Terms & Conditions
Last Updated: 18 April 2025 · Effective: 18 April 2025
These Terms and Conditions govern your use of the Optimari website at optimari.pro and any vehicle rental arrangement made with us. By using our website or entering into a rental arrangement, you confirm that you have read and agree to these terms. If you do not agree, please do not use our services.
These terms are governed by the laws of Malaysia. Any dispute arising from these terms shall be subject to the jurisdiction of the courts of Sabah, Malaysia.
1. Definitions
- "Optimari", "we", "us", "our" — Optimari, operating from 73 Jalan Tiga, 90000 Sandakan, Sabah, Malaysia.
- "You", "Customer" — the individual who uses our website or arranges a vehicle rental with us.
- "Services" — the vehicle rental arrangements offered by Optimari, including the Compact Lower-Emissions Day, Three-Day Lower-Emissions Plan, and Weeklong Lower-Emissions Touring plans.
- "Arrangement" — a confirmed rental agreement between Optimari and the Customer.
- "Vehicle" — any car or touring-class vehicle made available by Optimari as part of a rental arrangement.
- "Website" — the website operated by Optimari at optimari.pro.
2. Acceptance of Terms
By submitting an enquiry form, making contact with us about a rental, or entering into a rental arrangement, you confirm that:
- You are at least 18 years of age.
- You hold a valid driving licence recognised in Malaysia for the class of vehicle being rented.
- You have the legal capacity to enter into a binding agreement.
- You have read, understood, and accepted these Terms and Conditions.
3. Services
Optimari provides vehicle rental arrangements centred on lower-emissions vehicles and responsible driving guidance. Our three current plans are:
- Compact Lower-Emissions Day (RM 540): One-day rental with a compact vehicle, pickup briefing, and fuel-saving notes sheet.
- Three-Day Lower-Emissions Plan (RM 1,800): Three-day rental with a mid-size vehicle, including a route review for inter-state travel.
- Weeklong Lower-Emissions Touring (RM 4,200): Seven-day rental with a touring-class vehicle, mid-week check-in, and journey summary at the end of the rental period.
Services are available from our Sandakan premises during operating hours (Monday to Friday 8:30am–5:30pm, Saturday 9:00am–1:00pm). Availability is subject to vehicle stock and prior bookings. We reserve the right to decline an arrangement at our discretion.
4. Customer Responsibilities
When using our services, you agree to:
- Present a valid driving licence and any other documentation required at the time of vehicle collection.
- Operate the vehicle only on public roads in accordance with Malaysian road traffic laws.
- Not permit any unlicensed or unauthorised person to operate the vehicle.
- Not use the vehicle for commercial transport of passengers, racing, off-road driving, or any illegal purpose.
- Not take the vehicle outside of Malaysia without prior written consent from Optimari.
- Report any accident, damage, theft, or loss to Optimari and relevant authorities promptly.
- Return the vehicle on the agreed date and time in the same condition as received, subject to normal wear.
- Not smoke in the vehicle or transport hazardous materials.
5. Payment Terms
All prices are quoted in Malaysian Ringgit (MYR). Payment terms are confirmed at the time of booking. The following conditions apply:
- Prices stated on our website are the standard rates for each plan. No additional charges apply unless otherwise agreed in writing.
- A security deposit may be required at the time of vehicle collection and will be returned upon satisfactory return of the vehicle.
- The customer is responsible for all costs arising from traffic fines, toll charges, parking fees, or fuel consumed during the rental period.
- Cancellations notified more than 48 hours before the scheduled start of the rental will not attract a cancellation fee. Cancellations within 48 hours may incur a handling charge at our discretion.
- Optimari does not offer refunds for unused rental days once the arrangement has commenced.
6. Vehicle Condition and Damage
- Vehicles are inspected before and after each rental. Any pre-existing damage will be noted on a vehicle condition record at pickup.
- You are responsible for any damage to the vehicle that occurs during the rental period and is not attributable to pre-existing conditions.
- In the event of an accident, you must not admit liability to any third party without Optimari's prior written consent.
- Damage caused by negligence, wilful misconduct, or use contrary to these terms is not covered by our standard arrangement and costs may be recovered from the customer.
7. Intellectual Property
All content on the Optimari website — including text, images, layout, and design — is the property of Optimari or its content providers and is protected under Malaysian intellectual property law. You may not reproduce, distribute, or use any content from this website for commercial purposes without our prior written permission.
Journey summaries, route reviews, and fuel notes sheets provided as part of a rental plan are for the personal use of the customer who received them and may not be reproduced for commercial purposes.
8. Disclaimers
- Optimari provides its services on an "as available" basis. We do not guarantee that the specific vehicle model requested will be available; a comparable alternative may be substituted.
- Route reviews and fuel-saving guidance are provided as informational support only. Optimari makes no representation that following such guidance will achieve any particular fuel consumption outcome.
- Optimari is not liable for delays caused by road conditions, weather, third-party road closures, or any other circumstances beyond our reasonable control.
- Information on this website is provided in good faith and may change without notice. Optimari does not warrant the completeness or currency of website content.
9. Limitation of Liability
To the maximum extent permitted by Malaysian law:
- Optimari's total liability to you in connection with any rental arrangement shall not exceed the total amount paid for that arrangement.
- We are not liable for indirect, consequential, or incidental losses, including loss of income, loss of data, or loss of business opportunity.
- Nothing in these terms limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under Malaysian law.
10. Indemnification
You agree to indemnify and hold Optimari harmless from any claim, loss, damage, or expense (including reasonable legal costs) arising from your breach of these terms, your negligent or unlawful use of a rented vehicle, or any misrepresentation made to us in the course of arranging a rental.
11. Termination of Arrangement
Optimari may terminate a rental arrangement with immediate effect, require return of the vehicle, and retain any amount paid if:
- You breach any of these terms or the specific conditions of your arrangement.
- You are found to have provided false information at the time of booking.
- There is reason to believe the vehicle is being used unlawfully or in a manner that puts it or others at risk.
You may cancel an arrangement in accordance with the payment terms set out in Section 5.
12. Dispute Resolution
These terms are governed by the laws of Malaysia. In the event of a dispute, we encourage you to contact us in the first instance to seek an informal resolution:
If an informal resolution is not reached within 30 days, disputes shall be subject to the jurisdiction of the courts of Sabah, Malaysia. Nothing in this clause prevents either party from seeking urgent injunctive relief from a court of competent jurisdiction.
13. General Provisions
- Entire Agreement: These terms, together with any specific arrangement documents provided to you, constitute the entire agreement between you and Optimari regarding the services.
- Severability: If any provision of these terms is found to be unenforceable, the remaining provisions continue in full effect.
- Waiver: Failure by Optimari to enforce any provision of these terms does not constitute a waiver of our right to enforce it in future.
- Assignment: You may not transfer your rights or obligations under these terms to any other party. Optimari may assign its rights in connection with a transfer of business.
- Notices: Formal notices to Optimari should be sent in writing to 73 Jalan Tiga, 90000 Sandakan, Sabah, or by email to [email protected].
14. Changes to These Terms
We may update these terms from time to time. The "Last Updated" date at the top of this page will reflect any changes. Continued use of our website or services after updated terms are published constitutes acceptance of those changes. For material changes, we will endeavour to notify customers who have an active arrangement with us.
15. Contact
For legal enquiries regarding these terms, please contact:
Optimari
73 Jalan Tiga, 90000 Sandakan, Sabah, Malaysia
Email: [email protected]
Phone: +60 19-642 8175