The following Agreement is between:
Kwikcar ("Service") and You ("You", "Your")
By using the Service as a Renter, You agree to the following terms:
To be a Renter, and to continue being a Renter you must:
Be at least 21 years old.
Hold a full unrestricted licence and have been licensed for at least two years; and
Have an appropriate credit card in your name, that has the capacity to hold a pre-authorisation that is the equivalent to Your Damage Cover Liability for the duration of the time that You are borrowing a Vehicle through the Service; and have a satisfactory credit history as reported on Your credit record.
Renters will be required to accept the Terms of Service of Kwikcar.
You agree to be bound by the Terms of Service as listed in this agreement and acknowledge that the Service reserves the right to repossess the vehicle at any time without notice, at Your expense if the terms of this Agreement are breached.
You waive all rights to and agree that the Service, or persons acting on its behalf, will conduct negotiations and agree to any settlement with the insurers and that any monies in respect of vehicle loss or damage will be paid to the Service or such persons as the Service may direct.
When making a Booking, You should rely solely on the information provided on the Kwikcar App and Website, and any additional information communicated by the Owner to the Renter. Kwikcar may endeavour to provide additional information about the Vehicle upon request from the Renter, but it will not assume any liability for the accuracy or completeness of any such information.
The Renter must pick up the Vehicle at the time and place specified in the Booking Confirmation.
A Booking only begins once both the Owner and Renter ("You") have completed the Handover Process in the Kwikcar application ("Handover").
Any damage, untidiness, or loss must be indicated and reported in the Handover process on the mobile application. Inspect the vehicle for any damage either inside or outside the vehicle.
You may be liable for any Loss and Damage or untidiness that Your fail to report before driving the Vehicle.
You shall ensure condition of Vehicle is reported prior to trip commencement, if no such report is made, it shall be deemed that the Vehicle is in good condition and free from damage or defect at handover.
A Booking only ends once both the Owner and the Renter (“You”) have completed the return process in the Kwikcar application ("Handover").
The Vehicle must be returned by the agreed time and date to the designated collection point as booked on the Kwikcar mobile App, or Website.
You agree to ensure the keys of the Vehicle are also returned to the agreed upon location at the end of the Booking.
You agree to return the Vehicle with all documents and accessories present at the time of collection and in the same condition as they were on collection.
If any dispute arises between parties regarding the condition of the Vehicle, it must be 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.
Charges for Late Return
If the Vehicle is not returned by the agreed time and date to the designated collection point, the Service or the car owner will be entitled to charge You a late fee plus any applicable penalty charges, resulting from a late return of the Vehicle
Charges for Returning The Vehicle in Poor Condition
If the Vehicle is not returned to the Service in the same condition as it was on Collection and the Owner is not satisfied, the Service will be entitled to charge the Renter for the cost of cleaning and/or repairing any damage, incurred in the restoration of the Vehicle to its previous agreed upon standard.
The Renter is liable for the costs of replacement of any lost car key.
The Renter is liable for any fines and/or penalties incurred on the vehicle or the car owner during their use.
Any fines, penalties, court costs or other expenses imposed on the Service by law, arising from the use of the Vehicle while being used by a Renter, unless due to the Service's fault, will not relieve You or any other person of direct responsibility to any public authority for his/her unlawfulness.
The Renter is liable for the Service's costs, including reasonable legal fees and administration charges incurred in collecting amounts due from the Renter under this Agreement.
Any amounts due under any clauses in this agreement relating to the loss or damage to the Vehicle.
You are also liable for any charges Kwikcar deems necessary if You have exceeded the Reasonable Mileage rule. The rate of RM0.50 per Kilometre will apply.
Conditions of Use
Care of the Vehicle:
Smoking is not allowed in any Vehicle. Renters caught smoking will be fined RM500;
You must look after the Vehicle, making sure it is locked and secure when not in use;
You are responsible for keeping the Vehicle sufficiently supplied with the correct fuel and ensuring that the Vehicle interior is left clean and tidy before it is returned; and
You are responsible for ensuring that the fuel tank of the Vehicle is returned with the same level of fuel as agreed on upon collection of the Vehicle. Note that Kwikcar promotes the use of the Full-to-Full fuel policy.
If the Vehicle has a manual transmission, the Renter must not drive the Vehicle without adequate prior experience of using a manual transmission.
Vehicle may not be:
Used to propel or tow any vehicle, trailer or other object without the prior written agreement of the Service or Vehicle Owner; to be used to take part in any race, rally, pace-making, trials, speed testing or other contest;
Used in any off-road situations;
Used while the driver is under the influence of alcohol, drugs, or any other substance impairing their consciousness or ability to react;
Operated at any time that it is unsafe to do so;
Overloaded beyond the legally permitted maximum number of occupants and weight limitation;
Used in contravention of any traffic regulations – note that committing any traffic offence is a violation of this agreement;
The Vehicle is only permitted to be driven by the person who submitted the reservation request and made payment.
Members can only reserve one Vehicle at a time.
You must not cause wilful or malicious damage to the Vehicle.
The Vehicle must not be tampered with, nor have any alterations and additions or modifications made to it.
You shall operate the Vehicle with reasonable care and only within Peninsular Malaysia as permitted by Kwikcar.
You shall not transfer, dispose of, sub-let or in any way part with possession of the Vehicle except as permitted by Kwikcar. Renter shall not create any lien or pledge the Vehicle in favour of any person or allow any person to have interest over the Vehicle.
Failure to comply with the conditions of use may result in the charge of penalty payments for the recovery of the Vehicle without notice at Your expense, in addition to terminating Your account.
You agree to notify the Service immediately if You are involved in an accident.
You will have exclusive use of the Vehicle for the Rental Period.
You must report any traffic accident, loss, damage, or theft to the Service immediately
You must not admit liability or guilt in the event of an accident, or promise to pay any third party, or attempt any repair. A Service accident or theft report form must be fully completed on request. If You do not comply with this request, insurers may refuse the claim and You may be held liable for the full cost of damages and repair
You agree to co-operate with the Service and its insurers in any investigation or subsequent legal proceedings
In the event of an accident:
You should obtain the names and addresses of everyone involved, including witnesses and should also;
Make the Vehicle secure;
Tell the Police without delay if anyone is injured or there is a disagreement over who is responsible;
Contact Kwikcar or the Car Owner.
In the event of a breakdown, You should notify Allianz Insurance Car Assistant Program and await assistance. It is the responsibility of the Renter to remain with the Vehicle in a safe location until assistance arrives. If You abandon the Vehicle in the event of breakdown, You will be liable for the cost of returning the Vehicle to the Owner and may be liable for the full amount of any damage or theft that occurs.
If the Vehicle is stolen during the Rental Period, You must inform Police and Kwikcar as soon as becoming aware of the theft.
Vehicle Exterior / Interior Damage
You may be liable for any damage caused to the exterior of the Vehicle that is greater than 20mm diameter, and/or scratches more than 25mm in length with paint surface penetration.
You are not permitted to attempt to repair any damage to a Vehicle on Your own.
The Service has sole discretion in claiming any costs of repair caused to the Vehicle.
You will be obligated to pay the full repair cost for any incidents, should the damage cost be greater than the excess charge.
Should you be held liable for the damaged caused, the Service will send you a repair invoice/receipt.
Damage incurred while driving illegally will not be covered by the Insurance and Renters may be personally liable for such damage.
The Service is not liable to You or any of Your passengers for loss or damage to property left in the Vehicle either during the period of use or thereafter. Such property is left entirely at You and Your passenger's own risk.
All Vehicles including all accessories, equipment, spare tyres, keys, registration documents and tools shall at all times remain the sole property of the Owner.
You consent to the computer storage and processing of Your personal details by the Service in connection with this Agreement and to the transmission of these details for the purposes of the Service's legitimate interests including statistical analysis, marketing of our services and credit control. If You breach this Agreement, Your personal details may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.
You agree to indemnify and hold the Service harmless against any claims in connection with operation of the Vehicle, any damages suffered by, including without limitation, the fines or any matters which are the consequences of Your acts or omissions.
The Service expressly disclaims any liability for damage or loss of any kind suffered by You or any third party, unless it has been proven that the Service is at fault.
The Service's Agreement
Vehicles are made available to Renters by Owners from the designated and agreed upon pick-up location as stated in the Kwikcar mobile App, from the booked start time. Once the Vehicle has been checked for external damage and internal neglect, and relevant details of condition, have been submitted in the Handover Agreement, a Renter can then use the Vehicle in accordance with the agreed Terms and Conditions.
The Service takes reasonable steps to ensure that the Vehicles are in a roadworthy condition and are regularly serviced. In the event of a Vehicle breakdown occurring, and once the Renter has requested assistance, a designated breakdown service provider will attend to the Vehicle. If the Renter is found to be at fault in causing the breakdown, he/she will pay all recovery or breakdown service charges applicable.
Vehicles can be booked via the Services' mobile application ("Kwikcar") or official website. To access a Vehicle, bookings must be made in advance. If the Renter’s requirements cannot be met, the Service will endeavour to offer an alternative but cannot guarantee to meet all the Renter’s requirements.
Kwikcar may immediately terminate this Agreement if it reasonably believes that you are not fit to operate a motor vehicle.
You shall not be entitled to assign or otherwise transfer any of its rights or obligations under this Agreement.