FT TRAVEL SERVICES AGREEMENT – TERMS AND CONDITIONS

GENERAL DEFINITIONS

In this Agreement the following expression shall have the following meaning:-

  1. FT – means the car rental company, FT Travel Services Sdn. Bhd., shown overleaf, which is, where so indicated, a private limited and licensed car rental company incorporated in Malaysia and having renting of vehicles as the principal activity and having its registered office at Counter No.5, public concourse terminal building, Miri Airport,98000 Miri.
  2. Renter – means the person(s) whose particulars and signature appear on the front page, any other person or entity to which the charges  incurred under this Agreement are to be billed at the expressed direction of the party or person signing the Agreement, both being jointly liable for such charges, any Extra Driver shown on the front page of this Agreement or otherwise permitted to drive the vehicle with FT written consent.
  3. Vehicle – means the motor vehicle described on the front page of this Agreement or other replacement Vehicle provide to the Renter by FT includes all tyres, tools, accessories, equipment, keys and vehicle document in or on the vehicle.
  4. The Rental Period – means the period commencing on the date and time specified on the front page and shall continue for the period and end on the date and time herein stated or on receipt by FT of proper confirmation.
  5. Renting Station – means the FT location shown on the front page of this Agreement. This Rental Agreement is made between FT and the Renter. FT will let the Renter take on rent the Vehicle for the Rental Period described on front page subject to all the terms and conditions appearing on this page and on front page whether printed or written in effect at time and place of rental. In consideration there of the Renter acknowledges and agrees to the following:-
    1. Vehicle is the property of FT and is in good order and mechanical condition. Renter shall drive and maintain Vehicle in a cautious and prudent manner and to return vehicle, together with tyres, spare wheel, tools and jacks and other supplementary accessories and equipment, in the same condition as when received, to the Renting Station where vehicle was rented or at otherwise specified on front page, or sooner, upon demand of FT. If Vehicle has not been returned to FT at such location by due date, FT reserves the right to repossess Vehicle at any time without demand at Renter’s expense. If Vehicle is illegally parked, is used for an illegal purpose or is apparently abandoned Rental waives prior notice, pre-seizure hearing and receipt of judicial process as a prior condition to FT repossession and expressly acknowledges personal liability to pay FT the full amount of costs or damages incurred or sustained by FT as result of the confiscation of the Vehicle by any government or other legal authorities including but not restricted to the cost of the Vehicle, Renter agrees that FT may notify the police or other authorities that the vehicle is stolen or missing and Renter will not hold FT or the civil authorities responsible for their action to repossess Vehicle.
    2. In any event of any vehicle replacement for any reason, FT may, at its option, terminate this agreement and rent any replacement Vehicle under the terms of a new agreement. FT shall provide Renter with a replacement Vehicle of similar seating capacity and performance without any additional charge ONLY in the following circumstances.
      1. Where vehicle is due for its regular inspection and servicing.
      2. Where repairs or replacement of parts is needed due to faults not caused by Renter or for which the Renter is responsible.
      3. Where vehicle is damaged in an accident due solely to the fault of a third party:
        Provided always that the Renter has complied with the terms of these conditions. In any other case, the provision of a replacement Vehicle shall be at the absolute discretion of FT and an additional charge may be levied by FT.
    3. This agreement is a contract only for use of Vehicle. While Vehicle is on rental to Renter, Renter shall no event be or deemed the agent, servant or employee of FT nor is Renter’s conduct under FT’s control, for any purpose or in any manner whatsoever. Renter acknowledges his interest in the Vehicle is as a bailee of FT only and agrees not to part with possession or dispose or assign any right or interest in the Vehicle and not to create any lien on the vehicle for repairs. Any service to or replacement of a part or accessory to Vehicle during RENTAL PERIOD must have FT prior approval. Rental acquires no right other to use Vehicle accordance with this Agreement. FT EXPRESS OR IMPLIED REGARDING VEHICLE AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS OF VEHICLE FOR ANY PARTICULAR PURPOSE. FT shall in no event be responsible to Renter, and Renter shall not make any claim against FT, for damages for delay through breakdown, whilst FT taking all precautions and using best efforts to prevent such happening or accident involving the Vehicle, any indirect, special or consequential damages in connection with or arising out furnishing, performance or use of Vehicle.
    4. Renter expressly acknowledges personal liability to pay FT on demand.
      1. TIME AND MILEAGE CHARGES
        Which charges shall be computed at daily/weekly or other rate set forth on front page. In the calculation of the kilometre charge, the Vehicle’s odometer shall be used to measure or determine the kilometres driving by Renter, but where the odometer is not working order then from the road map distance of the journey travelled plus 30%. The minimum rental charge is one day plus mileage. Charges are computed on the basis of a 24 hours Rental day. Late charges at 1/6 (one-sixth) of the applicable daily rate of rental for each hour exceeding the time for return of Vehicle. A full day rental will be charged if Rental is 6 or more hours late in returning of Vehicle.
      2. REFUELING SERVICE CHARGE
        Vehicle will have a full tank of upon delivery to the Renter and shall be returned to FT with a similarly full tank at the end of Rental Period. In the event the Vehicle is returned with less than a full tank, Renter shall pay for refuelling service at FT estimate from reading the Vehicle’s fuel gauge of determined by the kilometres travelled.
      3. COLLISION DAMAGE WAIVER
        If applicable, computed at daily charge set forth on front page. Daily charge is due for each full or partial Rental Day.
      4. COLLECTION AND VEHICLE RECOVERY EXPENSES
        FT costs, incurred in collecting the charges due from Renter pursuant to this Agreement, or in repossessing Vehicle, or in recovering Vehicle seized by a government authority as a result of Renter’s actions.
      5. FINES AND OTHER EXPENSES
        Renter shall be responsible for and shall indemnify FT against all fines, penalties, forfeitures, court cost, and other expenses that may be assessed against FT but which are due by reason of Renter’s car, custody, control or possession, operation or use of Vehicle, not caused by FT fault, including traffic and parking fines, from the commencement of rental until the return of vehicle to FT.
      6. OTHER CHARGES
        Delivery, collection, repositioning fee, cancellation fee, extra accessories, optional services and any other charges, if applicable, set forth on front page.
      7. ERRORS
        All charges are subject to final audit. If upon final audit an error is found in an earlier calculation, Renter shall pay the corrected charges. The person signing this Agreement and any other person, company or association to whom the person so signing directs that charges be billed shall each be deemed a renter hereunder and shall be jointly and severally liable for the payment of all moneys due or to become due by reason of this agreement. Credit card Renter authorized FT to correct such charges, including changing any charge card invoices signed by Renter, to reflect correct charges, with written notice of correction to Renter.
    5. (I) In the event renter is paying the rental charge in cash, Renter shall on execution of this Agreement pay to FT the full rental cost calculated on the basis of the daily rental charge which is mentioned on front page plus refundable deposit is payable in advance on delivery of Vehicle to Renter. When Vehicle is returned to the location indicated in this Agreement, any additional rental charge which may have been incurred shall become due for immediate payment or will be deducted from the refundable deposit.
    6. (II) In the event Renter is paying the rental charge through the credit card system or other credit arrangement extended to Renter and agreed by FT. Rental shall on execution of this Agreement authorise FT to complete any documentation for such purposes.
    7. The Renter represents and warrants to FT and further acknowledges and agrees.
      1. That to the best of his knowledge and belief no one who will drive the Vehicle suffers from any physical infirmity or uncorrected defective vision or hearing:
      2. That he will declare to FT before taking the Vehicle, particulars of any person who will drive the vehicle and who has:
        1. Been declined required to carry the first portion of any loss, been required to pay an increased premium, had special terms imposed, been refused renewal or had a Policy of Motor insurance premium, had special terms imposed, been refused renewal or had a Policy of Motor insurance cancelled by an insurance Company.
        2. been convicted within the past 5 years of any offence in connection with the Road Traffic Ordinance or any other written law for the time being enforced relating thereto.
      3. that he is over the age of twenty one (21) years, hold a current valid motor vehicle driver’s licence and all necessary licences and permits which is valid for the type of vehicle driver’s licence and all necessary licences and permits which is valid for the type of vehicle he is renting and shall at all times drive Vehicle in a careful and skilful manner. When not in use Renter shall always lock the Vehicle.
      4. That all the particulars and information described on front page are true and correct to the best of Renter’s knowledge and belief.
    8. If vehicle is lost or damage while on rental, whether or not due to Renter’s fault, Renter shall pay FT on demand the amount of such loss or damage at prevailing retail price plus FT related expenses, including loss of use except where such loss or damage to Vehicle arises from:-
      1. THEFT
        If Vehicle is used in accordance with all terms and conditions of this Agreement, Renter is not responsible for theft of Vehicle UNLESS it is left unattended without all doors locked windows up and keys removed
      2. COLLISION
        If Vehicle is used in accordance and Renter has complied with all terms and conditions of this Agreement. Renter’s responsibility for loss of or damage to Vehicle arising collision or rollover or losses is determined as follows: – If renter declines the Collision Damage Waiver at the time of rental by initialling the box labelled CDW DECLINES, Renter’s responsibility is limited to maximum amount set forth on front page. If Renter accepts the Collision Damage Waiver at the time of rental by initialling the box labelled CDW ACCEPTS and pays the additional fee for Collision Damage Waiver commencement of rental. Renter’s responsibility for direct and accidental loss or damage vehicle due to collision shall be limited to the non-waive able excess as stated on the front page.

        COLLISION DAMAGE WAIVER IS FT WAIVER OF RENTER RESPONSIBILITY. IT IS NOT INSURANCE. IF VEHICLE IS USED BY PERSONS OTHER THAN RENTER. JOINT RENTER OR ANY APPROVED EXTRA DRIVER OR ANYONE ELSE IN VIOLATION OF THIS AGREEMENT. RENTER OF JOINT RENTER OR EXTRA DRIVER SHALL BE RESPONSIBLE TO FT FOR ALL LOSS OF OR DAMAGE TO VEHICLE UP TO ITS FULL VALUE, WHETHER OR NOT RENTER HAS ACCEPTED COLLISION DAMAGE WAIVER.

    9. Under the terms and conditions of this Agreement, whether or not Renter accepts CDW. Renter will still be responsible for full loss of or damage to FT if Renter, Joint Renter or any approved Extra Drivers, used the Vehicle for any of following purposes, or under any of following condition, and acknowledges that any such use, operating and driving of Vehicle is PROHIBITED AND WITHOUT FT PERMISSION.
      1. To carry persons or property for a consideration express or implied, including chauffeur driven service.
      2. If vehicle is obtained from FT by giving a fictitious name of false age or address or any other misrepresentation.
      3. Propel or low any Vehicle, trailer or other object.
      4. Participate in any motor sport event, including racing, pace making, rallying, reliability trails and speed testing or any purpose other than domestic and social purpose.
      5. To transport any goods or drugs in violation of customs regulations for the time being enforced in Malaysia, commission of a crime or in such a manner so as to violate any written laws, bye-laws or regulation.
      6. to carry persons other than in the passenger compartment of Vehicle which is permitted by law. This capacity would normally stand as 5 persons including the driver. Under the terms of law, a baby in arms is also regarded as a passenger.
      7. Loading Vehicle beyond its rated capacity.
      8. While under the influence of alcohol or other intoxicants like drugs or narcotics or under any other physical or mental impairment which adversely affects driver’s ability to operate the Vehicle.
      9. Intentionally causing damage to or loss of the Vehicle.
      10. By anyone whose licence is less that 1 year.
      11. By anyone under age 21 years or who is not a qualified licence driver.
      12. By anyone whose driver’s licence has been revoked or suspended even if he or she now possesses a valid driver’s licence.
      13. In an unsafe, reckless, grossly negligent or wanton manner.
        NON-WAIVABLE EXCESS

        1. For the purpose of this clause, the expression*accident* shall mean an event or series of accidents arising out of one cause in connection with the rented vehicle.
        2. This Non-waivable Excess is not covered by CDW (Collision Damage Waiver).
        3. The CDW only covers balance of the cost of repair to the accident vehicle after the deduction of the Non-waivable excess; IF the renter ACCEPTS CDW.
        4. In the event of an accident, if proof of evidence that the third party is at fault can be provided together with a police report made by the render, CDW will fully cover the renter.

        PROHIBITED USE OF VEHICLE VIOLATES THIS AGREEMENT, VOIDS ALL LIABILITY AND OTHER INSURANCE CONVERAGE (WHERE PERMITED BY LAW), MAKES VEHICLE SUBJECT TO IMMEDIATE ECOVERY BY FT. VOIDS C.D.W AND MAKES RENTER RESPONSIBLE FOR ALL LOSS OF OR DAMAGE TO OR CONNECTED WITH VEHICLE REGARDLESS OF CAUSE, INCLUDING BUT NOT LIMITED TO FT EXPENSES, INCLUDING LOSS OF USE.

    10. In the event Vehicle is used in remote country areas on off-roads, unsafe roads or surfaces the following terms and conditions shall apply:-
      1. Renter will be responsible for all tyres damage not attributable to normal wear and tear such as staking, sculling and other abnormal damage.
      2. Renter will be responsible for all suspension, chassis differential, gearbox, wheel any other damage caused by abuse or misuse.
      3. Renter accepts responsibility for the cost of returning the Vehicle FT in event of breakdown or damage, regardless of cause.
    11. FT shall not be under any liability for any loss of or damage to property of Renter or other left stored loaded or transported in or upon rental of Vehicle, any service the premises of FT, or left with any agent or employee of FT at any time or place, prior to, during or after the Vehicle, including any property in any vehicle repossessed in accordance with provisions of this Agreement. Render Joint Renter and Authorised Driver Shall release, indemnity and hold FT, its agents and employees harmless from any claims for loss or damage to such property.
    12. In the event of any accident involving the vehicle. Renter shall safeguard FT and its Insurers under policy by:-
      1. Obtaining the name, identity card numbers, driving licence numbers, addresses and telephone contact. Vehicle registration and road tax numbers of the parties involved and the names, identity card numbers. Address and telephone contact of the witnesses.
      2. Reporting any accident to the police or other proper authority within twenty-four (24) hours from the time of occurrence of the accident (however slight) and shall supply such information, drawings and assistance in connection with accidents as the police may require.
      3. notifying FT IMMEDIATELY and Renter and Joint Renter will cooperate fully with FT in completing FT Accident Report from and complying with all requests of FT to provide assistance in any litigation or investigation and defence of any claim or lawsuit relating to any such accident and authorize FT to obtain from any government authority having jurisdiction there of any litigation issued as a result of any such accident.
      4. Not admitting fault or liability for the accident.
      5. Not giving, without prior consent of FT, any instruction for an repair ot the vehicle or for the replacement of any parts.
      6. Not giving, without prior consent of FT, any permission for towing the Vehicle by any unauthorised towing company. (If the vehicle needs to be towed, contact FT for the arrangement. Vehicle should than be towed to and kept locked at the Police Station ad not at any unauthorised workshop).

      IF RENTER DOES NOT REPORT ACCIDENT TO THE POLICE OR OTHER PROPER AUTHORITY, AND FT WITHIN 24 HOURS OF OCCURRENCE, LIABILITY INSURANCE COVERAGE IS VOID AND FT PROVIDES NO LIABILITY INSURANCE TO RENTER UNDER THIS AGREEMENT.

    13. Renter participates as an insured under an automobile insurance policy. a copy of which is available for inspection by the Renter at the headquarters office of FT. The policy contains unlimited coverage in respect of third party bodily injury or death liability. The policy also contains property damage liability Renter is bound by and agrees to the terms and conditions thereof, if being understood by the Renter that the policy is a standard motor vehicle policy in accordance with the laws of Malaysia.
    14. Without limitation of any general obligations or responsibilities imposed by other provision of this Agreement, Renter shall be solely liable and responsible for all fines, penalties and forfeitures imposed for parking or traffic violations while the Vehicle is held, used, operated, or driven pursuant to this Agreement and agrees to pay or indemnify and hold FT harmless in even FT pays such fines, and penalties on behalf of Renter and to reimburse FT for all its collection and other expenses including Attorney fees relating to the same.
    15. During the Rental Period of this Agreement, the use of Vehicle restricted ONLY within East Malaysia Positively no permission will be given for driving Vehicle into Brunei, Indonesia or Sabah. Renter will be responsible for all consequences if this condition is not complied.
    16. If the Renter affixes a roof rack or other accessory for use on the Vehicle, he shall do so at his own risk and shall release FT from and hold FT Harmless again all or any liability from the use thereof.
    17. All reservations will be confirmed by vehicle category only and not by vehicle make/model within that particular category. if the vehicle or any vehicle ordered by Renter prior to the commencement of the rental is not available. FT reserves the right to replace the same with an alternative Vehicle of similar seating capacity and if such a Vehicle is not available Renter shall be repaid any rental and/or deposit paid. Renter shall have no other claim of any kind whatsoever against FT based upon failure to honour a Vehicle reservation as requested by renter.
    18. This Agreement constitutes the entire Agreement between Renter and FT. Any additional to or alterations of the terms and conditions of this Agreement shall be null and void. The terms and conditions of this Agreement may not waived or modified unless agreed upon in writing signed by FT authorised representative, a Director or Secretary of FT, who has been Expressly authorise to do so by FT.
    19. This Agreement and vehicle cannot be assigned or transferred by Renter at any time whatsoever and Renter remains responsible regardless of any attempted assignment.
    20. This Agreement shall be governed by and construed in accordance with the laws of Malaysia and Renter hereby submits to the jurisdiction of the courts of Malaysia on any disputes which may arise out of or in connection with the Rental Agreement under these Conditions.
    21. If any provision of this Agreement is prohibited by law, it shall not affect the remaining provisions.
    22. In addition, Renter shall be bound by these terms and conditions in relation to any extension of the Rental Period agreed by FT, or in respect of any replacement Vehicle rental in lieu of the Vehicle.

 

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