Privacy Notice on Personal Data Protection Act (2010)
by DRIVOR Sdn. Bhd.
1. Definitions:-
- “Us”, “our” and/or “we” means DRIVOR Sdn. Bhd. and/or any company, organisation, corporate body, and/or entity forming any part of DRIVOR Sdn. Bhd.;
- “PDPA” means Personal Data Protection Act 2010 (Act 709) and any and all subsidiary legislation, regulations, and/or orders made thereunder and as may be supplemented from time to time and any guidelines and/or directives issued by any relevant authority;
- “Personal data” has the meaning assigned to it under the PDPA;
- “Processing” shall have the meaning assigned to it by the PDPA; and
- “Services and/or products” means any services, goods, items, products, websites, applications, amenities and/or facilities provided by us.
2. Your personal data that you have submitted to us will be processed by us or by parties acting on our behalf. Such personal data will include (but will not be limited to) your name, national registration identity card number, passport number, driving license number, international driving permit, nationality, race, birth date, age, gender, address, telephone number, e-mail address, religious beliefs, medical records, criminal records, affiliations, political beliefs and any other information relating directly or indirectly to you or which may be used to identify you as our Customers.
3. We may process your personal data that you have submitted to us for the following purposes:-
- To provide you with services and/or products and any other purpose relating to our provision and/or your usage of said services and/or products;
- To maintain internal records;
- To verify your identity;
- To contact you with offerings;
- To respond to your queries, if any;
- To enable you to enter into a contract with us;
- To carry out research and analysis;
- To conduct marketing and promotion;
- To conduct audits, investigations, or any other inquiry;
- To conduct any legal proceedings or in relation to any legal action;
- To prevent any unlawful act;
- To carry out any action provided for by law or required by an authority; and
- To achieve any other purpose which, in our estimation, is necessary and/or reasonable in the circumstances.
4. We may collect your personal data from the following sources:-
- From you;
- From your usage of the services and/or products and/or our website;
- From any communication provided by you to us;
- From any publicly available source; and
- From any third party.
5. You have the right to request access to and to request correction of the personal data that you have submitted to us. We reserve the right to refuse any request for access or correction to the personal data that you have submitted to us. To exercise this right, please contact us by using the contact information provided on our website. Note that your Customers’ exercise of the aforesaid right may have effects on our provision of the services and/or products (such effects may include the non-provision of the services and/or products) to your Customers and we are not liable for any loss, damage, or any other liability resulting directly or indirectly from such effects.
6. We may disclose your personal data to the following parties:-
- A party to whom disclosure is provided for under law or required by an authority;
- A company related to us;
- Our business partners, employees, hub operators, mini-hub operators, Service Providers, and suppliers;
- Auditors, consultants, accountants, lawyers, or advisors; and
- Any other party to whom disclosure is, in our estimation, necessary and/or reasonable in the circumstances.
7. You have the right to limit our processing of your personal data. To exercise this right, you may contact us using the contact information provided on our website. Note that your exercise of the aforesaid right may have effects on our provision of the services and/or products (such effects may include the non-provision of the services and/or products) to you and we are not liable for any loss, damage, or any other liability resulting directly or indirectly from such effects.
8. The personal data that you have provided to us is obligatory and necessary in order for us to provide you with the services and/or products. Any failure to provide such personal data may have effects on our provision of the services and/or products (such effects may include the non-provision of the services and/or products) to you as our Customers and we are not liable for any loss, damage, or any other liability resulting directly or indirectly from such effects
Rental Requirements
The Renter and additional drivers must be between 23 to 65 years old for normal car category vehicles and 25 to 65 years old for luxury car category vehicles and in possession of a full and valid national or International Driving License. Other nationals who hold a valid driving license in English can drive in Malaysia for a maximum of 3 months (subject to country). Probational license holders will not be accepted.
Rental Period
The Renter shall rent the vehicle for the rental period stated in the booking confirmation. DRIVOR may agree to extend this rental period at its own discretion. If the renter fails to return the vehicle at the end of the period, we shall either charge the rental at the contracted rate for the period of time renter has possession of the vehicle or we resume possession of the which case the renter shall be liable for all costs and expenses incurred by us in resuming possession of the vehicle. The Renter shall return the vehicle, together with all tires, tools, accessories, and equipment to our station specified or any location on the enclosed rental agreements (location & date).
Drivor Responsibilities
- DRIVOR shall maintain the vehicle to the manufacturer’s recommended standard.
- DRIVOR undertakes to ensure that the vehicle is in a roadworthy condition and suitable at the beginning of the rental period.
- To ensure the car came with valid insurance coverage
- Provide replacement vehicle in case of accident or breakdown for with similar class that rented
from DRIVOR .
Renter’s Responsibilities
- The Renter shall ensure the vehicle and keys are always kept in good condition during the period of the rental.
- The Renter shall ensure the vehicle is kept locked when the vehicle is not in use, and the Renter will incur a charge (which DRIVOR will set from time to time) for lost keys.
- The Renter shall utilize any security device fitted to or supplied with the vehicle.
- The Renter must ensure that the correct fuel is used for the vehicle.
- The Renter shall be fully responsible for any damage to the exterior part of the vehicle (front, rear, upper, lower sides and undercarriage) caused by hitting any object. This applies irrespective of whether the Renter has opted for the Liability Reduction Option insurance.
- The renter shall not sell, rent, remove, replace or dispose of the vehicle or any of its parts.
- The renter shall not grant any person(s) any legal right over the vehicle.
- The Renter shall not carry out any repair or service work on the vehicle without obtaining written permission of DRIVOR.
- The Renter must notify DRIVOR immediately as soon as the Renter is aware of a defect or damage in the vehicle and the Renter is liable for all damage and loss (including theft) caused to the vehicle during the period of the rental.
- The Renter must alert with Vehicle service reminder and prepare to return vehicle for schedule maintenance.
- Upon the end of the rental period, the Renter shall return the vehicle to the agreed return location, during the operating hours displayed at the rental location and DRIVOR’s team shall examine the vehicle to ascertain that the vehicle is in good condition.
- Where DRIVOR has agreed that the Renter may return the vehicle outside operating hours, or where the Renter has requested collection of the vehicle. The Renter’s liability of damage, theft, parking violations and charges shall extend to midday on the first working day following the collection time (working day is defined according to station operating hours or the time of re-inspection of the vehicle by a member of DRIVOR’s team.
- Damage to the vehicle includes damage and/or loss of glass, tire rims, vehicle lights, tire and interior accessories.
- The renter shall pay for repairs if the vehicle requires more than DRIVOR standard cleaning, or if the vehicle has been damaged on the interior or exterior (whether or not it is the Renter’s fault).
- The renter shall ensure, on the return of the vehicle that the renter has not left any personal belongings in the vehicle and DRIVOR shall not be responsible for any of the Renter’s personal belongings left in the vehicle.
- The renter should ready or prepare necessary card, especially Touch N Go card by their own. DRIVOR will not responsible or entertain any issue of claim/refund regarding the card.
Rates
Rates are for a minimum of 24 hours of rental. Additional hours will be calculated upon booking at one-fifth of the daily rate per hour up to a maximum of 5 hours upon booking. Rates are in Ringgit Malaysia. Rates are subject to change without prior notice.
Term of Payment
Mode of Payment
DRIVOR accepts Cash, Online Transfer (MYR or SGD) and CARD (3% handling fee). The credit card presented must be in the name of the authorized renter. DRIVOR reserves the right to refuse its car rental services if this term is not met.
Deposit
In addition to the rent charges, the customer is responsible to pay a deposit. We reserve the right to terminate the rental agreement if the customer fails to make payment at the time specified. The deposit is an equivalent as a guarantee of proper usage of the vehicle for the entire duration of the contract, a sum which will be reimbursed if no summon and damage is notified. Deposit should be paid upon the booking confirmation and will be refunded to the renter account after 7-14 days the car returned.
Cancellation and Refund
1. Refund Procedure
2. Full Refund
Reservations canceled before 2 days (48 hours) from the start of the rental, no cancellation fees will be charged.
2.Partial Refund
- Cancellations made within 2 days / 48 hours before the start of the rental will be charged 50% from the rental fee.
- Downgrade vehicle within 2 days / 48 hours before the start of the rental will be charged 50% from the rental fee of the original booking.
No Refund
- Cancellations made less than 24 hours before the start of the rental.
- Cancellations made to downgrade vehicle less than 24 hours before the start of the rental.
- Failure to provide actual driver as registered on the form to collect the car at the specified date & time.
- Vehicle cannot be picked up or failure to collect the car at the specified date & time.
- Cancellation or termination during the leasing period
Claim & Refund Process
- Contact us within the time that was stated in the cancellation policy to document the issue and place a hold on the booking payment. Include invoice or other evidence of the issue as part of your claim.
- Be responsive to our requests for additional information and cooperation.
- Have used reasonable efforts to remedy the circumstances of the Rental Issue with the driver/person-in-charge prior to making a claim, including messaging your contact on DRIVOR to notify them of the issue.
- We’ll notify the transaction of refund. The amount will be credited to customer’s account after the car return.
Extension of Rental and Penalty
- Should the renter wish to extend the rental, appoint any additional drivers, amend pick up or return location, it is compulsory to advise DRIVOR immediately to facilitate the extension of insurance coverage.
- Fail to notify and payment will affect with a penalty.
- Follow as charges and type of penalties:
| CASE | PENALTY FEE |
|---|---|
| After Hour | RM80 each |
| Late Return | MYR 20 – 90 Per Hour |
| Change Pickup / Delivery Location | MYR 50 |
| Unpleasant Odor | MYR 200 – 300 |
Other Charges
The renter shall pay the following charges:
- The rental charges and other optional charges at the rates shown on the rental agreement. Any charges for loss or damage resulting from non-compliance.
- A refueling charge due to insufficient fuel tank upon return.
- After Hour Charge RM80 each (Return and pickup within 11pm until 7am)
- On demand, all fines and court cost for parking, traffic or other offenses (including any costs which arise if the vehicle is clamped or towed). The Renter must pay the appropriate authority any fines and cost failing which, the Renter shall be responsible to pay DRIVOR an administration fee of Ringgit Malaysia Twenty (MYR20.00) when DRIVOR deals with these matters.
- On demand, the full cost of repairing or replacing the vehicle if it is damaged or stolen (even if it is not the Renter’s fault).The Renter may not have to pay the whole of the cost of repairing or replacing the vehicle if the Renter has accepted Liability Reduction Option insurance.
- On demand a loss of income charges. DRIVOR will charge the Renter at the contracted rate if DRIVOR is unable to rent out the vehicle on the grounds it needs to be repaired or is a total loss and DRIVOR is waiting to receive full payment of the vehicle’s value. DRIVOR shall not charge the Renter for more than 30 days loss of income. The renter shall also be liable to a charge for any diminution in value of the vehicle on resale as a result of damage to the vehicle during the rental period.
- On damage any charges made by the authorities as a result of a seizure.
- Any rates for delivering and collecting the vehicle which DRIVOR will set from time to time.
- Value added tax and all other taxes and levies on any of the charges listed above, as appropriate.
Risk and Protection
The renter shall be held responsible for all MAJOR DAMAGES caused to the vehicle, including theft regardless of fault. In the event of an accident of theft, PROVIDED the renter has agreed to accept the LRO and make a police report within 24 hours from the time of the accident or theft, DRIVOR shall be entitled to charge the renter an excess fee which is in accordance with the following table (“Excess Fee”). Upon the renter’s acceptance and subject to the terms and conditions stipulated in the Rental Agreement, the renter’s liability is limited to the Excess Fee.
Liability Reduction Option
| GROUP | EXCESS FEE WITH LRO | EXCESS FEE WITHOUT LRO | LRO PER DAY | LRO PER WEEK | LRO PER MONTH |
|---|---|---|---|---|---|
| Economy | RM2500 – RM3500 | RM7000 – RM8000 | RM30 | RM210 | RM450 |
| Executive | RM3501 – RM5000 | RM8000 – RM10000 | RM45 | RM260 | RM650 |
| Premium | RM5001- RM6000 | RM10000 – RM15000 | RM50 | RM300 | RM1000 |
| Luxury | RM6001 – RM9000 | RM15000 – RM25000 | RM60 | RM400 | RM1300 |
Condition of Usage
- The vehicle shall not be operated by any person(s) who has given to DRIVOR a fictitious name or false age or address.
- The vehicle shall only be driven by person(s) named overleaf, or by anyone DRIVOR authorizes in writing. Anyone driving the vehicle must have held a valid full current driving license for at least one year.
- Probationary license holders are strictly not permitted to drive DRIVOR vehicle.
- The renters or any authorized driver shall not use the vehicle for hire to rewards, any illegal purpose, vehicle off-road, racing, pace making, test drive, testing the vehicle’s reliability and speed, to propel or tow any vehicle or trailer or to teach someone to drive, under the influence of alcohol, drugs or any other illegal substances as determined by the authorities. Carry a number of passengers and/or baggage which could cause the vehicle to be overloaded or to transport goods in violation of customs regulations or any illegal manner as determined by the authorities.
- Entry to Thailand is strictly prohibited.
- Any cause to unpleasant odor (e.g. durian, salted fish, perfume, a material used in the practice of religion, etc.
Restricted Entry
DRIVOR vehicles cannot be driven into Thailand, Brunei, and Indonesia. Subsequently, vehicles are prohibited from being loaded onto other modes of transportation via sea, river, and air for usage from the mainland to Langkawi, Tioman, Redang, Pangkor island, etc. Cross border to Singapore is subject to approval with certain conditions and additional insurance.
Termination of Agreement
Agreement of rental will be terminated upon the occurrence of one of the following events: –
- If the Renter shall fail to cause any punctual payment of rental or any amount due here under.
- If the Renter shall fail to observe or perform any condition, term or covenant herein;
- If the Renter suffers any distress or execution to be levied on the Renter’s goods or being a company make arrangement or arrangements with its creditors or enter into liquidation whether compulsory or voluntary or have a receiver appointed or winding-up order or proceedings is levied threatened upon the Renter or any judgment against the Renter shall remain unsatisfied for more than thirty (30) days.
Governing Law
This agreement is governed by the laws of Malaysia. Any dispute may be submitted to the jurisdiction of the Malaysia Courts. If any provision of this Agreement is or becomes invalid or unenforceable the remaining provisions shall not be affected.
