SEAAT RENTAL AND TOURS
Terms & Conditions
Our Terms & Conditions covers both our Rental Agreements and Tours
RENTAL AGREEMENT TERMS & CONDITIONS
1. Contract with SEAAT Resources.
1.1 By signing this contract, you accept these Rental Terms and Conditions as part of the binding contract between SEAAT Resources and you, the motorcycle renter, (hereafter known as the “Customer”).
1.2 SEAAT Resources cannot accept any Customer without a signed Rental Terms and Conditions contract.
2. Rental Period
2.1 The Customer will have the motorcycle for the rental period specified in the rental contract. If the Customer does not return the motorcycle on time, he/she is breaching the conditions of the rental contract. SEAAT Resources reserves the right to charge: a) if late less than 4 hrs – prorated hour charges; b) more than 4 hrs – the full daily rental rate.
3. Hours of Business
3.1 Our hours of business are from 09:00hrs to 19:00hrs, Monday to Saturday. Sunday opening may be accommodated by prior arrangement in certain circumstances.
4. Rental Rates
4.1 Rental rates quoted by SEAAT Resources or printed materials are those in effect at time of writing. SEAAT Resources will maintain rates for motorcycle rental as confirmed at time of booking.
5. Damage Deposit
5.1 All Customers must have a valid credit card (MasterCard or Visa) with a credit limit to cover the rental cost and pre-authorised damage deposit at the time of collection of the motorcycle.
5.2 Customers are responsible for the cost of any damage to or theft of the motorcycle, accessories and riding gear while in their care to the limit of RM2500 which can be reduced by purchasing additional optional waivers.
5.3 Riders liability to damage on the bike will only be limited to the waiver levels in 5.2, providing that the rider has
- supplied correct information at time of rental.
- obeyed the rules of the Malaysian Transportation Act.
- adhered to Section 12
6. Motorcycle Reservation
6.1 For any motorcycle reservation, a reservation deposit is required at the time of booking. The reservation deposit is 30% of the rental cost and secures the motorcycle.
6.2 The model of motorcycle will be as defined in the rental contract. The pictures and descriptions of the motorcycles on www.seaatresources.com are representative of the available motorcycles but are not necessarily the specific motorcycles. SEAAT Resources reserves the right to correct online and printing errors at any time.
6.3 SEAAT Resources aims to ensure that Customers ride the motorcycle which they have booked. Unfortunately, unexpected and uncontrollable situations can arise which may require the substitution of a motorcycle. This includes, but is not limited to mechanical failure, collision damage and theft. If such a situation arises before rental, the Customer will be provided with a comparable replacement motorcycle. If a comparable replacement motorcycle is not available, the customer will have the option to terminate the contract and shall be entitled to a full refund of any booking deposit.
7. Motorcycle Hand-Over
7.1 The Customer and SEAAT Resources will jointly check the condition of the motorcycle and tyres before signing the rental contract. Having accepted the condition of the motorcycle and tyres, the Customer cannot make SEAAT Resources liable for any damages resulting from a tyre puncture.
7.2 The Customer shall assume all fuel costs. The motorcycle will be supplied with a full tank of fuel and should be returned full. A refuelling charge will apply unless returned with a full tank.
7.3 The rental includes normal tyre wear and tear. The rental does not cover abusive tyre treatment by the Customer. Tyre punctures and the resulting costs are the responsibility of the Customer.
7.4 The Customer agrees to return the motorcycle in the same condition, both in terms of its working condition and its overall appearance.
8. Customer Responsibilities
8.1 In addition to holding a valid motorcycle driving license, the Customer confirms that they have the relevant competence and experience to ride a motorcycle of the type they are renting.
8.2 We want you to enjoy a safe motorcycling experience with SEAAT Resources, so Customers must ensure that they ride safely and sensibly and take extra precautions to account for riding conditions, especially if riding an unfamiliar model or on unfamiliar roads.
8.3 To avoid theft, the Customer must keep the keys to the motorcycle in their possession at all times. The Customer shall leave the motorcycle only in secured parking areas and must use all security devices fitted to and supplied with the motorcycle.
8.4 The Customer must make sure to use the correct fuel and engine oil for the motorcycle. Damage incurred due to incorrect fuelling or engine oil will be the responsibility of the Customer and is not covered under the Collision Damage Waiver option.
8.5 The Customer must not sell, rent or dispose of the motorcycle or any of its parts.
8.6 The Customer must notify SEAAT Resources without delay when he/she becomes aware of a fault in the motorcycle, including any warning lights, before riding any further. The Customer must not, or allow any third party, carry out repairs or any mechanical work on the motorcycle without the permission of SEAAT Resources. If SEAAT Resources gives the Customer permission, SEAAT Resources will only give the Customer a refund if the Customer has a valid receipt for the work.
8.7 For rental periods over a week or 2000km, the Customer shall conduct basic checks every 1000km (i.e. oil & coolant level, tyre pressure, chain tension & grease).
8.8 The Customer must comply with passport, visa, driving and health regulations and all consequences resulting from non-compliance shall be the Customer’s sole responsibility.
8.9 SEAAT Resources strongly recommends that all Customers carry valid travel insurance.
8.10 The Customer must comply with national traffic laws and regulations.
8.11 It is compulsory for the rider and pillion to wear a motorcycle helmet while riding at all times.
9. Motorcycle Condition
9.1 SEAAT Resources will have maintained the motorcycle to at least the manufacturer’s recommended standard. SEAAT Resources assures the Customer that the motorcycle is in roadworthy condition and suitable for renting at the start of the rental period.
10. Payment for Rental
10.1 SEAAT Resources will charge the Customer the total rental charge before the start of the rental period. Upon hand-over of the motorcycle, SEAAT Resources will ask for authority from the Customer’s credit card company for the damage deposit.
10.2 If the motorcycle is returned undamaged and no damage has been caused to anybody else’s property whilst renting the motorcycle, the damage deposit will not be charged to the Customer’s credit card.
10.3 If the motorcycle is returned damaged or with parts missing, the damage deposit shall be forfeited in part or in full by SEAAT Resources at its sole discretion. In addition, a RM50 administration charge applies to all damages or missing parts.
10.4 The Customer agrees to pay SEAAT Resources the following:
- The rental and any other agreed charges as may be offered by SEAAT Resources to the customer.
- The amount of any loss or damage resulting from the Customer not keeping to his/her responsibilities.
- All fines and court costs for parking, traffic or other offences. The Customer must pay the appropriate authority any fines and costs if and when the authority demands this payment.
- Outstanding charges will be deducted from your credit and an additional RM50 administration fee per item will apply.
- All legal fees or court costs incurred by SEAAT Resources in the collection of these charges.
11. Motorcycle Insurance
11.1 All rented motorcycles are insured for comprehensive vehicle damage, third party liability, fire and theft.
11.2 SEAAT Resources strongly recommends that all Customers and their pillion passengers be covered by adequate personal, accident and medical insurance.
11.3 For the Customer’s safety, SEAAT Resources strongly recommends that suitable clothing such as motorcycle jackets, trousers, leathers, gloves, boots, etc. are worn. Motorcycle clothing is available for rent from SEAAT Resources.
11.4 SEAAT Resources is not liable to the Customer, pillion passenger, his property, his family, heirs or assigns for any damages arising from the acts of the Customer which might result in injury, death or other damage.
11.5 Pillion are also permitted to ride the motorcycle once they have agreed with SEAAT Resources before departure and on production of a valid driving license and have signed the rental agreement form.
12. Conditions for Using the Motorcycle
12.1 All Customers must
- be at least 25 years old and not more than 75 years of age
- Hold a full and valid motorcycle licence issued from Malaysia and any international country for at least 12 months,
- have ridden more than 5,000 KM in the past 2 years on a bike of similar performance to the chosen rental motorcycle
- Any rider wishing to carry a pillion passenger must be 30 + years of age at the date of riding the bike.
- The Customer must produce his/her current original driving licence before commencing a rental.
- Provide correct information as otherwise in the event of damage to the motorcycle or a road traffic accident, you will lose your damage waiver cover and may be subject to prosecution.
12.2 Driver Exclusions; Any driver:
- Who has been banned from driving in the past 5 years.
- Who has more than two minor driving offences in the past three years.
- Who has made more than one claim in the past three years.
- Who has been convicted of any criminal offences which aren’t considered ‘spent’ or has any pending prosecutions.
- Who has had insurance declined, voided or cancelled or special terms imposed.
12.3 SEAAT Resources rental motorcycles shall be driven exclusively by the riders who appear on the rental contract. The motorcycle is non-transferable. It is valid only for the period and persons specified in the rental contract.
The Customer must not:
- Use the motorcycle for any illegal purpose.
- Overload the motorcycle.
- Use the motorcycle if he/she may reasonably be considered unfit to drive.
- Use the motorcycle whilst under the influence of alcohol or drugs.
- Use the motorcycle for racing, speed testing or teaching to drive.
- Use the motorcycle for carrying fare-paying passengers.
- Use the motorcycle off-road or on racetracks.
- Use the motorcycle to ride on sand, beaches or through seawater
13. Theft, Accidents and Breakdown
13.1 In the case of the motorcycle’s theft or any non-cosmetic damage, the Customer agrees to inform SEAAT Resources without delay and no later than 3 hours of the incident.
13.2 If the motorcycle is involved in an accident, the Customer must not admit responsibility. The Customer should get names and addresses of everyone involved including witnesses and if possible, take photographs of the scene. The Customer should also make the motorcycle secure and tell the police without delay if anyone is injured or if there is a disagreement over who is responsible.
13.3 The customer and pillion (if appropriate) will co-operate with any reasonable request from SEAAT or its insurers to provide statements and other information in respect of the accident when required at any time.
13.4 The Customer agrees to inform SEAAT Resources without delay and no later than 24 hours of the accident. The Customer shall send SEAAT Resources by registered mail a copy of the jointly filed accident report as well as a written declaration describing the circumstances of the accident and the identity of the parties involved in the accident.
13.5 SEAAT will provide a replacement motorcycle or arrange for repair in the event of a breakdown, caused through no fault of the customer. However, SEAAT does not provide a replacement motorcycle in the event of an accident or breakdown caused by the customer.
13.6 Motorcycles come with breakdown cover. In the event of breakdown, the Customer agrees to inform SEAAT Resources without delay and no later than 24h.
14 Additional Services
14.1 SEAAT Resources provides rental equipment such as navigation systems, motorcycle luggage and helmets. Any missing or damaged equipment supplied by SEAAT to the Customer will be paid at current replacement value for by the Customer.
14.2 Rentals start and finish at SEAAT Resources office or at agreed location. One-way rental options are available for an additional fee.
15. Cancellations, Refunds and Re-bookings
15.1 Cancellations by the Customer up to 90 days prior to the rental will be subject to a 10% cancellation fee. If the Customer cancels the agreement less than 90 days prior to rental, SEAAT shall retain the reservation deposit.
15.2 In case of cancellation by SEAAT Resources, any Customer payment will be totally refunded, or the booking moved to a later date with the Customer’s agreement.
15.3 SEAAT Resources is not required to make refunds once rental commences regardless of the reason for Customers being unable to complete his or her rental. SEAAT Resources cannot be made liable for unpleasant or unsuitable weather conditions and no refunds are made for such conditions.
16 Contract Conditions and Termination Clause
16.1 SEAAT Resources has the right not to enter into the rental agreement if the Customer:
- Does not sign the Rental Terms and Conditions contract.
- Does not provide an appropriate driving licence.
- Does not authorise his credit card company for the damage deposit and the rental charges.
16.2 Failure to fullfil the above conditions gives SEAAT Resources have the right to keep the reservation deposit plus a RM100 cancellation fee by the Customer.
16.3 Once the rental contract has been signed, SEAAT Resources retains the right to terminate the agreement and without notice in case of:
- Non-compliance with the Customer’s responsibilities
- Non-compliance of Customer with the insurance obligations
- Non-compliance of Customer with rental contract conditions
- Abuse of the motorcycle by the customer, e.g. burnouts, wheelies, etc.
- Road Traffic Accident or damage to the motorcycle which renders it unsafe to ride.
16.4 In case of termination of the contract, SEAAT Resources will secure the provided motorcycle immediately. Pick-up costs of RM3 per kilometre, a RM50 contract termination fee plus any required mechanical repairs to the motorcycle will be charged to the customer’s credit card.
17 Verbal Changes
17.1 Verbal changes of contract are invalid unless confirmed in writing by SEAAT Resources. Should any parts of the Rental Terms & Conditions become invalid, this does not invalidate the remainder of the contract.
18 Photographic Material and Personal Information
18.1 Any photographic material produced by SEAAT Resources or its representatives are the property of SEAAT Resources. The copyright remains with SEAAT. SEAAT can use all of this material for advertising and marketing purposes without any charge from the Customer arising for SEAAT Resources.
18.2 SEAAT Resources will hold and use some of the Customer’s personal information in order to perform this contract with the Customer.
Tours - Terms & Conditions
19. These terms and conditions apply to all guided and unguided tours and are in addition to our normal Rental Agreement Terms and Conditions
20. At the time of booking a tour, a deposit of RM500 per person must be paid. Deposits are refundable if cancellation is made within one(1) months of the tour commencement date, less
any non-refundable outlays paid by SEAAT for your tour.
Cancellation fee of 10% of the tour price
21. The balance of the tour price must be paid no later than 30 days before the tour commencement date. If the balance of the tour price is not paid by the required date, SEAAT Resources may cancel the tour and retain the deposit.
22. Once a tour has commenced, no refund will be made if the customer curtails the tour or, for any other reason, does not complete the tour.
23. The customer may request amendments to the tour and SEAAT Resources will use its reasonable efforts to accommodate such requests and will inform the customer of any additional costs or other changes to the tour which are required. Any such costs will be paid by the customer before the commencement of the tour.
24. All accommodation provided will be provided in accordance with the tour proposal made by SEAAT Resources to the customer and all other services and tour information will be set out in that proposal. From time to time, SEAAT Resources may change hotel locations due to unforeseen circumstances however we will use hotels of similar quality. SEAAT Resources will not be responsible or liable where aspects of the tour are not available due to the acts of its suppliers or due to mechanical breakdown or adverse weather conditions.
25. SEAAT Resources will use its reasonable endeavours to ensure that the tour is provided in accordance with the tour proposal. Circumstances may occur which are beyond its control whereby this is not possible. Such circumstances may include (but are not limited to) war, threat of war, civil unrest, industrial dispute, unavoidable technical issues with transport, closure of ports, airports or other transport infrastructure, terrorism, fire, flood or other adverse weather and natural or nuclear disaster. In the event of the occurrence of such circumstances no refund or compensation will be payable, and the tour may be cancelled or curtailed. Customers will be responsible for their own costs including meals, accommodation and transportation.
26. SEAAT Resources or its agents will not be liable for any personal injury, death or illness howsoever caused.
26.1 Customers must satisfy themselves that they are competent and have sufficient experience to ride the proposed tour
26.2 Customers following guided tours must ride at their own pace and not attempt to follow the group or tour guide such that the Customer is riding outside of his/her capabilities.
26.3 Customers must obey the speed limits and at all times follow their own judgement as to safe riding route.
26.4 Customers and their pillion passengers riding on our tours agree that they are doing so entirely at their own risk and they and their assignees will not take any claim against SEAAT Resources in respect of injury, death, loss or damage.
27. SEAAT Resources’s liability for loss, damage or other financial penalty due to its acts will be limited to the tour price.
27. SEAAT Resources and the customer accept that communications via email will be accepted by both parties as binding where agreement is indicated.
These terms and conditions are subject to the Law of Malaysia and the sole and exclusive jurisdiction of the Malaysian Courts.
Terms are subject to revision.
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