TERMS AND CONDITIONS FOR CAR LEASING (“TERMS AND CONDITIONS”)

 

1. INTRODUCTION

1.1 WAHDAH is registered under Wahdah Technologies Sdn Bhd, a company founded and incorporated in Malaysia with its business address located at No. 9, Jalan MH 3, Taman Muzaffar Height, 75450 Ayer Keroh, Melaka (hereinafter referred to as “WAHDAH”).WAHDAH operates via an integrated online platform, offering comprehensive car leasing services to both domestic and international travelers. Our core business revolves around facilitating seamless transportation solutions for our customers, ensuring they enjoy their journey with the utmost convenience and comfort (“the Business”).

1.2 You (as “the User”), hereby agree to lease a vehicle from WAHDAH (“Lease Vehicle”), whereupon the details and specifics of the Lease Vehicle will be determined by your preferences, which you have expressed via WAHDAH's official website, located at http://www.wahdah.my (“the Website”). Wahdah agrees to provide the Lease Vehicle for lease to you, in accordance with the provisions outlined in these Terms and Conditions.

1.3 By utilizing this website and the services offered by WAHDAH, the User implicitly agrees to the provisions outlined in these Terms and Conditions. The User's engagement with the website signifies their understanding and acceptance of these stipulations.

1.4 The User acknowledges and accepts that WAHDAH holds the unequivocal authority to modify, revise, and/or amend any clauses 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 WAHDAH's services, subsequent to any modifications, revisions, or amendments to these Terms and Conditions, will be deemed as the User's acceptance of such changes.

 

2. REQUIREMENTS 

2.1 WAHDAH 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 WAHDAH, (hereinafter collectively referred to as “Drivers”). The User hereby undertakes and covenants with WAHDAH as follows:-

(a) that the Drivers of the Lease Vehicle must fall within 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 drivers be aged within the range of twenty-five (25) to sixty-five (65) years;

 

 

(b) that the Drivers hold a valid ‘Competent Driving License’ (“CDL”) for Malaysian citizens.

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. (For more information regarding this matter, kindly visit our FAQs at https://www.wahdah.my/help/topic/52/foreign-driving-license-recognition-in-malaysia)

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 WAHDAH 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. 

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.

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; 

(c) that the Drivers are not probationary license holders;

(d) 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;

(e) 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; or

(f) that the Drivers are required to meet the medical examination standards set by The Road Transport Department (JPJ) Malaysia and/or a certified medical practitioner to determine their fitness to drive. WAHDAH would only permit users aged 65 years and above to drive, provided they can demonstrate that they are frequent drivers on the road. Otherwise, supporting documents (to be disclosed at the discretion of WAHDAH) from a licensed medical practitioner are necessary to validate their physical fitness for driving. 

 

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”.

3.2 The User hereby agrees to return the Lease Vehicle to WAHDAH punctually, adhering to the agreed Lease Term's expiration. The Lease Vehicle shall be returned to a mutually agreed location, as designated in the booking confirmation, hereafter referred to as the “Return Location”.
 

4. MODIFICATION OF BOOKING CONFIRMATION

4.1 The User hereby acknowledges and consents that should they wish to request any of the following services from WAHDAH:

(a) extension of the Lease Term; or

(b) to register additional person(s) as registered driver(s) of the Lease Vehicle; or

(c) to change the pick-up and/or return date;

(d) or to change the pick-up location and/or Return Location;

Such request MUST be communicated to WAHDAH prior to the expiry of the Lease Term. These requests shall be subject to WAHDAH’S prior written approval. Failure to comply with these conditions may result in WAHDAH imposing penalty charges on the User, at the rate as per described below:

 

 

5. CHARGES

5.1 Lease Charges

(a) The lease charges for the Lease Vehicle shall be based on the booking confirmation made by the User via the Website depending on the specification of the Lease Vehicle and the duration of the Lease Term (“Lease Charges”).

(b) The minimum Lease Charges for the Lease Vehicle shall be based on the rate for a minimum of twenty-four (24) hours of the Lease Term. Both parties hereby concur that any additional hours will be calculated upon booking at one-fifth of the daily rate per hour up to a maximum of five (5) hours after booking.

(c) The Lease Charges shall include but not be limited to the following:

(i) unlimited mileage for the usage of the Lease Vehicle during the Lease Term;

(ii) maintenance costs for the Lease Vehicle; and

(iii) passenger liability protection with insurance coverage of third-party property damage and third-party bodily injuries

(d) The User acknowledges and accepts that should they choose to return the Lease Vehicle ahead of the agreed upon Lease Term, WAHDAH is under no obligation to refund or adjust the Lease Charges prorated for the underutilized period within the Lease Term.

(e) Where a complimentary upgrade shall be extended to the User, any subsequent charges incurred due to an extension or delayed return will be prorated with the rates applicable to the upgraded fleet vehicle.

(f) The User must remit all payments to WAHDAH in Ringgit Malaysia. These transactions shall be made to the designated bank account of WAHDAH, in accordance with the provisions outlined in our Terms and Conditions.

(g) WAHDAH provides a premium service best suited for international Customers desiring to collect the Lease Vehicle outside of WAHDAH Operating Hours (7:00 AM to 11:00 PM). This premium service, known as the Odd Hours Pickup, will incur an additional charge (“Odd Hour Fees”) unto the Customers. The request for Odd Hours Pickup shall be duly communicated by Customers before their arrival at the Airport with our dedicated WAHDAH Operators and upon which the procedures, as well as the chargeable Odd Hour Fees, shall be clearly explained or informed about, all in all, to ensure a seamless booking experience for our valued Customers.

(h) Cross-District Charges (Sabah & Sarawak): At WAHDAH, we offer unlimited mileage for driving within the confines of Sabah and Sarawak districts. However, it's important to note that traversing across districts will incur additional charges. The road conditions in Sabah and Sarawak differ significantly from those in West Malaysia. The majority of these roads are non-asphalt and dirt roads, which can lead to higher car maintenance costs. Furthermore, WAHDAH assumes the risk of potential car breakdowns. The associated road assistance and towing fees in these rural areas can be quite steep. If you intend to travel across districts, we recommend purchasing an add-on at the time of booking. Kindly select the furthest district you plan to drive to from the add-on list during the booking process. Please note that cross-border charges will apply as per the details provided at: https://support.wahdah.my/article/is-there-any-mileage-cap-on-driving-in-sabah-and-sarawak

5.2 Deposit

(a) 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. 

(b) Deposit shall be refunded by WAHDAH via our withdrawal features to the User’s “WaCash Account” after ten (10) days from the date when the Lease Vehicle is returned to WAHDAH.

5.3 Penalty Charges

*Penalty Charges to be incurred

 

6. 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 WAHDAH may deem acceptable (“Payment Instrument”) is required. 

6.2 The User hereby acknowledges that WAHDAH reserves the absolute and unequivocal right to cancel and/or terminate any booking made by the User should they fail or be unable to comply with the provisions of this Clause.
 

7. CANCELLATION AND REFUND POLICY

7.1 Any cancellation of booking that has been made by the User for Lease Vehicle via the Website can be made by the User by sending an email to WAHDAH or a telephone call to our hotline. Official contact details for WAHDAH are as follows:

Email : support@wahdah.my

Hotline : +6016 277 4594

Please note that all cancellation requests MUST be communicated directly to WAHDAH through the provided channels above as we are fully committed to ensuring a smooth and efficient transaction process for our users.

7.2 In 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:

(a) Full refund

(i) In the event, the User has canceled the booking more than 24 hours before vehicle pick-up time.

(b) Partial refund

(i) For any booking cancellation that occurs within 24 hours before the vehicle pick-up time as stated in the booking confirmation, a penalty amounting to one (1) day’s worth of paid Lease Charges will be applied. This is calculated from the base price not taking into account any promo codes and referral discounts. Additionally, customers are responsible for a 5% processing fee for each cancellation of the total amount paid. However, any insurance purchased by the User in this instance shall not be subjected to a refund.

(c) No refund

(i) No refund of paid Lease Charges would be applicable in the event the User cancels the booking after vehicle pick-up time, or in the event of a "No Show".

(ii) No refund of paid Lease Charges would be applicable in the event the User decides to change (downgrade) the specification of the Lease Vehicle one day before the vehicle pick-up time.

(iii) No refund of paid Lease Charges would be applicable in the event the User fails to provide the registered Drivers to collect the Lease Vehicle as per the scheduled booking.

(iv) No refund of paid Lease Charges would be applicable in the event the User neglects to collect the Lease Vehicle without prior notice.

7.3 In the event the User chooses to claim for refund of any Lease Charges which was paid by the User, such claims may be refunded subject to the following conditions of the refund process;

(a) The User shall contact WAHDAH within the stipulated time stated in the refund policy above to document the issue and place a hold on any Lease Charges which was paid by the User. 

(b) The User shall include the invoice and/or other evidence of the issue as part of the claim.

(c) The User shall respond to requests for further additional information and cooperation from WAHDAH.

(d) The User shall have exhausted all reasonable efforts and/or remedies to remedy the leasing issue with the Drivers or person in charge prior to making a claim, including notifying WAHDAH of said issue.

(e) WAHDAH shall notify the User regarding transaction of refund via email. The amount of any Lease Charges paid by the User will be credited to the User’s WaCash account after the Lease Vehicle returns. For deposit, the User will be able to withdraw after 10 days from when the Lease Vehicle has been returned to WAHDAH.

 

8. RESPONSIBILITIES

8.1 The User hereby undertakes and covenants with WAHDAH as follows:

(a) that the User shall not use the Lease Vehicle:

(i) whilst under the influence of alcohol or drugs; 

(ii) for any purpose for which it is not expressly designed;

(iii) for commercial purposes or sublease to other third parties;

(iv) to propel or tow any vehicle or other object;

(v) to participate in any race, test, or contest;

(vi) in any manner whereby the Lease Vehicle will be loaded beyond its permitted capacity;

(vii) for any illegal and/or unlawful purposes; and

(viii) 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. The User shall be liable to reimburse the Company for all costs incurred in accordance with Clause 5.3 above to eliminate such odors and the loss of leasing days of the Lease Vehicle;

(b) that the User shall not do or attempt to do any acts which may infringe upon the interests of WAHDAH in the Lease Vehicle including but not limited to selling, rent, removing, replacing or disposing of the Lease Vehicle and/or any parts thereof;

(c) that the User shall not do or attempt to do any act which may affect the policy or policies of insurance on the Lease Vehicle;

(d) that the User shall not affect any mechanical or other modification to the Lease Vehicle, make any alterations or additions, or fit any towing equipment or other accessories or non-standard tires to the Lease Vehicle without the prior written consent of WAHDAH;

(e) that the User shall not remove or interfere with any identification marks or plates affixed to the Lease Vehicle, nor attempt nor permit the same;

(f) that the User shall not deface the paintwork or bodywork of the Lease Vehicle nor add or erect any painting, sign-writing, lettering, or advertising to or on the Lease Vehicle;

(g) that the User shall not take or allow the Lease Vehicle to be taken out of Malaysia without the prior written consent of WAHDAH, and in the event such written consent is being given, WAHDAH may impose such terms and conditions as it may deem fit;

(h) that the User shall not take the Lease Vehicle to Thailand, Brunei, and Indonesia;

(i) that the User shall also be prohibited from boarding the Lease Vehicle onto other modes of transportation via sea, river, and air for usage from the mainland including but not limited to Langkawi, Tioman, Redang, and Pangkor Island;

(j) that the User shall not repair the Lease Vehicle without obtaining written permission from WAHDAH;

(k) that the User shall bear the cost of the repair or rectification of any damage to the Lease Vehicle resulting from the negligence or intentional act or vandalizing act or improper use of the Lease Vehicle by any of the Drivers;

(l) that the User shall be liable for all missing, stolen, or broken parts and/or accessories of the Lease Vehicle;

(m) 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;

(n) that the User shall immediately notify WAHDAH in the event of theft or any defect or damage to the Lease Vehicle has been detected during the Lease Term;

(o) that the User shall return the Lease Vehicle at the specified location at the end of the Lease Term and ensure the condition of the Lease Vehicle is as at the commencement of the Lease Term;

(p) that the User shall look after the Lease Vehicle and ensure that it is properly locked and secured and parked in a safe place when not in use during the Lease Term;

(q) the User shall exercise responsibility in attending to and safeguarding of all personal belongings;

(r) the User shall ensure the type of fuel is appropriate for the Lease Vehicle and refill the fuel tank upon return failing which WAHDAH reserves the absolute right to deduct the paid Deposit or any part thereof for such refill;

(s) 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, WAHDAH will charge the maximum amount;

(t) that the User shall not leave any personal belongings in the Lease Vehicle at the time of returning the Lease Vehicle to us and WAHDAH shall not be liable and/or responsible for such personal belongings in the event of losses upon returning the Lease Vehicle to WAHDAH;

8.2 Fuel

(a) the User must use the appropriate type of fuel for the Lease Vehicle at all times.

(b) the Lease Vehicle must be returned with the amount of fuel equal to that at the time of commencement of the Lease Term.

(c) if the Lease Vehicle is returned with less fuel, the difference shall be deducted from the deposit and potentially charged at a rate, which may include a service component unless prior arrangements have been made.

(d) should there be a discrepancy in the fuel level as recorded by the User, our Inspection Report shall be deemed to reflect the correct one.

8.3 WAHDAH hereby undertakes and covenants with the User as follows:

(a) to maintain the Lease Vehicle in accordance with the manufacturer’s recommended standards;

(b) to examine and ensure that the Lease Vehicle is in a roadworthy condition and suitable to drive during the Lease Term;

(c) to complete the e-inspection form(s) upon pick up and return of the Lease Vehicle;

(d) that the Lease Vehicle has valid insurance coverage during the Lease Term;

(e) and in the event that the Lease Vehicle encounters an accident or breakdown, WAHDAH commits to providing a replacement for the Lease Vehicle of a similar class and specification. If the replacement Lease Vehicle is of a downgrade due to WAHDAH being unable to provide a vehicle of the same class or specification as the initial Lease Vehicle, WAHDAH shall therefore compensate the User. This reimbursement will be credited in the form of “WaPoints”, added to the User's WaCash account. Note that WAHDAH will only proceed to replace the Lease Vehicle if only mutually agreed upon by the User.

 

9. LIABILITY REDUCTION OPTION (LRO)

9.1 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.

9.2 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, WAHDAH shall then be entitled to bill the User a convenience fee which is as per the table below (“Excess Fee”).

9.3 Upon the User’s acceptance and subject to the terms and conditions stipulated herein, the User’s liability is REDUCED and LIMITED to the Excess Fee as per the following:

(a) Our Liability Reduction Option (LRO) shall extend to cover:-

(i) Any insurance-related costs if applicable;

(ii) Downtime (Assessed Repair Time) of Lease Vehicle being held in the Workshop; 

(iii) Loss of Use (to recoup forfeited revenue while the Lease Vehicle is in the Workshop).

 

 

9.4 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, WAHDAH 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.

9.5 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.

9.6 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.

9.7 If the User chooses not to subscribe to LRO as mentioned in this section, WAHDAH shall not be held liable for any claims of damages incurred or issued to the User during and after the Lease Term.

9.8 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 WAHDAH reserves the right to deny LRO subscription requests after this timeframe.

 

10. INSURANCE

The User may also purchase Zurich Travel Insurance (Z-Travel Domestic/Inbound Policy), as provided by Zurich General Insurance Company Berhad.

AGE ELIGIBILITY

The insurance coverage shall extend to any insured persons as young as 30 days old and up to 80 years old. However, it should be noted that if the insured person is 70 years or older at the start of the insured journey, they will only be eligible for 50% of BENEFIT A - Accidental Death and Permanent Disablement.

COVERAGE DETAILS

It is hereby declared and agreed that the Table of Benefits, as outlined in the Group Personal Accident Insurance Policy Wording, is amended to be read as follows, unless otherwise stated: -

BENEFIT A – Accidental Death and Permanent Disablement.

 

 

11. CONDITIONS OF LEASE VEHICLE USAGE

• The Lease Vehicle must not be driven by any individuals who have provided WAHDAH with false identification, including but not limited to, a fictitious name, incorrect age, or inaccurate address.
• The Lease Vehicle shall only be driven by person(s) explicitly named in the agreement or those authorized in writing by WAHDAH. All drivers must possess a valid, full driving license that has been held for at least one year.
• Individuals holding a probationary license are strictly prohibited to drive a Lease Vehicle from WAHDAH.
• The Lease Vehicle must not be used for commercial hire, illegal activities, off-road driving, racing, pacemaking, test drive, reliability and speed testing, towing other vehicles or trailers, or for teaching driving lessons. It is also strictly forbidden to drive the vehicle under the influence of alcohol, drugs, or other illegal substances as determined by the authorities.
• The Lease Vehicle must not be used to transport a number of passengers and/or baggage that could potentially overload the vehicle or to transport goods in violation of customs regulations or in any illegal manner as determined by the authorities.
• The Lease vehicle is not permitted to enter Thailand under any circumstances.
• The Lease vehicle must not be exposed to strong odors that could cause discomfort to future users, such as durian, salted fish, perfume, or materials used in religious practices.

 

12. RESTRICTED ENTRY

At WAHDAH, we prioritize your safety and the integrity of the Lease Vehicle. As such, we regret to inform you that our vehicles are not permitted to be driven into Thailand, Brunei, Indonesia, and generally Singapore. Furthermore, our vehicles are not allowed to be transported via sea, river, or air for use from the mainland to destinations such as Langkawi, Tioman, Redang, Pangkor Island, and others. However, we understand the need for flexibility and convenience. Hence, we do offer the possibility of crossing the border to Singapore, subject to the procurement of our alternative and its conditions, in which WAHDAH offers an array of services to facilitate your journey across the Singaporean border. These offerings extend beyond the ordinary, with our shuttle service being a prime example of our commitment to ensuring a seamless travel experience. This is to ensure that your journey remains without any hassle, while also adhering to any travel regulations, as well as our safety and usage policies.

 

13. LEASE-IT-HERE, LEAVE-IT-THERE

Our Customers can now experience the convenience of our "Lease-It-Here, Leave-It-There" service. In this situation, a minimum lease period of two days applies, and a repositioning fee will be assessed based on the distance traveled for a one-way lease. Comprehensive details regarding charges and procedures will be provided upon your online inquiry. Please note, this service is exclusively available between our various WAHDAH locations and coverage areas.

 

14. RETRIEVAL OF CLAIMS, ISSUANCE OF LETTER OF DEMAND

In the unfortunate event of an accident involving the Lease Vehicle, the claim retrieval process will commence once the vehicle is taken to the workshop for repairs. This process begins with WAHDAH notifying you, the user and driver, of the situation. If you fail to respond to our initial notification, we will send a follow-up message via WhatsApp, and subsequently, an email. Please note that non-responsiveness to these notifications will result in a deduction from your deposit. This deduction will be made within 10 days following the return of the Lease Vehicle to WAHDAH. Should the deposit deduction be insufficient to cover the repair costs as invoiced by the workshop, WAHDAH will issue a notice to your contact details to retrieve the necessary amount. We will make up to three (3) attempts to issue this notice. In circumstances of continued non-responsiveness, WAHDAH will then issue a formal Letter of Demand, seeking reimbursement from you. Persistent failure to respond or comply will ultimately lead to WAHDAH pursuing legal action against You, as the User and the Driver. Please be aware that this process is designed to ensure the smooth operation of our services and the fair treatment of all our customers. We appreciate your understanding and cooperation.

 

15. 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.

16. 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.

 

 

*Last Updated on 1st April 2024