car rental TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ THIS PROVISION CAREFULLY.
1. Application of Agreement
1.1. The Car Hire Agreement (“Agreement“) is entered between MJ Adventure Travel Sdn. Bhd. (“MJAT“, “we“, or “us“) and the person whose name and particulars are as set forth in the “Renter Information” segment of the Car Hire Agreement (“Renter“, “Driver“, or “you“) (collectively known as the “Parties“).
1.2. The Renter is desirous of renting the vehicle, the particulars of which are as set forth in the “Vehicle Information” segment of the Agreement (“rental vehicle“) from MJAT, and MJAT has agreed to rent the rental vehicle to the Renter.
1.3. By signing the Agreement, the Renter agrees to the following Terms and Conditions to be read with the Agreement.
2. Standard rental qualifications
2.1. MJAT reserves the right to refuse any rental at their discretion, or should the Renter not meet the standard Terms and Conditions before or during the rental period. Should we discover that the Renter carries out any illegal activities or has a previous criminal history, we reserve the right to collect our car back without the Renter’s consent. In addition, we have the right to terminate the rental Agreement and charge you any penalty or loss.
2.2 Suppose the Renter is an individual responsible for or representing a company. In that case, both parties (the Renter and the Company) shall bear the liability and assume responsibility for any consequences, including but not limited to financial losses arising from the rental arrangement with MJAT.
3. Renter’s requirements
3.1. The Renter must be at least 20 years old and possess a valid driving license with a minimum of 1 year of driving experience.
- For Malaysian citizens, a valid Competent Driving License (CDL) and Probationary Driving License (PDL) are accepted.
- For international travellers, it is not mandatory to have an international driving license to drive a vehicle in Malaysia. Individuals holding a foreign driving license can legally drive in Malaysia for a period of up to 90 days as long as their domestic license remains valid and is accompanied by an English translation (if it is in a language other than English) endorsed by the embassy of the issuing country in Malaysia or by the relevant licensing authority (subject to regulations under Section 28 of the Road Transport Act (APJ) 1987).
3.2. Rental documentation required:
- Driver’s IC (front and back) or passport.
- Valid driving license.
- Recent utility bills (for the latest month).
- Business card or student card (if applicable).
4. Rental period
4.1. The Renter shall lease the rental vehicle for a period determined by the date and time as provided in the booking confirmation. This duration is hereafter referred to as the “rental period“.
4.2. The Renter hereby agrees to return the rental vehicle to MJAT punctually, adhering to the agreed rental period’s expiration. The rental vehicle shall be returned to a mutually agreed-upon location designated in the booking confirmation, hereafter referred to as the “return location“.
5. Rental charges
5.1. Daily rental rates are based on 24-hour period from the commencement of the rental period. Additional hours will be computed on an hourly basis, up to a maximum of 5 hours. Subsequent to the initial 5 hours, charges will be applied as a full day’s rental.
5.2. The minimum duration for a rental period is 2 days.
5.3. Upon taking possession of the rental vehicle, the Renter is required to settle the entire outstanding balance of the rental charges.
5.4. NO REFUND, whether partial or full, will be issued if the Renter decides to return the rental vehicle prior to the originally agreed rental duration.
6. Security deposit
6.1. The Renter is required to pay a security deposit (“deposit”) upon booking. The deposit amount varies depending on the rental vehicle and the duration of the rental period.
6.2. The deposit will be refunded after our inspection at the end of the rental period. This deposit may be used to pay all extra charges, such as additional insurance, parking fines, damages, or any cost due to the rented vehicle due to the Renter’s use of the vehicle.
6.3. In some cases, the deposit may not be sufficient to cover all the costs incurred during the rental period. If this happens, MJAT has the right to charge your payment card for the remaining amount owed. If any portion of the deposit remains unused, MJAT shall immediately refund the corresponding amount through the same payment method originally used by the Renter.
** The time it takes to post the refund to your account will depend on your bank. Typically, you should see a refund in approximately 3 to 7 business days. If you do not see your refund after 7 business days, please contact us immediately.
7. Mileage restriction
- 1-4 days rental: allowance of 250KM/ day, an additional surcharge of RM0.50/KM if exceeding the allowed mileage.
- 5 days and above rental: unlimited mileage.
8. Fuel policy
8.1. Same-To-Same fuel policy applies. The Renter should return the rental vehicle at the same fuel level as when picked up to avoid a refuelling charge. If returned with more fuel than the starting amount, no refund applies.
9. Delivery and collection services
9.1. An additional charge per way may be imposed for delivery or collection out of our business location, depending on timing and distance. Any alterations to the initially agreed-upon collection or delivery location may incur extra charges.
9.2. Should the Renter choose to have the vehicle delivered, the Renter must be present at the selected delivery location during the stipulated delivery time and present their original IC/ passport, and valid driving license. Failure to adhere to these contractual conditions could potentially lead to vehicle delivery being declined.
10. Summon and fines
10.1. The Renter holds responsibility for all parking fees, traffic fines, or summonses incurred during the rental period. By affixing their signature to the Agreement, the Renter acknowledges their acceptance of all charges related to summonses and fines.
11. Speed limit
11.1. Please adhere to the designated speed limit when using our rental vehicles in Malaysia. Highways have a 110 KM/hr speed restriction. Should the Renter continually exceed the established speed limit, MJAT reserves the right to forfeit the total security deposit amount if necessary.
11.2. We emphasise driving responsibly and abiding by all traffic regulations enforced by the Malaysian Road and Transport Ministry. Your safety and compliance are of utmost importance to us.
12. Long-term rental and servicing
12.1. The Renter is obligated to bring the rental vehicle to the MJAT office for scheduled maintenance. Neglecting this requirement may lead to a penalty of RM1.00 per kilometre for each kilometre driven beyond 500 kilometres beyond the service threshold. Any costs or damages arising from the failure to adhere to the maintenance schedule are the sole responsibility of the Renter.
13. Extension of rental
13.1. If the Renter wishes to extend the rental period, the Renter must contact MJAT to request the extension before the Renter’s return date. It is compulsory to advise MJAT immediately to facilitate the extension of the insurance coverage. The Renter is required to settle all necessary payments before the commencement of the extended period.
13.2. MJAT may or may not grant an extension or decline to grant it for the entire period the Renter requests, in MJAT’ sole discretion. If the Renter does not return the vehicle to the specified location, the Renter may be subject to criminal penalties.
14. Cancellation/No-Show
14.1. Our flexible cancellation policy works like this:
- Full refund for cancellation made 48 hours prior to the reserved rental start date. The Renter is always liable for any payment transaction fee that may be incurred for refund processing.
- No refund if cancelled with less than 48 hours notice.
- No refund is given for a No-Show. No-Show if the Renter does not pick up the vehicle within 2 hours from his/her reserved rental start time.
- No refund if fails to produce proper identification (valid driving license, IC/ passport, etc).
15. Penalty charges
15.1. Penalty charges to be incurred:
| Penalty Charges | Penalty Fee (RM) |
| Unpleasant Odor/ Smoking | RM200 – RM300 |
| Extra Cleaning Fee | RM100 – RM250 |
16. Care and custody of the rental vehicle
16.1. MJAT expressly states that the vehicle handed over has passed all the mechanical inspections and internal controls undertaken and has all the necessary documentation, tools, and accessories, and all its tyres (including the spare or repair kit, if applicable) are in good condition with no punctures.
16.2. The Renter expressly agrees to:
- Maintain the rental vehicle in good condition and do not expose it to potential risks.
- Respect the rules of the road according to the specifications of use of the type of vehicle in question. In particular, the Parties expressly agree that the undertaking of any conduct that involves a breach of the rules of the road, violation of laws, or the committing of a crime against traffic safety will be considered a fundamental breach of the obligations assumed in this contract, which may lead to the termination of the contract and/or the claim to corresponding compensation for damages caused (in addition to the appropriate penalties for breach of the contract established), including those corresponding to the costs and expenses incurred by MJAT as a result of such conduct.
- Not to bring the rental vehicle out of Malaysia.
- Not to use the rental vehicle for any kind of testing, tow, or push other vehicle(s) or to take part in competitions or sports races.
- Not to permit any individual other than the Renter designated in the Agreement or someone approved by the Company to operate the rental vehicle.
- Not to carry out activities to sub-lease the rental vehicle, transport persons or goods, or undertake activities to sub-lease the vehicle which break the law or existing legal provisions.
- Be liable for the costs of replacement of any lost car key(s) and the costs for the creation of any additional car key(s) for the rental vehicle.
- Look after the rental vehicle and ensure that it is properly locked and secured and parked in a safe place when not in use.
- Ensure that the total number of people in the vehicle will not exceed the permitted seating capacity.
- Not to drive under the influence of alcoholic beverages, drugs, or other narcotic substances or with physical capacities impaired by fatigue, illness, or any other circumstance that makes driving unadvisable.
- Not to alter or falsify the registration or license plate of the rental vehicle or make structural modifications to the rental vehicle’s original form through rebuilding or redesigning.
- Not to carry any item(s) that may discharge unpleasant odors. Smoking in the rental vehicle is also strictly prohibited. The Renter will be held liable for reimbursing MJAT for all expenses related to eliminating such odors (refer to “Penalty charges”) and for the loss of rental days for the rental vehicle to remove the smells from the vehicle.
17. Responsibility for the return of the rental vehicle
17.1. The Renter shall return the rental vehicle to the MJAT at the specified return location by the end of the rental period.
17.2. When the Renter has not returned the car after the agreed drop-off time, the insurance will no longer be valid. Plus, the Renter shall pay compensation for all damages caused to the MJAT and the surcharge for late return as below.
- Less than 1 hour of the agreed time of return: No additional charge.
- 1-5 hours: additional charge for half-day booking.
- More than 5 hours: additional one-day rental fee, plus late-return processing fee until the vehicle is returned.
17.3. In the event that the Renter fails to return the rental vehicle during the rental period due to a natural disaster or any other force majeure event, the Renter shall not be liable for the damages arising from such cause. In this case, the Renter shall immediately contact MJAT and follow the instructions given.
17.4. Any outstanding rental or other fees must be fully settled by the time the rental vehicle is returned. Failure to settle these fees may result in additional penalties or charges as per the Agreement.
18. Checks upon return of rental vehicle
18.1. The Renter shall return the rental vehicle in the same condition as when it was rented, except for ordinary wear and tear arising from normal use. Failing which, the Renter will be liable for the costs of restoring the rental vehicle to its original condition.
18.2. When returning the rental vehicle, the Renter shall, at their own responsibility, confirm that there are no items left behind (hereinafter referred to as “Items Left Behind”) in the rental vehicle that belong to the Renter or passengers.
- MJAT shall not be obligated to check for any Items Left Behind in the rental vehicle. The Renter shall assume responsibility for damages incurred by the Renter, passengers, or other third parties as a result of Items Left Behind.
- Items Left Behind shall be stored for one (1) month from the day the items are recovered and shall be disposed of if the owner has not applied to collect the items during such period.
18.3. In addition to those provided for in the preceding paragraph, when returning the rental vehicle, the Renter shall promptly inform the MJAT of any abnormalities discovered in the rental vehicle.
19. Measure in case of Non-Return
19.1. When the Renter does not return the rental vehicle within 12 hours after the expiration of the rental period and does not respond to our return request, or if we determine that the rental vehicle is non-returnable because the whereabouts of the Renter are unknown or due to other reasons, it shall be regarded as unlawful possession of the rental vehicle. MJAT will report the matter to the police, such as criminal prosecution, for the issuance of an arrest warrant in accordance with legal requirements.
19.2. In the case of the preceding paragraph, MJAT shall locate the rental vehicle using all available methods.
19.3. The Renter shall be liable for all damages caused to MJAT and additionally shall bear all the expenses required to recover the rental vehicle and to locate the Renter.
20. Payment methods
20.1. Accepted payment methods: major credit and debit cards (VISA, MasterCard, and UnionPay). The card will need to be presented at the time of vehicle pickup, and the name of the authorised Renter must match the name on the card utilised for payment. Only third-party credit cards that have been authorised or approved for payment on the Renter’s behalf are accepted. Any misuse of third-party cards will not be the responsibility of MJAT.
20.2. We DO NOT accept Cash payments.
21. Consent for full authorisation of cards
21.1. Full authorisation involves charging a specific amount of money to your account. This authorisation is obtained from you before completing a transaction, with the reason given to you for your collection and justification of the amount to be charged.
21.2. You authorise MJAT to charge or debit your Payment Instrument for the full price of post-paid charges such as defects, summons, damages, and others. Please ensure that your Payment Instrument is valid and has sufficient credit on the future payment date. If the Payment Instrument cannot be charged on such a date, we may manually invoice you and require full payment.
22. Measures in case of Breakdown
22.1. If the Renter detects any abnormality or breakdown of the rental vehicle during the rental period, the Renter shall immediately discontinue operation, contact the MJAT and follow the instructions given. You must not move the vehicle unless this is necessary or directed to do so by the roadside assistance service to prevent further damage to the vehicle or damage to other property or vehicles.
22.2. We provide complimentary roadside assistance for vehicle problems that were not your fault. If the problem was your fault (e.g. running out of fuel, losing the keys or locking keys in the vehicle), you are responsible for the cost of providing roadside assistance and any parts provided.
22.3. Lost Keys – If you lose your key(s), you will be charged the cost of replacement.
22.4. You must not allow anyone to service or repair the vehicle without our permission. If we allow you to carry out certain repairs, you must obtain an original tax invoice and receipt from the repairer, and upon verification of the same, we will reimburse you in line with your liability noted on your Agreement.
23. Measures in case of Accident
23.1. When an accident involving the rental vehicle occurs during the rental period, the Renter shall take measures provided for in laws and regulations and shall handle the situation in accordance with the provisions below, regardless of the seriousness of the accident.
- Immediately inform MJAT of the details of the accident and follow the instructions given. It is very important that you refuse the services of tow-trucks operators that arrive uncalled on the scene.
- Lodge a police report within 24 hours from the time of the accident.
- Secure the names, phone numbers, registration numbers, etc., of all parties and vehicles involved in the accident.
- Awaiting further instructions from MJAT. Any unauthorised repair work will be the full liability of the Renter.
23.2. In the event that the Renter does not provide a police report, the Renter will be liable for the full cost of replacing/repairing the car.
24. Measures in case of Theft
23.1. The Renter shall take the following measures in the event that the rental vehicle is stolen or otherwise damaged during the period of use of the rental vehicle.
- Immediately report to the nearest police station.
- Immediately notify MJAT of the situation of the damage, etc., and follow the instructions given.
- Cooperate with the MJAT and the insurance company with which MJAT has entered a contract to investigate the theft and other damages, and submit the necessary documents without delay, etc.
25. Renter’s responsibilities
25.1. The Renter accepts responsibility to repair and change to new original parts at the current market price plus labours on items that are damaged, lost, or stolen during the rental period, even if you are not at fault. As such, Renter’s deposit shall be forfeited. The possibility of such incident would be as follows:
- scratches on vehicle body which have to be re-painted
- minor or major damaged on all front & rear lamps
- broken/ smash windshield, window glass & wiper
- damaged on vehicle seats (eg. Cigarettes burn marks, stains, etc.)
- fender and bumper bend or fall out
- any missing and damaged items relating to the vehicle
- damage accessories or vehicle’ part
25.2. If the Renter experiences any problems with the rental vehicle during the rental period, the Renter should inform MJAT’s team. Failure to inform MJAT of any damages or potential damages may result in a breakdown, such as major damage to the engine, transmission, and suspension. The cost of repairs will be under the Renter’s full responsibility.
25.3. In the case of major damage to the rental vehicle that requires MJAT to claim compensation from the insurance company, the time spent on claiming from the insurance company and sending for repairs would have resulted in losses to MJAT.
26. Liability for compensation
26.1. When the rental vehicle cannot be used due to an accident, breakdown, or other grounds attributable to the Renter during the rental period, the Renter shall pay MJAT the fees separately prescribed by MJAT as compensation for business interruption for the period the rental vehicle cannot be used or the repair period.
26.2. In addition to those provided for in the preceding paragraph, the Renter shall assume liability for compensation for damage if the Renter commits acts in violation of the articles, rules, and special provisions under this Agreement and other terms and conditions. The Renter shall also be liable for compensation for damages when a third party or MJAT has suffered damages following the use of the rental vehicle due to reasons attributable to the Renter.
26.3. Without prejudice to any other charges payable, the Renter is liable to pay under this Agreement if the rental vehicle is held under custody by the police or any relevant authority due to any act, omission or event attributable to the Renter. The Renter shall be responsible and liable for the rental charges for the rental vehicle for the entire Rental Period and for the loss of use of the rental vehicle which shall be computed based on:
“One-time fee of RM2,500 will be charged for a period of 30 days, and subsequently a daily rate for the period of the rental vehicle being held under the custody, commencing from the first day the rental vehicle is held under custody until the date on which the police or the relevant authority releases the rental vehicle.”
27. Loss of use
27.1. MJAT has the right to claim compensation for the company’s future revenue losses when an accident disables a vehicle. Renter is always liable to pay for the compensation of the company’s loss of rental income, not exceeding the Excess amount stated below, regardless of whether Renter is at fault or not.
27.2. Loss of rental income is calculated based on the estimated number of days to repair the vehicle multiplied by the rental rates. Rental rates are subject to MJAT review and approval.
28. Third-party liability claims
28.1. The Renter and/or any additional Authorised Driver are primarily responsible for all third-party claims of personal injury, including death and property damage caused or arising from the use and operation of the rental vehicle during the rental. You agree to indemnify and hold MJAT harmless from and against, and you will defend MJAT against all loss, liability, or damages arising from the use or operation of the vehicle during the rental, plus costs and attorneys’ fees.
29. Insurance
29.1. All vehicles under MJAT are 100% fully insured with proper road-valid documentation. The accident insurance coverage is only available and claimable for damages that exceed the Renter’s Excess amount.
30. Excess clause
30.1. In the event of any damage, theft, or total loss to the vehicle, the Renter is liable to pay the full cost of damage to the vehicle, including loss of use as determined by MJAT, even if the incident is not your fault. However, with the vehicle protection and coverage packages offered by MJAT, the Renter is only responsible for the Excess instead of the full cost of vehicle damage, which ranges between RM1,500 to RM7,000 depending on the vehicle categories.
i. Collision Damage Waiver (CDW)
CDW is included in the rental rate. Consequently, the Renter’s liability is limited to the Damage Excess (Excess), as shown in the Agreement, unless there is a prohibited use of the vehicle, in which case the Renter may be fully liable for any loss or damage.
ii. Super Collision Damage Waiver (SCDW)
SCDW is available for purchase at an additional charge to reduce the Renter’s Excess liability to MJAT for loss or damage to the rental vehicle.
In the event that the rented vehicle sustains damage, the Renter is liable to pay reduced Excess fee as below:
Categories | CDW Excess (RM) | SCDW Excess (RM) |
Compact and Sedan | 2,500 | 1,500 |
MPV | 3,500 | 2,500 |
Sports Utility Vehicles (SUV) | 5,000 | 3,500 |
Luxury | 7,000 | 5,500 |
iii. Theft Protection (TP)
TP is included in the rental rates. In the event of vehicle theft, the Renter will be liable to pay for the Excess amount as per CDW Excess/ SCDW Excess above.
30.2. IMPORTANT: Notwithstanding the above, CDW, SCDW, and TP shall NOT cover the following events, and the Renter will be liable for full payment of costs (including loss of profit derived from the inability to rent the vehicle) for damages caused due to any of the following circumstances:
- Failure to lodge a police report within 24 hours of the vehicle accident or incident.
- Breach of the Terms and Conditions outlined in the Rental Agreement.
- Loss of items or accessories from and/or in the rental vehicle (e.g. radio/ CD, tools, or any other accessory fitted to the vehicle).
- Any damage caused by the driver being influenced by alcohol or drugs.
- Any damage to the tyres, which are not attributable to normal wear and tear.
- The rental vehicle has been driven outside Malaysia.
- Loss, damage, or theft caused intentionally, or due to gross negligence of the Renter or an authorised driver.
Compulsory Excess
In addition to the Excess shown above, the Renter has to bear an additional excess of RM400 if at the time of the incident, the Renter or the person driving the rental vehicle is:
- under 21 years old,
- holds a Provisional (P) driver’s license; or
- is not named under the Renter information as stated in the Agreement.
31. Travel insurance coverage
31.1. We highly recommend obtaining travel insurance, which includes legal liability protection. For more information on travel insurance options, please refer to TRIPCARE360.
32. Retrieval of claims and issuance of Letter of Demand
32.1. In the unfortunate event of an accident involving the rental vehicle, the claim retrieval process will commence once the vehicle is taken to the workshop for repairs. This process begins with MJAT notifying you, the Renter. If you fail to respond to our initial notification, we will send a follow-up message via WhatsApp, phone call, and email.
32.2. Please note that non-responsiveness to these notifications will result in a deduction from your pre-authorised payment card. Should the deduction be insufficient to cover the repair costs invoiced by the workshop, we will notify your contact details to retrieve the necessary amount.
32.3. In circumstances of continued non-responsiveness, we will issue a formal Letter of Demand seeking reimbursement from you. Persistent failure to respond or comply will ultimately lead to MJAT pursuing legal action against you.
32.4. Action will also be taken to blacklist you in CTOS, and management fee will be imposed for compensation or any losses occur to MJAT’s rental vehicle.
32.5. Please be aware that this process is designed to ensure the smooth operation of our services and the fair treatment of all our customers. We appreciate your understanding and cooperation.
33. Termination of the Agreement
33.1. This Agreement will be subject to termination under the following circumstances:
- The Renter fails to make a timely rental payment or settle any outstanding amounts due hereunder this agreement;
- The Renter fails to adhere to or fulfill any terms and conditions or covenants stipulated in this agreement herein;
- The Renter, being an individual, faces any form of distress or execution levied on their possessions, or if the Renter, being a company, enters into any form of arrangement with its creditors, initiates liquidation (whether forced or voluntary), appoints a receiver, faces a winding-up order or proceedings, or has any judgment against them that remains unsatisfied for a period exceeding thirty (30) days.
34. Governing Law
34.1. This Agreement is subject to the legal framework of Malaysia. In the event of any disagreement, the matter may be brought before the judicial system of Malaysia. Should any clause within this agreement be deemed invalid or unenforceable, it will not impact the validity or enforceability of the remaining provisions and stipulations.
35. Privacy Policy
35.1. The terms of our Privacy Policy form part of these terms and conditions. Our Privacy Policy sets out how we collect, use, store, and disclose your personal information.
