Terms of Service

1. Introduction

Please read these terms and conditions carefully before making your booking. By making a booking with us, you agree to be legally bound by these terms and conditions as they may be modified and posted on our web site from time to time as well as other information contained in the website and shown on your vouchers. Please also note that as you are contracting directly with the Supplier you may also be bound by their terms and conditions of booking.

2. Ordering

2.1 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 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.

3. Prices and Payment

Special note: Changes to and errors in advertised and confirmed prices and other website details sometimes occur. You must check the price of your chosen transfers at the time of booking.

3.1 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.

4. Special Requests

If you have any special requests, please let us know at the time of booking. We will endeavor to pass on all such requests to the Supplier, however we cannot guarantee that they will be met and we will have no liability to you if they are not.

any amendment requests must be sent to us in writing, by email at rw@heycars.net

5. Changes and Cancellations by you

Cancellations and modifications up to 24 hours before car usage time free of charge. Cancellations can be made directly online through our website portal. If you require modification to your order, please cancel and rebook your order or contact our customer service agents. Any cancellations or modifications within 24 hours will incur the full charge of the ride.

6. Changes and Cancellations by the Supplier

We will inform you as soon as reasonably possible if the Supplier needs to make a significant change to your confirmed Services or to cancel them. We will also use all reasonable efforts to find alternative suitable Services for you at no extra cost , but we will have no further liability to you.

7. Our Responsibility

7.1 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.

8. Force Majeure

Force majeure means that neither we nor the Supplier will pay you compensation if we or the Supplier have to cancel or change any Service because of unforeseeable circumstances beyond our or the Supplier's control. These can include, but are not limited to, accidents and related delays, unplanned marches, demonstrations and organized disruption, police operations, unforeseen road hazards, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, adverse weather conditions or other similar events outside our or the Supplier's control.

9. Flight Diversion

If your flight has been diverted, we will do our best to adjust based on your flight details. To ensure that service remains consistent, please contact the 24 hour customer service hotline and notify them of the change

10. If you have a complaint

10.1 If you encounter a problem with your Service, please immediately call us using the numbers given to you on your booking voucher, and we will immediately endeavor to investigate the matter with the Supplier on your behalf and put things right. Failure to notify us concerned of your complaint at this stage will affect our ability to investigate the matter complained of, and your rights under the contract with the Supplier.

10.2 If you have any service issues upon your return, in relation to services booked with us, you should direct them to us via email at services@heycars.cn or by phone call to our customer department +1 805 751 5032. We will liaise with the Supplier and endeavor to resolve all service issues within 28 days of notification.

10.3 Please note that any complaints must be received in writing within 15 days of the return booking date. (If an outbound transfer only - then within 15 days of this date).

11. General

11.1 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 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 These terms and conditions, together with the privacy policy, any order form and payment method instructions, if any, replace all other terms and conditions previously applicable to the use of our website and/or sale of the Service on behalf of the Supplier.

12. Social Media Terms & Conditions

PLEASE 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:

  • 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.

12.8 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).