TERMS AND CONDITIONS FOR CAR LEASING
INTRODUCTION
1.1 CMS is registered under Cms Car Rental Sdn Bhd, a company founded and incorporated in Malaysia with its business address located at No 57a, Jalan Rawa, Taman Perling, 81200, Johor Bahru, Johor (hereinafter referred to as "CMS").CMS operates via an integrated online car rental, offering comprehensive car leasing services to both domestic and international travelers. Our core business revolves around facilitating seamless transportation solution for our customer, and doing tour package in Malaysia, and given customer convenience and comfort ("the Business")
1.2 You (as "the User"), hereby agree to lease a vehicle from CMS ("Lease Vehicle"), whereupon the details and specifics of the Lease Vehicle will be determined by your preferences, which you have expressed via CMS's official website, located www.cmscarental.com.my ("the website). CMS agrees to provide the Lease Vehicle for lease to you, in accordance with provision outlined in these Terms and Conditions.
1.3 The User acknowledges and accepts that CMS holds the unequivocal authority to modify, revise or amend any clause of these Terms and Conditions. The updated Terms and Conditions will be made available on the Website. The User's continued use of the website and CMS services.
2. REQUIREMENTS
2.1 CMS and the User mutually agree that the Lease Vehicle shall only be driven exclusively by the User and/ or any additional person (s) who have been duly registered by the User via the website and granted authorization by CMS, (hereinafter referred to as "Drivers".) The user hereby undertakes and covenants with CMS as follows:
2.2 that the Drivers of the Lease Vehicle must fall with in the prescribed age. For standard vehicles, drivers shall be between the ages of twenty-three (23) and sixty-five (65) years. Meanwhile , for luxury vehicles, we require that drives be aged within the range of twenty-five (25) to sixty-five (65) years and have two (2) years driving experience;
| Vehicle Segment | Age |
| A-B | twenty-three (23) years old to sixty-five (65) years old |
| C-D | twenty-three (23) years old to sixty-five (65) years old |
| D | twenty-Five (25) years old to sixty-five (65) years old |
2.3 that the Drivers hold a valid ' Competent Driving License ("CDL") for Malaysian citizen, Drivers holding a Probationary Driving License (P License) are generally not permitted to rent vehicles
2.4 For international visitors planning a journey to Malaysia, it's important to understand the local driving regulations. As per Section 28 of the Road Transport Act (APJ) 1987, a driving license issued by any ASEAN member state is also considered valid in Malaysia provided it remains in force in the issuing ASEAN country.
2.5 This means that ASEAN nationals with ASEAN driver’s licenses can legally drive in Malaysia using their home country's driving license, as long as it remains valid. However, if the ASEAN license is in a language other than English or Malay, it must be accompanied by a certified translation, verified either by the embassy of the issuing country in Malaysia or by the authority that issued the license. Non-compliance with the translation requirement may lead to difficulties with Malaysian authorities while driving the Lease Vehicle on the road, of which CMS shall not be held liable. This applies even if your ASEAN driver's licenses are valid and satisfy the aforementioned provision, permitting you to drive in Malaysia.
2.6 In addition, ASEAN driver's licenses that fall under the above description are valid for use in Malaysia for up to ninety (90) days for tourists who are on tourist visas to Malaysia.
2.7 On the contrary, non-ASEAN foreign nationals will require an “International Driving Permit” (“IDP”) issued by their home country prior to their arrival in Malaysia. Please be aware that non-Malaysian citizens whose licenses do not fall under ASEAN category must be in possession of a valid International Driving Permit (IDP) to drive in Malaysia;
2.8 that the Drivers shall not have suffered, nor are suffering, from any physical infirmities, including defective vision or hearing, which may impair their driving abilities; that the Drivers have maintained a clean driving record, free from any convictions of traffic-related offenses, for up to a minimum of five (5) years prior;
3. LEASE PERIOD
3.1 The User shall lease the Lease Vehicle for a period determined by the date and time as provided in the booking confirmation, which is generated via the Website. This duration is hereafter referred to as the “Lease Term”. The Lease Vehicle shall be returned to a mutually agreed location, and be punctually return on time, if not will be charged by CMS.
| Event | Additional Charges Rate |
| Late Return | RM100/per hour, over 3 hour = 1 day rental price charge |
| Smelling & cleaning fees, smoking (pet, durians, salted fish) | Charge RM300 |
4. Deposit & Charges
4.1 unlimited mileage for the usage of the Lease Vehicle during the Lease Term; maintenance costs for the Lease Vehicle; and The User must remit all payments to CMS in Ringgit Malaysia. These transactions shall be made to the designated bank account of CMS, in accordance with the provisions outlined in our Terms and Conditions.
4.2 CMS operating hours (8:00 AM to 10:00 PM) , if select our pick up fees and drop off fees will be charged by CMS.
4.3 In addition to the Lease Charges, the User is required to pay a security deposit (“Deposit”) upon booking. The amount of this deposit will be determined by the specifications of the Lease Vehicle and the duration of the Lease Term. Deposit ->When return car after 7working days will refund back. If not saman everything ok. The Deposit will refund to according customer given bank account.
5.TERM OF PAYMENT
6.1 In order to secure the Lease Vehicle booking made via the Website, a valid payment method, such as a Mastercard or Visa for credit or debit card, or any other payment method that CMS may deem acceptable (“Payment Instrument”) is required. Customer also can direct bank in company bank account as below;
PUBLIC BANK BERHAD
3229687126
CMS CAR RENTAL SDN BHD
6.CANCELLATION AND REFUND POLICY
n the event the User decides to cancel any booking of the Lease Vehicle that was made via the Website, any Lease Charges which were previously paid by the User may be eligible for a refund, subject to the following conditions:
6.1 If a customer makes an early booking but decides to cancel, we will retain the credit for one year. The customer must utilize it within this one-year period. If unused after one year, it will be considered void.
6.2 If a customer cancels the booking within 24 hours of the scheduled time, no refund will be provided.
For cancellations made several days in advance, a refund will be issued, subject to a 5% administrative fee.
Please note that all insurance purchases are strictly non-refundable.
7. RESPONSIBILITIES
7.1 that the User shall not use the Lease Vehicle: whilst under the influence of alcohol or drugs; for any purpose for which it is not expressly designed; for commercial purposes or sublease to other third parties; to participate in any race, test, or contest; in any manner whereby the Lease Vehicle will be loaded beyond its permitted capacity; for any illegal and/or unlawful purposes; and to carry any item(s) that will discharge any unpleasant odors including but not limited to pets, durians, and salted fish. Smoking in the Lease Vehicle is also strictly prohibited.
7.2 that the User shall not take the Lease Vehicle to Singapore, Thailand, Brunei, and Indonesia; that the User shall be liable for all missing, stolen, or broken parts and/or accessories of the Lease Vehicle; that the User shall be liable for the costs of replacement of any lost car key(s) and/or the costs for the creation of any additional car key(s) for the Lease Vehicle; The lease vehicle and refill the fuel tank upon return failing which CMS reserves the absolute right to deduct the paid Deposit. the User shall be solely liable for all parking fees, traffic fines, penalties or summonses incurred in respect of the Lease Vehicle during the Lease Term.
7.3 CMS Fuel policy (full tank to full tank). CMS provides full tank petrol to customer, when customer return car must full tank petrol, otherwise will be charged by CMS
8. LIABILITY REDUCTION OPTION (LRO)
8.1 Liability Reduction Option (LRO) also known as Collision Damage Waiver (CDW).
8.2 Liability Reduction here refers to the potential decrease in the sum you are obligated to reimburse (as in accordance with standard business practices for any car leasing transaction) in the event of an accident or theft. This reduction is made possible only via the subscription of our Liability Reduction Option (“LRO”), provided they align with the terms and conditions outlined in this Lease Agreement.
8.3 In the event of an accident or theft, provided that the User has lodged a police report within twenty-four (24) hours from the time of the accident or theft, following which the LRO comes into effect, CMS shall then be entitled to bill the User a convenience fee which is as per the table below (“Convenience Fee”).
8.4 Upon the User’s acceptance and subject to the terms and conditions stipulated herein, the User’s liability is REDUCED and LIMITED to the Convenience Fee as per the following:
| Group | Excess Fees (MYR) | LRO per day (MYR) | LRO per week (MYR) | LRO per month (MYR) |
| A | 2,500 | 15 | 91 | 360 |
| B | 4,500 | 20 | 126 | 480 |
| C | 6,500 | 30 | 196 | 780 |
| D | 8,500 | 40 | 252 | 1020 |
8.5 We would like to bring to your attention that for international travelers who have opted for international travel insurance, which covers incidents such as an accident or theft of their leased vehicle, CMS operates on a "reimburse-first, claim-later" policy. This means that international travelers are required to comply with our LRO and Excess Fee stipulations prior to seeking any claims or recompensation from their respective home country insurance providers for these incidents affecting the Lease Vehicle. The insurance will not cover damage due to negligence, tire punctures, burst tires, fuel errors, lack of electricity because of forgotten turned-off electrical devices, or loss or damage to the vehicle accessories. Should the User be offered a complimentary upgrade, the newly imposed LRO shall be adjusted to prorate with the upgraded Lease Vehicle’s class and specification. If the User chooses not to subscribe to LRO as mentioned in this section, CMS shall not be held liable for any claims of damages incurred or issued to the User during and after the Lease Term. It is not possible for the User to subscribe to LRO once they have commenced their Lease Term. Any purchase of LRO must be made before the Lease Term commences, and CMS reserves the right to deny LRO subscription requests after this timeframe.
9. TERMINATION OF AGREEMENT
This Lease Agreement will be subject to termination under the following circumstances:
In the event of the User’s (Lessee) failure to make timely Lease Charges payment or settle any outstanding amounts due hereunder this agreement;
If the User (Lessee) fails to adhere to or fulfill any terms, conditions, or covenants stipulated in this agreement herein;
If the User (Lessee), being an individual, faces any form of distress or execution levied on their possessions, or if the Lessee, 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.
10.GOVERNING LAW
This Lease 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.