The Thrifty Rental Agreement

This Rental Agreement is made BETWEEN SIME DARBY RENT-A-CAR SDN BHD, the Thrifty Licensee in Malaysia, on the one part (hereinafter called the “Owner”) and the party whose particulars and signature appear on the reverse side (hereinafter called the “Renter”) of the other part in respect of the rental of the vehicle described on the reverse side (hereinafter called the “Vehicle”) and subject to all the terms and conditions appearing on this page and on the reverse side here of whether printed or written. The Renter acknowledge and agrees as follows:

  1. RESPONSIBILITY FOR PAYMENT
    The Renter includes any other party to whom the charges incurred as billed at the expressed direction of the party or person signing this Agreement, (with Owner’s consent), both being jointly and severally liable for such charges.
  2. VEHICLE REPAIRS/WARRANTY DISCLAIMER
    Vehicle is Owner’s property. This Agreement is a contract for use of the Rented vehicle only. While Vehicle is on rental to Renter. Renter is not Owner’s agent for any purpose. Any service to or replacement of a part or accessory in Vehicle during the rental must have Owner’s prior approval. Renter acquires no right other than the right to use Vehicle in accordance with Agreement. OWNER MAKES NO WARRANTY OF ANY KIND, NATURE OR DESCRIPTION, EXPRESSEDOR IMPLIED AS TO THE MERCHANTABILITY OF FITNESS FOR ANY PARTICULAR PURPOSE OF ANY VEHICLE COVERED BY THIS AGREEMENT. The Renter shall not make any claim against Owner for damages for delay through breakdown or accident involving the Vehicle and shall indemnity the Owner for all damages payable by Owner as a result of such claims.
  3. RESPONSIBILITY FOR VEHICLE CONDITION/RESPOSSESSION
    1. At the expiration or termination of the rental period Renter shall, unless instructed otherwise by the Owner, remove at his own cost all accessories (if any) affixed by the Renter and shall deliver the Vehicle to the Owner at such address as the Owner on demand for all costs of restoring the Vehicle to such good order and condition.
    2. If Vehicle has not been returned to such location on the due date, but in no event more than 30 days after commencement of Rental, and Owner thereafter delivers or mails to Renter at an address set forth on reverse side demand to return the Vehicle to Owner at such location Owner may repossess Vehicle at any time thereafter at Renter’s expenses. Owner reserves the right to terminate rental of vehicle at any time without notice. Renter waives prior notice, pre-seizure hearing and judicial process as prior condition Owner’s repossession and expressly acknowledge personal liability to pay the Owner as a result of the confiscation of the Vehicle by any government or other legal authorities including but not restricted to the cost of the Vehicle.
  4. LOSS OR DAMAGE TO VEHICLE/LIABILITY REDUCTION OPTION (LRO)
    1. Subject to Clause 4.2 herein below, regardless of whether the Renter was at fault, the Renter shall be responsible for any and all loss of or damages to the vehicle including the loss or damages suffered by the Owner resulting from the inability to use the Vehicle or let the same on hire and shall pay to the Owner on demand the amount of such loss and damages.
    2. If the Renter accepts either:-
      1. LRO (by initiating in the “Accepts LRO” Box on the reverse side herein), and pays the additional fee as specified by the Owner dependent on the vehicle make and model for LRO at the commencement of this Agreement and provided that the Renter makes available to the Owner a police report made within 24 hour from time the event causing the loss or damage took place and provided further that the Renter has complied with all the terms of this Agreement.
        The Renter’s liability under such LRO for loss or damages subject to clause 4.2.1, 4.3 and 4.4 shall be limited to RM2,200 per vehicle for vehicles in category A to K and RM5,300 per vehicle for vehicle in category W to Z; OR
      2. Super LRO (by initiating in the “Accepts Super LRO” Box on the reverse side herein) and pays the additional fee for LRO at the commencement of this Agreement and provided that the time the event causing the loss or damage took place and provided further that the Renter has complied with all the term of this Agreement, the Renter shall not be liable for such aforesaid loss or damage subject always to Clauses 4.2.2, 4.3 and 4.4.
    3. For the avoidance of doubt, LRO and Super LRO does not apply to and the Renter is always responsible for:-
      1. the cost of rectifying any tyre damage not attributable to normal wear and tear;
      2. accessories missing from the Vehicle;
      3. the cost of repairing undercarriage or under body damage unless it can be attributed to a collision with other vehicle, the liability of which is limited under LRO or the Super LRO, as the case maybe;
      4. Damage resulting from flood, fire , landside and riot;
      5. Loss of vehicle due to the Hire’s act, omission and/or negligence.
    4. IF THE RENTER:
      1. PERMITS THE USE OF THE VEHICLE BY PERSONS OTHER THAN THE RENTER OR AUTHORISED OPERATOR;OR
      2. IS IN BREACH OF ANY OF THE TERMS OF THIS AGREEMENT; OR
      3. USES OR IF THE VEHICLE IS USED BY ANY PERSON OTHER THAN THE RENTER AND/OR THE AUTHORISED OPERATEOR, OFF A PAVED ROAD AND OR IN RECKLESS ABUSIVE OR WANTON MANNER; OR
      4. MISUSES OR IF THE VEHICLE IS MISUSED BY ANY PERSON; THEN THE RENTER AND THE AUTHORISED OPERATOR SHALL BE LIABLE FOR ANY AND ALL LOSSES OR DAMAGE TO THE VEHICLE INCLUDING THE LOSS OR DAMAGE SUFFERED BY THE OWNER RESULTING FROM THE INABILIBITY TO USE THE VEHICLE AND/OR LET THE SAME ON HIRE REGARDLESS OF WHETHER THE RENTER HAS ACCEPTED THE LRO AS THE CASE MAYBE.
  5. PAYMENT OF CHARGES
    All charges and other amounts billed pursuant to this Agreement are payable in cash by Renter at conclusion of rental, or if not computed at that time, then upon a demand mailed to Renter. If a Thrifty Credit Card or an Air Travel Credit Card is used to charge the rental then the charges and amount are payable upon Renter’s receipt of statement or invoice. Charges and other amounts billed under other Credit Card acceptable to Owner are payable in accordance with the terms of the card issuer’s or Thrifty statement or invoice. The Owner shall be entitled to impose a service and administrative charge at the rate of two percent (2%) per month on any hire charges remaining unpaid after the due date, such charge shall run from day to day before as well as after judgement until full payment thereof but without prejudice to the Owner’s other rights hereunder against the Renter. The Owner reserves the right to also impose a late payment charge of RM50.00 should the charges remain unpaid after due date.
  6. COMPUTATION OF CHARGES
    Except as provided in paragraph 5, Renter shall pay Owner on demand the sum of:-

    1. TIME AND KILOMETRE CHARGES
      Which charges shall be computed at the rate shown in this Agreement (Kilometres to be determined by reading factory installed odometer).ALL TOURING RATE TERMS AND CONDITIONS MUST BE COMPLIED WITH OR CUSTOMER SHALL BE CHARGED IN ACCORDANCE WITH OWNERS GASOLINE INCLUDED TIME AND MILEAGE RATES IF APPLICABLE. Where Vehicle is not returned to rental location, Renter shall also be responsible for payment of drop-off charges where applicable in accordance with the current copy of rate brochure available from the rental location.
    2. REFUELING SERVICE CHARGES
      The Vehicle will have a full tank of premium grand petrol or diesel whichever is applicable upon deliver to the Renter and shall be returned by the Renter at the end of the period with a similarly full tank of petrol or diesel whichever is applicable. In the event the Vehicle is returned with less than a full tank of petrol or diesel Renter shall pay the Owner the cost of topping up the petrol or diesel determined by the Owner as if the Renter had purchased the petrol or diesel from the Owner.
    3. LRO, SUPER LRO AND OTHER CHARGES
      In accordance with the Owner’s current brochure available, if applicable.
    4. PERSONAL ACCIDENT INSURANCE CHARGES
      In accordance with the Owner’s current brochure available, if applicable.
    5. TAXES
      Applicable sales, use and excise taxes, and any amount charged by Owner as reimbursement for taxed paid.
    6. COLLECTION AND VEHICLE RECOVERY EXPENSES
      Owner’s costs including reasonable attorney’s fees, incurred in collecting the charges due from Renter pursuant to this Agreement or in recovering Vehicle which has been abandoned by Renter or seized by a government authority as a result of Renter’s action.
    7. FINES AND OTHER EXPENSES
      All fines, penalties, forfeitures, court costs and other expenses that may be assessed against Owner which are due by reason of Renter’s possession or use of Vehicle. The Owner is entitle to charge and additional administrative fee of RM50.00 over and above any fine, penalty cost or expenses for any violation arising from Renter’s use of the Vehicle.
    8. ERRORS
      All charges are subject to final audit. If upon final audit and error is discovered in connection with any charges, Renter authorizes Owner to adjust such charges including any charge, card invoices signed by Renter to reflect the correct charges.
  7. NO LIABILITY FOR LOSS OR DAMAGE TO PROPERTY
    Owner is not responsible for loss or damages to any property left, stored, loaded or transported by Renter or any other person in or upon rental Vehicle, any service Vehicle, the premises of Owner, or left with any agent or employee of Owner at any time or place, prior to, during or after the rental of the Vehicle, including any property in any Vehicle repossessed in accordance with the provisions of this Agreement. Renter and Authorised Operator shall release, indemnify and hold Owner, its agents and employees harmless from any such claims for loss or damage to such property.
  8. PROHIBITED USES OF VEHICLE
    1. The Vehicle shall not be used:
      1. To carry persons or property for hire
      2. To propel or tow any vehicle, trailer or other object.
      3. To participate in any race, test or contest or any purpose other than domestic and social purposes.
      4. For any illegal purposes.
      5. To instruct an unlicensed person in the operation of the Vehicle
      6. To obtain the Vehicle from Owner by fraud or misrepresentation.
      7. To carry person other than in the passenger compartment of vehicle.
      8. In any manner whereby the Vehicle will be loaded beyond its rated/permitted capacity.
      9. By the Renter, the Authorised Operator or any other persons under the influence of any drug or intoxicating liquid or substances
    2. In addition to and not in derogation of the above provisions, the following shall apply;-
      1. The Vehicle shall not be driven by any person other than the Renter and the Aithorised Operator.
      2. The Renter and the Authorised Operator must be between 21 to 75 years old for normal car categories and 25 to 65 years old for luxury car categories during the Rental Period. The Renter hereby declares that neither the Renter nor the
        Authorised Operator will continue to use the Vehicle upon attaining the age mentioned respectively.
      3. The Renter further declares and warrants that the information furnished by him to the Owner, his servant or agent (Whether oral or in writing) including that contained herein is true and accurate and not false nor misleading.
  9. INSURANCE COVERAGE
    1. The Vehicle is insured under a standard motor vehicle insurance policy in accordance with legislation governing the use of the Vehicle in Malaysia and Singapore covering liability of the renter and the Authorised Operator, in respect of third party injury or death and passenger risk liability. The Renter agrees to be bound by the terms and conditions of the said policy, a copy of which is available for inspection at the renting location.
    2. However, Personal Accident coverage for both passenger and driver could be extended on request with additional premium.
    3. the Renter will indemnify and hold harmless Owner from and against all loss liability, costs and expenses sustained or incurred by Owner, from the acts or omissions of Renter and arising from the violation by the Renter of this agreement or the laws of Malaysia or Singapore.
    4. The Renter agrees to protect the interest of the Owner and the insurance company in the event of accident by:
      1. Obtaining names and address of all parties involve and of witnesses.
      2. Not admitting liability or guilt without the prior consent of the Owner.
      3. Not abandoning the Vehicle without adequate provision for safeguarding and securing the same.
      4. Giving a detailed report including diagram even in cases of slight damage within 24 hours to the nearest police station.
      5. Notifying the Owner insurers immediately of such accidents and submitting a duly completed Motor Accident Report Form.
      6. Delivering correspondence, Writs or documents of any kind received by the Renter or Authorised Operator relating to any accident involving the Vehicle while rented under this Agreement. The Renter and Authorised Operator shall cooperates fully with the Owner in the investigation and defence of any claim prosecution or suit.
  10. PREVIOUS INSURANCE POLICIES
    The Renter declares that no Company or Underwriter in connection with the issuance of motor insurance for the Renter has at any time:

    1. Declined any proposal;
    2. Refused to renew any policy;
    3. To carry the first portion of any loss;
    4. Required an increase in premium or imposed special condition; and
    5. Cancelled any policy
  11. REPLACEMENT VEHICLE
    IF the Vehicle or any Vehicle ordered by the Renter prior to the commencement of the rental is not available, the Owner shall have the right to replace the same with an alternative Vehicle of similar seating capacity and if such a Vehicle is not available Rental shall be repaid any rental and/or deposit paid. Renter shall have no other claim on any kind whatsoever against the Owner.
  12. ROOF RACK/ADDITIONAL ACCESSORIES
    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 the Owner from and hold the Owner harmless against all or any liability damages claims or expenses arising directly or indirectly from the use thereof.
  13. ASSIGNMENT
    This Agreement and the Vehicle shall not be assigned or transferred by Renter at any time whatsoever.
  14. WAIVER/MODIFICATION OF TERMS
    1. No term or condition of this Agreement may be waived or modified except in writing signed by Owner’s authorized representative or by an officer of Thrifty System,Inc. who has been expressly authorized to do so by Owner.
    2. No forbearance, indulgence or relaxation on the part of the Owner shown or granted to the Renter in enforcing any of the terms or conditions herein shall in any way diminish, restrict or prejudice the rights or powers of the Owner pursuant to this Rental Agreement or operate as or be deemed to be a waiver of any breach of the terms and conditions herein on the part of the Renter.
  15. LIABILITY OF OWNER
    Owner shall in no event be liable for any indirect special or consequential damages in connection with or arising out of the rental, performance or use of the Vehicle including any claims based upon failure to honour a Vehicle reservation as requested by Renter.
  16. LAWS
    This Agreement shall be governed by and construed in accordance with the laws of Malaysia and the parties shall submit to the Courts of Malaysia in the event of any dispute or difference between them.
  17. ENTIRE AGREEMENT
    This Agreement constitutes the entire agreement between the Owner and the Renter.