Term and Condition

Thank you for your visit to Our Website, www.trac.astra.co.id. We hope you feel comfortable in accessing and using all the services available on our website. We continue to strive to improve and enhance the quality of our services, and highly appreciate all your suggestions and feedback. Please feel free to contact us via 1500 009 or WA 0899 9500 009. 

This website is owned, operated, and hosted by TRAC (“We”, “TRAC”, or “Company”), which has been providing vehicle rental services and transportation solutions since 1986 (“Services”). Our Services are available online through the Website www.trac.astra.co.id (“Website”) or through various internet-based access via other media, devices and platforms, either already or will be available in the future. In addition, you can also access TRAC Services directly at TRAC branches spread across major cities in Indonesia. 

By accessing and using Our Website and Services, You acknowledge that You have read, understood, and agreed to abide by the Terms and Conditions and any amendments thereto. These Terms and Conditions govern the provisions that apply to each of your access and use of TRAC Services available on the Website.  

We may change, modify, add, delete, or correct the Terms and Conditions (“Changes”) at any time in accordance with our policies. Therefore, We strongly encourage you to visit the Website periodically to be aware of any such changes. 

These Terms and Conditions apply in place of all previous versions, as of the time this version is uploaded to the Website. 

The Service is only available to persons who have the legal capacity to contract. Persons who do not have such capacity, minors or users who have been temporarily suspended or permanently disabled are not eligible for the Services. 

You can make an online booking/reservation through the Website for individual vehicle rental services (“Personal Rental”). You can search for information about the vehicle rental you want, make a booking transaction as well as secure online payment through various payment systems and facilities available on our Website. 

To use the online reservation service, You must first register as a member by filling in personal data such as name and email address. Then, You must also complete other requirements to use TRAC Services. 

Especially for TRAC Services for companies (“Corporate Lease” and “Astra Fleet Management Solution”) can be accessed by directly contacting the nearest TRAC branch in your city. The website only displays detailed information related to the Services available for the needs of the company. You cannot make online reservation transactions for these types of Services.  

Personal Rental Services (which includes Daily Car Rental, Airport Transfer, and Bus Rental) are generally accessible online twenty-four hours a day and seven days a week; except in the event of repairs, upgrades or maintenance on our Website. 

However, reservations for Personal Rental Services via the website can only be accessed for use at the earliest one business day ahead. So, you must make a reservation at least one day ahead. 

1. If the CUSTOMER use the Car without TRAC's Driver Service, then the following condistions applied on the Car usage:
   1. The CUSTOMER shall:
      1. behave orderly; and/or
      2. prevent any actions that may obstruct, endanger the security and safety of traffic, or cause damage to the roads.
   2. The CUSTOMER must comply with all traffic signs, road markings, traffic signal devices, and maximum speed limits.
   3. CUSTOMER and passengers are required to wear safety belts.
   4. CUSTOMER prohibited to:
      1. operating the Vehicle under the influence of narcotics or alcohol;
      2. driving it on roads that are not suitable or safe for travel;
      3. using the Vehicle for racing, rallies, political campaigning, criminal acts, and/or illegal activities or for any purpose other than domestic and social use;
      4. carrying passengers for commercial purposes.
2. The CUSTOMER is responsible for all traffic violations commited while using the Vehicle, including but not limited to the payment of fines, and other costs arising from such violations.
3. Any actions of improper use of the Vehicle by the CUSTOMER that result in losses, damages, and expenses not covered by insurance (unclaimable), or forca majeure situations, or loss and damage to the Vehicle's equipment, or loss and damage caused by the Vehicle that is not covered by insurance (unclaimable), shall be governed by the terms specified in the TRAC Insurance Policy and the Standard Indonesian Motor Vehicle Insurance Policy (PSAKBI);
4. In the event of loss, damage, and cost burden to the Vehicle that is not covered by insurance (unclaimable) as specified in number 3 above, TRAC is not obliged to provide a Temporary Replacement Vehicle and all consequences for losses incurred are the responsibility (cost) of the CUSTOMER.
5. In the event CUSTOMER opts not to use a Driver, TRAC has the right to conduct a background check (Background Checking Driver) on the Vehicle user, in accordance with the Internal Regulations of TRAC.
6. TRAC reserves the right to conduct checks/inspections/monitoring on the whereabouts and condition of its Vehicle rented by the CUSTOMER during the Service Period by methods or actions determined by TRAC. By signing this Agreement, the CUSTOMER hereby agrees and releases TRAC from all claims or objections concerning any methods/actions of TRAC related to the checks/inspections/monitoring of the whereabouts and condition of the Vehicle.

1. The Vehicle is insured to the insurance company (hereinafter referred to as “Insurance Party”) appointed by TRAC with Comprehensive Insurance in accordance with the provisions stated in the insurance policy. In the event of an accident or loss of the Vehicle CUSTOMER together with TRAC will handle the entire process of resolving issues related to the accident or loss, and TRAC will only assist CUSTOMER for the process by observing the provisions in Number 2 below.
2. In the event of an accident or loss of the vehicle, the CUSTOMER shall do the following:
   2.1 Short-term Lease
   
   1. Make a report to the local Police and complete the necessary documents related to the accident or loss as soon as possible and contact TRAC within 1x24 (one time twenty-four) hours from the occurrence of the following events:
      1. There is an accident that causes losses and raises claims from third parties;
      2. There is a loss of the Vehicle or part of the Vehicle or accessories of the Vehicle.
   2. Provide an Accident Report with the actual conditions and complete the necessary documents related to the accident or loss as soon as possible within 1x24 (one time twenty-four) hours from the occurrence of an accident other than those mentioned in letter (a) of number 2.1 of this paragraph.
   3. Responsible for payment of repair/replacement costs, which is a deductible/Own Risk Charge in the amount of Rp 300.000,- (three hundred thousand rupiah) (excluding VAT) per incident.
   4. In the event of loss of the Vehicle, in addition to the payment of Own Risk Charge as referred to in letter (b) of this paragraph, the CUSTOMER shall also be charged with the payment of Total Loss Risk Charge in the amount of Rp 6.000.000,- (six million rupiah) and arrange the Police documents in connection with the Insurance claim process for the lost or Total Lost Vehicle.
   5. The cost of own risk and the cost of risk of loss as referred to in letters (c) and (d) of this Article shall be paid by both CUSTOMER.
   6. In the event that the Vehicle is lost, the CUSTOMER must be willing to conduct an interview with the insurance company in connection with the loss (if any) and must be accompanied by TRAC.
   7. Third Party Liabilities borne by the Insurance Party shall be a maximum of IDR 50,000,000,- (fifty million rupiah) for each incident, any amount in excess thereof shall be borne by the CUSTOMER.
   8. The Passenger Legal Liability is an insurance coverage for passenger's property (Passenger Legal Liability). The maximum value of the Passenger Legal Liability coverage borne by the Insurance Party is IDR 10,000,000,- (ten million rupiah). The provisions of the Passenger Legal Liability coverage are as follows:
   9. Personal Accident is an insurance coverage for Drivers and Passengers for bodily injury and death caused by an accident. The maximum value of Personal Accident coverage borne by the Insurance Party is a maximum of Rp 10,000,000,- (ten million rupiah) for each incident.
      
      The terms of the Personal Accident coverage are as follows:
      • This personal accident coverage applies whether the CUSTOMER rents a Vehicle only or rents a Vehicle with the services of a Driver.
      • In the case of Vehicle rental only (without Driver), Personal Accident indemnity applies to both the Driver and the Passenger. 
      • This Personal Accident coverage does not apply to acts that are proven to be deliberate acts of the CUSTOMER and this coverage is only limited to Vehicles owned by TRAC rental branches.
      • This Personal Accident coverage covers the risk of:
        1. Death
           1. Died within 12 (twelve) months from the occurrence of the accident.
           2. Missing and not found within at least 60 days since the accident occurred.
              Compensation of 100% (one hundred percent) of the Sum Insured for Death benefits will be paid to the Policyholder or the Heir whose name is listed in the coverage statement.
        2. Permanent Disability
           1. Permanent total disability
              1. Loss of sight in both eyes;
              2. Loss or malfunction of both arms;
              3. Loss or malfunction of both legs;
              4. Loss or malfunction of;
                 • Sight of one eye and one arm 
                 • Vision of one eye and one leg;
                 • One leg and one arm
                   
                   This Permanent disability must occur within 12 months of the accident.
           2. Partial permanent disability
              Partial permanent disability consists of the loss or partial loss of function of a limb. The right to this benefit applies after the doctor determines the state of permanent disability suffered. If the insured has received compensation in the event of Permanent Disability, then as a result of the same accident the insured dies, the right to compensation in the event of death will be given after deducting the amount of Permanent Disability compensation that has been paid. If the Permanent Disability benefit paid is greater than the Death benefit, the insured is not entitled to the death benefit.
           3. The percentage of Personal Accident Sum Insured for Permanent Disability and Partial Permanent Disability will refer to the TRAC Standard Insurance Policy.
        1. Care or Treatment Costs will be provided in the event of payment for reimbursement of treatment and/or medical expenses incurred in an effort to cure or recover from illness or injury suffered by the Insured as a direct result of an accident covered by the policy.
           This right to reimbursement is given in accordance with the costs incurred by the Insured but not exceeding the Sum Insured (10% of TSI) as stated in the Schedule of Insurance.
           This coverage does not apply to receipts issued by alternative medicine and copies of receipts without legalization
            

2.2 Long-term Lease
In the event that CUSTOMER use a long-term vehicle lease, the provisions of letters (a) to (g) of Number 2.1. above apply.

2.3 If there is an expansion of Comprehensive Insurance coverage (including but not limited to Strikes Riots and Civil Commissions, Terrorism and Sabotage, Flood, Act Of God, and the addition of Third Party Liabilities limit) at the request of CUSTOMER, then the amount of Deductible/Own Risk Charge and Total Loss Risk Charge will be borne by CUSTOMER following the provisions of the insurance expansion policy and insurance provisions applicable in Indonesia, and override the provisions of letter (c) of this Number 2.1.

2.4 In the event that the CUSTOMER uses the services of a Driver from TRAC, the provisions of letters 2.1. and 2.2. of this paragraph shall only apply if the accident/loss of the Vehicle occurs when the Driver is not performing his/her duties or the Vehicle is being placed at the CUSTOMER's premises/the Vehicle is under the supervision of the CUSTOMER

2.5 Risk Transfer

1. The provision of risk transfer to the insurance party will not apply to:
   1. risks resulting from accidents/loss of Vehicles caused by CUSTOMER not fulfilling the obligations and/or conditions of use of the Vehicles stipulated in this Agreement; or
   2. losses resulting from accidents/loss of Vehicles that cannot be covered by the insurance party (unclaimable) in accordance with the provisions of the Indonesian Motor Vehicle Insurance Standard Policy; or costs incurred related to the CUSTOMER's obligation to make a report to the Police as referred to in letter (a) of this paragraph

in which case the responsibility for the loss will be fully borne by the CUSTOMER including all costs and fees as well as claims from third parties arising from the accident/loss of the Vehicle.

This Website and the Services available therein may be used by You only for personal and or non-commercial use and at all times subject to the Terms and Conditions as well as Our Privacy Policy. 

All information (in the form of text, photos, video, audio, images, logos, other illustrations, icons, data, software, scripts, interfaced, and others) contained or contained in the Website is owned by Us and may not be used without Our knowledge and consent, except for uses that are expressly permitted and allowed in the Terms and Conditions as well as Our Privacy Policy. 

We reserve the right to withdraw, change the services, information or appearance of the TRAC Website in order to provide better service. If needed at any time, We may restrict your access to some parts of the Website or all of the Website Services. 

We reserve the right to process your information stored in our database in accordance with the policies stated in the Privacy Policy. By using Our Services, you agree to such processing and guarantee that all data provided is correct. 

We do not allow any activity that violates copyright and/or infringes intellectual property rights on the Website and, if properly notified, will remove any content that violates copyright and/or third party proprietary rights.  

The user hereby acknowledges and agrees that TRAC cannot be held liable by the user and/or any party for matters that occur, including but not limited to: 

1. Data loss; 
2. Forgery of user data;  
3. Loss of income or revenue;  
4. Loss of business;  
5. Loss of profit or an engagement;  
6. Loss of anticipated savings;  
7. Loss of good faith;  
8. Wasted management or office time;  
9. Loss or other damage of any kind, regardless of how it arises and whether caused by negligence, breach of contract, or otherwise, even if foreseeable;  
10. Any loss as a result of the use of data or accounts belonging to users that are indicated to be unlawful and/or misuse by unauthorized parties; and  
11. Any loss and or damage due to the inoperability and/or interruption of our Services due to force majeure, which includes but is not limited to:  
    1. Natural disasters;
    2. Fire events;
    3. Strikes;
    4. War;
    5. Riots;
    6. Rebellion or other military action;
    7. Actions of the authorities that affect the continuity of service delivery;
    8. of third parties that cause us to be unable to provide the Service; and
    9. Decisions or changes in decisions from relevant agencies including the government that have an impact on the implementation of this Service.

By accessing the Service, users accept without limitation or qualification, and agree to use the Service only for lawful purposes and in accordance with these Terms and Conditions, and users agree not to: 

1. Utilizing the Services in any manner that could disable, overburden, damage, or interfere with any other party's use of the Services, including, but not limited to, the ability of any user to engage in real-time activities through the Services; 
2. Employing any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any material on the Services; 
3. Using any manual process to monitor or copy any material on the Services or for any other unauthorized purpose without our prior written consent; 
4. Deploying any device, software, or routine that interferes with the proper functioning of the Services; 
5. Disrupting, interfering with, obstructing, or impeding the operation of the Services; 
6. Copying, reproducing, modifying, altering, creating derivative works from, or publicly displaying any content from the Services without the written permission of TRAC; or performing reverse engineering or attempting to discover the source code related to the Services or any tools contained therein, except to the extent such activities are expressly permitted by applicable law notwithstanding this restriction; 
7. Attempting to gain unauthorized access to any part of the Services; 
8. Undertaking any action that could cause material or immaterial harm to us or other users of TRAC; 
9. Creating new accounts and/or purchasing or selling accounts to circumvent any restrictions we may impose on our users; 
10. Submitting false reports against other users, as all policy violation reports must be truthful and made in good faith to address known or suspected policy violations; 
11. Violating or circumventing any laws, third-party rights, or our Services, policies, or determinations of your account status; 
12. Manipulating item prices, including, but not limited to, concealing prices; 
13. Posting false, inaccurate, misleading, defamatory, or libelous advertisements or content; 
14. Posting duplicate advertisements (double posting); 
15. Transferring your ID, including, but not limited to, your username and password, to another party without our consent; 
16. Distributing or sending spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; 
17. Distributing viruses or other technologies that may harm us or the interests or property of our users; 
18. Commercializing our application or any information or software related to the application; 
19. Collecting information about our users without their consent; 
20. Evading any technical measures we implement to provide the Services; 
21. Posting advertisements using hyperlinks in any form. 

Any attempt to manipulate our Services or policies may result in actions being taken against your account. As the use of the Services necessitates an internet connection, you may incur charges associated with internet access while using the Services. Users are responsible for ensuring all necessary arrangements are in place to access the Services.  

Users are also responsible for ensuring that all individuals accessing the Services through their internet connection are aware of and comply with these General Terms and Conditions. 

We value your privacy and are committed to protecting the personal data you provide. Please review our Privacy Policy to understand how we handle your personal data. 

We authorize you to access, view, and use the Services only to the extent necessary. Except as expressly permitted by these Terms, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing, or exploiting of the Services in any manner is strictly prohibited without our prior written consent. 

The Services may contain links to other third-party websites ("Third-Party Websites") that are not affiliated with us in any way. If you link to Third-Party Websites, you may be subject to the Terms and Conditions and other policies of those Third-Party Websites. We make no representations or warranties regarding the accuracy or authenticity of the information contained on such Third-Party Websites, and your linking to these websites is entirely at your own risk. We disclaim all responsibility for any consequences arising from your use of such websites. 

These Terms and the relationship between you and us will be governed by the laws of the Republic of Indonesia. Any claims or disputes you may have against us must be resolved through mutual consultation. If the issue cannot be resolved through mutual consultation within 30 business days from the date of the notice related to the claim/dispute, the dispute will be settled through the Indonesian National Arbitration Board (BANI) Jakarta, Indonesia, in accordance with the BANI Rules. As of the date of these Terms, BANI's address is Wahana Graha 1st and 2nd Floors, Mampang Prapatan, Jakarta 12760, Indonesia. 

These Terms and any policies posted by us constitute the complete and exclusive understanding and agreement between you and us regarding your use of the Services, superseding all prior understandings, proposals, agreements, negotiations, and discussions, whether written or oral. 

In no event shall the company, its officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (even if the company has been advised of the possibility of such damages) arising out of the use of the Services, including, without limitation, any damages resulting from the use or misuse of the Services, from the inability to use the Services, or from the interruption, suspension, modification, alteration, or termination of the Services. This limitation of liability also applies to any damages incurred due to other services or products received through or advertised in connection with the Services or any links on the Services, as well as due to any information, opinions, or advice received through or advertised in connection with the Services or any links on the Services. This limitation applies to the fullest extent permitted by law. You specifically acknowledge and agree that the company makes no representations or warranties that the Services are suitable for use in locations outside of Indonesia. Those who access or use the Services from other jurisdictions do so at their own risk and are responsible for compliance with local laws.