CLAUSE (1) VEHICLE DESCRIPTION

The owner will let and the hirer will take to hire the motor vehicle described on this agreement.

CLAUSE (2) DURATION OF HIRE

Minimum rental charge is one day (24 hours period). Hourly charge is based on one-sixth (1/6) of the applicable daily rate to the maximum of six hours; thereafter, a full-day rate will be charged.

All rates are quoted in the local currency (RM) and subject to change without prior notice. The hire term is as stated in this agreement. Any extension must be paid in full at the time of extension and will be part of this agreement. The owner may repossess the vehicle if payment is overdue, with repossession and recovery costs charged to the hirer.

CLAUSE (3) PERSON(S) WHO MAY DRIVE THE VEHICLE

The vehicle may be driven during the period of hire only by the persons described in this agreement and only if such person holds a full current driver's license (particulars of which are given alongside his name and address) appropriate for the vehicle at the time when they are driving the vehicle.

CLAUSE (4) PAYMENTS BY HIRER

a) The hirer shall pay to the owner the amount indicated as the Balance Due on the agreement at the commencement of the hire (CASH TERM of Payment).

b) In addition to the payment referred to in clause 4 (a) of this agreement the hirer shall pay for any of the following where applicable:

• (i) All petrol or other fuel used. Fuel is Full to Full Term.
• (ii) Outstation Fee: Using Hayyat Vehicle travel to Miri, Sibu, Mukah or Kuching and etc. Outstation fee will be applied. If failed to notice Us, Penalty RM2/KM will be charged (Refer to Clause 12).
• (iii) Any additional charges as outlined in Clause 14 that may be applicable to this agreement.
• (iv) Any damage excess where damage has occurred to the vehicle.
• (v) Any costs in relation to the uplifting of the vehicle due to non-payment or breach of the terms of this contract.

CLAUSE (5) HIRERS OBLIGATIONS

The hirer shall ensure that:

• a) The water in the radiator and battery of the vehicle is maintained at the proper level.
• b) The oil in the vehicle is maintained at the proper level.
• c) The tyres are maintained at the proper pressure.
• d) The hirer shall ensure that all reasonable care is taken in handling and parking the vehicle and that it is left securely locked when not in use.

CLAUSE (6) RETURNS OF THE VEHICLE

a) The hirer shall at or before the expiry of the term of hire deliver the vehicle to the owner's place of business or the owner's agent's place of business, or obtain the owner's consent to the continuation of hire.

b) The owner shall have the right to terminate the hiring and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of this agreement or if the vehicle is damaged. The termination of the hiring under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under this agreement or otherwise.

CLAUSE (7) OWNERS OBLIGATIONS

a) The owner shall supply the vehicle in a safe and roadworthy condition

b) The owner shall be responsible for all ordinary and extraordinary costs of running the vehicle during the term of the hire except to the extent that by the terms of this agreement those costs are payable by the hirer.

NOTE: By virtue of clause 4 of this agreement, the cost of petrol and other fuel, but not oil, used during the term of the hire is the responsibility of the hirer.

CLAUSE (8) MECHANICAL REPAIRS AND ACCIDENTS

a) If the vehicle is damaged or requires repair or salvage, whether because of an accident or breakdown, the hirer shall advise the owner of the full circumstances by telephone as soon as practicable.

b) Authority of the owner except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or other property.

c) The hirer shall ensure that no person shall interfere with the distance recorder or speedometer or except in any emergency any part of the engine, transmission, and braking or suspension systems of the vehicle.

d) Punctures, glass and headlights are at the hirer expense.

CLAUSE (9) USE OF THE VEHICLE

The hirer shall not use or permit the vehicle to be used for the carriage of passengers for hire or reward unless the vehicle is hired with the knowledge of the owner for use in a passenger service licensed under the Transport Services Licensing Act 1987.

The hirer shall not:

• a) Sublet or hire the vehicle to any other person
• b) Permit the vehicle to be operated outside his authority
• c) Operate the vehicle, or permit it to be operated in circumstances that constitute an offence by the driver against Section 44 of the Transport Act 1987 (which relates to driving or attempting to drive with excess breath or blood alcohol or operate under the influence of any alcohol or drugs).
• d) Operate the vehicle under any of the exclusions detailed in Clause 10
• e) Operate the vehicle or permit it to be operated to propel or tow any other vehicle.
• f) Operate the vehicle or permit it to be operated in breach of the Transport Act 1987 or any other Act, regulations or bylaws to Road Traffic.
• g) Operate the vehicle or permit it to be operated for the transport of more than the number of passengers or more than the weight of goods specified in the certificate of loading for the vehicle.
• h) Operate the vehicle or permit it to be operated for the transport of animals, Domestic or otherwise.

CLAUSE (10) INSURANCE

Subject to the exclusions set out below, the hirer and any driver authorized to drive the vehicle is fully indemnified in respect of any liability he might have to the owner in respect of loss or damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of the owner including towing and salvage costs associated with the recovery of the vehicle and its accessories and spare parts. Subject to the exclusions set out below, the hirer and any driver authorized to drive the vehicle are indemnified to the extent of RM10,000.00 in respect of any liability he might have for damage to any property (Including injury to any animal) belonging to any other person and arising out of the use of the vehicle.

The exclusions are:

• a) The driver of the vehicle is under the influence of alcohol or any drug that affects his ability to drive the vehicle.
• b) The vehicle is in an unsafe or non-roadworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss, and the hirer or driver was aware or ought to have been aware of the unsafe or non-roadworthy condition of the vehicle.
• c) The vehicle is operated in any race, speed test, rally or contest
• d) The interior of the vehicle is damaged or soiled by cigarette burns, cuts, spillage or foreign materials
• e) Damage caused to, or Tyre Chains
• f) The vehicle is driven by any person who at the time when he drives the vehicle is disqualified from holding or has never held a driver's license appropriate for that vehicle.
• g) The vehicle is wilfully or recklessly damaged by the hirer or any other person named in this agreement or driving the vehicle under the authority of the hirer, or is lost as a result of the wilful or reckless behaviour of the hirer or any such person
• h) The vehicle is operated on any of the following: All ski field roads, Ball Hut access, Skippers Canyon, all beaches, any track or thoroughfare including gravel roads that is not officially designated as a road.
• i) The vehicle is operated outside the term of hire or any agreed extension of that term.
• j) The vehicle is operated in breach of any of the terms and conditions of this contract.

It is agreed between the owner and the hirer that Section 11 of the Insurance Act 1996 shall apply with respect to the above exclusions as if this clause constituted a contract of insurance.

CLAUSE (11) REPLACEMENT OF THE VEHICLE

In the event of an accident no refund of CDW or unused rental will be made. Provision of a replacement vehicle and insurance cover will be at the owner's discretion.

CLAUSE (12) OUTBOUND

a) Vehicle Usage Beyond Bintulu Area Usage Radius Limit

• The standard rental rate applies for usage within Bintulu town and its surrounding areas, up to a maximum radius of 80KM.

b) Additional Charges for Extended Travel

• If the vehicle is used beyond the 80KM radius, an additional charge will apply.
• Minimum Rental Duration Required: 3 days and above.
• The additional charge covers increased costs for wear and tear, and maintenance associated with extended travel.

c) Notification Requirement

• Customers must inform HTSSB in advance if they intend to travel beyond the 80KM radius.
• Failure to notify may result in penalty charges or breach of rental agreement. Penalty RM2/KM.

d) Travel Restrictions

• Certain destinations beyond the specified radius may require prior approval.

e) HTSSB reserves the right to deny extended travel if the route or distance is deemed unsuitable for the rented vehicle.

f) Responsibility for Extended Travel

• The renter is responsible for ensuring that the vehicle is returned in good condition regardless of the distance travelled.
• Any damage resulting from extended travel will be charged based on the rental agreement.

g) Calculation of Additional Charges

• The additional charge is calculated based on the distance travelled beyond the 80KM limit and is subject to the vehicle type/Location to Visit.
• A detailed breakdown of charges will be provided upon request.

h) Right to Modify Terms

• HTSSB reserves the right to amend these Terms & Conditions without prior notice.

CLAUSE (13) REFUND POLICY

1) Booking Cancellation Refund:

• a) Cancellation within 24 Hours of Booking: A full refund will be provided if the cancellation is made within 24 hours of booking, provided the rental period has not commenced.
• b) Cancellation 48 Hours Before Rental Start Date: A 50% refund will be provided for cancellations made at least 48 hours before the rental start date.
• c) Cancellation Less Than 48 Hours Before Rental Start Date: No refund will be provided for cancellations made less than 48 hours before the rental start date.

2) Refund for Unused Rental Period

• Refunds for unused rental periods will be considered under the following conditions:
• The vehicle is returned earlier than the agreed return date.
• A valid reason is provided and approved by Hayyat Rent MY Car management.

Refund Calculation:

• If a vehicle is returned earlier than the agreed rental period (e.g., daily, weekly, or monthly), the refund will be calculated based on the actual rental duration used.

3) Non-Refundable Situations

• No refund will be issued in the following cases:
• Early return without prior notice or approval.
• Violation of the rental agreement, such as damages to the vehicle or breach of travel restrictions.
• If the vehicle is repossessed due to misuse or other breaches of contract.

4) Process and Timeline

• Refund requests must be submitted to HTSSB within 7 days of the cancellation or early return.
• Approved refunds will be processed within 14 working days. Refunds will be issued via the original payment method unless otherwise requested.

5) Force Majeure

• In the event of unforeseen circumstances (natural disasters, government restrictions, etc.), refunds will be processed at the sole discretion of HTSSB, based on the nature of the situation.

6) Contact Us

For refund-related inquiries, please contact us at 019-485 2049 or email us at account@hayyatcarrental.com.

CLAUSE (14) ADDITIONAL CHARGES

a) FREE DELIVERY - DURING WORKING HOUR ONLY (Up to 20KM Radius)
Car delivery & Return based on customer location request; Airport Bintulu, Hotel or Town area. Delivery & Return Fee will be charged as per the following:

• I. After or Before Working Hour: RM20/-
• II. PH/SUN: RM40/-

Working Hours:

• I. Monday to Friday: 0830-1630
• II. Saturday: 0830-1230
• III. PH/SUN: Off Days

b) Traffic and parking fines: Administration Charge RM20.00

c) Non-Payment Charges: RM20.00 contact fee (phone or email contact), interest fees at current bank lending rates, and debt recovery fees as charged by any nominated agency will be charged to the hirer in the event of non-payment of the rental charges.

d) Cleaning Charges: Any extra-ordinary cleaning is at the expense of the hirer, including but not limited to carpet cleaning, rust treatment, deodorizing, and upholstery cleaning.

e) Parking Fees: All parking fees incurred during the rental period are the sole responsibility of the renter.

- Any unpaid parking fees that result in fines or penalties will be charged to the renter, along with an administrative processing fee of RM50 per transaction.

f) Police/Traffic Summons:

• The renter is responsible for any traffic violations, speeding tickets, or other police/traffic summons issued during the rental period.
• Unpaid summonses will be charged to the renter, along with an administrative processing fee of RM100 per summons.