Terms and Conditions

Interpretation

In these Terms, the following expressions have the following meanings:

"Company", "we", "us" and "our" means KSSK CAR RENTAL, a business registered in Malaysia under registration number 202203133947 (KT0522994-T), whose address for correspondence is F-00-02 Blok F, Pangsapuri Mawar Jaya, Jalan KP4/4, Persiaran Kota Perdana, Pusat Bandar Putra Permai, 43300 Seri Kembangan, Selangor.

"Customer", "you" and "your" means the person who makes a Booking and in whose name the Vehicle is rented.

"Booking" means a request to rent a Vehicle made through the Website and accepted by the Company as set out below.

"Rental Agreement" means the rental agreement signed by the Customer at the time the Vehicle is handed over.

"Rental Period" means the period beginning when the Vehicle is handed over to the Customer and ending when it is returned to the Company or its authorised representative.

"Vehicle" means the motor vehicle supplied by the Company under a Booking, together with its keys, documents, accessories and equipment.

"Website" means ksskcarrental.com and any of its sub-domains.

Headings are for convenience only and do not affect the interpretation of these Terms.

References to a sum in "RM" are references to Malaysian Ringgit. All charges stated in these Terms are exclusive of any tax that may be imposed by law.

Words importing the singular include the plural and vice versa, and words importing one gender include every gender.

The Contracting Party

Vehicles booked through the Website are supplied by the Company. The Company is the Customer's counterparty for every Booking, and no other person is a party to the contract formed under these Terms.

Written correspondence should be addressed to sales@ksskcarrental.com. The Company's bookings line (016-316 9969) and corporate line (016-711 4991) are published in the footer of every page of the Website.

The Company has rented vehicles in Malaysia since 2022 to private, corporate and international customers.

Application of these Terms

These Terms govern every Booking made through the Website and form a binding contract between the Company and the Customer.

By making a Booking the Customer confirms that the Customer has read, understood and accepted these Terms.

The Rental Agreement governs the conduct of the rental itself. Where any provision of the Rental Agreement conflicts with these Terms, the Rental Agreement prevails to the extent of the conflict.

These Terms apply to the exclusion of any other terms the Customer seeks to impose or incorporate, whether by purchase order, correspondence or otherwise.

Formation of the Booking and Verification

A Booking is created when the Customer uploads the identification documents required below, and not at the point of searching, selecting a Vehicle or requesting a quotation.

No Vehicle is reserved and no payment is taken until the Company has verified those documents. The Company is not obliged to accept any Booking and may decline one without giving reasons.

The Customer must supply photographs of the front and reverse of the Customer's identity card and driving licence. These documents are used solely to verify that the Customer is the licensed driver for the Booking, are stored securely, and are accessible only to the Company's verification personnel.

The Customer warrants that all information supplied in connection with a Booking is true, accurate and complete. The Company may terminate a Booking or a rental in progress if it transpires that any such information was false or misleading.

Driver Eligibility

A driver must be between 23 and 65 years of age and must hold a full driving licence. Probationary licences are not accepted.

A driving licence issued outside Malaysia is accepted for a period of up to three months from the driver's entry into Malaysia, provided that the licence is written in English.

No person other than the Customer may drive the Vehicle unless that person has been registered with the Company and verified before the Vehicle is handed over. The charge for each additional driver is RM10 per driver per day.

Permitting a person who is not registered as required above to drive the Vehicle prejudices the insurance cover on the Vehicle. Where this occurs, a penalty of not less than RM500 applies, and the Customer remains liable for all loss arising.

Rental Period and Minimum Hire

The minimum rental period is two days. Shorter periods may be arranged by agreement with the Company.

Retention of the Vehicle beyond the agreed return time is charged by the day and not by the hour. A period exceeding six hours beyond the agreed return time is charged as a further full day.

Rates and Charges

Daily, weekly and monthly rates are published for each Vehicle on the Website.

A rental is billed at the best applicable rate for its duration. A rental of one month and one week is charged as one monthly rate plus one weekly rate, and not at the daily rate.

All charges payable under these Terms are in addition to the rental rate unless expressly stated otherwise.

Optional Extras

Extras are selected on the booking form after the Vehicle and the dates have been chosen. Every extra selected is added to the Customer's total and displayed before payment is requested. Extras must be requested at the time of booking, as the Vehicle is prepared before it leaves the Company's premises.

A child seat is charged at RM20 per day on every Vehicle and is subject to availability. It is suitable for children aged one to four years and up to 15kg.

A Touch n Go card is charged at RM20 for the rental. That charge covers the card, the handling and the service, and the card remains the property of the Customer at the end of the Rental Period.

An additional driver is charged at RM10 per driver per day. Each additional driver must be registered before handover and must satisfy the same age and licence conditions as the Customer. The additional driver's original licence must be produced on the day of handover.

A chauffeur is charged at RM400 for an eight-hour day between 08:00 and 17:00. Hours worked beyond that period are charged at RM40 per hour. Where the driver is required to remain overnight away from base, a charge of RM200 per night applies. Tolls and parking are not included in the chauffeur charge; they are calculated after the rental and added to the Customer's account rather than charged at the time of booking.

Payment

Payment is taken online through Billplz once the Customer's documents have been verified. The Company accepts FPX online banking and Visa and Mastercard.

The Company does not see or store the Customer's card details.

The Company is not obliged to hand over the Vehicle until all sums due in respect of the Booking, including the security deposit, have been received in cleared funds.

Security Deposit

A security deposit is charged together with the rental and is refunded within 7 to 14 working days of the Vehicle being returned, subject to inspection. Any deduction from the deposit is itemised and explained to the Customer in writing.

Deposits range from RM200 to RM500 depending on the Vehicle. The amount applicable to a particular Vehicle is stated on that Vehicle's page in the specification table, and again in the breakdown presented before payment.

On monthly and yearly rentals the security deposit is one month of the rental fee, charged in addition to the first month.

The security deposit does not limit the Customer's liability. Where the sums for which the Customer is liable exceed the deposit, the Customer remains liable for the balance.

Refunds

Refunds are made through Billplz, being the provider that received the original payment. Billplz remits a refund as a transfer to a Malaysian bank account. The Company will therefore request the name of the bank, the account number and the name in which the account is held.

A refund cannot be returned to a payment card, and an online banking payment cannot be reversed.

Refunds are made only to an account held in the name of the person who made the Booking. Where the account is held in another name, the Customer must inform the Company before the refund is initiated, failing which the transfer will be rejected.

Insurance, Damage and Excess

Every Vehicle is covered by a standard Malaysian motor insurance policy. That cover does not mean that damage is without cost to the Customer.

Each Vehicle falls within a damage waiver group, identified by the daily price of the Collision Damage Waiver for that Vehicle: Group A and Group B at RM20 per day, Group C at RM30 per day and Group D at RM40 per day. The group applicable to a Vehicle is stated on the booking form at the point the Waiver is offered. Where the Vehicle is damaged, the Customer is responsible for the insurance excess, which is up to RM5,000 on a Group A or Group B Vehicle and up to RM10,000 on a Group C or Group D Vehicle.

The Customer may reduce that liability by purchasing the optional Collision Damage Waiver, which is charged at the daily price for the group into which the Vehicle falls. The Waiver reduces the excess to RM500 on a Group A or Group B Vehicle and to RM1,000 on a Group C or Group D Vehicle. The price applicable to the Vehicle chosen is displayed on the booking form at the point of selection. The Collision Damage Waiver must be purchased at the time of booking and cannot be added afterwards.

Neither the insurance policy nor the Collision Damage Waiver covers every circumstance. Both are void in the event of careless driving, negligence, illegal use, or use of the Vehicle for a purpose for which it is not intended. Neither covers tyre punctures or blowouts, misfuelling, a discharged battery caused by equipment being left switched on, or the loss of or damage to the Vehicle's accessories.

Damage to the underside, the windscreen and the roof of the Vehicle is at the Customer's own risk at all times.

Taking the Vehicle onto unsealed or unpaved roads voids both the insurance policy and the Collision Damage Waiver in their entirety.

Where the Customer has not purchased the Collision Damage Waiver and is involved in an accident for which the Customer is not at fault, an administrative fee remains payable of up to RM1,000 on a Group A or Group B Vehicle, RM2,000 on a Group C Vehicle and RM4,000 on a Group D Vehicle.

Where the Company is unable to recover its costs from the other party to an incident, the Customer remains responsible for the excess and the related costs, assessed against the documentation for that incident.

Delivery and Collection

Delivery within five kilometres of the Company's base is provided at no charge. Beyond five kilometres a charge of RM1.50 per kilometre applies, measured from the Company's base.

Delivery and collection are separate journeys and the charge above applies to each of them. The Company calculates the amount and notifies the Customer before any payment is taken.

Vehicles are delivered and collected between 09:00 and 19:00, seven days a week. No timing surcharge applies between 09:00 and 17:00. A surcharge of RM30 applies to each journey falling between 17:00 and 19:00, and to any journey before 09:00 arranged by agreement.

The Company delivers across the Klang Valley, including Seri Kembangan, Serdang, Balakong, Puchong, Sri Petaling, Bukit Jalil, Cyberjaya, Putrajaya, Kajang, Bangi, Cheras, Subang Jaya, Petaling Jaya, Shah Alam, Ampang, and Kuala Lumpur, and delivers to and collects from KLIA, klia2, and Subang Airport.

Collection of the Vehicle

The Vehicle may be collected only by the person who made the Booking and whose identity card or passport and driving licence have been verified by the Company.

Where the Vehicle is to be collected by another person, the Customer must notify the Company in writing in advance so that the Company may verify that person's identification. Absent such verification the Company will not hand over the Vehicle, and the Booking may be treated as cancelled.

The Customer must produce the original identity card or passport and the original driving licence at handover. The Company may also require evidence of the Customer's home or business address.

The Customer must inspect the Vehicle with the Company's representative before accepting it, and must identify any existing damage or missing item at that time. Once the Vehicle has been accepted, any damage or deficiency subsequently identified is deemed to have arisen during the Rental Period.

Mileage

Each rental includes 200 kilometres per day. Distance travelled beyond that allowance is charged per kilometre at a rate that depends on the Vehicle and is confirmed to the Customer at the time of booking.

On rentals of three days or more, Group A and Group B Vehicles are assessed on a fair usage basis against the journey the Customer has described, rather than against a strict daily allowance.

Monthly rentals are subject to a limit of 5,000 kilometres.

Return, Extension and Late Return

A Customer wishing to extend the Rental Period, or to return the Vehicle earlier or later than agreed, must notify the Company at least twelve hours before the agreed return time and in no event later than six hours before it. That notice period is required in order to reschedule the subsequent Booking on the Vehicle.

Where the return time changes without the notice required above, the Company may charge up to twice the prevailing rate for the additional period, the Vehicle ordinarily having been promised to another customer on that day.

Cancellation

Cancellation requests are submitted through the Manage Booking facility on the Website using the Customer's booking reference and telephone number.

Each request is considered individually and the Company responds to the Customer directly.

Fuel, Tolls and Traffic Offences

Vehicles are ordinarily supplied with a full fuel tank and must be returned with a full tank. Where a Vehicle is handed over with less than a full tank, it must be returned at the level recorded on the handover form.

A refuelling surcharge of up to RM300 applies where the Vehicle is returned below the required level.

Tolls incurred and traffic offences committed during the Rental Period remain the responsibility of the Customer.

Care of the Vehicle

The Customer must remove all refuse from the Vehicle before returning it. A Vehicle returned in a soiled condition, or carrying an odour, is subject to a cleaning charge of up to RM500.

Smoking in the Vehicle and the carriage of animals in the Vehicle are prohibited. Either gives rise to a cleaning charge of RM500.

Traffic and parking summonses issued during the Rental Period are the responsibility of the Customer. The Company passes each summons to the Customer upon receipt. Where a summons remains unpaid after the period allowed by the Company, an administrative charge of RM300 is added.

Use of the Vehicle for any criminal purpose renders the Customer liable for the full value of the Vehicle.

On long-term rentals the Customer must contact the Company when the Vehicle becomes due for scheduled servicing. Where the service schedule is not observed, the Customer is responsible for any repair arising from that failure.

Accidents, Damage and Theft

The Customer must notify the Company immediately if the Vehicle is involved in an accident, is damaged, or is stolen. The Customer must not arrange repairs.

A police report must be lodged within 24 hours of the accident, or of the Customer becoming aware that the Vehicle is missing. The report must be obtained in writing and a copy provided to the Company.

Early Termination by the Company

The Company may terminate a rental immediately and without notice where the Vehicle is being misused, including where it is driven by a person who is not registered on the Booking, driven recklessly, used for an unlawful purpose, or not maintained in the manner these Terms require.

On termination under the paragraph above the Vehicle must be returned to the location the Company directs, and the Customer is responsible for the costs arising, including damage, fines, towing and the bookings lost while the Vehicle is off the road.

The security deposit is applied towards those costs and the Company may pursue the Customer for any balance.

Outstanding Sums and Recovery

Where sums remain outstanding after a rental has ended, the Company may disclose the Customer's details to its legal representatives, to a debt recovery agency, and to credit reporting agencies including CTOS, as well as to the enforcement authorities where required by law.

The Company's Privacy Policy records the same position.

Limitation of Liability

Nothing in these Terms excludes or limits the Company's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

Subject to the paragraph above, the Company is not liable to the Customer for any loss of profit, loss of business, loss of revenue, loss of anticipated saving, loss of opportunity, or any indirect or consequential loss, however arising.

Subject to the paragraph above, the Company's total liability arising out of or in connection with a Booking, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the total rental charges paid by the Customer for that Booking.

The Company is not liable for property left in the Vehicle, nor for any loss the Customer suffers as a result of a mechanical failure or a breakdown, save to the extent that such failure arises from the Company's negligence.

The Company does not warrant that the Website will be available uninterrupted or free from error.

Indemnity

The Customer indemnifies the Company against all claims, demands, proceedings, losses, damages, costs and expenses (including legal costs on a full indemnity basis) suffered or incurred by the Company arising out of or in connection with the Customer's use of the Vehicle, any breach of these Terms, or any act or omission of any person permitted by the Customer to drive or occupy the Vehicle.

Force Majeure

The Company is not in breach of these Terms, nor liable for any delay in performing or failure to perform any of its obligations, where that delay or failure results from an event beyond its reasonable control, including act of God, flood, fire, epidemic or pandemic, civil disorder, industrial action, failure of a public utility or telecommunications network, or an act or order of government.

Where such an event prevents the Company from supplying a Vehicle, the Company will offer a comparable Vehicle where one is available or, failing that, refund the sums paid for the affected Booking as set out under Refunds above.

Personal Data

The Company processes the Customer's personal data in accordance with the Personal Data Protection Act 2010 and with the Company's Privacy Policy, which is published on the Website and forms part of the Customer's agreement with the Company.

Identification documents supplied when a Booking is made are retained and disposed of in accordance with the retention periods stated in the Privacy Policy.

Variation

The Company may amend these Terms from time to time. The version published on the Website at the time a Booking is made governs that Booking, and a subsequent amendment does not alter a Booking already accepted.

Severability

Where any provision of these Terms is held to be invalid, unlawful or unenforceable, that provision is severed and the remaining provisions continue in full force and effect.

Entire Agreement

These Terms, the Privacy Policy and the Rental Agreement together constitute the entire agreement between the Company and the Customer in respect of a Booking, and supersede all prior discussions, representations and understandings.

The Customer acknowledges that in entering into that agreement it does not rely on any statement, representation or assurance that is not set out in those documents.

General

The Customer may not assign or transfer any of its rights or obligations under these Terms without the Company's prior written consent.

No failure or delay by the Company in exercising a right or remedy constitutes a waiver of that or any other right or remedy.

A person who is not a party to these Terms has no right to enforce any of its provisions.

Notices to the Company must be sent to sales@ksskcarrental.com. Notices to the Customer are sent to the email address or telephone number given at the time of booking.

Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them, their subject matter or their formation, whether contractual or non-contractual, are governed by and construed in accordance with the laws of Malaysia.

The parties submit to the exclusive jurisdiction of the courts of Kuala Lumpur, Malaysia.

Language

These Terms may be published in English and in Bahasa Malaysia. Where there is any inconsistency between the two versions, the English version prevails.