SENANG PILIH TOUR SDN. BHD. (201401019638)

HARGA TERMURAH DIJAMIN

Hyundai Starex 11 seaters (2018) automatic

Harga: RM400 per day

CAM Placer Van 18 seaters (2020) manual

Harga: RM500 per day

CAM Placer Van 18 seaters (2014) manual

Harga: RM450 per day

Pick up and Drop off within Klang Valley available at cost (9am-4pm)

Kepuasan Dijamin

Late return* : RM40 an hour

Booking fees* : RM300 (Refundable after 7 working days upon vehicle return)

For weekend (Friday-Sunday) rental enquiry, minimum two days rental applies.

OPTIONAL:

Driver overnight* : RM250 for day rate (renter MUST pay/provide the accommodation and minimum three meals a day for the driver)

Email : c1@prakash.com.my

Phone : 012 5356 345

Cancellation and changes policy: Booking fees will be kept on hold for future booking if cancellation or changes are made prior to 72 hours from the agreed initial booking date. If cancellation or changes are made within 72 hours from the agreed initial booking date, then, the booking fees will be forfeited. Agreed initial booking date will be communicated via email or WhatsApp or SMS. Proof of sent is proof of receipt. Upfront rental fees are required for a total duration of the rental.

Fuel policy: Renter must return the vehicle with the same fuel level or higher as it was picked up initially. Failure would result in deduction from the deposit payment.

In the event of an accident, the renter is liable to pay an excess fee of RM500 or higher (whichever applicable)

*T&C applies

TERMS & CONDITIONS OF RENTAL AGREEMENT:

The Rental Agreement (“Agreement”) is entered into between Senang Pilih Tour Sdn. Bhd. (“SPT”), and the person whose name and particulars are as set forth in the “Renter Information” segment of the Agreement (“Renter”).

The Renter is desirous of hiring the vehicle, the particulars of which are as set forth in the “Vehicle Information” segment of the Agreement (“Rental Vehicle”), from SPT and SPT has agreed to let the Rental Vehicle to the Hirer, subject to the terms and conditions as follows.

1. OWNERSHIP OF THE RENTAL VEHICLE

1.1 The Renter hereby acknowledges that the Rental Vehicle shall at all times remain the property of SPT 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.

2. DISCLAIMER

2.1 Save as otherwise provided in this Agreement, SPT makes no other warranties to the Renter in relation to the Rental Vehicle. To the maximum extent permitted by law, SPT 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.

3. RENTAL & ADDITIONAL CHARGES

3.1 The rental charges for the Rental Vehicle shall be as stipulated in the “Rental Charge” segment of the Agreement (“Rental Charges”).

3.2 Where applicable, the Renter may also be liable to pay any one or more of the following additional charges to SPT:

(a) Delivery Charges: where SPT has been requested by the Renter to deliver the Rental Vehicle to any location other than the SPT’s office from which the Rental Vehicle is hired (“Rental Location”);

(b) Pick-up Charges: Where SPT has been requested by the Renter to collect the Rental Vehicle from any location other than the Rental Location;

(c) Drop-off Charges: Where SPT has been requested by the Renter to collect the Rental Vehicle from any location which is situated in a different city or state from the Rental Location;

(d) Out of Hours Charges: Where SPT, has been requested by the Renter to deliver or collect the Rental Vehicle at a time which is beyond SPT,’s business hours, which is 8:30a.m. to 6:00p.m. (Peninsular Malaysia); 8:00a.m. to 5:00p.m. (East Malaysia) (“Business Hour”); and

(e) Such other charges as may be provided under this Agreement. (each, an “Additional Charge” and collectively, “Additional Charges”)

3.3 The Renter shall promptly pay the Rental Charges and/or Additional Charge(s) before or upon vehicle check-out or on the due date as may be indicated by SPT to the Renter in writing (“Due Date”).

3.4 In the event of any default in the payment of the Rental Charges and/or Additional Charge(s) by the Renter, SPT shall be entitled to impose a late payment interest at the rate of eighteen per centum (18%) per annum on the outstanding Rental Charges and/or Additional Charge(s) (“Late Payment Interest”).

3.5 The Rental Charges and/or Additional Charges shall be paid by way of cash or bank transfer to Senang Pilih Tour Sdn Bhd (Maybank account number 564780169932)

4. TAXATION

4.1 In the event any Goods and Services Tax (“GST”) is imposed by the relevant Malaysian authorities on the Rental Charges, Additional Charges and/or such other charges as may be payable by the Renter to SPT, SPT shall be entitled to charge the Renter such GST, and the Renter hereby agrees to bear the GST.

5. USE OF THE RENTAL VEHICLE

5.1 Designated Driver(s) for the Rental Vehicle:

(a) The Rental Vehicle shall only be driven by the Renter and/or any other person(s) who has been authorized by SPT and added to the Agreement (collectively, the “Designated Drivers”):

i. The Designated Driver(s) shall be between the ages of twenty-one (21) years old to seventy (70) years old. The Renter shall obtain SPT’s prior written consent in the event any of the Designated Driver(s) is below the age of twenty- one (21) years old, or exceeds the age of seventy (70) years old;

ii. The Renter shall obtain SPT’s prior written approval before effecting any changes to the list of Designated Driver(s);

iii. None of the Designated Driver(s) shall have suffered or is suffering from any physical infirmity and/or defective vision or hearing which may impair his/her driving abilities;

iv. None of the Designated Driver(s) shall have been convicted at any time during the past five (5) years for any traffic offences;

v. None of the Designated Driver(s) shall be a probationary license holder;

vi. None of the Designated Driver(s) shall have been refused or cancelled his/her motor insurance policy;

vii. The Designated Driver(s) shall have a valid driving license, or where the Designated Driver is a non-Malaysian citizen, a valid international driving license, for more than two (2) years.

(b) Any wrongful use of the Rental Vehicle in breach of the terms of this Agreement by the Designated Driver(s) shall be deemed as a breach by the Renter.

5.2 The Renter shall:

(a) Ensure that the Rental Vehicle shall not be used:

i. Whilst under the influence of alcohol or drugs;

ii. For any purpose for which it is not expressly designed;

iii. For commercial purpose, including but not limited to carrying passengers or property for hire;

iv. To propel or tow any vehicle or other object;

v. To participate in any race, test or contest;

vi. In any manner whereby the Rental Vehicle will be loaded beyond its permitted capacity;

vii. For any illegal and/or unlawful purposes;

viii. To carry any item(s) that will discharge any unpleasant odors (e.g. pets, durians, salted fish and etc.). Smoking in the Rental Vehicle is also strictly prohibited. The Renter shall be liable to reimburse SPT for all costs incurred to eliminate such odors and the loss of rental days of the Rental Vehicle.

(b) not do or attempt to do any act which may infringe upon the ownership or interests of SPT in the Rental Vehicle or which may affect the policy or policies of insurance on the Rental Vehicle;

(c) 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 SPT:

(d) not remove or interfere with any identification marks or plates affixed to the Rental Vehicle, nor attempt nor permit the same;

(e) 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;

(f) not take or allow the Rental Vehicle to be taken out of Malaysia without the prior written consent of SPT, and in the event such written consent is being given, SPT may impose such terms and conditions as it may deem fit;

(g) bear the 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 any of the Designated Driver(s);

(h) be liable for all missing, stolen or broken parts and/or accessories of the Rental Vehicle as stipulated in the “Vehicle Checklist” form;

(i) be liable for the costs of replacement of any loss car key(s) and/or the costs for the creation of any additional car key(s) for the Rental Vehicle;

(j) look after the Rental Vehicle and ensure that it is properly locked and secured and parked in a safe place when not in use;

(k) be solely responsible at its own costs for the condition and maintenance of the Rental Vehicle as follows:-

i. checking and adjusting as necessary the radiator battery and engine fluid levels of the Rental Vehicle;

ii. cleaning the exterior, interior and upholstery of the Rental Vehicle;

iii. replacing any shattered, broken or splintered windscreens or windows to the Rental Vehicle, unless where the Renter has purchased the “Windscreen Protection Waiver, in which case the Renter shall only be liable to pay the amount as stipulated in the “NW Excess” column for “Windscreen Protection” in the Agreement; and

iv. ensuring that the Rental Vehicle has sufficient engine oil, water, correct tyre pressure.

5.3 Parking & Traffic fines:

(a) The Renter shall be solely liable for all parking fees, traffic fines, penalties or summonses incurred in respect of the Rental Vehicle during the Rental Period (as defined hereinafter below).

(b) SPT shall be entitled to charge against the Renter’s deposit, upon receiving any notifications from the relevant Malaysian authorities for any parking fees, traffic fines, penalties or summonses incurred by the Renter during the Rental Period (as defined hereinafter below), together with an additional administration fee of RM50.00 (subject to the prevailing GST charges).

5.4 The Renter shall defend, indemnify and hold harmless SPT from and against all damages, liabilities, costs, expenses (including, without limitation, reasonable legal fees), claims or judgment that arise out of or results primarily from:

(a) any negligence, omission or willful misconduct of the Renter and/or Designated Driver(s) in the use of the Rental Vehicle; and/or

(b) the Renter’s breach of any of its obligations, duties and/or representations and warranties under this Agreement.

5.5 Repossession of the Rental Vehicle by SPT:

(a) SPT shall be entitled to repossess the Rental Vehicle without sending any notice to the Renter where:

i. The Renter has failed to pay the Rental Charges for more than fourteen (14) days after the Due Date; and/or

ii. There has been a breach in the use of the Rental Vehicle by the Renter, and the Renter has failed to remedy the breach within three (3) days after receiving a written notice from SPT requiring the Renter to remedy the breach. 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 SPT to repossess the Rental Vehicle.

(b) The Renter hereby authorizes SPT 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 SPT to enter any premises for purposes of recovering and repossessing the Rental Vehicle.

(c) The Renter shall reimburse SPT for all costs and expenses incurred in the recovery and repossession of the Rental Vehicle, and shall indemnify SPT against any and all claims which may be brought by any third party against SPT arising out of or resulting from SPT’s recovery or repossession of the Rental Vehicle.

5.6 Save as otherwise provided in this Agreement, SPT shall not be liable to the Renter for:

(a) the loss or damage to any property left, stored, loaded or transported in or upon the Rental Vehicle by the Renter and/or any of the Designated Driver(s) during the Rental Period (as defined hereinafter below). The Renter hereby agrees to release, indemnify and hold SPT harmless from any claims for the loss or damage to such property;

(b) 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 SPT has been advised of the possibility of such claim, loss, demand or damages.

6. SERVICE & MAINTENANCE OF THE RENTAL VEHICLE

6.1 If the Renter experiences any problem with the Rental Vehicle during the Rental Period (as defined hereinafter below) (e.g. due to accident or mechanical failure), the Renter may seek assistance by dialling 012 5356 345.

6.2 The Renter shall not and shall not allow any third party to carry out any service and/or maintenance work on the Rental Vehicle without having obtained SPT’s prior written consent.

7. REPLACEMENT VEHICLE

SPT shall not be obliged to provide any Replacement Vehicle to the Renter.

8 INSURANCE & COLLISION DAMAGE WAIVERS ETC.

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

(a) Limited liability for death or injury to third parties

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 SPT within twenty-four (24) hours from the time of the accident.

9. RENTAL PERIOD

9.1 The rental period for the Rental Vehicle shall commence from the “Check Out Date & Time” and shall end at the “Check In Date & Time”, as stipulated in the Agreement (“Rental Period”).

9.2 If the Renter shall be desirous of continuing with the hiring of the Rental Vehicle after the expiry of the Rental Period, SPT may at its absolute discretion renew the Agreement on terms to be mutually agreed by the Parties, including the extension of any of the optional insurance purchased by the Renter.

9.3 In the event the Renter fails to return the Rental Vehicle to SPT upon the expiry of the Rental Period, the Renter shall be deemed to have agreed to extend the Rental Period, and the Renter shall continue to be liable to pay SPT the Rental Charges in respect of the Rental Vehicle, which shall be calculated on daily basis, commencing from the date immediately after the expiry of the Rental Period, until the date of return of the Rental Vehicle to SPT.

10. TERMINATION OF THE AGREEMENT

10.1 Either Party (“Non-Defaulting Party”) shall be entitled to terminate the Agreement immediately by way of written notification to the other Party (“Defaulting Party”), provided only if:

(a) there has a breach of any of its covenant in this Agreement by the Defaulting Party;

(b) the Non-Defaulting Party has notified the Defaulting Party of the breach by way of a written notice (“Notice of Breach”), and requiring the Defaulting Party to remedy the breach within seven (7) days from the date of the Notice of Breach; and

10.2 Either Party may terminate this Agreement immediately by way of written notice to the other Party in the event of any of the following:

(a) the other Party passes a resolution for its winding up, or a court of competent jurisdiction has made an order for that Party to be wound up or dissolved;

(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other Party;

(d) the other Party is deemed unable to pay its debts in accordance with Section 218(1)(e) of the Companies Act 1965;

(e) the other Party ceases, or threatens to cease, to conduct all, or substantially all of its business.

Where the Renter is an individual, SPT may terminate this Agreement immediately by way of written notice to the Renter in the event of any of the following:

i. the death of the Renter;

ii. the Renter shall have an interim order in bankruptcy proceedings made against him, or has entered into a voluntary arrangement, or suffer the making of a statutory demand or the presentation of a petition for a bankruptcy order

11. CONSEQUENCES OF EXPIRY/ TERMINATION OF THE AGREEMENT

11.1 Upon the expiry or such early termination of the Agreement, the Renter shall:

(a) pay to SPT the following within thirty (30) days from the effective date of expiry/ termination:

i. all arrears of the Rental Charges and/or Additional Charges; and

ii. any other sums which are or become due to SPT or to which SPT is entitled by way of damages under this Agreement;

(b) forthwith return the Rental Vehicle to the Rental Location, or such other location, and at such date and time as may be instructed by SPT in writing (save where SPT has agreed to collect the Rental Vehicle from the Renter).

11.2 Return of the Rental Vehicle:

(a) The Rental Vehicle shall be returned to the agreed location within SPT’s Business Hours. If the Renter returns the Rental Vehicle to the agreed location outside of SPT’s Business Hours, the Renter shall remain fully responsible for the Rental Vehicle until the Rental Vehicle is collected by SPT.

(b) 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). SPT shall be entitled to charge the Renter such reasonable amount as may be necessary to restore the Rental Vehicle to pre-rental condition (“Cleaning Charges”).

(c) The Rental Vehicle is let out with fuel level as specified in the “Vehicle Checklist” form and must be returned the same. The Rental Vehicle shall be filled only with unleaded petrol. In the event the Rental Vehicle is not returned with the specified fuel level, a refuelling service charge, subject to the prevailing GST Charges, as may be determined by SPT, shall be payable by the Renter to SPT.

11.3 The expiry/termination of this Agreement for whatsoever reason shall be without prejudice to the rights of either Party in respect of any antecedent breaches by the other Party.

11.4 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 Clauses 4, 5.4, 5.5 and 5.6 of this Agreement.

12 FORCE MAJEURE

12.1 No Party hereto shall be under any liability to the other Party 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 that Party with reasonable precautions (collectively, the “Force Majeure Events”).

13 PERSONAL DATA PROTECTION

13.1 To the extent that any personal data is received and being processed by the Parties during the course of performing their respective obligations under this Agreement, each of the Parties shall and shall obligate its personnel entrusted with the processing of such personal data to do so in accordance with the applicable laws, and not process personal data in such a way as to cause the other Party to contravene the applicable laws, including but not limited to the Personal Data Protection Act 2010.

14 MISCELLANEOUS

14.1 Entire Agreement. This Agreement constitutes the entire agreement and understanding of the Parties hereto with respect to the subject matter of this Agreement and shall supersede all prior understandings and agreements, whether written or oral, between the Parties with respect to such subject matter.

14.2 Costs. Each Party hereto shall bear its own costs and expenses in respect of the negotiation, preparation and execution of this Agreement. However, the stamp duty payable in respect of this Agreement shall be borne and paid by the Renter.

14.3 Time of the Essence. Time wherever mentioned in this Agreement shall be of the essence in this Agreement.

14.4 Modification. Only an instrument in writing executed by an authorized representative of both the Parties hereto may amend this Agreement.

14.5 Assignment. The Renter shall not be entitled to assign any of its rights and obligations under this Agreement without the prior written consent of SPT. Any purported assignment in contravention of this Clause shall be void.

14.6 Notice. 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 as set out in the 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).

14.7 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.

14.8 Waiver. Failure by either Party 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. Waiver of any right, power, authority, discretion or remedy arising from a breach of this Agreement must be in writing and signed by the Party granting the waiver.

14.9 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.

The End Of Agreement