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Copyright 2015 © Havana Gateway Sdn Bhd. Company Registration: 1087182-M

Terms & Conditions

Key Conditions for Use of Booking Engine (Drive.MY) – In Plain English

  1. The booking you are about to make through Drive.MY is a contract between you and the rental Agency. In no way is Drive.MY a party to the previously mentioned contract.
  2. You must be legally eligible to make a booking through Drive.MY. This means your driving license must be valid and you are eligible for insurance and you have the legal ability to enter a contract.
  3. By making a booking through Drive.MY, you give Drive.MY the arbitration right to assist in any decision making for any disagreement between you and the rental agency.
  4. We work hard with our rental partners to try our best to provide you with the car that you have selected during booking. However, please note that in 2-5% of the bookings, the car provided to you on the actual day of pick up may vary slightly (particularly colour and options). The car provided to you will be of similar grade or of higher grade.
  5. Cancellations are allowed but are only approved on a case-by-case basis. Contact us at least 1 week before your actual day of pickup to inform us of your cancellations. A small admin charge may apply. Cancellation may not be allowed for some bookings and those scenarios are listed in the full Terms & Conditions.
  6. We make every attempt to ensure the accuracy of the prices and promotions shown in Drive.MY. Prices may be changed at any time and you may not be informed of the change nor will you be eligible for a refund in any scenario. The ‘best deals’ described in Drive.MY are based on certain assumptions. It is your responsibility to determine the suitability of such assumptions.
  7. In addition, please be aware that it is common trade practice for the rental partners to add surcharges to their rental prices public holidays. Please allow the rental partner to at least one month to update the holiday prices. For more details, please read the full Terms & Conditions.
  8. Drive.MY reserves the right to not honour bookings or rental rates that are in error. In most cases, if the given rates vary by more than 20% from market rate, the rate is understood to be unreasonable low and is likely to be in error.
  9. When you make a booking at Drive.MY, you are guaranteed to have a vehicle during the actual day of pickup. Failing which, Drive.MY will compensate you up to 150% of the booking value. For more details, please read the full Terms & Conditions.
  10. Partners may reject bookings if a valid reason is provided. In such cases, our partners will do a full refund the customer for the booking and NO admin charges may apply. Some of the valid reasons are listed below in the full Terms & Conditions.

Conditions of Booking Engine use

IMPORTANT LEGAL NOTICE

INTRODUCTION

This legal notice applies to the entire contents of this booking engine. Please take some time to read these Terms and Conditions of Use (`Terms of Use`) as by using this booking engine you indicate your acceptance of these Terms of Use regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this booking engine. By using any part of Drive.MY`s booking engine, you shall be deemed to have accepted this legal notice in full.

This booking engine is powered by Drive.MY`s technology and allows you to use Drive.MY`s technology to book vehicles using our rental introductory services. By accepting the Terms of Use and/or using any part of this booking engine, you agree to conduct your use of this booking engine and the technology supporting it and provided on this booking engine in accordance with the Terms of Use and that the Terms of Use are an agreement between Drive.MY and you.

Drive.MY may revise this legal notice at any time by updating this posting. You should check the booking engine from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the booking engine.

This legal notice is issued by Havana Gateway Sdn Bhd; A Malaysia registered company for its service Drive.MY.

STOP USING THIS BOOKING ENGINE IMMEDIATELY IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF USE.

Drive.MY facilitates bookings for vehicle rental services. Drive.MY does not provide any vehicle rental introductory services and does not own or operate any vehicle rental companies. Your contract for vehicle rental will be between you and the rental vehicle provider. The terms and conditions of the rental agreement between you and the rental vehicle provider are available on this booking engine when you select the vehicle type and insert the other relevant information. Drive.MY makes no warranty or representation in relation to any rental vehicle provider or any vehicle rented by any rental vehicle provider. It is the rental vehicle provider`s sole responsibility to provide you with a rental vehicle rented on this booking engine.

All references to booking engine in these Terms of Use are deemed to include reference to all bookings made through Drive.MY`s call center.

FEE AND CHARGES

The credit card/administration charge if any which Drive.MY charges you is non refundable in all circumstances. It is the responsibility of the rental vehicle provider to process your reservation correctly. The accuracy of any quote for renting a vehicle provided by this booking engine and any booking made on this booking engine depends on the details you provide on this booking engine.

SERVICE ACCESS

While Drive.MY endeavours to ensure that the booking engine is normally available 24 hours a day, Drive.MY shall not be liable if for any reason the booking engine is unavailable at any time or for any period. Access to the booking engine may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Drive.MY`s control.

LIABILITY

In the event of a dispute between Drive.MY and you, our liability to you, if any, is limited to the amount of our introductory service fee you paid when booking the vehicle.

Drive.MY hereby excludes to the fullest extent permitted by law any warranties (whether express or implied), as to the quality, completeness, performance or fitness for a particular purpose of (i) any vehicle booked using this booking engine and (ii) this booking engine and any of its contents, including, but not limited to, any information relating to vehicle rentals contained within this booking engine and the technology supporting and provided on this booking engine. Drive.MY reserves the right to make alterations to the booking engine at any time. The information on this booking engine is updated from time to time. By using this booking engine you acknowledge that the rental details and all other information including, but not limited to, information relating to travel and holidays published on this booking engine may include inaccuracies or typographical errors.

Any booking you make for vehicle rental on this booking engine is made with a rental vehicle provider and not Drive.MY. Drive.MY and this booking engine only facilitate the making of reservations with the rental vehicle provider. Drive.MY is not a party to the contract between you and the rental vehicle provider and has no responsibility or liability (directly or indirect) to any party in respect of the terms of your contract with the rental vehicle provider or any problems arising with the vehicle rented pursuant to that contract or any other problems between you and the rental vehicle provider. On making a booking for a vehicle rental on this booking engine you are bound by and deemed to have accepted the terms and conditions of the relevant rental vehicle provider.

EXCEPT TO THE EXTENT CONTRARY TO LAW NEITHER Drive.MY NOR ANY OF OUR DIRECTORS, OWNERS, EMPLOYEES, AFFILIATES, TRAVEL PARTNERS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF ANY INFORMATION, PRODUCTS, SERVICES AND/OR THE MATERIALS OFFERED THROUGH THIS BOOKING ENGINE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES HOWSOEVER ARISING, EVEN IF Drive.MY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE.

The listing of any travel information or services or link in this booking engine is not and should not be taken as a recommendation from Drive.MY or a warranty or representation that the travel information or services will be of a certain standard or suitable for your purpose. Drive.MY shall in no way be liable to you in the event that the travel information or services are not suitable for your purpose. You should use your own discretion when utilising this information.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this booking engine, you undertake to Drive.MY that you will not use this booking engine for any purpose that is unlawful or prohibited by or contrary to the Terms of Use.

AGE AND RESPONSIBILITY

By using this booking engine you confirm that you are of sufficient legal age to use this booking engine and create binding legal obligations for any liability you may incur as a result of the use of this booking engine. In using this booking engine you understand that you are responsible, financially and otherwise, for all uses of this booking engine by you and those using your login information. Drive.MY recommend you protect your login information.

LINKS TO THIRD PARTY SITES

This booking engine may contain links to resources located on servers or websites operated by parties other than Drive.MY. If you use these links, you leave this booking engine (website). Such hyperlinks are provided for your reference and convenience only. The inclusion of hyperlinks on this booking engine to other websites or servers does not imply any endorsement of the material on such websites or servers (including but not limited to material relating to travel information or services) or any association with their operators. Drive.MY does not control and is not responsible for such websites or the servers or the parties operating such websites or servers and accordingly Drive.MY accepts no responsibility or liability for any material contained on those servers or websites, or the accuracy or legality of information contained on other websites or servers. You will need to use your own discretion when communicating and utilising services from these other websites or servers. If you decide to access any of the third party websites linked to this booking engine (website), you do so entirely at your own risk.

BOOKING CONDITIONS

Please read the following conditions which apply to reservations/bookings made by you for vehicle rental through this booking engine.

A. Making a Booking

Drive.MY operates on multiple processing model, so there are three types of business payment models when making a booking as described below:

  1. You pay a booking deposit at the time of making your booking and the balance is paid to the rental vehicle provider on arrival; or
  2. You pay the entire rental cost of the rental vehicle at the time of making your booking and you only pay for fuel petrol/ diesel and optional extras on arrival; or
  3. You pay nothing at the time of making your booking. Drive.MY will make the reservation on your behalf without receiving any money and you will pay the rental vehicle provider the entire cost of the rental vehicle at the time of your arrival.

The payment model for your booking is dependant upon the location and/or rental vehicle provider used and you will be informed of any up front payment prior to completing your booking. Where applicable you are responsible for paying the balance owing to the rental vehicle provider. At all times you are responsible for payment of any additional services/costs requested by you and you are responsible for any other service charges applied by said rental vehicle provider. You must use a PayPal (credit card or debit card if available for processing within Drive.MY) to avail of the introductory service provided by this booking engine. Please note that not all rental vehicle providers will accept PayPal (credit card or debit card when available in Drive.MY). On making a booking with your PayPal (credit or debit card when available) through this booking engine, you agree that if the booking made on this booking engine is cancelled (at any time before the commencement of the booking), the entire monies transacted will be retained by Drive.MY and will not be refundable.

Therefore, Drive.MY will not be responsible for providing a refund of the rental amount and you hereby acknowledge that Drive.MY has no liability to refund the total rental amount in any circumstances. If you need to make any alterations to your booking Drive.MY must receive a communication through Drive.MY Support from you through the booking engine, and the communique clearly informing Drive.MY of the precise details of such alteration. Drive.MY does not guarantee said alterations can be processed; however every effort will be made to meet with a favourable outcome. Alterations cannot be processed after collection of the vehicle. Drive.MY is unable to offer you a refund if you end your rental early. In the event that you require to extend the rental period after the collection of your rented vehicle (dates not covered by the Drive.MY booking made on your behalf), you must pay directly to the car rental agency the required rental rates by the rental agency which are prevailing at that time. On making a booking/reservation it is your responsibility to inform the rental vehicle provider if necessary of any physical or mental condition relevant to vehicle rental. In the event of an accident, there may be insurance implications if you fail to inform the rental vehicle provider of the condition. You will be required to present on collection of your rented vehicle, a full and valid drivers license from Malaysia, a valid passport and a valid payment mode with renters (drivers) name. In the event of a failure to present the required documents, the car rental agent may refuse the car and no funds paid will be reimbursed to you. If you make a booking but do not collect the vehicle, no funds paid will be reimbursed. Please be advised that in the event of a delayed arrival it is the customer`s responsibility to contact car rental agent. In the event of a flight cancellations or delay or any other conditions that may delay you, Drive.MY will not be held responsible for the funds paid. The refunds must be claimed from the (if applicable) holiday insurance.

B. Confirmation of Booking

When your booking is confirmed, Drive.MY will issue the booking confirmation on behalf of the rental vehicle provider for each booking, but does not undertake to include charges for additional services or details of the service charge or taxes charged by the rental vehicle provider or additional services requested by you at the collection point. Drive.MY recommends that you thoroughly check the details of the booking e.g. location and period of rental. If there are any discrepancies, you should immediately send a communication through our Website engine clearly informing Drive.MY of the exact details of such discrepancy. Drive.MY advises that you read and comply with the rental vehicle provider`s terms and conditions (which are available on this booking engine but may be changed by the rental vehicle provider from time to time) upon which the rental vehicle provider makes the reserved vehicle available to you upon receipt of the booking confirmation. The reservation numbers included on the booking confirmation should be quoted in all enquiries, cancellation or modification of the booking.

C. Cancellations

Cancellations of bookings made through Drive.MY are not allowed. No cancellations are allowed, regardless of time period of cancellation before the actual commencement of the booking. This is similar to Movie Bookings where tickets purchased online are non-refundable. Thus, you must be absolutely sure that you wish to make a booking before you make a booking through Drive.MY. In addition, monies collected by Drive.MY on a booking that expired without being utilised (i.e., car was not collected by the end of the booking period) is non-refundable.

It is the responsibility of the consumer to personally cancel any other ancillary product that they may have purchased in conjunction (Side by side) with their vehicle reservation, i.e. EXCESS COVER INSURANCE through third parties like NTUC, should they no longer required such services.

However, in light of the enhanced cooperation agreements between our rental partners and Drive.MY, cancellations are allowed but are only approved on a case-by-case basis. Contact us at least 1 week before your actual day of pickup to inform us of your cancellations. A small admin charge may apply.

Cancellation may not be allowed for these bookings:

  1. Peak period bookings, such as those for Chinese New Year, Hari Raya Puasa or the F1.
  2. Bookings for weddings, corporate function and other events where costs involved are beyond the rental of the car.
  3. Bookings that are less than 24 hours away.
  4. When the rental partner have a more stringent cancellation policy than those stated here.

Finally, if the request for cancellation is not approved. No refund or partial refund will be issued.

D. Pricing

Drive.MY makes every effort to ensure that prices quoted at the time a booking is made on this booking engine are accurate in all material respects. Nonetheless Drive.MY reserves the right to amend the price quoted at the time a booking is made in the event of a manifest or patent error in the price quoted. Drive.MY will endeavour to notify the customer as soon as reasonably practicable (12 business hours in most cases) in the event that a price quoted at the time of booking is incorrect. In the event of a change of price quoted at the time of booking the customer may elect to pay the amended price or alternatively the customer will be entitled to a refund of all sums paid.

Furthermore, please be aware that it is common trade practice for the rental partners to add surcharges to their rental prices public holidays. Please allow the rental partner to at least one month to update the rental prices. I.e., if make a booking six weeks away from the pick up date, and the actual price increases, then you may need to pay the difference. Furthermore, for peak periods such as Chinese New Year, Hari Raya Puasa or the F1, please allow the rental partner at least two months to update their rental prices.

In addition to the paragraph above, if you have made the booking before the update is done and

  1. if the actual price is lower, Drive.MY will refund you the difference,
  2. if the actual price is higher, Drive.MY may assist you, the consumer, by requesting the rental partner to provide you the car at the same price. Failing which, Drive.MY may opt to reimburse you up to 50% of the price difference. (Applicable for short-term car rentals only)

Electronic pricing error protection - Drive.MY reserves the right to not honour bookings or rental rates that are in error. In most cases, if the given rates vary by more than 20% from market rate, the rate is understood to be unreasonable low and is likely to be in error.

E. Rejection of booking by our partners:

Partners may reject bookings if a valid reason is provided. Reasons may include 1) record of bad driving, 2) history of non-payment, 3) incorrect particulars provided, 4) unreasonable and/or abusive customer behaviour, 5) failure to provide necessary additional personal information when requested, 6) other reasons that may prevent the customer from properly and fairly operating the rental vehicle. If agreed upon by the customer, the partner may request for a larger than normal security deposit for the use of the vehicle. Finally, our partners must refund the customer in FULL for the booking if the booking is cancelled by their rejection. No admin charge may apply.

F. Drive.MY,s Booking Guarantee

Drive.MY,s Booking Guarantee is extended to all short-term car rental booking made on the Drive.MY,s booking platform. When you make a booking at Drive.MY, you are guaranteed to have a vehicle during the actual day of pickup. Failing which, Drive.MY will compensate you up to 150% (or up to SGD 300 whichever is lower) of the booking value. This compensation is limited and is meant to provide the customer sufficient montetary reimbursement while he spend up to a day in seeking for a viable alternative to his original booking. This can also be interrepted as Drive.MY providing a compensation that is equivalent to up to one day rental of the original booking.

This compensation is not applicable if:

  1. Drive.MY has provided you with fair alternatives (e.g. suitable replacement car, replacement car with fair increase in cost, etc) and you choose not to accept these alternatives.
  2. The booking cannot be completed due to incidents beyond the control of Drive.MY. E.g., the car that you have booked has met with a car accident, natural diasters, etc.
  3. The booking has been classified as having errors (or incorrections).

G. Complaints Procedure:

Complaints are accepted in writing only and must be logged to Drive.MY Support and received within 30 days of completion of booking(drop-off date of the rental vehicle). Complaints received after this period will not be processed.

NO LIABILITY IN CREDIT CARD OR DEBIT CARD TRANSACTIONS

Drive.MY endeavours to ensure that all credit card and debit card transactions on this booking engine are secure. HOWEVER, if unauthorised charges appear on your credit card or debit card statement for any card used on this booking engine at any time during or after you make your reservation, conduct your transaction or disclose your card details on this booking engine, Drive.MY shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, subject only to any statutory rights which you may have. Please note this booking engine is secured on the Paypal`s end.

COPYRIGHT, NOTICE AND LIMITED LICENCE

All of the information within this booking engine including but not exclusive to, content, text, graphics, images, trade names, structure, photographs, buttons, artwork, computer code are protected by copyright, various intellectual property laws and laws under law and international treaties and is only available to you for personal purposes. Unless you have received written consent from Car Trawler to the contrary, you may only use the booking engine and its content for personal, non-commercial purposes. You do not have permission to modify copy, distribute, collate, transfer, reproduce or display any of the above for personal or business use. In particular, by proceeding to access this booking engine, you agree:

  1. Not to use the booking engine to make any speculative or false reservation;
  2. Not to use the booking engine to research suppliers or suppliers pricing;
  3. Not to use the name "Drive.MY" or any Drive.MY branding for commercial purposes without obtaining prior written permission from Drive.MY; and
  4. Not to reproduce material from this booking engine (Website`s) for commercial purposes.

DISCLAIMER

This booking engine is made available to users as it is and Drive.MY makes no warranties or representations that (i) this booking engine or the technology (servers etc.) making it available and supporting it will be without fault or defects or (ii) the information posted on this booking engine is free from infection by viruses or anything else with contaminating or destructive properties. Drive.MY accepts no liability for any infection or effects from harmful applications such as, but not limited to, viruses, Trojans, tampering, fraud or theft, error, technical failure, omissions, delay, unauthorised access or any event which corrupts the acceptable administration, communication and integrity of this booking engine.

WAIVER

Our failure to enforce at any time or for any period any one or more of the Terms of Use shall not be a waiver of them or the rights attaching to any of them.

HEADINGS AND Drive.MY

The headings used in these Terms of Use are for reference only and shall not affect the meaning or scope of these Terms of Use. Drive.MY is a business name owned by Havana Gateway Sdn Bhd and all references to Drive.MY in these Terms of Use are deemed to include reference to Havana Gateway Sdn Bhd. All references to booking engine (Website) in these Terms of Use are deemed to include reference to all bookings made through Drive.MY`s call center.

MODIFICATION OF THE TERMS OF USE

Drive.MY reserves the right to change the Terms of Use and the contents of this booking engine for any reason and without prior notice and without liability to you, any other user or any third party. This right shall not affect the Terms of Use accepted by you, the user, upon making a legitimate booking or purchase using this booking engine. You should check these Terms of Use for any changes each time you access the booking engine. The rental vehicle provider may from time to time change its terms and conditions (which are available on this booking engine) upon which the rental vehicle provider makes the reserved vehicle available to you. Drive.MY is not responsible and shall have no liability if the rental vehicle provider`s terms and conditions available on this booking engine have been or are changed by the rental vehicle provider.

GENERAL TERMS AND CONDITIONS

The Terms of Use and your use of and access to this booking engine are governed by the laws of the Malaysia. The courts of the Malaysia shall have exclusive jurisdiction over all disputes arising between you and Drive.MY out of or relating to your use of this booking engine. Use of this booking engine is unauthorised in any jurisdiction that does not give effect to all provisions of the Terms of Use including without limitation this paragraph. You agree that no relationship, partnership, employment, or agency relationship exists between you and Drive.MY as a result of the Terms of Use or your use of this booking engine. Our performance of the Terms of Use is subject to existing laws and legal process and nothing contained in this agreement shall prevent Drive.MY complying with any law enforcement or governmental authorities requests or requirements relating to your use of this booking engine or information provided to or gathered by Drive.MY with respect to such use and Drive.MY shall have no liability in respect of such compliance. Although Drive.MY cannot monitor the conduct of its user`s offsite, it is a violation of these Terms of Use to use any information obtained from this booking engine in order to harass, abuse or harm other persons, or in order to contact, advertise to, solicit or sell to any user or person without their prior express consent.