The Rental Agreement is made between FRAC.my Car Rental Kuching (Owner) and the client (Hirer) whereas:
- The Owner is carrying out the business of car rentals.
- The Owner has the ability to rent out motor vehicles of various models to its customers on a charge agreeable to both parties.
- The Hirer is desirous of renting one motor vehicle from the Owner subject to the terms and conditions hereinafter set forth.
- The Hirer only allowed to use the Car within KUCHING and KOTA SAMARAHAN area only. Hirer must obtain permission or Whatsapp for usage outside KUCHING and KOTA SAMARAHAN.
- If Hirer going to area such as passing or reaching SERIAN or BATU KITANG or BAU or BATANG RAMBUNGAN or ASAJAYA without permission, Owner will take over the car and security deposit will be void.
RATES & PAYMENT TERMS
- The rental charges for the hire of the motor vehicle or its replacement will be paid in advance at the rate agreed upon signing of this contract.
- Number of days involved in the total price is subject to day of hire and day of return of the vehicle
- Should costs outside the owners control increase substantially to affect the price, the Owner will inform the Hirer in advance before adopting the new price.
- Hirer is obligated to pay a refundable security deposit upon arrival.
- Hirer for self drive is obligated to pay the whole contract amount before pick up / commencing contract.
- Hirer for self drive is obligated to bring passport, driver’s licence and a refundable security deposit upon arrival.
- All payments (cheque or cash) should be in favor of EXTRAFAIR company or www.frac.my
- Online reservations can only be made through the website WWW.FRAC.MY or WHATSAPP by following and completing all three steps: pick your car type, choose date and place, leave your information.
- The minimal rental period is 1 day.
- All prices mentioned on the website or whatsapp are temporarily and indicative
- Both parties (Owner and Hirer) will agree on a final price after confirmation of the reservation is confirmed by Whatsapp or email.
- Hirer is free to cancel the reservation at any time until both parties agreed on the final price either by telephone, whatsapp, e-mail or meeting.
- FRAC will not use contact information for purposes other than to provide a professional, personal and best quality car rental service.
DELIVERY & PURPOSE OF HIRE
- The Owner will ensure before handing over possession and control of the motor vehicle to the Hirer that the same is in a fit and roadworthy condition for the intended use. Damages to the vehicle or loss of vehicle accessories will be done at the end of hire period, costs of which will be paid in full by the hirer.
- The Hirer will have the right to use the motor vehicle for lawful daily operations or activities including during weekends, public holidays and at night subject to observing necessary safety and security precautions for the motor vehicle (and the driver).
REPAIRS & MAINTENANCE
- Any damage or loss occurring to the motor vehicle on account of non-compliance with the maintenance/service schedule or other cause attributable to negligence, recklessness, misuse, etc., not subject to insurance cover will be borne and made good by the Hirer.
PICK UP & DROP OFF SERVICE
- Owner offers Hirer the service of pick ups & drops off to and from different locations in and around Kuching City. Costs are variable and will be agreed upon during contact by Owner and Hirer after reservation and before finalizing the car rental contract.
- Hirer is always free to arrange own pick up & drop off when this is not yet arranged in the contract.
- Hirer can change the location of pick up and drop off but no later than 24 hours before pick up/drop off date only by personal contact with an FRAC agent either through telephone, Whatsapp, e-mail or meeting. Owner will then offer a new price on which both parties need to agree before executing the service. When parties cannot come to an agreement, the service is executed as stated in the contract
- Hirer can cancel the pick up and/or drop off service no later than 24 hours before pick up/drop off date only by personal contact with an FRAC agent either through telephone, Whatsapp, e-mail or meeting.
- Owner can cancel pick up and drop off service no later than 24 hours before arranged pick up / drop off date by informing Hirer by e-mail, Skype or telephone
- If Owner can not guarantee a safe pick up / drop off drive due to bad weather conditions or otherwise, Owner can cancel the service at any time by informing Hirer by e-mail, Whatsapp or telephone.
- If Owner or Hirer cancelled the pick up / drop iff service the costs will be refunded 30 days after fulfilling the contract.
AMENDING THE AGREEMENT
- This Agreement can be terminated by giving a notice in writing by either Party to the other.
- Failure to give such notice (under above) will entitle payment by the defaulting party of damages of rental as liquidated damages.
- Any variation of the rental Agreement will be in writing and signed by the parties. All telephone conversations affecting the hirer of the motorcar will be confirmed in writing or by an e-mail.
The rental Agreement will be subject to and governed by Malaysian laws.