These Terms of Service (“Terms”) govern every vehicle booking and rental supplied by Destisya Resources (“Destisya”, “we”, “us”, or “our”). By making a booking, paying any amount, accepting a vehicle, or using our rental services, you agree to these Terms and the documents issued for your booking.
Your quotation, booking confirmation, vehicle condition report and signed rental agreement form part of the contract. If a booking-specific term conflicts with this webpage, the signed rental agreement or booking confirmation will prevail for that matter, subject always to applicable Malaysian law.
1. Definitions
- Authorised Driver means a person named and approved in the rental agreement to drive the Vehicle.
- Booking means a vehicle reservation accepted by Destisya.
- Rental Agreement means the booking confirmation, signed rental form, condition report and these Terms.
- Rental Period means the agreed period from collection or delivery until the Vehicle is returned and accepted by us.
- Renter, you, and your mean the person or organisation named in the Booking.
- Vehicle means the rented vehicle and all supplied keys, documents, tools, accessories and equipment.
2. Driver Eligibility
Every driver must meet the age, driving-experience and licence requirements stated in the Booking, hold a valid licence recognised for driving the relevant Vehicle in Malaysia, and provide requested identification. Foreign licence holders may also need a valid International Driving Permit or translation where required.
You must disclose any fact that could affect lawful driving or insurance coverage. We may refuse or cancel a rental if a driver does not satisfy our verification, licensing, safety or insurer requirements.
3. Bookings, Rates, and Payment
A booking is confirmed only when we issue written confirmation and receive any required payment or deposit. Vehicle images indicate a category or example; a particular make, model, colour or registration number is guaranteed only when expressly confirmed in writing.
Rates are stated in Malaysian Ringgit (RM) and include only the items shown in the quotation or booking confirmation. Optional equipment, delivery, additional drivers, excess mileage, fuel, tolls, parking, cleaning, late return and other applicable charges may be billed separately.
You authorise us to charge amounts properly due under the Rental Agreement using the payment method or security deposit provided, with an itemised explanation where reasonably available.
4. Security Deposit
We may collect a refundable security deposit or place a card pre-authorisation in the amount shown in your Booking. The deposit is security for your obligations and is not the maximum amount for which you may be responsible.
After the Vehicle is returned and inspected, we may deduct properly payable amounts for damage, missing items, fuel, cleaning, excess mileage, late return, tolls, parking, summonses or other charges under the Rental Agreement. Any remaining balance will be released or refunded, but bank or card-processing timelines are outside our control.
5. Vehicle Collection and Return
You must inspect the Vehicle at handover, verify the fuel level and mileage, and ensure existing damage is recorded. Notify us promptly if the condition report is inaccurate.
The Vehicle must be returned to the agreed location, on the agreed date and time, in substantially the same condition, with all supplied items. Extensions require our prior written approval and are subject to availability and additional charges. The Rental Period continues until the Vehicle and keys are received by us or through an expressly approved after-hours procedure.
6. Permitted Use
You must drive carefully, comply with Malaysian laws, follow the manufacturer’s operating instructions, secure the Vehicle when unattended, use the correct fuel or charging method, and take reasonable steps to prevent damage, theft or loss.
The Vehicle may be used only by an Authorised Driver, within the permitted territory and for the purpose stated in the Booking. You must promptly report warning lights, unusual operation, accidents, breakdowns or damage.
7. Prohibited Use
You must not use or permit the Vehicle to be used:
- By an unauthorised, unlicensed, impaired or medically unfit driver;
- For racing, speed testing, driver training, towing, pushing, off-road use or any unlawful purpose;
- To carry passengers or goods beyond the Vehicle’s lawful or manufacturer-rated capacity;
- Outside the approved territory or across a national border without prior written permission;
- While overloaded, negligently operated, or after a warning indicates continued driving may cause damage; or
- For smoking, carrying hazardous materials, or transporting animals unless we have agreed in writing.
A prohibited use may invalidate insurance or protection and make you responsible for resulting loss, subject to applicable law.
8. Fuel, Mileage, and Additional Charges
The fuel policy, charging level for an electric vehicle, included mileage and excess-mileage rate will be stated in the Booking. If the Vehicle is returned below the required level, we may charge for the shortfall and a reasonable refuelling or recharging service fee disclosed in the Rental Agreement.
You are responsible for charges arising from excessive dirt, stains, smoke, odours, lost keys, damaged tyres or rims, incorrect fuel, lost accessories and other conditions outside reasonable wear and tear, where attributable to the rental.
9. Additional Drivers and Passengers
Only drivers listed in the Rental Agreement may drive the Vehicle. You remain responsible for ensuring every Authorised Driver and passenger follows these Terms. Child restraints and other safety equipment must be requested in advance and used correctly; availability is not guaranteed unless confirmed.
10. Insurance and Excess
Insurance or damage protection is subject to the policy, exclusions and excess stated in the Booking or Rental Agreement. It is not a complete waiver of responsibility. You may remain liable for the applicable excess and for losses excluded from coverage, including those caused by prohibited use, an unauthorised driver, negligence, misfuelling, lost keys, tyres, rims, interior damage or failure to follow accident procedures.
No clause limits a right or responsibility that cannot lawfully be limited. Ask us before collection if you need clarification about the applicable protection or excess.
11. Accidents, Damage, Loss, and Theft
In an accident, theft or damage event, you must prioritise safety, contact emergency services where appropriate, notify us immediately, avoid admitting liability, obtain the details of involved parties and witnesses, take photographs where safe, and make any police report required by law, our insurer or the Rental Agreement.
You must cooperate with investigations and provide all requested documents. You must not arrange repairs, towing or replacement parts without our approval except where immediately necessary to protect life or prevent further loss.
12. Breakdowns and Replacement Vehicles
If the Vehicle develops a mechanical fault not caused by misuse, stop where safe and contact us for instructions. We will use reasonable efforts to arrange assistance or a replacement vehicle, subject to location, availability and the circumstances.
We are not responsible for unauthorised repair or towing costs. A replacement, upgrade, refund or other remedy will be assessed under the Rental Agreement and applicable consumer law.
13. Traffic Offences, Tolls, and Parking
You are responsible for tolls, parking fees, traffic offences, clamping, towing, impoundment and related costs arising during the Rental Period. We may provide your details to the relevant authority or service provider where permitted or required by law and may charge a reasonable administration fee if disclosed in the Rental Agreement.
14. Cancellation, No-Show, and Early Return
Cancellation deadlines and charges are those shown in your quotation or booking confirmation. A cancellation is effective only when received and acknowledged by us. Failure to collect the Vehicle at the agreed time without notice may be treated as a no-show.
Late collection or early return does not automatically entitle you to a refund for unused time. Refund eligibility and processing are governed by our Refund Policy, the Booking and applicable Malaysian law.
15. Customer Property
You are responsible for personal property left in or transported in the Vehicle. To the extent permitted by law, we are not liable for loss, theft or damage to such property unless caused by our negligence. Items found after return may be stored for a reasonable period and disposed of if unclaimed.
16. Liability and Consumer Rights
Nothing in these Terms excludes liability for fraud, death or personal injury caused by negligence, or any liability or consumer remedy that cannot lawfully be excluded. Your rights under applicable Malaysian law, including the Consumer Protection Act 1999 where applicable, remain unaffected.
Subject to those rights, we are not liable for indirect or consequential loss, loss of profit, missed appointments or travel arrangements caused by events beyond our reasonable control. Any limitation will apply only to the extent permitted by law.
17. Personal Data and Vehicle Tracking
We process identification, licence, contact, payment and booking information for rental administration, verification, fraud prevention, safety, debt recovery and legal compliance in accordance with Malaysia’s Personal Data Protection Act 2010 and our Privacy Policy.
A Vehicle may contain manufacturer systems, telematics, GPS or security technology. Where used, vehicle-related data may be processed for locating a missing or overdue Vehicle, roadside assistance, maintenance, safety, investigating misuse and protecting our legal rights, subject to applicable law and our notices.
18. Termination, Changes, and Force Majeure
We may terminate the rental and recover the Vehicle if you materially breach these Terms, provide false information, fail to pay, use the Vehicle unlawfully, abandon it, or create a material safety or recovery risk. Termination does not affect accrued rights or payment obligations.
We may update these Terms for future bookings by publishing a revised date. The terms accepted when your Booking was confirmed continue to apply unless the parties agree otherwise or law requires a different result.
Neither party is responsible for failure caused by events beyond reasonable control, including natural disasters, severe weather, government action, road closure, civil disturbance, epidemic, or major network or utility failure. We will use reasonable efforts to minimise the effect.
19. Governing Law, General Terms, and Contact
These Terms are governed by the laws of Malaysia. The Malaysian courts have jurisdiction, without limiting any right a consumer may have to bring an eligible claim before the Tribunal for Consumer Claims Malaysia.
If a provision is invalid or unenforceable, the remainder continues in effect. A delay in enforcing a right is not a waiver. You may not transfer the Booking without our written consent.
For questions, notices or assistance, email sales@detisya.com, call +60 12-619 8257, WhatsApp +60 12-619 8257, or visit our Contact Us page.