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;
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(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:
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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
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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.
(v) No refund or adjustment of difference shall be made for any reduction in the rental period if the User requests modification to shorten the rental period less than 24 hours prior to the scheduled pick-up time.
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).
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15 |
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20 |
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480 |
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30 |
196 |
780 |
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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.
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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. PROCESSING AND ADMIN FEES
15.1 Imposition of Processing Fees
WAHDAH reserves the right to impose administrative or processing fees in the event of any issues arising during the Lease Period. These fees are designed to cover the administrative costs incurred by WAHDAH in managing such issues. The minimum processing fee is MYR 5.00, with the maximum fee being up to 10% of the total claim or case payment.
15.2 Traffic or Parking Violations
In the event that a traffic or parking violation occurs during the Lease Period, WAHDAH will handle the necessary communications with the relevant traffic authority. An administration fee will be charged to the User for processing the related documents and informing the authorities. This fee covers the cost incurred by WAHDAH for managing these violations, and the maximum allowable amount will be charged for such claims.
15.3 Minor Damages to the Lease Vehicle
Should the Lease Vehicle sustain minor damages during the rental period, an administrative charge will be imposed on top of any repair costs. This "immobilization" charge compensates WAHDAH for the period during which the vehicle is off the road and unavailable for rental due to repairs. This fee helps cover the operational costs associated with vehicle downtime.
15.4 Missing Fuel
WAHDAH operates a 'full-to-full' fuel policy. If the Lease Vehicle is returned without a full tank of fuel, the Userr will be charged for the cost of refueling. Additionally, an extra fee will be applied to cover the cost of having an employee fill the tank. This processing fee ensures that WAHDAH can maintain operational efficiency and service quality.
15.5 Calculation and Payment of Processing Fees
The processing fees outlined in clauses 15.2 to 15.4 shall be calculated based on the specific circumstances of each incident. The minimum processing fee for any issue is MYR 5.00, and the fee may go up to 10% of the total claim or case payment. These fees will be deducted from the User’s deposit or charged directly to the User if the deposit is insufficient to cover the costs. Users will be notified of the exact fee amount via email or other communication channels as deemed appropriate by WAHDAH.
16. 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.
17. 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 19th August 2024
For the purposes of this document we have given the following words or expressions particular meanings:
1. WAHDAH refers to Wahdah Technologies Sdn Bhd, a company founded and incorporated in Malaysia, providing car leasing services through its integrated online platform.
2. User refers to Customers or individuals utilizing WAHDAH's services and agreeing to lease a vehicle through the official website.
3. Lease Vehicle refers to the vehicle leased by the User from WAHDAH, the details of which are determined by the User's preferences expressed on the official website.
4. Website refers to WAHDAH's official website located at http://www.wahdah.my, through which Users can access and engage with WAHDAH's services.
5. Lease Term refers to the period for which the User agrees to lease the vehicle, as specified in the booking confirmation generated via the Website.
6. Return Location is the designated location where the User agrees to return the Lease Vehicle at the end of the Lease Term.
7. Drivers are Individuals authorized by the User, registered via the Website, and permitted by WAHDAH to drive the Lease Vehicle.
8. Competent Driving License (CDL) refers to a valid driving license for Malaysian citizens, as required by WAHDAH.
9. International Driving Permit (IDP) is required for non-Malaysian citizens whose licenses do not fall under the ASEAN category, allowing them to drive in Malaysia.
10. Odd-Hours Premium is the additional charge for international customers opting to collect their Lease Vehicle outside of WAHDAH Operating Hours.
11. Lease Charges are fees associated with leasing the vehicle, including mileage, maintenance, and insurance coverage, as specified in the booking confirmation.
12. Deposit refers to security deposit required from the User upon booking, refundable after the return of the Lease Vehicle, subject to terms and conditions.
13. Penalty Charges are charges imposed on the User for late returns, changes to the booking, or other specified events, as outlined in the Terms and Conditions.
14. Payment Instrument is a valid payment method required to secure the Lease Vehicle booking, including credit or debit cards accepted by WAHDAH.
15. Cancellation and Refund Policy specifies the conditions under which Users can cancel a booking and the applicable refund policies.
16. LRO (Liability Reduction Option) is an elective service reducing the User's liability in the event of an accident or theft, subject to terms and conditions.
17. Zurich Travel Insurance refers to coverage provided by Zurich General Insurance Company Berhad, offering various benefits for accidental death and permanent disablement.
18. Age Eligibility specifies the age range for individuals eligible for insurance coverage under Zurich Travel Insurance.
19. Restricted Entry outlines the restrictions on driving the Lease Vehicle into specific countries and using certain transportation methods.
20. Lease-It-Here, Leave-It-There is a service allowing Users to lease a vehicle at one WAHDAH location and return it to another, subject to specific conditions.
21. Retrieval of Claims, Issuance of Letter of Demand are procedures and notifications related to handling claims, deductions from the deposit, and formal demands in case of non-responsiveness.
22. Termination of Agreement specifies the circumstances under which the Lease Agreement may be terminated by WAHDAH.
23. Governing Law indicates that the Lease Agreement is subject to the legal framework of Malaysia.
WAHDAH Cancellation and Refund Policy
1.0 Cancellation Procedure
1.1 Any booking cancellations for a Lease Vehicle made via the Website must be initiated by the Customer through one of the following official contact methods:
1.1.1 Email : support@wahdah.my
1.1.2 Hotline : +6016 277 4594
1.2 It is imperative that all cancellation requests be communicated directly to WAHDAH through the above-provided channels. This ensures that all transactions are processed smoothly and efficiently for our Customers.
2.0 Refund Eligibility Conditions
2.1 Customers may be eligible for a refund of the Lease Charges previously paid, subject to the following conditions:
2.1.1 Full Refund Eligibility
(i) Customers who cancel their booking more than 24 hours before the scheduled vehicle pick-up time are eligible for a full refund.
2.1.2 Partial Refund Eligibility
(i) Customers who cancel their booking within 24 hours before the scheduled vehicle pick-up time will incur a penalty amounting to one (1) day’s worth of the paid Lease Charges. This penalty is calculated based on the base price, excluding any promo codes or referral discounts.
(ii) Additionally, a processing fee of 5% of the total amount paid will be charged for each cancellation. Insurance purchased by the Customer is non-refundable under these circumstances.
2.1.3 No Refund Eligibility
(i) No refund will be provided if the Customer cancels the booking after the vehicle pick-up time or fails to show up ("No Show").
(ii) No refund will be issued if the Customer decides to downgrade the specification of the Lease Vehicle one day before the scheduled pick-up time.
(iii) No refund will be issued if the Customer fails to provide the registered Drivers to collect the Lease Vehicle as per the scheduled booking.
(iv) No refund will be issued if the Customer neglects to collect the Lease Vehicle without prior notice.
3.0 Refund Claim Process
3.1 To initiate a refund claim, the Customer must contact WAHDAH within the timeframe specified in the refund policy.
3.2 The following steps outline the refund claim process:
3.2.1 Documentation
The Customer must document the issue and place a hold on any Lease Charges paid by contacting WAHDAH.
3.2.2 Evidence Submission
The Customer must include the invoice and/or other relevant evidence as part of their refund claim.
3.2.3 Cooperation
The Customer must respond to any requests for further information and cooperate fully with WAHDAH.
3.2.4 Resolution Efforts
The Customer must exhaust all reasonable efforts to resolve the issue with the Drivers or the person in charge before making a claim, including notifying WAHDAH of the issue.
3.2.5 Notification
WAHDAH will notify the Customer regarding the refund transaction via email.
3.3 Refunds will be processed as follows:
3.3.1 The amount of any Lease Charges paid by the Customer will be credited to the Customer’s WaCash account after the Lease Vehicle is returned.
3.3.2 For deposits, the Customer will be able to withdraw the refunded amount 10 days after the Lease Vehicle has been returned to WAHDAH.
4.0 Additional Terms
4.1 All refund claims are subject to verification and validation by WAHDAH.
4.2 WAHDAH reserves the right to modify or amend this Cancellation and Refund Policy at any time. Customers will be notified of any significant changes to the policy.
4.3 The Customer agrees to adhere to all terms and conditions outlined in this policy when making a booking via the Website.
By using WAHDAH services and making a booking with us, the Customer acknowledges and agrees to the terms set forth in this Cancellation and Refund Policy.
Privacy Notice on Personal Data Protection Act (2010)
by WAHDAH Technologies Sdn. Bhd.
1. Definitions:-
1.1 “Us”, “our” and/or “we” means WAHDAH Technologies Sdn. Bhd. and/or any company, organisation, corporate body, and/or entity forming any part of WAHDAH Technologies Sdn. Bhd. and shall include our DriveHosts, DriveHeros, employees, hub operators, and mini-hub operators;
1.2 “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;
1.3 “Personal data” has the meaning assigned to it under the PDPA;
1.4 “Processing” shall have the meaning assigned to it by the PDPA; and
1.5 “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:-
3.1 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;
3.2 To maintain internal records;
3.3 To verify your identity;
3.4 To contact you with offerings;
3.5 To respond to your queries, if any;
3.6 To enable you to enter into a contract with us;
3.7 To carry out research and analysis;
3.8 To conduct marketing and promotion;
3.9 To conduct audits, investigations, or any other inquiry;
3.10 To conduct any legal proceedings or in relation to any legal action;
3.11 To prevent any unlawful act;
3.12 To carry out any action provided for by law or required by an authority; and
3.13 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:-
4.1 From you;
4.2 From your usage of the services and/or products and/or our website;
4.3 From any communication provided by you to us;
4.4 From any publicly available source; and
4.5 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:-
6.1 A party to whom disclosure is provided for under law or required by an authority;
6.2 A company related to us;
6.3 Our business partners, DriveHosts, DriveHeros, employees, hub operators, mini-hub operators, Service Providers, and suppliers;
6.4 Auditors, consultants, accountants, lawyers, or advisors; and
6.5 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.
The benefits of Promo Code:
- Flexibility - The customer can redeem and travel anytime!
- Earn Rewards - Earn up to 1.5x extra WaPoints each time you redeem via WaCash payment.
How to Redeem Your Promo Code:
- Visit our website at www.wahdah.my and proceed to make a booking.
- Enter the promo code on the payment page before selecting your payment method.
- Please note, that the promo code cannot be applied after payment is made or after choosing the 'pay later' option.
Promo Code Terms and Conditions :
This exclusive offer is subject to the following Terms and conditions:
- The Booking Period commences on the mentioned date.
- The Driving Period also begins on the mentioned date.
- The promo code must be entered on the payment page to receive the discount, which is applied to the rental amount only with a certain cap.
- The promo code is applicable only to bookings with a minimum driving duration of more than two days.
- Bookings made prior to this promotional period, including for the drive period from the mentioned date are not eligible for the discount.
- The discount does not apply to surcharges, recovery fees, and optional products and services, including damage waivers.
- This promotion is valid across all WAHDAH coverage locations in Malaysia only, unless mentioned others.
- Vehicle images on the website are for illustrative purposes only. The actual vehicle may vary.
- Vehicle specifications on the website are based on manufacturer standards without any load (people & luggage). These may change according to your requirements and needs.
- Pick-up and drop-off service is subject to geographic and other restrictions.
- Car Leasing is only effective upon payment. The placement of the booking is not recognized as a final confirmation.
- Lessors must meet WAHDAH's minimum age, driver, and credit requirements.
- WAHDAH reserves the right to reject any booking made without prior notice.
If you have any inquiries, please do not hesitate to email support@wahdah.my or call our hotline at +6016 277 4594.
WAHDAH Customers Compensation Policy
At WAHDAH (the “Company”), we strive to provide a seamless and exceptional experience for our Customers (hereafter referred to as "Customers"). However, we understand that unforeseen circumstances may arise. To address such situations, we have outlined an all-encompassing Customers Compensation Policy (“Policy”) to ensure always a fair and equitable resolution process. This Policy governs the overarching Terms and Conditions for the compensation procedures between WAHDAH and its Customers.
Customers Compensation
1.0 Delayed Delivery
1.1 In the event of a delay in delivery of less than 2 hours, Customers may receive either a complimentary extension of the rental period or WaPoints equivalent to the hourly vehicle rate, capped at 10,000 WaPoints
1.2 Delays exceeding 2 hours warrant either a complimentary extension or a WaCash refund equivalent to the hourly vehicle rate.
1.3 The Company commits to resolving such delays in a timely manner and any compensation will occur within 3 working days after the vehicle is returned.
2.0 Delayed Delivery (> 5 hours)
2.1 Customers experiencing delays beyond 5 hours may receive a free one-day extension or a Promo Code for a 1-day rental with a 2-day minimum requirement, valid for 6 months.
2.2 The Company commits to resolving such delays in a timely manner and any compensation will occur within 3 working days after the vehicle is returned.
3.0 Car Breakdown
3.1 Delays exceeding 3 hours in resolution time may result in up to 5000 WaPoints compensation as an additional gesture of appreciation for Customers’ patience and understanding.
3.2 Kindly be advised that, to the best of WAHDAH's capabilities, efforts will be made to address breakdown issues within a 24-hour timeframe under normal circumstances. It is important to note that, in instances where breakdowns are successfully resolved within this stipulated time frame, no compensation will be provided to Customers. This practice aligns with universally recognized resolution timelines as per standard industry practices.
3.3 The Company commits to resolving breakdown issues after the relevant WAHDAH personnel have been informed by WAHDAH Hub Management, any compensation will occur within 3 working days after the vehicle is returned.
4.0 Late Collection by Hero
4.1 Customers experiencing late collections for vehicles returned by Hero are entitled to 2000 WaPoints.
4.2 The Company commits to resolving such issues in a timely manner and any compensation will occur within 3 working days after the vehicle is returned.
5.0 Cleanliness Issues
5.1 Cleanliness issues may result in compensation ranging up to to 5000 WaPoints.
5.2 Refund for cleaning costs (plus an additional 5% of total fees if cleaned by the Customer).
5.3 The Company commits to resolving cleanliness issues in a timely manner and any compensation will occur within 3 working days after the vehicle is returned.
6.0 Shuttle (Interrupted Trip)
6.1 Shuttle interruptions are compensated with WaCash.
6.2 The Company commits to resolving such interruptions in a timely manner and any compensation will occur within 3 working days after the vehicle is returned.
7.0 Shuttle Delay
7.1 Delays between 1 to 2 hours may result in 2000 WaPoints compensation.
7.2 Delays exceeding 2 hours are compensated with WaCash.
7.3 The Company commits to resolving shuttle delays in a timely manner and any compensation will occur within 3 working days after the vehicle is returned.
8.0 Cancellation and Refund (Fleet not available)
8.1 Customers may receive 5000 WaPoints for a cancelled Paid Booking/Pay Later Booking due to fleet unavailability.
8.2 Immediate refund for unpaid bookings (Fleet unavailable) is compensated via 2000 WaPoints due to no other fleet option offered to Customers (fully booked).
8.3 However, in the event that Customers are presented with the fleet option, and, at their discretion, find the alternative proposed to be unagreeable with, WAHDAH shall then not be held accountable or incur liability for any compensation.
8.4 The Company commits to immediate resolution in case of fleet unavailability.
9.0 Unpleasant Experience
9.1 Compensation ranges up to 5000 WaPoints based on the severity.
9.2 The Company commits to resolving unpleasant experiences in a timely manner and any compensation will occur within 3 working days after the vehicle is returned.
Please be advised that the severity of issues may result in different compensation values. As such, every compensation outlined in this policy is due to final determination of the Company and compensation is subject to review by the Company. WAHDAH reserves the right to modify this Policy at its discretion, with any changes to be communicated and notified upon publication or revision.
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