The following Agreement is between:
Kwikcar ("Service") and You ("You", "Your")
By using the Service as the Owner, You agree to the following terms:
Vehicle Eligibility Requirements
For your vehicle to be eligible, your vehicle must meet all of the following requirements:
Be well maintained;
Upon submission of vehicle-listing, Owners may be required to submit documented proof of the last major service performed;
Owners are expected to properly schedule and record maintenance of the vehicles using the applicable manufacturer's maintenance schedule as a guide;
Be manufactured on or after the year 2010;
Cars manufactured prior to the year 2010 will be approved on a case by case basis, at Kwikcar’s sole discretion.
The Vehicle must be able to be driven by a standard license bearer;
The Vehicle must start the first rental with a full tank of fuel;
The Vehicle must have not been altered for greater performance and/or physical appearance modification that materially changes the performance or purpose of the vehicle as determined by Kwikcar in its sole discretion;
Vehicles whose engines have been altered in the aftermarket for greater performance and/or vehicles whose physical appearances have been modified in a manner that materially changes the performance or purpose of the vehicle are ineligible if Kwikcar identifies a liability concern;
Be a private passenger vehicle with at least four wheels;
Have photos of all four sides of the vehicle uploaded to the Kwikcar website to confirm no prior damage or any existing damage;
Have not been issued a salvage/repair title;
The Owner must be the registered keeper of the Vehicle, the Owner is responsible for ensuring that there are no restrictions on the Owner using the Vehicle for the purpose of Bookings.
Owners are not permitted to attached additional costs on top of the prices stated on the Kwikcar system unless for delivery, pick up, or late returns.
Vehicle Eligibility Documentation
Kwikcar may require additional documents necessary to establish Vehicle eligibility prior to formal acceptance into the Kwikcar program.
The Owner will provide reasonable documentation to demonstrate that the Vehicle has been maintained to at least the manufacturer’s recommended standard (including timely servicing and observing recommendations as to tyre tread depth) when requested by Kwikcar.
Acceptance of a vehicle into the Kwikcar car-sharing platform shall be at the sole discretion of Kwikcar.
Vehicle Eligibility Continued Monitoring
Kwikcar may periodically monitor any records to ensure that such vehicle continues to qualify for eligibility under our Vehicle Eligibility Requirements.
In addition, Vehicle reviews can be triggered by a number of "Source Events." "Source Events" include:
External notification by the Relevant Authorities, including but not limited to Police notification, Court order, JPJ notification;
External notification by any Kwikcar User; or
Internal notification by the Kwikcar system functionality that we may establish and maintain from time to time and at our sole discretion.
By listing your Vehicle, you agree to be contacted by Kwikcar and any potential Renters.
The Owner undertakes the responsibility to describe their Vehicle accurately on Kwikcar’s App, and to keep the information on such listing up to date.
The Owner agrees to cooperate with and assist Kwikcar in good faith (including responding promptly to communications) and provide Kwikcar with such information and take such actions as may be reasonably requested by Kwikcar in connection with any complaints, claims, charges or notices relating to the Owner’s Vehicle and listing.
The Owner must make the Vehicle available at the start of each Rental Period at the location and time as specified in the Booking Confirmation.
The Owner must ensure that, at the start of each Rental Period, the Vehicle is roadworthy and serviceable.
The Owner should ensure that, at the start of each Rental Period, the Vehicle is clean and tidy and free from debris/rubbish and any of the Owner’s personal items. Any personal items left in the Vehicle are left at the Owner’s risk.
The Owner will maintain a record of any scratches, bumps and dents in the bodywork and any other defects, abnormalities or damage to the Vehicle which will be recorded in the Handover Process.
The Owner is responsible for verifying the identity of the Renter during the Handover Process.
The Renter shall have exclusive use of the Vehicle for the duration of the Rental Period.
Kwikcar maintains insurance that provides certain coverage to Members for Rentals through the Service.
In the event that a rental requires an insurance claim to be filed, Kwikcar will make reasonable efforts to assist you in submitting a claim.
Kwikcar does not guarantee the results of any claim submitted for coverage.
Kwikcar currently partners with Allianz for Insurance coverage for rentals on our platform. As part of our coverage all rentals come with:
24/7 Roadside Assistance including minor roadside repair ie flat tyre;
Personal Accident Benefits;
Car Replacement Program (in the event the car requires damage repair);
Compassionate Cover of 10% of the sum insured up to MYR6,000 in the event of total loss or theft. This cover acts as compensation to your loss in NCD.
Business Interests/Commercial Activity
As a car Owner on Kwikcar you agree that you have not been assigned onto Kwikcar by a group, or company as a car Owner for the sole purpose of profit gaining from sharing your car.
You hereby state that you have authorisation to give permission to Renters to use the car, and you are an independent party participating voluntarily in this car-sharing agreement.
A Booking only ends once both the Owner and the Renter have completed the return process in the application. ("Handover").
If any dispute arises between parties regarding the condition of the car, it must be immediately reported to the Service.
Any dispute that arises must be reported to the Service within 30 minutes of the designated end time of the Booking.
Any report made after 30 minutes from the designated end time of the Booking will be handled on a case by case basis.
The Owner is responsible for the maintenance of his or her Vehicle, and therefore responsible for mechanical and electrical breakdowns. Kwikcar offers roadside assistance for Renters during the Rental Period, but the Insurance does not cover repairs related to breakdowns. However, if the Owner considers that the Renter is responsible for a breakdown as a result of behaviour contrary to the terms of the Rental Agreement, Kwikcar should be contacted to provide mediation. If the Renter is designated to be responsible for the breakdown, he or she will incur all repair costs related to the breakdown.
If the Owner considers that the Renter is responsible for a breakdown as a result of behaviour contrary to the terms of the Rental Agreement, Owner’s and Renter’s should attempt to come to an agreement between themselves in the first instance. If this proves to be impossible, Kwikcar should be contacted to provide mediation. If the Renter is designated to be responsible beyond reasonable doubt for the breakdown or damage, he or she will incur all repair costs related to the breakdown. Kwikcar will assist in providing a reasonable assessment of the situation.
Normal wear and tear is an inherent part of using and renting out a Vehicle and the Owner is not protected against it with our insurance policy nor can the renter be held responsible for damages caused by wear and tear.
In the event of a damage claim or dispute, the Vehicle must be taken to a Kwikcar approved panel workshop or a neutrally agreed workshop to assess the damage and determine the cost of repair.