To place an order you must follow the ordering procedures set out on the order page of our website. All orders must be placed at least 24 hours in advance of your departure.2.2
We are entitled, on behalf of the Supplier, to refuse any order placed by you. We do not guarantee to successfully allocate a Supplier to every booking request. In the event that we are unable to allocate your booking request to a Supplier, we will send an email to advise you of that fact. An alternative may be offered which may include additional charges. We will acknowledge your booking request by issuing a booking voucher on behalf of the Supplier to the e-mail address you have given us upon ordering. Supplier details will only be provided if your booking is successfully allocated. Subject to clauses 3.3, 4 and 5, the order will then be fulfilled by the Supplier on the date set out in the booking voucher.2.3
You confirm that all details you provide to us for the purpose of purchasing the Service from the Supplier will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Service. We reserve the right to obtain validation of your credit or debit card details before providing you with the Service. If validation cannot be obtained and payment is not made, we reserve the right to cancel the booking on behalf of the Supplier concerned who will then not perform the Service.2.4
For bookings that are successfully allocated to a Supplier, a voucher will be produced detailing your journey details, the Supplier's details and your unique voucher number. It is your responsibility to check the details of your booking on the voucher prior to travel and inform us if there are any errors. HeyCars.cn cannot be held responsible if the details entered at the time of placing your request are incorrect. You must present this to the driver at the start of your journey. The supplier can refuse the transfer if your booking voucher is not shown.2.5
Vehicle Type and description: please note when booking a private transfer, this can be any type from a (limited) range of vehicles depending on destination, and we do not state the exact vehicle type you may receive.
Details of the prices for the Service, and the procedures for payment and delivery are displayed on our website. The applicable price of any Service is the price displayed on our website at the date and time of your order. The price of any Service on our website may change before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.2 below). In accepting these terms and conditions once the price of the Service is confirmed, you waive your right to have the Service fare calculated on a taximeter.3.2
We will inform you if a Service's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Service at the correct price. If you cancel the order, you will receive a refund of all money you have paid.3.3
Prices quoted are per vehicle, unless stated otherwise.3.4
You must pay by credit or debit card at the time of order as set out on the order page of our website. The cards we accept are set out on the order page of our website. Card issuers charge us a handling fee and we will pass this on to you where you make payment using a credit/debit card.3.5
If you are booking via sub-agent who are on behalf of us. You do not have a contract with us for the supply of Services until full payment has been received by the us. Heycars will not accept any liability in respect of any confirmed Services until full payment has been received by us. Once we have received the payment from the sub-agent, we will be able to place your booking with the Supplier.
We act as a booking agent. As such, we accept no responsibility for the actual provision of services. Our responsibilities are limited to publishing information on our website about the Services the Suppliers supply; passing on reservation information to Suppliers and informing you of any enforced changes to the terms of your booking. We accept no responsibility for any information about the transfers that we pass on to you in good faith. We accept no liability for any illness, injury, death or loss of any kind. This includes loss, damage or theft of any luggage or personal belonging you or your party may be carrying. Any claim for loss, injury, illness or death should be pursued with the Supplier directly or may be covered under the terms of your insurance. We only accept liability to you for claims which arise solely as a result of our own negligence.7.2
Descriptions of transfers provided are taken from information provided to us by the Supplier and we do not accept responsibility for any inaccuracies in such information, nor can liability be accepted for changes to facilities which are not communicated to us by the Supplier.7.3
In the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
If you wish to rely on any variations to these terms and conditions, you should ensure that such variations are agreed with us in writing as soon as possible.11.2
We may transfer or subcontract any or all of our rights and obligations under these terms and conditions at any time.11.3
We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by the new version. You must check the terms and conditions on the website regularly. The terms governing the purchase of any Service will be the terms in place at the time of your order.11.4
A person who is not a party to our agreement or the agreement with the Supplier has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of either agreement but this does not affect any right or remedy of another party which exists or is available apart from that Act.11.5
If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be deleted but all other terms will remain valid.11.6
Our terms and conditions and your use of our web site are governed by the laws of Hong Kong, and in the event of any dispute under our contract, you agree to submit to the exclusive jurisdiction of the Englinsh courts.11.7
Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.11.8
12. Social Media Terms & ConditionsPLEASE READ THIS LICENSE AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU SEND THE HASHTAG #HEYCARS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.12.1
You represent and warrant that you are at least 18 years old.12.2
You represent and warrant that you (a) own and control all rights, title and interest in and to the Content you license or that you otherwise have all rights, permissions and consents necessary to post and use such Content (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); (b) have all rights necessary to provide Heycars and its affiliates, agents, representatives, licensees and assigns with the license and rights set forth in Section 4 below; and (c) have complied with all applicable laws and regulations associated with acquiring and/or producing the Content. For the purposes of this Agreement, “Content” means photographs, text, graphics, moving images, sound, illustrations or any other materials (including any associated metadata or location information) (collectively, “Content”). For purposes of clarification, Content also includes any profile information you allow Heycars to access from third party social media platforms (such as Instagram, Twitter, Facebook and Weibo) in accordance with the authorization procedures determined by the platform.12.3
You hereby grant to Heycars a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, on Heycars’ social media accounts, on or in any digital platforms of Heycars (including websites, apps and e-mail), and on third-party websites and apps for any purpose, including for promotional and publicity purposes. For purposes of clarification and not limitation, (a) this license includes, and you expressly consent to, Heycars.cn’s right to use and publicly display your name, image, likeness and persona; and (b) nothing in this license transfers your ownership of the Content to Heycars. Nothing in this license requires Heycars.cn to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all.12.4
Any statements, remarks or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your Content, you further agree to disclose any material connections you may have with Heycars or other third-party brands or sellers (such as if you are an employee, paid blogger or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences at Heycars’s request.12.5
You understand that you will not be paid for Heycars’s use of your Content as described in this License Agreement. Each of us will bear our own expenses associated with this License Agreement.12.6
You agree to take any actions (including execution of documents) reasonably requested by Heycars to effect, perfect or evidence the representations and/or licenses and rights set forth in this License Agreement.12.7
You agree that you will not submit Content that:12.8
infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of another; includes material that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful to Heycars or any other person or depicts the use of a product in a manner that is contrary to any instruction or warnings relating to the product; impinges upon or violates the publicity, privacy or data protection rights of others; or makes or includes false or misleading statements, claims or depictions about a person, company, product or service. Without limiting the foregoing, you agree that in conjunction with the production of your Content, you have not inflicted emotional distress or abuse on other people, have not publicly humiliated other people, have not assaulted, stalked or threatened other people, have not entered onto private property without permission, have not impersonated any other person or misrepresented your affiliation, title, or authority, and have not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Heycars will reject and/or remove any Content in which Heycars believes, in its sole discretion, that any such activities have occurred.
To the fullest extent allowed by law, you agree to release, discharge and indemnify Heycars and its employees, contractors, sponsors or any other person acting under Heycars permission or authority, from any liability, claim, damage, judgement, cost, loss, expense (including reasonable solicitors’ fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona or other information you provide in connection with such Content. You further agree to waive any rights to injunctive relief you may have in connection with this License Agreement.12.9
This is the entire agreement between you and Heycars in relation to the Content you’re licensing. If a court finds any provision of this License Agreement to be unreasonable or unenforceable in any respect, you agree that this License Agreement will nonetheless be enforced to the maximum extent to which it is found by the court to be legally enforceable.12.10
This License Agreement will be governed by applicable laws of the HONG KONG,without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of Heycars’s rights to the Content under common law and statutes (such as rights of public domain and fair use).