Terms and Conditions

Yoma Car Share Membership

Your Yoma Car Share membership is a unique membership that allows you to access vehicles at Yoma Car Share 24/7 from hourly to up to 30 days basis from a Yoma Car Share rental hub. Your membership will allow you to reserve over the internet either from the Yoma Car Share website or a mobile application that is available on both the App Store and the Google Play Store. As a membership-based organization, we ask each member to respect not only the vehicle, but also these terms and conditions and the rights of your fellow members. This agreement and the terms and conditions below govern all other members as well as your membership and your usage of the cars. By agreeing to these terms and conditions, you agree to be bound by them and to receive notice of any changes to the terms and conditions through the posting of notice of such changes on the Yoma Car Share website: www.yomacarshare.com . Please look through the FAQ section on our website for further details on how the process works and for any additional requirements which you need to adhere to as a member. This Contract (Rental Contract) you have entered with Yoma Fleet comprises the rental document for the hire of the vehicle (Rental Agreement) and these terms and conditions of rental (Terms & Conditions). When we refer to the Rental Contract, we mean both the Rental Agreement and the Terms & Conditions. The date of the Rental Contract is the date shown on the Rental Agreement. Please read the Rental Contract carefully. If there is anything you do not understand, please ask the Rental staff before signing and/or agreeing to the Rental Contract either on paper or on internet as your signature and/or agreement is your acknowledgement that you have read and understood the Rental Contract in its entirety and that you are bound by it. These Terms & Conditions shall be executed in both English and Burmese. If there is a conflict between the Agreement in its various translations, the Burmese version shall prevail.

Contents

Definitions

Accident
means an unintended, unforeseen, happening, incident or mishap, which is neither expected nor designed.
Account Holder
means a person or organization that has agreed to these Yoma Car Share Terms and Conditions and takes full responsibility for the payment of all fees, charges, fines and costs incurred by all the Drivers linked to their account as set in these Terms & Conditions. An individual may be both an Account Holder and Driver. An organization is an Account Holder with authorized Drivers/Users to use the services of Yoma Car Share.
Active Booking Period
means the period between the first and final accessto the car by the Driver during the Booking period. Booking Period means the time that the Driver has booked for use of a Yoma Car Share
Car
refers to a vehicle within the Yoma Car Share fleet that a Yoma Car Share approved Driver is permitted to drive for the Booking Period.
Credit Card
means MasterCard, JCB, and Visa Credit Cards.
Damage
means any loss or damage to the Vehicle, including that is caused by accident, hail, theft of the Vehicle, towing and salvage fees, assessing fees or loss of use.
Debit Card
means JCB/MPU Card, MasterCard or Visa Debit Card.
Driver
means a person over 18 years of age who has agreed to these Yoma Car Share Terms and Conditions and has been accepted by Yoma Car Share as someone that can drive a Yoma Car Share car. An individual may be both an Account Holder and Driver. A Driver must be authorized by the Account Holder to be linked to their account if the Account Holder and the Driver are two separate entities. Drivers and Account Holders are also referred to as Members.
Extra Driver
means someone who accompanies and drives for a Yoma Car Share member or account holder. Extra Drivers are bound by the Terms and Conditions of Yoma Car Share.
Legal Parking Space
is any parking space that is usable by the general public 24/7. Thus, it excludes parking with the following designations: handicapped, no standing, no stopping, clear ways. Paid/Metered parking is legal whilst the parking fee has been paid.
Off Road
means any area that is not a gazette road nor a sealed road nor an unsealed road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.
Rental Charges
means all rental and associated charges plus commercial tax or other taxes and levies required by law and credit card recovery fees, all shown on the Rental Agreement.
Rental Location
means the branch, hub or site from which you hired the Vehicle.
Rental Period
means the period shown in the Rental Agreement or as extended by you or us.
Reserved Parking Space
means the reserved space in which the Car is parked when not in use by a Driver. This space can only be used by the designated Yoma Car Share Car for that space.
Start of Rental
means the date and time the rental commences at the Rental Location shown in the Rental Agreement.
Tap Card
means the membership card that Drivers receive which allows them to access a Car for the Booking Period.
Terms and Conditions
means these terms and conditions.
Third Party Loss
means the loss or damage to third party property, including other motor vehicle, and any third-party claim for loss of income or consequential loss.
Underbody Damage
means any damage to the underside of the Vehicle and includes, but is not limited to, all parts of the drive train, chassis, steering, suspension, brakes, exhaust, floor pan and fuel systems.
Unsealed Road
means a road that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.
Vehicle
means the vehicle described in the Rental Agreement and includes parts, components, accessories, audio equipment and tools, or any vehicle substituted by us pursuant to the Rental Agreement.
We, Us, Our
means Yoma Car Share including Yoma Fleet Limited.
Yoma Car Share/Yoma Fleet
means Yoma Fleet Limited, Myanmar Company Registration Number 134369736 trading as Yoma Fleet “the owner” on the Rental Agreement.
You, Your
means the person, firm, company or organization renting the vehicle or any authorized driver shown in the Rental Agreement.
Your Yoma Car Share Account
means you have registered on the Yoma Car Share website/mobile application by following registration steps to rent cars, enjoy Yoma Car Share benefits, allow Yoma Car Share/Yoma Fleet to charge the Credit/Debit Cards in the account for any charges owed to us and are bounded by Yoma Car Share terms and conditions every time a reservation is made.

Application to become a Yoma Car Share Account Holder

  1. A person or organization may apply to be accepted as a Yoma Car Share Account Holder by submitting an application online or on paper.
  2. An application to be a Yoma Car Share Account Holder can only be accepted if:
    1. the applicant agrees to be bound by these Terms and Conditions;
    2. the applicant completes all parts of the application form/s that Yoma Car Share deems required. Required information includes but is not limited to certain payment method card information, corporate payment agreement, the driver license information, an identification card/passport, a proof of address and ID-Selfie.
  3. The Account Holder must provide Yoma Car Share with correct information when applying to be an Individual Account Holder (including, without limitation, the Account Holder name, driver's license, address, email address, credit card details, and a proof of address or ID-Selfie). For Corporate Account Holder, it is the responsibility of the corporation to provide Yoma Car Share with the detail information of all the members under the corporate account including but not limited to the authorized person(s) for reservation approval/rejection, designated person(s) for payment, the driver license of the members under the Corporate Account and incorporation license among others. It is the Account Holder's responsibility to update Yoma Car Share with any and all changes to this information during their membership.
  4. Yoma Car Share has the right to authenticate new membership applications. This service conducts checks of information provided in your application including your driver’s license, contact details and supplied payment details, and company detail information for the corporate accounts. By applying to become a Yoma Car share member, you are authorizing us to conduct a check of the details provided in your application.
  5. Yoma Car Share reserves the right to refuse any membership application at our discretion. Yoma Car Share also reserves the right to remove the approved members from the Yoma Car Share system at our discretion.

Application to become a Yoma Car Share Driver

  1. A person may apply to be accepted as a Yoma Car Share Driver by submitting an application online or on paper.
  2. An application to be a Yoma Car Share Driver can only be accepted if:
    1. the applicant agrees to be bound by these Terms and Conditions;
    2. the applicant completes all parts of the application forms that Yoma Car Share deems required information.
  3. The Account Holder/Driver must provide Yoma Car Share with correct information when applying to be a Driver (including, without limitation, the Driver's name, address, age and driving history). It is the Account Holder's and/or Driver's responsibility to update Yoma Car Share with any and all changes to this information during their membership.
  4. An Account Holder may have more than one Driver on his or her Yoma Car Share account. Any additional Driver information must be provided by the Account Holder via the Yoma Car Share platform. By adding a Driver, the Account Holder gives consent for the Driver to be billed on their account.
  5. This Driver is known as Extra Driver on Yoma Car Share website/mobile application.
  6. Extra Driver is someone who accompanies and drives for the Yoma Car Share member or Account Holder.

Accessing our cars

  1. Cars can be accessed using the Yoma Car Share mobile application from your smart phone. Yoma Car Share mobile application is available on both the App Store and the Google Play Store. A user can start reserving and access the rented car once the membership has been approved.
  2. Drivers must access and exit the Cars using the Internet or Bluetooth connection under the Current Reservation on the Yoma Car Share mobile application.
  3. In case of the Internet/Bluetooth connection error, Yoma Car Share will allow the user to use his/her own Tap Card (or) the Yoma Car Share temporary Tap Card from the vehicle. A Tap Card is a card that allows the user to lock/unlock/start the engine of the Car.
  4. The Tap Card remains the property of Yoma Car Share and must be returned if the account is cancelled or otherwise ended.
  5. The Temporary Card must be returned to the vehicle before the reservation is ended.
  6. Yoma Car Share does not provide a Tap Card to members joining from March 2022 onward.

Yoma Car Share's Responsibilities

  1. Yoma Car Share will carry out regular serviceability and cleanliness checks on all Cars.
  2. Yoma Car Share is not liable to an Account Holder or Driver under or in connection with this Agreement, whether for negligence, breach of contract, misrepresentation or otherwise, for:
    1. Loss or damage incurred by the Account Holder and/or Driver as a result of any claims made by a third party;
    2. Loss of profit, goodwill, business opportunity or anticipated saving suffered by the Account Holder and/or Driver; or
    3. Any indirect or consequential loss or damage suffered by the Account Holder or Driver.

Member Responsibilities

  1. The Car must only be driven by an authorized Yoma Car Share Driver. Only members are authorized Yoma Car Share Driver/Extra Driver and only members are covered by Yoma Car Share's damage cover.
  2. Account Holders will be responsible for all damage or loss if they, or their Drivers/Extra Drivers, allow a person who is not an authorized Yoma Car Share Driver to drive a Yoma Car Share Car.
  3. The Driver must not use the Car for:
    1. Hire or reward.
    2. Any illegal purpose.
    3. Off-road driving is not permitted on any road or other surface which is not sealed other than a road under repair, or a road notified to you by Yoma Car Share, unless the vehicle is a Four-Wheel Drive (4WD) vehicle.
    4. Racing
    5. Teaching someone to drive
    6. Hauling any goods that are incorrectly or inappropriately loaded or for the haulage of which the Car was not designed
    7. Driving Yoma Car Share vehicle outside the legal territory of the Republic of the Union of Myanmar
    8. Sub-renting to a person and adding this person as an Extra Driver.
  4. Account Holders and/or Drivers must not sell, rent or dispose of the Car or any of its parts, or attempt to give anyone any legal rights over the Car.
  5. The Driver must not use the Car when under the influence of drugs and must obey the legal alcohol limits relevant to the roads and transportation laws in Myanmar.
  6. The Driver must not carry a number of passengers which exceeds the designed seating capacity of the Car.
  7. The Driver must not carry baggage which would cause the Car to be overloaded.
  8. Towing using a Yoma Car Share vehicle is illegal under Myanmar law.
  9. The Driver must inform Yoma Car Share immediately to the 24/7 call center hotline if they become aware of any defect or damage to a Car. Internal damage, or car condition, must also be reported via the hotline number.
  10. The Account Holder may be liable for payment of repairs to a Car in the event of unfair wear and tear or excessive cleaning being required, or if the Car has been damaged either inside or outside as a result of use by the Driver.
  11. The Driver must always use the Car in accordance with all applicable laws and regulations which may be in force at any time.
  12. Yoma Car share reserves the right to immediately suspend and/or terminate the membership rights of its service to any Account Holder and/or Driver if an Account Holder and/or Driver contravenes any of these Terms and Conditions. On suspension, any existing Bookings under the Account Holder and/or Driver may be cancelled by Yoma Car Share at its discretion.
  13. We also reserve the right to terminate the access to the Car during the reservation period if we believe that the user is violating these terms and conditions.

Making a Booking

  1. A Driver can only book a Car under their name.
  2. A third party cannot book a Car on behalf of an Account Holder or a Driver under any circumstances. Only a Corporate Account Manager may book a vehicle on behalf of another driver using the corporate account.
  3. A booking can be made online at any time, or via phone on 09 YOMAFLEET (09 966235338).
  4. A booking confirmation email is sent after an online or phone booking is completed. The information in this email is what is considered reserved. It is the member's responsibility to review every booking confirmation email to ensure they have the booking they desire.
  5. 4 minutes before the reservation time, a deposit of MMK 400,000 plus the trip’s estimated rental cost shall be pre-authorized for Credit Card users and transacted as a purchase for Debit Card. For WavePay users, it is transacted when the reservation is made. At the end of the trip, the balance between the preauthorized amount or the transacted amount shall be adjusted as a refund or further deduction based on the actual trip cost after the End Trip.
  6. Yoma Car Share reserves the right to change the reserved Car for existing bookings, should Yoma Car Share move another Car to the Reserved Parking Space.
  7. Yoma Car Share cannot guarantee your preferred booking time or Car will be available prior to booking.

Booking Period

  1. An Account Holder and/or Driver must always book the Car prior to use.
  2. The minimum Booking Period is 59 minutes, and the maximum Booking Period is 30 days.
  3. Drivers can use the Car for the Booking Period only.
  4. Account Holders and/or Drivers may make a booking up to 6 months in advance.
  5. A user may extend the reservation one time with the minimum period of 60-minutes and a maximum of 7-day. Yoma Car Share does not guarantee the availability of the car in the case of extension. Yoma Car Share reserves the right to change the vehicle or cancel the extension. In case of the vehicle change, the user shall be charged at the new vehicle's rates.

Booking cancellation

  1. Booking may be cancelled at any time prior to the commencement of the rental.
  2. A booking cannot be cancelled once it has commenced, but a rental can be terminated early.
  3. A cancellation fee of MMK 10,000 per cancelled reservation shall be charged to the account holder's account. The Account Holder may pay the cancellation fees with the points, coupon, Credit/Debit Card or WavePay.
  4. If the excessive cancellation i.e. more than 5 times in a month is occurred, Yoma Car Share reserves the right to suspend the membership of the Account Holder.
  5. No cancellation fee is charged to the Corporate Account holder.

Car Collection

  1. The Driver must collect the Car from a Yoma Fleet Rental Hub.
  2. The Driver is responsible for assessing the condition of the Car (both interior and exterior) at the start of the Booking Period, in addition to checking fuel cards and fuel level. Failure to immediately notify Yoma Car Share via the Check Car feature from the Current Reservation on the Yoma Car Share mobile app of any previously unreported damage or an untidy car at the start of a booking, will be deemed your acceptance of the good working order of the Car at the beginning of the Booking Period. Thus, anything reported after the booking commences will be considered the Driver's responsibility, and the driver will be held liable for any repair or cleaning costs. (Check Car feature is disabled after 1-hour from the reservation start time.)
  3. Yoma Car Share do not guarantee that the Account Holder shall have the reserved car on the date of reservation. Yoma Car Share reserve the right to change Car in case of the fleet availability and request the Account Holder of rate changes depending on the type of Car being changed in the reservation.

During a Booking Period

  1. Drivers are responsible for the Car, and anything that happens to it, for the entire Booking Period, not simply the Active Booking period. This responsibility includes damage which occurs, for which a third party cannot be held responsible, is also the responsibility of the Driver, as is any excess payable on any damage claim.
  2. During the Booking Period, Drivers must immediately inform Yoma Car Share by phone of any fault in the Car and must not use the Car whilst it is in an unsafe or unroadworthy condition.
  3. Drivers must make sure they use the correct fuel when refueling the Cars.
  4. Smoking is prohibited in every Car. If a user is found to have smoked in the car, a penalty of MMK 100,000 shall be charged to the Account Holder. Pets are prohibited in Cars, unless they are in a pet carrier. Cleaning for the removal of pet hair will incur a penalty. Strong odor food/items such as including but not limited to durian, salted dried fish, bamboo shoots, industrial chemicals among others are also prohibited. Drivers who smoke in the Car or allow a pet in a car outside of a cage will incur a cleaning fee, charged to the Account Holder.
  5. Drivers must lock the Car when not using it during their Active Booking Period.
  6. Account Holders are responsible for paying any tolls, fines, fees or charges Drivers may incur during the Booking Period, including fees for using Highway or any other applicable toll roads.
  7. Support cannot be offered to Drivers who do not have access to a phone during their booking.

Refueling

  1. Fuel is included in our rates and Drivers must use the fuel card/book located in the glove compartment to refuel. When returning the Car, Drivers must ensure that the fuel tank is at least 1⁄4 full.
  2. If a Driver uses a Yoma Car share fuel card for any purpose other than refueling a Yoma Car Share Car, Yoma Car Share will be entitled to terminate that Driver’s membership. The Account Holder will be liable to refund all money associated with such an incident, plus any reasonable expenses incurred to recover money.
  3. In the event of a Yoma Car share fuel card being faulty, missing or if there are no available fuel stations that accept the Yoma Car share fuel cards, the Driver will be required to pay for the fuel and then seek reimbursement from Yoma Car Share. To obtain reimbursement, the Driver is required to retain the tax invoice for the fuel and claim it via Fuel Claim in the Current Reservation on the Yoma Car Share App before the end of the trip. We will not refund any fuel claims that are not reported via the mobile app and/or that are not reported before the end of the trip.
  4. The Driver is also required to report the faulty or missing Fuel card to Yoma Car Share at 09 YOMAFLEET (09 966235338).

Accident, damage & theft

  1. If the Driver has an accident, the Driver should:
    1. Make the Car secure and inform the police immediately if anyone is injured or there is a disagreement as to the facts;
    2. Note down the car registration, names, addresses and license numbers of any other drivers involved;
    3. Note down the names and addresses of any witnesses;
    4. Take pictures of the car before moving from the accident area; and
    5. Call Yoma Car Share immediately at 09 YOMAFLEET (09 966235338)
  2. The Driver must provide all information Yoma Car Share reasonably requests concerning the accident within 48 hours of any request. Without limiting the foregoing, the Driver must return to Yoma Car Share a correctly completed vehicle incident report form within 24 hours.
  3. Drivers must provide accurate statements and cooperate with Yoma Car Share in any way as required by them.
  4. If recovery from a third party cannot be made for damage or loss, the Driver will be liable for the excess payable.

Breakdown

  1. Any breakdown involving a Car must be reported to Yoma Car Share by phone on 09 YOMAFLEET (09 966235338). Either Yoma Car Share and/or roadside assistance will attend to the Car. The Driver may be provided with alternative transport.
  2. During the Booking Period, if a problem arises that prevents or limits the use of the Car or that may compromise people's safety, Drivers must immediately notify Yoma Car Share on 09 YOMAFLEET (09 966235338) and park the Car in accordance with road rules and Yoma Car Share's instructions.

Parking and traffic offences

  1. Account Holders are liable for all parking and traffic offence penalties that relate to a Driver's Booking Period including, but not restricted to, parking tickets, speeding fines, clamping fines, clearways and impound charges.
  2. In the event that Yoma Car Share receives a parking or traffic offence notice and is either:
    1. obliged to provide the relevant authority with the identity of the Driver of the relevant Car at the time of the offence prior to payment of the offence notice, or
    2. is able to transfer liability for the offence notice to the Driver of the relevant Car at the time of the offence prior to payment of the offence notice, Yoma Car Share will do so.
  3. In the event that Yoma Car Share receives a parking or traffic offence notice and is unable to transfer liability for the payment of the offence notice to the Driver of the relevant Car at the time of the offence prior to payment, the Account Holder will be responsible for the cost of the offence notice.
  4. If a member parks in a commercial car park during an Active Booking Period, the member is responsible for paying parking fees.

Car return

  1. The Driver must return the Car in good condition (internal and external) and in good working order, with at least 1/4 of a tank of petrol to a Yoma Car Share rental hub, no later than the end of the Booking Period.
  2. If the Driver returns the Car after the end of the Booking Period, the Account Holder will incur a late fee in addition to the hourly fees for use of the Cars:
    1. The Account Holder and/or Driver may extend the Booking Period up to 7 days from the current reservation's end time, at which time it can no longer be extended without a new booking being commenced.
    2. Extending the rented Car on the Yoma Car Share website or mobile application is allowed only once and it is the responsibility of the Account Holder/Driver to plan their trip accordingly, and that Yoma Car Share may request the Account Holder/Driver to make a new reservation and/or change the type of Car available in the fleet due to the reservation extension.
    3. Yoma Car Share reserves the right to cancel any extension made by the User regardless of the extension success on the Yoma Car Share website or the mobile application.
    4. There is no extension fee. If you do not extend the reservation, the late fee of MMK 2,500 per 30 minutes plus rental fees is charged until you return the vehicle.
    5. We reserve the right to substitute a suitable replacement vehicle at any time to the extended reservations.
    6. We reserve to charge the Account Holder of the additional deposit due to the extension. This additional deposit and any balance shall be either refunded or charge further depending on the actual trip cost at the end of the trip.
  3. Drivers must ensure that all doors of the Car are closed before, and locked after, ending their Booking and before leaving the Car. If the car is left unlocked at the end of a booking, the Account Holder may be charged the cost of any damage or loss of property suffered by Yoma Car Share due to the car being left unlocked by the Driver.
  4. If the Car is left in an excessively dirty state that requires a deep clean before another Driver can use the Car, the Account Holder must pay for the valet. Yoma Car Share reserves the right to suspend any account holder of its services in case of excessive uncleanliness to the vehicle.
  5. Drivers must endeavor to ensure that the Car is returned to the designated rental hub at the end of the Booking Period. If the Driver is forced to park the Car in any other area, they must notify Yoma Car Share immediately by phone of the exact location of the car. Drivers must park in a Legal Parking Space and must pay any parking fees in paid parking spaces during the entire Booking Period. If Yoma Car Share or the Driver receives a parking infringement notice in respect of the driver parking the Car in an illegal parking space, the Driver and/or the Account Holder will be liable for the fine.
  6. Drivers must ensure that all functions that use the Car’s lights and accessories are switched off before ending an Active Booking. If one or more of the functions that use the Car’s battery is left on, the cost of the rectification may be applied to the Account Holder at Yoma Car Share’s discretion.
  7. Drivers must return the Car in its original state i.e. there shall be no damages, no removal of any items in the car including but not limited to car seats, seat belts, floor mats, spare tyre and accessories and any other items provided by us. Other items may mean and/or include fire extinguisher, first-aid kid, mobile phone charging cable, umbrella, hand sanitizer, starter pack with wheel tax, car license registration, fuel books/cards and any other relevant documents, branding logo stickers on both exterior and/or interior of the Car among others. Removal of stated items in this clause can result in paying relevant penalty/fine to Yoma Car Share.
  8. Drivers must check that they have not left any belongings in the Car before leaving the Car at the end of their Booking Period. The Driver agrees not to hold Yoma Car Share responsible for any belongings left in the Car. If Yoma Car Share collects lost and found items on its cleaning schedule, Yoma Car Share will hold items left in the Car for no longer than ninety days to allow time for collection. After ninety days, all items will be given to charity or throw away.
  9. If a Driver requires access to a Car after the Booking Period to recover belongings left in the Car, then the Driver can call Yoma Car Share on 09 YOMAFLEET (09 966235338) and request a remote entry.
  10. If a Driver has a booked Car and keeps the car past the end of the booking time without notifying Yoma Car Share and does not answer calls from Yoma Car Share, we may consider the Car stolen and report the Driver to the police. Yoma Car Share reserves the right to charge the Driver for the entire period they keep the car or until we retrieve the Car. Yoma Car Share also reserve the right to retrieve the car without notifying the Driver, dispose of any property left in the car, suspend the Account and immediately process payment for fines and fees.
  11. The Account Holder indemnifies Yoma Car Share for any claim made by a third party resulting from Yoma Car Share's recovery or repossession of the Car.

Pricing Structure

  1. Current plans and rates information is available on Yoma Car Share's website or mobile application. We reserve the right to change any price on our website or mobile application without notifying to our account holders.
  2. Account Holders will incur usage charges made by all Drivers on their account including but not limited to hourly rates, daily rates, and kilometer rates. The hourly rate, daily rate and a kilometer rate will depend on the Account Holder's booking period, usage and the type of vehicle booked.
  3. Rates may change from time to time and the price agreed on the reservation confirmation is final and is not negotiable. All up to date rates information is available on Yoma Car Share's website at www.yomacarshare.com or on the mobile application.
  4. From time to time Yoma Car Share may offer promotional rates. All information on specials, including eligibility and any special terms and conditions, will be available on Yoma Car Share's website at www.yomacarshare.com or the mobile application. It is the member's responsibility to be aware of, and adhere to, any offer conditions.

Damage Cover

  1. In case of accidents or loss, the Account Holder and/or Driver's liability is limited to a non-waiver excess of USD 300 unless recovery can be made from a third party for the first accident. If the Account Holder is involved in another accident within the 3 months from the first accident, the Account Holder and/or Drivers shall be responsible for the 50% of the vehicle repair cost of the Car beside the initial non-waiver excess of USD 300 i.e. if the repair cost is USD 1000, the Account Holder/Driver is responsible for both USD 300 non-waiver excess and 50% of the remaining USD 700 which is USD 350 - the total amount payable for this repair is USD 650. In this second accident, the Account Holder/Driver shall be 100% responsible towards the other parties involved in the accident/loss that is including but not limited to vehicle repair, disputes, compensation and any other cost applicable in the accident. In case of other accidents or loss after the second accident within the 3 months of the first accident, the Account Holder is liable for the 100% of the vehicle repair cost and/or other payable to both Yoma Car Share and the other parties involved in the accident and/or loss.
  2. In the event of illegal use, no coverage will apply.
  3. By allowing a person to become a Driver of Yoma Car Share, Yoma Car Share is authorizing that Driver to drive under Yoma Car Share's damage cover policy.
  4. No cover is provided for the theft of personal belongings from the Car, nor is any personal accident cover provided to the driver.
  5. Account Holders are liable to pay the full cost of the damage in case of the followings:
    1. Damage or Third-Party Loss caused or contributed to by any driver that leaves the scene of the accident prior to the attendance of the police or reporting the accident to the police;
    2. the full cost of replacing or repairing any accessories supplied by us including, but not limited to child restraints, GPS units, and keys;
    3. Damage caused by the use of the incorrect fuel type;
    4. The accident is caused by breaching the traffic rule(s) by the driver and/or the Account Holder/Member.
    5. The accident is caused by an unauthorize driver(s) or Driver/Account Holder/Member without a valid driving license.
    6. The negligence of the driver caused the accident.
    7. Underbody damages or overhead (roof) damages will not be covered by the damage cover policy.
    8. Hit-and-run by either the driver/account holder/member or a third party.
    9. The accident is caused due to over speeding by the Driver/Account Holder/member.
    10. Unreported accident to Yoma Fleet's hotline immediately after the cause of the accident.
  6. Irreparable Tire Damage
    1. In case of irreparable tire damage i.e. the tire can no longer be used for its intended purpose by the Account Holder/Driver, Yoma Car Share reserve to charge the responsible party of the damage. Our policy on Tire is that a new tire must be replaced the current tire when the current tire reaches the lifespan of 40,000 KM in service. For the tire damage recharge payable by the Account Holder/Drive in case of irreparable damage, Yoma Car Share shall fairly calculate the recharge amount based on the lifespan of the tire and invoice the Account Holder/Driver accordingly.
  7. Damage cover policy is voided if a member/an Account Holder sub-rents the Yoma Car Share car to another person and adding this person as an Extra Driver. Extra Driver is someone who accompanies and drives the car for the member/Account Holder during the reservation period on Yoma Car Share. It is the responsibility of the member/Account Holder for any damages or cost incurred from sub-renting the Yoma Car Share car.

Billing

  1. Account Holders are responsible for the payment of all charges in any way incurred in connection with their use of the Yoma Car Share service. These charges are payable on the payment method added linked to the Yoma Car share account, Yoma Fleet Limited bank accounts and/or the corporate account payable agreement.
  2. When you joined, or before making your first booking, you gave us your debit or credit card details as your payment method. You must notify us immediately if these details change. If we cannot authorize your payment card before each rental, you will not be able to unlock and use the car.
  3. When you give us your payment method card details, you agree to allow us to deduct from your card(s) of all charges that you may have incurred.
  4. We reserve the right to pre-authorize the deposit of MMK 400,000 plus the estimated rental cost 4 minutes prior to the start of the reservation time for the Credit Card Account Holders and transact the deposit and the estimated rental cost as a purchase transaction for the Debit Card Holders. For WavePay users, this amount is transacted at the end of the reservation process. Your booking will only be confirmed once this authorization/transaction has been successfully obtained. We will notify you if your payment card is declined. For Corporate members, the authorized Account Holder must approve or reject the reservations; no deposit is required in the corporate transactions.
  5. If a payment method card provided by the Account Holder to Yoma Car Share is declined by the card issuer or bank or WavePay or the corporate account does not make payment after a specified date on the invoice(s), Yoma Car Share may, at its discretion, suspend or cancel all Drivers linked to the Account Holder's account until Yoma Car Share is satisfied that the accurate details have been provided and payment has been received by Yoma Car share.
  6. If a payment method, card or bank account number is declined by the card issuer or bank or a payment platform, leaving the Account Holder with an outstanding balance, then access to the Cars will be suspended for all Drivers on that account until full payment is received by Yoma Car Share. If the Corporate Account Holder does not make the outstanding payment within the allowed credit days, Yoma Car Share reserves the right to charge the penalty to the outstanding amount and suspend all Drivers on that corporate account until full payment is received by Yoma Car Share.
  7. If an Account Holder's outstanding balance remains overdue and unpaid, this may affect the Account Holder's ability to rent any Yoma Car Share vehicles in the future from Yoma Car Share or our related entities.
  8. At the end of every Booking, we will debit your account for the actual total trip cost and kilometers charges and any additional, damage cover excess and additional fees if applicable. For Corporate Account Holder, we will send the invoices that include but not limited to the total trip cost and kilometer charges and additional charges incurred during the booking period.
  9. The Account Holder and Driver's agreement to these Terms and Conditions shall constitute authority for Yoma Car Share to compute and charge all monies due against the Account Holder's nominated payment method. This includes charges due as a result of theft of, or damage to, the Car and any fines and court costs for parking and traffic offences.
  10. Failure to make any payments, including but not limited to rental charges, damages, parking and traffic offences, and any other fees payable, due at Yoma Car Share either via any payment methods on Yoma Car Share platforms and/or to the Yoma Fleet Limited bank account within the specified date, the Account Holder(s) agree that Yoma Car Share reserve the right to publicly announce either in the newspaper and/or on online media that the Account Holder(s) has failed to make the payment and are required to do so at the soonest time. With this announcement, the Account Holder(s) agree and understand that Yoma Car Share can specify the payable amount owed to Yoma Car Share and the Account Holder(s)'s personal and/or company information, including but not limited to name(s), date of birth, national identification number, passport number, driver license number, company registration, and/or Form 2 of the registered company of the Account Holder(s) to the public in collecting any payable due at Yoma Car Share.

Refund Policy

  1. Yoma Car Share shall refund the preauthorized or purchase amount of deposit MMK 400,000 which is to be transacted before the reservation time within 48 hours after the Driver/Account Holder has returned the car to us, and that the Driver/Account Holder has cleared any payable with us including but not limited to service charges, parking fees, penalties and fines. Yoma Car Share reserves the right to hold the Deposit amount until any disputes between Yoma Car Share and the Driver/Account Holder are resolved.
  2. If you have ended your trip earlier than the reservation time, Yoma Car Share shall refund the excess amount to you within 48 hours of the your end trip provided that there are no penalties, fines, services charges, and any other disputes between you and Yoma Car Share.
  3. The receipt of the refunded amount in your account is solely on your Bank, payment portal or Card Issuer’s discretion and Yoma Car Share does not bear any liabilities for the delay in the receiving of the refunded amount.

Membership Benefits

  1. Yoma Car Share offer several benefits to its members in terms of promotion codes, coupons, membership rights and membership points. Yoma Car Share has the right to issue and rescind these benefits and offers at its discretion.
  2. If the promotion code is advertised, it is the user's responsibility to apply the promotion code during the reservation process. Yoma Car Share does not have any responsibility to fill the promotion codes on behalf of the user and that if the promotion code is not applied during the reservation process, Yoma Car Share has the right to refuse to apply the promotion code.
  3. Yoma Car Share members and account holders may enjoy the coupons as rewarded by Yoma Car Share. Yoma Car Share is under no obligation to reward coupons to its users.
  4. Membership rights mean the rights that the user enjoys due to the type of membership on Yoma Car Share. Yoma Car Share reserve the rights to amend or cancel these rights at its discretion.
  5. Yoma Car Share members can earn points from September 2022 onward. These membership points are calculated based on the reservation's base rate for completed and successfully paid reservations while a user can also earn points by giving reviews or completing the full profile information on Yoma Car Share.
  6. Yoma Car Share shall not refund/compensate/interchange/exchange these promotion code, coupons and membership points in terms of the monetary value. These benefits are to be used in the upcoming reservations of the member.
  7. These promotion codes, coupons and membership points have own issuance date and expiry date. It is the responsibility of the member to know when these benefits are expiring. Yoma Car Share is under no obligation to reactivate the expired benefits.
  8. The coupons, membership rights and membership points are given to each member, and they are not exchangeable between members.
  9. A point value on Yoma Car Share and its expiry date are set by Yoma Car Share at its own discretion. Yoma Car Share reserves the right to change and amend the point value and/or the expiration term of the point without informing the members.
  10. Yoma Car Share do not give membership points to the reservations made before September 2022, and is under no obligation to issue points for any reservation before September 2022.

Your Personal Information and Privacy

  1. You have consented to provide your personal information to us in becoming an Account Holder/Driver, and that you give us the right to including but not limited to store, review, check, edit and delete your personal information in our database for you to use our services.
  2. We collect the personal information you provide in the application form and in the course of your membership to provide you with the Yoma Car Share service. We use your information to verify who you are, to make sure that you can become a Yoma Car Share member and to administer our ongoing relationship with you. If you do not provide us with all the information requested, you will not be able to become a member or use our vehicles.
  3. Marketing communications: To keep you up-to-date with service developments and special offers from Yoma Car Share, we will send you regular updates and new offers by email, text message or by post, depending on the contact details you provide in your application form. You are given the option to choose not to receive these updates and offers in the application form, or you can otherwise unsubscribe at any time by emailing us at aung@yomafleet.com.
  4. We may disclose your personal information to:
    1. our related companies, including but not limited to companies under the Yoma and FMI Groups;
    2. our third-party service providers, including payment service providers and online identity verification service providers;
    3. if you are a Driver but not the Account Holder, the Account Holder.

Member Communications

  1. Yoma Car Share's primary means of communication is email. Active accounts must permit Yoma Car Share email communications. Yoma Car Share cannot service members who do not have a valid email address.
  2. Yoma Car Share also requires a mobile phone number be provided for each Account Holder and Driver. It may be periodically used for important customer service updates, accounts or notification of offers. It is advised that members always have a mobile phone whilst on a booking. Otherwise, Yoma Car Share cannot guarantee car access and the best standard of service.
  3. It is entirely the member's responsibility to keep all contact and payment details, particularly email, debit or credit card and mobile phone number up to date. If an Account Holder or Driver's email is returned as a bounced message or the Account Holder or Driver has unsubscribed from receiving emails from Yoma Car Share, Yoma Car Share is under no obligation to take steps to update such email addresses. It is the responsibility of the Corporate Account Holder to update us with the member/Driver information in the account to us. If the member/Driver leaves the employment of the Corporate Account Holder, continues using our services without the knowledge of the Corporate Account Holder, the Corporate Account Holder acknowledges the failure to update the information to Yoma Car Share and that the Corporate Account Holder agrees to be responsible of any charges, fines, penalties incurred by the said member/Driver to Yoma Car Share.
  4. If the Account Holder changes his address, email address, contact number and/or update the expired driver license, it is the responsibility of the Account Holder to update such information on Yoma Car Share website/mobile application. The failure to update such information may result in suspension of the membership until the current and relevant information has been updated.

Customer Service

  1. The Yoma Car Share Call Center is open 24-hour 7-day a week including Public Holidays and can be reached at 09966235338. All queries can be dealt with through 24-hour Yoma Car Share Call Centre.

Termination of Membership

  1. Account Holders can request to terminate their Yoma Car Share account at any time. The Account Holder must request the cancellation of their account from their Yoma Car Share 2.0 App.
    1. By requesting the account deletion, the Account Holder voluntarily choose to delete your Yoma Car Share account, and the Account Holder agree to take responsibility for all consequences related to the deletion of the account.
    2. By deleting the Yoma Car Share account, Yoma Car Share (Yoma Fleet Limited) will:
      1. Delete all information on the Account Holder's Profile entirely and irreversibly,
      2. Delete all benefits that the Account Holder has received from Yoma Car Share, and
      3. Delete all information regarding the past rentals.
    3. Please note that if 90 days have not passed since your last rental date, Yoma Car Share cannot delete your account immediately due to auditing purposes. Yoma Car Share will register the Account Holder's account deletion petition and proceed with the deletion of the Account Holder's account 90 days after the Account Holder's last rentals and that the Account Holder has
      1. No outstanding payments due with Yoma Car Share
      2. No traffic or parking violations from the Account Holder's past rentals with Yoma Car Share, and
      3. No legal cases pending due to accidents incurred from the Account Holder's past rentals with Yoma Car Share.
  2. Account Holders can terminate any Driver on their Yoma Car Share account at any time in Extra Driver in the Profile of the Account Holder on Yoma Car Share website or 2.0 app.
  3. Yoma Car Share may terminate an Account Holder and/or Driver's membership immediately if the Account Holder and/or Driver breaches any of these Terms and Conditions.
  4. If Yoma Car Share terminates a membership, it will not affect Yoma Car Share's right to receive any monies owed to it by the Account Holder.
  5. Any monies owed to Yoma Car Share at the time of termination of membership will become immediately due and payable. By accepting these Terms and Conditions, the Account Holder grants Yoma Car Share the right to charge against the Account Holder's nominated payment method all monies due and payable at the time of termination of membership. This includes but is not limited to charges due as a result of theft of, or damage to, the Car and any fines and court costs for parking and traffic offences as described in clause 15.
  6. On breach of this Agreement, Yoma Car Share may give an Account Holder's details to credit reference agencies, Customs & Excise, the Police, debt collectors, or any other relevant organization.
  7. Termination of membership by Yoma Car Share will not affect its accrued rights under the conditions of this Agreement.

Amendments

Yoma Car Share reserves the right to amend these Terms and Conditions from time to time as it sees fit or necessary. Notice of any changes in these Terms & Conditions will be provided to Account Holders and Drivers with the reservation confirmation email. It is the responsibility of the Account Holder or User to be self-aware of the terms and conditions, and that Yoma Car Share is under no obligation to notify the Account Holder or User of the updated terms and conditions.

Force Majeure

Yoma Car Share shall not be liable for either a failure to perform or delay in performing any of its obligations if performance is delayed, hindered or prevented by force majeure, which expression shall mean any event beyond the reasonable control of Yoma Car Share.

Severance

If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions shall be interpreted in such a way so as to remain in effect.

Governing Law and jurisdiction

This Agreement and all matters arising from or connected with it are governed by and shall be construed in accordance with Republic of the Union of Myanmar Law. The courts of Republic of Union of Myanmar have non-exclusive jurisdiction to settle any dispute arising from or connected with these Terms and Conditions.

Assignment

Yoma Car Share has the right to assign or novate at its election its rights and obligations under these Terms & Conditions in favor of a third party. The Account Holder is prohibited from assigning its rights under these Terms & Conditions without the written consent of Yoma Car Share.

These terms and conditions are bound between the member/Driver/Account Holder and Yoma Car Share regardless of the mode of agreement i.e. the member/Driver/Account Holder understands that the agreement made electronically is as valid as the member/Driver/Account Holder's signature on paper.