Terms and Conditions

Yoma Car Share Membership

Yoma Car Share is a membership that gives you access to rent cars 24/7. You can reserve a car online on the website or with an app on your phone. Rental is available from hourly to up to 30 days from a Yoma Car Share rental hub. You have to agree to follow the rules and be respectful to other 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. Make sure to read the FAQ section on the website for more details.

Contents

• 1. Definitions Page 2
• 2. Yoma Car Share Website and Mobile Applications Page 2
• 3. Application to become a Yoma Car Share Account Holder Page 2
• 4. Application to become a Yoma Car Share Driver Page 2
• 5. Accessing our cars Page 3
• 6. Yoma Car Share's Responsibilities Page 3
• 7. Member Responsibilities Page 3
• 8. Making a Booking Page 4
• 9. Booking Period Page 4
• 10. Booking cancellation Page 4
• 11. Car Collection Page 5
• 12. During a Booking Period Page 5
• 13. Refueling Page 5
• 14. Accident, damage & theft Page 5
• 15. Breakdown Page 5
• 16. Parking and traffic offences Page 6
• 17. Car return Page 6
• 18. Pricing Structure Page 7
• 19. Insurance Policy Page 7
• 20. Billing Page 8
• 21. Refund Policy Page 8
• 22. Membership Benefits Page 8
• 23. Your Personal Information and Privacy Page 9
• 24. Member Communications Page 9
• 25. Customer Service Page 10
• 26. Termination of Membership Page 10
• 27. Amendments Page 10
• 28. Force Majeure Page 10
• 29. Severance Page 10
• 30. Governing Law and jurisdiction Page 10
• 31. Assignment Page 10

1. 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 in the Rental Contract 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 (We may use the term “Account Holder” and “Driver” interchangeably in this Rental Contract; however, both have equal meaning and responsibility). 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 access to 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

or Vehicle 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, or Visa Credit Card.

Damage

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

Debit Card

means MPU, MasterCard or Visa Debit Card.

Driver

means a person over 21 years of age with above 6 months license validation 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, clearways. Paid/Metered parking is legal whilst the parking fee has been paid.

Mobile Wallet

means mobile applications that allow users to do monetary transactions on their platform such as WavePay and KBZPay.

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 in this Rental Contract.

Third Party Loss

means the loss or damage to third party property, including other motor vehicles, 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

or Car 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.

2. Yoma Car Share Website and Mobile Applications

Yoma Care Share has one website, carshare.yomafleet.com, and two mobile applications, Yoma Car Share and Yoma Car Share Driver Applications. Our websites and mobile applications strictly follow international standards. And our mobile applications are approved in iOS App Store, Google Play Store and Huawei App Gallery after following strict rules, regulations, terms, and conditions by these application platforms. We have declared privacy policy and follow the international standard data policy. To perform actions on Yoma Car Share website and mobile applications, a member will have to register, log into his/her Yoma Car Share member account and use our services. All member accounts are protected by each member’s password, and we have applied high security protocols in protecting our services.

3. 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 applicant agrees to provide his/her own information and that all information provided is true and correct.
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/debit card details, and a proof of address or ID-Selfie). To ensure the validity of your credit/debit card, the system will initiate an initial deduction of 3,000 MMK from your payment card during the first-time addition. This verification process is exclusive to new payment card additions, and the deducted amount will be automatically refunded within 24 hours. 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. An organization can apply several members under its corporate account on Yoma Car Share. It is the responsibility of the organization to update the Yoma Car Share of the active member list. If an employee at the corporate accounts is no longer employed at the organization, the organization must inform Yoma Car Share to deactivate such member under the corporate accounts. It is not the responsibility of Yoma Car Share to verify who can use services under the corporate accounts.
6. Under corporate accounts, whenever a member submits a corporate reservation, authorized person(s) or approval person(s) must approve or reject the corporate reservation request. It is the responsibility of the corporate approval and authorized person to check and verify corporate reservations, and that the organization must inform Yoma Car Share if there are authorized and approval person changes.
7. By applying a corporate account on Yoma Car Share, the organization takes the full responsibility of all the outstanding payments by all its members.
8. Yoma Car Share reserves the right to refuse any membership application at our discretion. Yoma Car Share also reserves the right to rescind the membership rights to the approved members from the Yoma Car Share system at our discretion.

4. Application to become a Yoma Car Share Driver / Extra 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 applicant agrees to provide his/her own information and that all information provided is true and correct.
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.

5. 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 iOS App Store, Google Play Store and Huawei AppGallery. 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.

6. 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.

7. 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 insurance policy.
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, unless the vehicle is a Four-Wheel Drive (4WD) vehicle.
   4. Travelling to/from or through known conflict zones.
   5. Racing
   6. Teaching someone to drive
   7. Hauling any goods that are incorrectly or inappropriately loaded or for the haulage of which the Car was not designed
   8. Driving Yoma Car Share vehicle outside the legal territory of the Republic of the Union of Myanmar
   9. Sub-renting to a person and adding this person as an Extra Driver.
4. Account Holders and/or Drivers must not sell, rent, pawn 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 mind-altering substances such as drugs, alcohol and other substances 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.

8. Making a Booking

1. A Driver can only book one reservation at one time 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.
4. A booking confirmation email is sent after an online 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. For corporate reservation, it is the responsibility of the corporate members to approve and/or reject the corporate reservation requests by its members. Failure to approve/reject the reservation may result in the automatic cancellation of the corporate reservation and Yoma Share Car does not guarantee the vehicle availability due to such cancellation.
6. 4 minutes before the reservation time, a deposit of MMK 600,000 plus the trip’s estimated rental cost shall be pre-authorized for Credit Card users and transacted as a purchase for Debit Card. For Mobile Wallet 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. (Reservations cannot be updated when it is booked with a Mobile Wallet.)
7. 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.
8. Yoma Car Share cannot guarantee your preferred booking time or Car will be available prior to booking.

9. 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.
   1. Yoma Car Share reserves the right to deactivate the trip extension feature on its website and mobile application during the high season period.
6. If a user updates his/her upcoming reservation’s pick-up time and/or location more than 2 times for a single upcoming reservation, Yoma Car Share reserves the right to cancel such reservation.
   1. Excessive updates such as updating the upcoming reservation up to 2 times per a single upcoming reservation for every reservation that the user makes within a given period, Yoma Car Share reserves the right to suspend the user of the membership rights.

10. 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 Mobile Wallet.
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.
6. Yoma Car Share reserves to cancel any reservation at its own discretion.

11. 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 reserves 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.

12. 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. 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. Strong odor food/items such as including but not limited to durian, salted dried fish, bamboo shoots, industrial chemicals among others are also prohibited.
5. Drivers must lock the Car when not using it during their Active Booking Period. If the car is unlocked during the active booking period, the Account Holder will be charged the cost of any damage or loss of property suffered by Yoma Car Share due to the car being unlocked by the Driver.
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. Drivers and Account Holders are strictly forbidden to change, remove or add any parts, spare parts, components, seats, stickers, branding logo, accessories, devices, any conditions and/or part of the Car. Violating this shall be severely fined until Yoma Car Share is satisfied with the condition of the Car.
8. Support cannot be offered to Drivers who do not have access to a phone during their booking.
9. Driver and/or the Account Holder must not take or operate the Yoma Car Share car to known unsafe geographical areas, which is including but not limited to, war zone, dispute area, trouble spots, combat area, conflict zones among others.
   1. In the case of violating this clause, all insurance and damage cover policy shall be voided and the Driver and/or the Account Holder are fully responsible for any cost, charges and/or loss of the vehicle.
   2. Unsafe geographical areas can be found in the Restricted Areas list.
10. In case of continuous and multiple 30-day booking by the Account Holder, the Driver and/or the Account Holder must
    1. allow Yoma Car Share to change the car if the periodic maintenance is required;
    2. allow Yoma Car Share to do a monthly check;
    3. return the Car to the rental hub for the next booking. Yoma Car Share is under no obligation to “End the trip” on behalf of the Account Holder remotely; and
    4. pay all charges due from the previous reservation before the next booking commences. Failure to do so may result in the cancellation of the upcoming booking.

13. 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/book 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/book being faulty, missing or if there are no available fuel stations that accept the Yoma Car share fuel cards/books, 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. We reserve to reject fuel claims at our discretion, and we are not obligated to provide rejection reason(s).
5. The Driver is also required to report the faulty or missing Fuel card/book to Yoma Car Share at 09YOMAFLEET (09966235338).

14. Accident, damage & theft

1. If the Driver has an accident, damage or theft, the Driver should:
   1. Immediately call Yoma Car Share hotline at 09YOMAFLEET (099966235338) and inform of the accident.
   2. Follow the instructions given by the Yoma Car Share hotline.
   3. In case of accident and damage,
      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; and
      4. Take pictures of the car before moving from the accident area;
2. The Driver must provide all information Yoma Car Share reasonably requests concerning the accident, damage or theft within 24 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. Failure to provide all required information within 24-hour will result in voiding insurance coverage.
3. Drivers must provide accurate statements and cooperate with Yoma Car Share in any way as required by them.
4. Drivers and/or the Account Holder must not negotiate, deal or decide on the damage repair cost on behalf of Yoma Car Share with any involving third party.
   1. In the case that the Driver and/or the Account Holder violates the above Clause, all insurance cover will be voided.
5. For accident, damage and theft insurance policy, refer to the Article 18 Insurance Policy in this terms and conditions.
6. Driver and/or the Account Holder must not decide, judge or assume the condition of the Car after the accident and/or damage, and continues using the Car without informing Yoma Car Share of the said accident and/or damage.
   1. The failure to inform Yoma Car Share of the accident/damage immediately and continuance of using the Car with own judgement shall void all insurance policy and damage cover.

15. Breakdown

1. Any breakdown involving a Car must be reported to Yoma Car Share by phone on 09YOMAFLEET (09 966235338). Either Yoma Car Share and/or our service partner(s) will attend to the Car. The waiting time to give support will depend on the location of the breakdown. The Driver may be provided with alternative transport depending on the location and availability. This alternative transport is not a guarantee.
2. If the Account Holder and/or Driver is found to have operated the Car after the noticeable breakdown and without informing Yoma Car Share, the Account Holder/Drive shall take the full responsibility of the repair cost and all insurance coverage is voided.
3. 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 09YOMAFLEET (09966235338) and park the Car in accordance with road rules and follow Yoma Car Share’s instructions.

16. 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.
5. Yoma Car Share Cars and fleet are on rotational basis depending on the reservation time. The Account Holder and/or Driver are not allowed to use the Yoma Car Share rental hub parking during the active booking period. In case of this violation, Yoma Car Share reserves the right to move the Car from the rental hub without informing the Account Holder/Driver. The Account Holder/Driver are responsible for parking charges after parking relocation.

17. 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 commencement. This 7-day extension is not fixed, and we reserve the right to change the extension period allowance.
   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. We reserve the right to suspend any extension feature on our website or mobile application.
   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 the reservation is not extended, the late fee of MMK 10,000 per 30 minutes plus rental fees is charged until the vehicle is returned. However, we reserve the right to change or update the extension fees.
   5. We reserve the right to substitute a suitable replacement vehicle at any time to the extended reservations. In case of the vehicle change for the extended period, the rental charges and rates will be adjusted to the changed vehicle's rates.
   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 charged 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 extra cleaning services. 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 give the items to charity or thrown 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 09YOMAFLEET (09966235338) and request a remote entry.
10. If a Driver has booked a Car and keeps the car past the end of the booking time with or without notifying Yoma Car Share and does not answer calls from Yoma Car Share or answer the calls from Yoma Car Share but does not return the car to the chosen rental hub at the end of the booking time,
    1. we may consider the Car stolen and report the Driver to the police;
    2. we may remove the Driver and/or the Account Holder's access to the car without notifying;
    3. we reserve the right to charge the Driver for the entire period they keep the car or until we retrieve the Car.
    4. we 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;
    5. we reserve the right to publish the Account Holder and/or Driver's name and personal information in the public domain such as newspaper, internet and social networks in order to facilitate the recovery of the vehicle; We may publish your name and personal information in newspaper and internet/social networks to recover our vehicle, which you have failed to return at the agreed return time and that we do so as we cannot contact you by any means or that we can contact you but you are refusing to return our car, and hence, you agree not to file a lawsuit against us using Telecommunication Act (66 D) and you have given us the right to publish your information.
    6. we reserve the right to suspend and/or rescind the membership rights of the Driver and/or the Account Holder.
    7. we reserve the right to inform other Yoma Group entities the details of the Driver and/or Account Holder, past transaction history and details of any breaches of any terms and conditions.
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.

18. Pricing Structure

1. Current plans and rates information are 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 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, kilometer rates and other relevant charges. The hourly rate, daily rate and 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. Yoma Car Share pricing structure is formatted based on the time of a day and the number of the days that the user rents. The longer the user rents, the cheaper the rental rate is. In the case of the user returning the car earlier than the reserved period, the final rental charges will be higher than the estimated rental cost during the reservation period. In case of such price changes, Yoma Car Share is under no obligation to reduce or adjust the price to meet the rate of the estimated rental cost that was shown during the reservation period by the user. For more information about the pricing structure, please visit our website, mobile application or contact our hotline.
5. 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 members' responsibility to be aware of, and adhere to, any offer conditions.
   1. We have no responsibility to update the reservation with any active promotions which were not filled out by the Account Holder during the reservation process.

19. Insurance Policy

1. Myanmar and ASEAN Driving License Holders
   1. In case of accident, Drivers and/or the Account Holder with the Myanmar and ASEAN Driving License are eligible for GGI Insurance coverage.
   2. If GGI Insurance only approves the partial claim or rejects the claim, the Account Holder shall be responsible for the remaining balance and compensate for the full damage repair charges to Yoma Car Share.
   3. Regardless of the Drivers and/or the Account Holder's fault or not in an accident, Yoma Car Share do not cover the third-party compensation. GGI Insurance may cover the third parties involved in the accident. If the coverage is partial or if the claim is rejected, it is the responsibility of the Drivers and/or the Account to compensate the third-party in full amount.
   4. Myanmar and ASEAN Driving License Holders are not eligible for Yoma Car Share USD 300 Damage Waiver Policy.
2. International Driving Permit Holders
   1. In case of accident, Drivers and/or the Account Holder with the International Driving Permit Holders are eligible for Yoma Car Share USD 300 Damage Waiver Policy.
   2. Under the Yoma Car Share Damage Waiver policy, 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 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 Yoma Car Share and the other parties involved in the accident and/or loss.
   3. In case of third-party involvement, Yoma Car Share shall not take responsibility regardless of any party's fault in the accident. It is the responsibility of the Driver and/or the Account Holder to compensate the damages and any charges incurred to any involved third parties.
3. Driver and/or the Account Holder with only foreign driving license i.e. without hold the international driving permit are not eligible for any insurance, and must take full responsibility for any charges incurred due to an accident.
4. Regardless of the type insurance policies (both GGI and Yoma Car Share Damage Waiver Policy), the Driver and/or the Account Holder must inform Yoma Car Share of any accident, damage and theft immediately. Failure to inform us immediately after the accident will result in non-insurance coverage.
5. Neither GGI Insurance or Yoma Car Share own insurance does not cover theft and war risk. The Driver and/or the Account Holder shall be fully responsible and must repay Yoma Car Share of the Car's booked value cost in case of theft and loss of the vehicle.
6. In case of a major accident, if the car is beyond the irreparable damage, the driver must take the responsibility of compensating Yoma Car Share for the loss of the vehicle at the market value price. If the insurance covers the partial cost of the market value of the vehicle, the Account Holder must cover the rest of the value of the vehicle.
7. It is imperative that the Driver and/or the Account Holder gives accurate and truthful information about the accident, damage, or theft to Yoma Car Share. In case of misinformation, all insurance coverage will be voided.
8. In case of the Driver and/or the Account Holder misinforming or miscommunicate to the insurance about the accident case and if the insurance rejects or only partially covers the case for the coverage, the Account Holder must take the responsibility for the full repair or market value of the vehicle cost.
9. If the Driver (Extra Driver), who has not been informed to Yoma Car Share and/or sub-renter caused the accident, damage, theft and/or loss of the vehicles shall be the sole responsibility of the Account Holder.
10. In the event of illegal use, no coverage will apply.
11. No cover is provided for the theft of personal belongings from the Car, nor is any personal accident cover provided to the driver.
12. Account Holders are liable to pay the full cost of the damage in case of the followings, which are not covered by any insurance policy:
    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.
    11. Theft or loss of the vehicle.
    12. War Risk - operating the Yoma Car Share Vehicle in known geographical areas as stated in Clause 12.9.2.
13. 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.
14. 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.
15. Yoma Car Share reserves the right to rescind the membership rights and remove the Account Holder from Yoma Car Share services in case of multiple accidents.
16. If the damage repair process takes more than 3 days, Yoma Car Share reserves the right to charge the Account Holder of the daily rental rate until the vehicle has been repaired. If the accident is caused by a third party, the Account Holder may discuss charging the rental rate during the repair period with the third party. Yoma Car Share is under no obligation to reduce rental rate for the repair period regardless of the user fault or third-party fault.
17. When the accident occurs during the reservation period, Yoma Car Share reserves the right to end the reservation early. Providing a replacement car during the reservation for accident is the sole decision of Yoma Car Share, and the Account Holder/Driver has no right to request for a replacement car.
18. Due to the accident, if the Account Holder/Driver is unable to continue their journey, it is the responsibility of the Account Holder/Driver to arrange own transportation. The cost arising from this other transportation method is also the Account Holder's responsibility and Yoma Car Share will not bear any cost.

20. 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, your reservation will be automatically cancelled.
3. When you give us your payment method card details, you agree to allow us to deduct from your card(s) all charges that you may have incurred.
4. If you use Debit/Credit Card, we will verify your Card by deducting MMK 100 from your Card, which will be refunded to your card within 24 hours. In case of verification failure, you are required to add another payment method to your account.
5. We reserve the right to pre-authorize the deposit of MMK 600,000 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 Mobile Wallet 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.
6. If a payment method provided by the Account Holder to Yoma Car Share is declined by the card issuer or bank or Mobile Wallet 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.
7. 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 or Yoma Car Share Account 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.
8. 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.
9. 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.
10. Yoma Car Share reserves the right to visit the Address of the Account Holder for the outstanding payments.
11. Yoma Car Share reserves the right to contact the emergency contacts, affiliated members and/or business associates for any outstanding payments by the Account Holder.
12. Yoma Car Share shall contact and ask the Account Holder to pay if the parking and other traffic related offences which occurred during the Active Booking period and penalties and fines are communicated to Yoma Car Share after the booking period.
13. 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.
14. Corporate Account Holders and Account Users are required to update their payment receipt image in their completed reservations. Without this update, we cannot verify the payment and cannot update the payment status; which can result in Yoma Car Share account suspension and/or blacklisting the corporate account holders and users across all our business partners and affiliates.
15. 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. The Account Holder / Driver gives us this consent to make the announcement publicly on internet and social media networks and agrees not to file a lawsuit against us with the Telecommunication Act (66D).
16. In case of failure to make payment for any outstanding owed to us, we reserve the right to blacklist the Account Holder / Driver at the Yoma Group and the Central Bank of Myanmar; and provide or share the blacklisted user list and their detail personal information and credit history on Yoma Car Share to credit agencies and other banking and non-banking financial institutions without geographic limitation and anywhere in the world.

21. Refund Policy

1. Yoma Car Share shall refund the preauthorized or purchase amount of deposit MMK 600,000 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 your end trip provided that there are no penalties, fines, services chares, and any other disputes between you and Yoma Car Share.
3. The receipt of the refunded amount in your account is solely depended 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.
4. All our payments are transacted in Myanmar Kyat (MMK) and we do not have the authority on the exchange rate(s) that are applied by your bank or the card issuer.

22. Membership Benefits

1. Yoma Car Share offers 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 anytime 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 reserves 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. In case of the system error and if/when the membership point discrepancies occurs, Yoma Car Share reserves the rights to adjust the correct points without informing the member.
7. 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.
8. These promotion codes, coupons and membership points have their 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.
9. The coupons, membership rights and membership points are given to each member, and they are not exchangeable between members.
10. 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.
11. Yoma Car Share does 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.
12. Multiple promotion, points, coupons or promotion codes cannot be used in one reservation. Only one method is allowed to apply per reservation.

23. 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. In case of legal authorities requesting your personal information and/or the reservation information, we shall only supply such information if the legal authorities can provide us proven illegal activity by you with evidence or that you are in a situation that threatens your wellbeing and that are related to our rented vehicle.
4. 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
5. 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. our insurance service providers to provide insurance coverage for your travel;
   4. if you are a Driver but not the Account Holder, the Account Holder.

24. 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 serve members who do not have a valid email address.
2. Yoma Car Share also requires a mobile phone number to 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.

25. 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.

26. 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 chooses 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 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.

27. 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.

28. 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.

29. 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.

30. 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.

31. 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.

Notice

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.

Restricted Areas

Yoma Car Share members are forbidden to travel to the following restricted areas with the rented Yoma Car Share vehicles. In case of any loss of life, damage to the car, loss of vehicle or any other related issues arising from violating this rule, the member has to take full responsibility. Yoma Car Share reserves to remove the access to the vehicle during the reservation period if the member travels to these restricted areas and reserves the right to rescind the membership of any member who violates this rule. (Please note that Restricted Areas are updated regularly.)