could cause discomfort to future users including but not limited to alcohol, durians, pets or materials used in religious practices.

i) To smoke in the Vehicle as the Vehicle is designated as a non-smoking car

13.1. In the event of any accident, theft or loss of the Vehicle, the Renter shall promptly notify the Company.

13.2. The Renter shall lodge a police report pertaining to the accident, theft or loss of the Vehicle within 24 hours after obtaining consent from the Company.

13.3. The Company shall have the right to charge the Renter any cost of any repairs and changes to new original parts in regards to the Vehicle at current market price for items that are damaged, stolen or lost, whereby such cost may be remitted from the Security Deposit.

14.1. The Company shall ensure the Vehicle is regularly maintained and serviced, as well as keeping the Vehicle in good, rentable condition.

14.2. The Renter shall not and shall not allow any third parties to carry out any services, maintenance or repair work on the Vehicle without having obtained the Company’s prior consent.

15.1. The Parties hereby agree to pay respectively, any and all taxes arising from this Agreement in the manner prescribed by the applicable laws of Malaysia now in effect or that may become effective during the term of this Agreement and such taxes may include but not limited to the sales and service taxes (“SST”), other similar governmental impositions and interest and/or penalties related thereto as a result of the sole default of the defaulting Party (but excluding taxes imposed upon each Party’s net income, net worth, capital or employees).

16.1. In the event the rental of the Vehicle is cancelled by the Renter after reservation was made and prior to the start of the Rental Period, it is hereby agreed that:

a) if the cancellation was notified by the Renter to the Company before fourteen (14) days from the start of the Rental Period, the Company shall return the Security Deposit in full to the Renter within fourteen (14) business days from the date of the cancellation;

b) if the cancellation was notified by the Renter to the Company within the period of fourteen (14) days to three (3) days from the start of the Rental Period, the Company will only return an amount equal to half of the Security Deposit to the Renter within fourteen (14) business days from the date of the cancellation; and

c) if the cancellation was notified by the Renter to the Company within the period of three (3) days from the start of the Rental Period, the Security Deposit shall be fully forfeited to the Company;

Whereby it is hereby further agreed that neither Party shall have any further claims in regards to the matter save and except any antecedent claims prior to the cancellation of the rental of the Vehicle (if any).

16.2. In the event the rental of the Vehicle is cancelled and/or was cut short by the Renter during the Rental Period, it is hereby agreed that the Security Deposit shall be fully forfeited to the Company and the Company shall have the sole discretion to convert the Rental Charges payable to the Company to the daily rental charge to be calculated pro-rated on a daily basis from the date of the start of the Rental Period until the date of cancellation,notwithstanding any discounts, promotions or waivers given by the Company on the prior rental.

17.1. The Renter hereby covenants and agrees that they shall fully indemnify the Company against all claims, losses, expenses and/or damages of any kind or nature whatsoever sustained by the other contracting party as a result of breach of any of the warranties, representations, covenants, terms and conditions of this Agreement.

18.1. The Parties shall keep confidential the terms and conditions of this Agreement, unless it is required to disclose with the order of the court of competent jurisdiction or any relevant laws.

18.2.The obligations of the Parties hereto contained in this clause shall survive the termination or expiry of this Agreement.

19.1. The Renter authorizes the Company to collect and use all relevant personal information of the Renter for the enforcement of this Agreement.

19.2. The Company agrees to comply with the Personal Data Protection Act 2010 relating to any Personal Data disclosed by the Renter in regards to this Agreement.

20.1. If any provision of this Agreement becomes illegal, invalid or unenforceable under the laws of Malaysia, the remaining provisions of this Agreement shall not be affected or impaired and shall continue to be in force and binding on the Parties.

21.1. All notices, demands or other communications required or permitted to be given or made hereunder shall be made in writing and delivered by personal service, prepaid registered post, email or facsimile at the address, email address and facsimile number at the following address, whereby the Renter’s address, telephone number, facsimile number shall be as set forth in Renter Information in this Agreement (or to such other address, email address and facsimile number as may be notified by either Party to the other pursuant to this Clause from time to time):

• Address: Unit B-3A-02, Arena Mentari, No.1 Jalan PJS 8/15,
  Dataran Mentari, Bandar Sunway, 46150 Petaling Jaya, Selangor
• Tel : 03-5635 0608/0609
• Fax : 03-5638 6721
• Email : wpadmin@daauto.com.my

22.1. 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.