1. Your Rental Contract
      1. This Contract (Rental Contract) you have entered into 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.

      2. The date of the Rental Contract is the date shown on the Rental Agreement.

      3. Please read the Rental Contract carefully. If there is anything you do not understand, please ask the Rental staff before signing the Rental Contract as your signature is your acknowledgement that you have read and understood the Rental Contract in its entirety and that you are bound by it.

      4. The word and phases below have a particular meaning that you need to be familiar with:

        Accident means an unintended, unforeseen, happening, incident or mishap, which is neither expected nor designed.

        Administrative Fee means the fee charged by us for the administrative costs associated with your rental.

        Authorized Driver means any driver approved and recorded by us, either on the Rental Agreement or prior written agreement.

        Commercial Vehicle means a vehicle that is a van, pickup, truck or bus that is constructed for the use of carriage of goods and property or the carriage of more than 10 persons including the driver.

        Coverage means Loss Damage Waiver (LDW).

        Customer Own Insurance means you have a Corporate Agreement with us under which your Rental Contract provide no cover for Damage or Third Party Loss arising from the use of the Vehicle. All damage and third party Loss is then your sole responsibility and must be paid by you. Further, you indemnify us for all damage and third party loss.

        Damage means any loss or damage to the Vehicle, including that caused by hail, theft of the Vehicle, towing and salvage fees, assessing fees or loss of use.

        Damage Liability Fee (DLF) means the amount payable to us in the event of Damage or Third Party Loss. The maximum payable is shown in the Rental Agreement and is subject to Commercial Tax.

        Debit Card means MPU Card, Debit MasterCard or Visa Debit Card.

        Final Inspection means the inspection carried out after we have taken possession of and fully examined and cleaned the Vehicle at the end of the Rental Period.

        Loss of Use means the fee calculated at the daily rate shown in the Rental Agreement being our loss because the Vehicle needs repair and we are waiting for the repairs to be completed or it is a write-off or has been stolen and we are waiting for it to be replaced.

        Off Road means any area that is not a gazetted road nor a sealed road nor an unsealed road and includes but is not limited to unformed roads, fire trails, tacks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.

        Overhead Damage means:

        (a) Damage at or above the level the top of the front windscreen of the Vehicle;

        (b) Damage to any part of the box section above the level of the top of the front windscreen of a Commercial Vehicle; or

        (c) Third Party loss caused by:

          a. contact between the part of the Vehicle that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path;

          b. use of a Commercial Vehicle so that its height exceeds that permitted by law, regulation or advisory sign in the area of use;

          c. objects being placed on the roof of the Vehicle; or

          d. you or any person standing or sitting on the roof of the Vehicle.

        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 or site from which you hired the Vehicle.

        Rental Period means the period shown in the Rental Agreement or as extended by us.

        Single Vehicle Accident means an accident that occurs that does not involve an impact between the Vehicle and another moving vehicle on Unsealed Roads. It includes, but is not limited to:

        (a) impacts with animals, roadside infrastructure, vegetation, rocks and obstacles; or

        (b) rollovers.

        Single Vehicle Accident Liability Fee (SVALF) means the amount payable to us in the event of damage or third party loss arising from a Single Vehicle Accident.

        Start of Rental means the date and time the rental commences at the Rental Location shown in the Rental Agreement.

        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 Fleet.

        You, Your means the person, firm, company or organization renting the vehicle or any authorized driver shown in the Rental Agreement.

        Yoma Fleet means Yoma Fleet Limited, Myanmar Company Registration Number 4500/14 trading as Yoma Fleet “the owner” on the Rental Agreement.

        Your Yoma Fleet Account means your credit card, Yoma Fleet charge account, or debit card nominated at the start of the rental for the debiting of charges under the Rental Contract.

    2. Rental Period.
      1. Your rental from us is for the rental period and at the rate shown in the Rental Agreement.

      2. The vehicle must be returned to the Rental Location on the date and by the time shown on the Rental Agreement.

      3. We understand circumstances change and that you may require the Vehicle for longer than the initial Rental Period. If so, you must notify us at least two hours prior to the expiration of the Rental Period.

      4. If we have agreed to an extension of the Rental Period, and your extended Rental Period is longer than 30 days, you must take the vehicle to the Rental Location on day 30 and every 30 days thereafter to pay the additional Rental Charges unless you have our prior written agreement to vary these conditions

      5. If you fail to notify us at least two hours before the expiration of the rental period that you require an extension, we may:

        1. terminate the Rental Contract; and

        2. recover the Vehicle by lawful means.

      6. A “no show” fee may apply if you fail to notify us of your intended cancellation prior to the date and time of the commencement of your reservation.

      7. We reserve the right to substitute a suitable replacement vehicle at any time.

    3. Costs, Charges & Payment
      1. At the start of the rental you must provide your credit card or Debit Card which we may preauthorize as security to pay your rental charges. Payment by Debit Card is not acceptable on all vehicle rentals and you should check with the Rental Location that your proposed means of payment is acceptable to us before signing the Rental Contract. Where Debit Cards are accepted we do authorize 20% above the estimated amount of the rental. The final charges will be applied on the date the Vehicle is returned and any funds due back will be released to you on that date. Your bank may take up to ten business days to credit the money back to your account.

      2. When collecting the Vehicle the primary cardholder must be present.

      3. At the end of the Rental Period you must pay us:

        1. the Rental Charges;

        2. all reasonable costs to return the Vehicle to the same condition it was in at the start of the Rental Period including but not limited to extra cleaning; and

        3. any amounts payable under clauses 3.8, 3.9, 4.6, and 4.7.

      4. If there is Damage or Third Party Loss you must pay us:

        1. the DLF and

        2. the SVALF where a Single Vehicle Accident has occurred on Unsealed Roads,

        unless your Rental Contract is for Customer Own Insurance in which case you are liable for all Damage and Third Party Loss.

      5. If the DLF and, where applicable, the SVALF are payable under clause 3.4 but there is no Third Party Loss:

        1. Upon return of the Vehicle to the Rental Location we make an estimate of the damage and charge your Yoma Fleet account the estimated amount up to but not exceeding the DLF and, where applicable, the SVALF shown in your Rental Agreement; and

        2. Once Damage has been assessed we will:

          1. Debit your Yoma Fleet account with the difference up to the total amount not exceeding the DLF and SVALF shown in your Rental Agreement; or

          2. Credit your Yoma Fleet account with the difference, and forward you a tax invoice for the assessed amount.

      6. If you have not paid the DLF and SVALF as required by clauses 3.4 and 3.5 you are breach of the Rental Contract. You then have no cover and are liable for each of the items and amounts payable under clause 4.7.

      7. The Vehicle is supplied at a defined fuel state based on the fuel gauge. If the Vehicle is not returned with at least the same fuel state, a refueling charge will apply. You must also pay for any fuel used for the delivery and collection service.

      8. The Myanmar Government has authorized road tolls on certain roads and you must pay these tolls as the vehicle user.

      9. You are liable for and must pay:

        1. speeding and traffic fines, infringements and penalties arising from the use of the vehicle;

        2. fines, infringements and penalties arising from parking, clamping, towing, or release of the vehicle from compounds; and

        3. all court fees or costs arising from sub clauses 3.9.1 or 3.9.2, whether you are driving the vehicle or not.


      10. We may supply your details to any regulatory authority upon its request and an Administrative Fee applies if we do.

      11. All amounts payable under the Rental Contract are subject to subsequent verification and adjustment, and details of any adjustment will be provided to you as soon a practicable. If a refund is due to you it will be credited to your Yoma Fleet account. If any amount is due to us, you authorize us to charge your Yoma Fleet account with that amount, including DLF, the SVALF and any amounts payable under clauses 3.8, 3.9, 4.6 or 4.7. These changes may be made at any time during or after the rental period.

      12. If you hired the Vehicle from one location and return it at another, additional fees may apply.

      13. If currency conversion is required for payment of amounts due to us under the Rental Contract, we will apply the commercial exchange rate valid at the time we credit or debit your Yoma Fleet account.

      14. If you fail to pay us any amount due under the Rental Contract, you must also:

        1. Pay us interest on that overdue amount calculated at 18% per annum and starting seven days after the date that overdue amount become payable to us, and ending on the date of payment that all amounts due; and

        2. Pay the reasonable costs and charges we incur in recovering or attempting to recover that overdue amount, including debt collection fees, commission, and any legal costs.


    4. Covers and Waivers
      1. The DLF and, if applicable, the SVALF, each shown on the Rental Agreement must be paid if there is Damage or Third Party Loss unless your Rental Agreement is for Customer Own Insurance in which case you are liable for all Damage or Third Party Loss.

      2. If coverage is purchased to reduce your liability, we will provide cover for Damage or Third Party Loss, but you must pay the DFL or SVALF.

      3. The DFL and SVALF shown on the Rental Agreement are payable for each separate event and whether you are fault or not. In the event of third party recovery, your account will be credited on a case by case basis.

      4. The Rental Contract provides no cover for personal property owned by you, any other driver or any passenger

      5. If there is Damage or Third Party Loss and you have purchased LDW, your DLF or SVALF is reduced to the amount shown on the Rental Agreement, but never to nil. This level of coverage is subject to you not being in breach of the Rental Contract.

      6. You must always pay and there is no cover for:

        1. the DLF if there is Damage or Third Party Loss;

        2. the SVALF if there is Damage or Third Party Loss caused by a Single Vehicle Accident operating on Unsealed Roads;

        3. the cost of rectifying windscreen, headlight, wheel or tire damage;

        4. Damage or Third Party Loss that occurs whilst a Commercial Vehicle is being driven in reverse;

        5. Overhead Damage;

        6. underbody damage and any damage linked to that underbody damage caused by contact between the underside of the Vehicle and any part of the roadway or any object or obstruction including, but not limited to curbs, gutters, speed or road humps, barriers or wheel stops;

        7. Damage or Third Party Loss caused deliberately or recklessly by you, any unauthorized driver or any passenger in the Vehicle;

        8. Damage caused by total or partial inundation or immersion of the Vehicle in water or exposure of the Vehicle to salt water, including that which occurs whilst the Vehicle is being transported;

        9. Damage or Third Party Loss caused or contributed to by you or any driver where you or the driver leaves the scene of the accident prior to the attendance of the police or reporting the accident to the police;

        10. the full cost of replacing or repairing any accessories supplied by us including, but not limited to child restraints, GPS units, and keys;

        11. Damage caused by the use of the incorrect fuel type;

        12. Damage or loss if the Vehicle is taken into any area prohibited by the Rental Contract;

        13. property that is stolen from the Vehicle, lost or damaged during the Rental Period or left in the vehicle after the Vehicle is returned to the Rental Location;

        14. loss or damage to your property, the property of your immediate family or an entity related to you that arises from the use of the Vehicle;

        15. Damage or Third Party Loss if your Rental Contract is for Customer Own Insurance


      7. If you or any driver whether authorized or not breach the Rental Contract there is no cover and you and any driver are liable for:

        1. Damage;

        2. Third Party Loss;

        3. storage, repossession and recovery fees;

        4. roadside assistance: and

        5. administration and legal costs of recovery, even if coverage has been purchased.


    5. Customer Own Insurance
      1. If you have a corporate service agreement with us that provides for Customer Own Insurance and if your Rental Agreement records that your Rental Contract is for Customer Own Insurance:

        1. All Damage and Third Party Loss arising from the use of the Vehicle is your responsibility and must be paid in full by you; and

        2. you fully indemnify us for:

          1. Damage and Third Party Loss; and

          2. any demand, claim, including a claim for legal costs, action or proceeding made, commenced or issued by or against you, that arises from the use of the Vehicle.


    6. Your Responsibilities
      1. In this section we set out the responsibilities you have to us when you rent one of our Vehicles. You should be aware that a failure to fulfill any of these responsibilities is a breach of the Rental Contract with the consequences that are set out in clause 4.7.

      2. The Vehicle must only be driven by you or any supplementary drivers stated in the Rental Agreement.

      3. You must:

        1. be no less than 21 years of age;

        2. hold a full, current, unrestricted Myanmar or ASEAN license for the applicable Vehicle to be rented;

        3. Fully inspect the Vehicle at the start of the rental to ensure the condition of the Vehicle and any pre-existing damage is accurately noted and shown in the Rental Agreement. If there is any discrepancy, you must notify us prior to leaving the Rental Location; and

        4. tell us if you will be using the Vehicle in another country


      4. During the Rental Period you must:

        1. take all reasonable care of the Vehicle:

          1. to prevent Damage or Third Party Loss;

          2. to ensure the Vehicle is not overloaded by the weight of goods carried;

          3. to ensure the Vehicle is not overloaded by the number of persons carried based on the number of seat belts fitted;

          4. by using any security device fitted to or supplied with the Vehicle; and

          5. by protecting the Vehicle against inclement weather;


        2. keep the Vehicle locked and the keys under your personal control at all times and you must be able to produce those keys in the event of theft of the Vehicle;

        3. maintain the Vehicle’s engine oil, brake fluid, engine coolant levels and tire pressures as per the recommendations in the manufacturers handbook;

        4. use the correct type of fuel; and

        5. return the Vehicle and any accessories supplied by us including, but not limited to child restraints and GPS units in the same condition as at the start of the rental.


      5. You must never:

        1. use the Vehicle when it is damaged or unsafe;

        2. drive the Vehicle whilst under the influence of alcohol, betel, or drugs;

        3. fail or refuse to undergo alcohol and drug impairment testing

        4. drive the Vehicle whilst your driving license is subject to any restriction or condition;

        5. commit:

          1. any willful, deliberate or criminal act, including an act of driver abuse; or

          2. an act of connivance with any person acting for you or on your behalf, that causes Damage or Third Party Loss;

        6. drive the Vehicle dangerously or recklessly;

        7. use a mobile phone whilst the Vehicle is in motion;

        8. leave the keys in the Vehicle whilst it is unattended or unoccupied by you or any passenger;

        9. leave the Vehicle unattended following an accident and before the arrival of a tow or salvage operator;

        10. modify the Vehicle in any way and no roof racks or tow bars are permitted unless fitted by us;

        11. use the Vehicle for carriage of passengers or property for hire, fare, or reward unless the Vehicle is a Commercial Vehicle and you have our prior written authority;

        12. use the Vehicle for off-roading, reliability trials, contest, speed testing, driving instruction, to propel or tow another vehicle, in violation of any legislation, order or regulation affecting the use, loading or condition of the vehicle, or for illegal purpose;

        13. use the Vehicle for transporting any animals unless specifically approved by us. Additional cleaning charges may apply and will be shown on the Rental Agreement; or

        14. sell, rent or dispose of the Vehicle.


      6. You and any passenger must not smoke or chew betel in the Vehicle.

      7. Parts of Myanmar are not suitable for access by rental vehicles. To prevent damage to the Vehicle and for your own personal safety we strictly enforce conditions that restrict you use of the Vehicle.

      8. Unless we have given our prior written consent, you must never take the Vehicle outside Myanmar

      9. You must never take the Vehicle:

        1. off road;

        2. through any river, stream, creek or tidal crossing;

        3. through flood waters or on flood prone roads or on any road where the state or condition of the road make the use of the vehicle unsafe;

        4. on any road where the police, military or any government or statutory authority has issued a warning, caution or which has been closed; or

        5. onto any road where we have notified you that the use of the Vehicle is prohibited.



    7. Our Responsibilities
      1. When you make a reservation with us we will provide a Vehicle that is in good working order for the Rental Period.

      2. If the Vehicle breaks down during the Rental Period because of our negligence or willful default, we will recover and repair the Vehicle as soon as possible. If the Vehicle cannot be repaired, we will use our best endeavors to provide a replacement Vehicle of an equivalent size and standard to the previous Vehicle for the remainder of the Rental Period.

      3. If it is not possible to conduct an inspection of the Vehicle at the end of the Rental Period, we will use our best endeavors to confirm the condition of the Vehicle with you within four working hours of final inspection.

      4. We are only responsible for any direct loss that you suffer as a result of our breach of the Rental Contract. We are not responsible for missed flights, disrupted travel or holiday plans, loss of employment or opportunity, indirect or consequential loss.


    8. Our Responsibilities
      1. Inherent mechanical faults in the Vehicle receive free roadside assistance.

      2. Fees and charges apply for all other faults or driver induced errors, including but not limited to:

        1. incorrect refueling:

        2. a flat battery;

        3. lost keys;

        4. keys locked in the Vehicle;

        5. tire changing.


      3. We reserve the right not to replace the Vehicle if it is involved in a major accident or there has been major Damage or you have breached the Rental Contract.

      4. If:

        1. a warning light appears;

        2. you see or become aware of low engine oil or brake fluid, engine coolant levels or low tire pressures; or

        3. the Vehicle develops any fault during the rental period,

        you must inform us immediately via the contact details in the Vehicle and in the Rental Agreement and not use the Vehicle unless we have authorized you to do so. If you fail to notify us and continue to use the Vehicle you will be responsible for any Damage or Third Party Loss.

      5. You must not let anyone work on the Vehicle or arrange or undertake any repairs to the Vehicle or towing or salvage of it unless we have given our prior authority. You must keep and produce to us the original tax invoices and receipts of any repairs, towing, or salvage and you will be reimbursed only if these expenses have been authorized by us. Any entitlement to reimbursement is subject to there being no breach of the Rental Contract.

      6. You must immediately report any accident or theft of the Vehicle to us in writing and complete all documentation that we require and forward any third party information to us within seven days.

      7. If you have an accident in which:

        1. a person is injured;

        2. the other party failed to stop or exchange details;

        3. the Vehicle or other vehicle is towed;

        4. or a driver appears to be under the influence of alcohol or drugs, a report must be made to the police immediately.


      8. If the Vehicle is stolen a report must be made to the police immediately.

      9. If you have an accident you must also:

        1. take lots of photos of the crash site from many angles, and then make the Vehicle secure;

        2. get the names, addresses, registration and vehicle type information, of those involved, plus details of any witnesses;

        3. supply us with the any information concerning the driver of the Vehicle and you must allow us direct access to the driver of the Vehicle and you must fully cooperate in allowing us to gain such access;

        4. not make or give any offer, promise of payment, settlement, waiver, release, indemnity, or admission of guilt;

        5. permit and assist us to bring, defend, enforce or settle any legal proceedings against a third party, including attending at a lawyers office and/or court proceedings; and

        6. allow us to claim in your name under any applicable substitute vehicle insurance, and do everything that may be required to assist in making such a claim.


    9. End of Rental Contract
      1. At the end of the Rental Period, in addition to your obligations under clauses 3.3, 3.4, and 3.5. You must return the Vehicle to us:

        1. To the Rental Location;

        2. In the same condition it was at the start of the rental; and

        3. At the date and time set in the Rental Agreement.


      2. We allow a grace period of 59 minutes for the return of the Vehicle, but if it is returned to us more than 59 minutes after the time set for its return in the Rental Agreement you will be charged one full days extra rental. Standard daily rates will apply if the Vehicle is returned to us more than 24 hours after its return in the Rental Agreement unless the Rental Contract has been extended by us. You will also be liable for any repossession charges, Damage or Third Party Loss or any costs we incur.

      3. If you return the Vehicle to a rental station other than that shown in the Rental Agreement, or when the Rental Location is closed, or any place other than a Yoma Fleet rental station:

        1. A one way fee may apply;

        2. You will be deemed to have returned the Vehicle only after the final inspection of it has been conducted by us; and

        3. The Rental Charges will continue and you will be responsible for damage and third party loss until that final inspection.


      4. If a bond has been prepaid to us it is fully refundable to you provided that at the end of the Rental Period:

        1. all amounts due to us under the Rental Contract have been paid;

        2. the Vehicle has been returned to the Rental Location at the date and time set in the Rental Agreement;

        3. there is no Damage or Third Party Loss;

        4. the interior and exterior of the Vehicle are reasonably clean;

        5. the Vehicle has the same fuel state (or more) as when rented; and

        6. the Rental Contract has not been breached.

        We reserve the right to retain all or part of a bond if there is a breach of any of these conditions.

      5. If we terminate the Rental Contract it will not affect our right to receive any money we are owed under the Rental Contract. We can also claim reasonable costs from you if you do met any of the requirements of the Rental Contract.

    10. Breach of Rental Contract
      1. We may terminate the Rental Contract and take immediate possession of the Vehicle if:

        1. you breach the Rental Contract; or

        2. a reckless breach of road or traffic legislation has taken place.


      2. If the Rental Contract is terminated by us you must pay for:

        1. Damage;

        2. Third Party Loss;

        3. storage, repossession and recovery fees;

        4. roadside assistance.


      3. If we have terminated the Rental Contract you give us permission to access and enter your premises to repossess the Vehicle without using unreasonable force or causing Damage.

    11. Applicable Law
      1. This Agreement shall be governed by the laws, rules, regulations, directives and procedures of the Republic of the Union of Myanmar.

      2. If a dispute cannot be resolved between the Parties within thirty (30) days after the date the dispute was referred under the IDR process set out in Clause 12 below, any such dispute arising out of or in connection with this Rental Contract, including any question regarding its existence, validity or termination shall be referred to and finally resolved by arbitration at Union of Myanmar Federation of Chambers of Commerce and Industry (“UMFCCI”) nationwide in accordance with the Arbitration Act 1944 or any amending or superseding legislation in force at the time. The arbitration proceedings shall be conducted in the English language and any decision or award rendered by the arbitration tribunal shall be written in the English language.

    12. Dispute Resolution
      1. If you believe there has been an error in your account or if you have any complaint, our staff at the Rental Location will help you in every way they can to rectify the error or resolve the complaint. If they were unable to assist you or if your concerns are not resolved to your satisfaction you may refer the matter to our internal dispute resolution (IDR) process.

      2. Upon receipt of your referral to our IDR process, we will acknowledge receipt of your request, and a timeline to reach a satisfactory outcome.

      3. We will use our best endeavors to reach a final outcome within 21 days.

      4. Referrals to our IDR process can be to any of the following:

        • Post:

          B-1, 1st Floor, Yoma Bank Building,
          FMI City, Hlaing Tharyar Township, 11401, Yangon, Myanmar

        • Phone:

          09 966235338 (09 YOMAFLEET)

        • Email:

          aung@yomafleet.com


    13. Privacy Policy
      1. We collect and use your personal information to provide you with the best level of service possible.

      2. We respect your privacy so we take all reasonable steps to make sure that your personal information is accurate and up to date and that is protected from misuse, unauthorized access or wrongful disclosure.

      3. Your personal information may be disclosed to selected third parties with whom we have arrangements to protect your privacy such as one of our program partners.

    14. Acknowledgement
      1. Hereby I and any additional driver acknowledge that this rental agreement is subject to the Yoma Fleet Ltd. terms and conditions provided on collection of the vehicle. An infringement processing fee of $50 will be charged for processing parking, speeding toll and other infringement notices.

      2. In the event of any loss or damage, the hirer acknowledges an excess $300 for loss or damage applies if not recovered from a third party.

      3. I authorize Yoma Fleet Ltd. to charge My credit card or invoice to me for all charges due to rental. Cash rental refunds due may be issued by cheque.