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SynCab │ General Terms and Conditions (“GT&C”)

1. Definitions

“Service” means the transport services through taxi provided by the Taxi Drivers to the Passengers.

“User” means the Person who registers/signs up/log-in as Taxi Driver or Passenger on SynCab’s Website/Mobile Phone Application (Mobile App), or the Person who requests SynCab’s Service through any other channels.

“Passenger” means the Person who is the hirer of the requested Service and obligated to pay for the fares.

2. Agreement to the GT&C

These GT&C are applicable to the use of the Service offered by SynCab through its Internet Website, Mobile App, or Telephone Reservation Hotline. The User unconditionally accepts all of the following GT&C set out by SynCab by accessing SynCab’s System/Website/Mobile App and/or requesting SynCab’s services. If the User does not agree with any wordings/clauses/paragraphs/terms/conditions in these GT&C, DO NOT LOG-IN AND/OR USE SynCab’s SERVICE BY ANY MEANS.

3. Registration and Use Of The System

Before the User can log-in to SynCab’s system/Website/Mobile App, the User is required to provide his/her personal information and create an user account with password to use designated features on SynCab’s Websites/Mobile App. Syncab’s staff may also request the User to provide his/her personal information when the User requests SynCab’s Service via the Telephone Reservation Hotline.

The User agrees to provide, maintain and update true, accurate, current and complete information about himself/herself as prompted by the registration processes. The User may not impersonate any person or entity or misrepresent to hide his/her true identity or affiliation with any person or entity, including using another person’s username, password, or other account information.

The User is entirely responsible for protecting confidentiality of his/her account and password.

The User must not share his/her account information and password with any third party.

The User is entirely responsible for all activities made by himself/herself or any third party that uses his/her account. If the User suspects that his/her account has been hijacked, the User must immediately report to SynCab by email at: info@syncab.com.

The User agrees to indemnify SynCab from any harms; losses; damages and/or legal proceedings, if fraud has been, is being or can be committed via of use of his/her log-in and password as a result of User’s failure to use reasonable care to safeguard his/her account information.

4. Limitation of Liability

Relationships between SynCab, Taxi Driver and Passenger:
SynCab does not provide taxi transportation services to Passenger itself. SynCab only serves as an intermediary in order to find an available taxi operated by SynCab’s registered Taxi Drivers for the Passengers at best efforts. By accepting these GT&Cs, Passenger acknowledges that SynCab has no direct association with the Taxi Driver. SynCab solely facilities service between Taxi Driver and Passenger.

Passenger shall further acknowledge that SynCab is not liable for any acts or conduct committed by any other users, whether by robbery; commitment break as a result of any act or omission; and SynCab shall have no liability in any event caused by any late arrival, non-performance or defective performance of service incurred by Taxi Driver.

SynCab is not responsible for any matter that may arise during the taxi journey, such as accidents.

SynCab and the Taxi Driver shall in no way be liable if the Passenger under the age of 18 has to be accompanied by his/her legal guardian and the latter is absent.

The Taxi Driver may refuse to pick up a Passenger whose conduct might jeopardize the safety of the journey.

Taxi Journey
Each taxi journey starts with the time when the Passenger board SynCab Multiple Purpose Taxi (“MPT”) / Selected Personal Taxi (“SPT”), and ends with the Passenger leaves the taxi cabinet at the requested destination. Once our MPT / SPT arrived at the Passenger’s designated destination, the journey is deem to be completed, and the Passenger shall pay all fares plus charges as agreed. In any cases, if the Passenger requests the Taxi Driver to wait for him/her for continuing another hire period, the Taxi Driver has no obligation to do so.

Systems availability and inconsistency
SynCab does not guarantee that its System/Website/Mobile App will be error-free and available without any interruption at all times. SynCab shall not be liable for any damages or losses caused to any User in any case where its Service is not available.

The User agrees that SynCab is not responsible for any damages or losses caused to User’s computer or electronic devices as a result of using SynCab’s System/Website/Mobile App or Electric Charger installed inside taxi cabin. The User also agrees that SynCab is not liable for any data error or inconsistency of information with any other independent systems, such as GPS, etc.

5. Obligations, Liabilities and Risks of Passengers

By logging in to SynCab’s System/Website/Mobile App, Passenger confirms that he/she chooses to use SynCab’s System/Website/Mobile App/Service of his/her own free will and choice, and recognizes and accepts as his/her own responsibility and risk for using SynCab’s System/Website/Mobile App/Service:

Acceptance and denial and cancellation of service:
The acceptance and denial of Service may occur at first by Taxi Driver, who can accept or deny Service when receiving the request notification for Service.
Passenger may cancel his/her Service request at any time for any reason.
Both the Taxi Driver and the Passenger agree that SynCab is not liable for any delay, cancellation of booking, failure to cancel Service by Passenger; miscommunication between Taxi Driver and Passenger and/or any delay or failure in the delivery of Service from Taxi Driver.

Damage to vehicle:
In case Passenger causes any damage to the taxi, the repair cost will be charged to the Passenger. SynCab will send the Passenger an invoice, which he/she is obligated to pay.

Information and risks of Service:
The Passenger acknowledges and declares that he/she understands and is aware of all risks involved in use of SynCab’s System/Website/Mobile App/Service.
The Passenger pledges to take reasonable care as expected to choose a taxi to transport by himself/herself.
SynCab is not liable to ensure Taxi Driver’s suitability, physical or mental health to provide Service to the Passenger. By requesting SynCab’s Service, the Passenger accepts that SynCab has no involvement in the Service relationship between the Taxi Driver and the Passenger.

6. Price

In accordance with Regulation 38 (1) of Chapter 374D Road Traffic (Public Service Vehicles) Regulations:

“The registered owner of a public bus or public light bus, if permitted to do so under the terms of a passenger service licence which is in force in respect of the vehicle, and the registered owner of a taxi, may hire the vehicle to any person at a rate of hire based on the time during which the vehicle is hired with or without additional charge in respect of the mileage travelled by the vehicle while it is so hired, or on such other terms as may be agreed with the hirer.”

According to the regulation above, the registered owner or his/her/their authorized agent – SynCab, has set out the following terms for SynCab Service and as agreed with the Passenger:

Booking of SynCab Service can be made through SynCab’s System/Website/Mobile App/Reservation Hotline. The Passenger can also place his/her booking with SynCab’s registered Taxi Driver. The Taxi Driver will then submit the booking request to SynCab’s booking channels on the Passenger’s behalf.

SynCab MPT Service selected by the Passenger will be charged on the standard meter rate plus a designated Booking Fee. The Passenger shall pay the standard meter fares together with the Booking Fee directly to the Taxi Driver. The Booking Fee may be varied from time-to-time subject to SynCab’s publication on its Website/Mobile App.

The Passenger selects SynCab SPT Point-to-Point Service will be charged on a computed price base which will be debited from Passenger’s payment card once booking confirmation is sent to Passenger. The price charged to Passenger already includes all potential sub-charges, such as toll/tunnel/luggage fee.

The Passenger understands and agrees to the charges above-mentioned, and a booking ID will be provided upon booking confirmation.

Once the booking request is submitted, the Passenger will enter into a hiring contract (“Electronic Contract”) with SynCab on behalf of the registered taxi owner, and third party risks insurance is covered. Passenger may cancel a reserved Electronic Contract through SynCab’s Website/Mobile App, and no formal signature is required. If the passenger would like to retrieve the Electronic Contract, he/she/they can email his/her/their request to info@syncab.com.hk with the given order ID.

7. Payment

Payment methods
Payment for Service must be made by an accepted credit/debit/charge card through SynCab’s Website/Mobile App in advance or pay in cash to Taxi Driver at the end of the booked journey by the Passenger.

Online Payment System and Payment Interface (Developed and Maintained by a third party service provider)
SynCab accepts online payment for Service made by secure electronic card payment via the platform provided and maintained by Third Party Services Provider (“TPSP”).
The Passenger authorizes SynCab to use TPSP’s system or any other secure online payment system that SynCab may think fit from time-to-time.
SynCab does not store or obtain any form of the Passenger’s bank details/information. The data in regard of the Passenger’s credit/debit/charge card (such as card holder name; card number; expiry date and validation code) are transmitted in encrypted format to TPSP directly without passing through SynCab’s computer/server hardware.

Payment authorization (Pre-Authorization for payment card)
The Passenger is hereby informed that a payment authorization request will be made to the payment card issuer each single time a journey is requested (or modified later on), and Passenger hereby authorizes SynCab to make such requests. The pre-authorization amount which debited from the Passenger’s payment card is the same as the total computed fares. This amount will be temporarily debited, then re-credited to the Passenger’s payment card (Please note the payment card issuer will initially "ring-fence" the full price of the booked journey in the Passenger’s payment card until the journey commencing date (or longer, depending on Passenger’s payment card issuer), and this amount will therefore be available in Passenger’s payment card account for the above-mentioned period).

Payment of the journey by payment card
Upon completion of a booked journey by Taxi Driver, the full price of the journey is debited from the Passenger’s payment card.
In any case(s), if the payment debit transaction is rejected after completion of the journey despite the pre-authorization obtained in advance from Passenger’s payment card issuer, the Passenger authorizes SynCab to definitively offset the full price of the journey from the payment card pre-authorization amount.

8. Refund Policy

The Passenger can cancel his/her booking at any time, and no surcharges will be levied on the Passenger. However, if the Passenger has selected to book SynCab’s SPT Point-to-Point service in advance and received SynCab’s confirmation, no refund is allowed.

9. No Show Policy

If the Passenger selects to book SynCab’s MPT service in advance and fails to show up, the Taxi driver is authorized to leave five minutes after the agreed booking time without prior warning.

If the Passenger selects to book SynCab’s SPT Point-to-Point service in advance and fails to show up, Taxi driver is authorized to leave fifteen minutes after the agreed booking time without prior warning. The Taxi driver shall record this and report to SynCab as soon as possible. Please note that no refund to the Passenger is allowed in any “No Show” case.

10. Promo Codes & SynCab Dollar

SynCab reserves the right to advertise temporary promotional offers to Passenger in the form of promo codes. These promo codes may be used solely to redeem SynCab Dollar via the SynCab’s Mobile App. Promo Codes & SynCab Dollar are only applicable to a verified account. SynCab App user must verify their phone number and/or email before using promo codes and/or SynCab Dollar. Any SynCab Dollar can only be used by a verified account.

Passenger must redeem & receive SynCab Dollar via SynCab’s Mobile App during the designated promotion period. All SynCab Dollar has a unique validity period. Passenger may check his/her available SynCab Dollar balance by log-in to SynCab’s Mobile App.

When Passenger book SynCab Selected Personal Taxi SPT’s Point-to-Point Service via SynCab’s Mobile App, he/she may choose to pay the service payment by an accepted payment card or possessed SynCab Dollar balance. If Passenger chooses to pay by SynCab Dollar balance, SynCab’s system will deduct a sum of SynCab Dollar from his/her account which equivalent to the agreed service payment amount for settlement purpose. In any case, the SynCab Dollar balance possessed by Passenger not sufficient to offset the agreed service payment amount, SynCab’s system may deduct all available SynCab Dollar balance in Passenger’s account being partial service payment and the remaining balance will be charged to Passenger’s payment card.

SynCab’s electronic receipt may only reflect the amount charged to Passenger’s payment card. Any service payment amount settled by SynCab Dollar balance will not be visible in SynCab’s electronic receipt.

Passenger agreed any unused SynCab Dollar balance beyond its validity period will be forfeited and cannot be used in the future.

SynCab Promo Codes / SynCab Dollar balance are non-redeemable for cash and/or non-transferable.

SynCab Promo Codes may not be combined with any other SynCab’s offer; discounts and promotions.

SynCab reserves the right to suspend or discontinue these temporary promotional offers at any time by deactivating the relevant promo codes without prior notice.

In case of attempted fraud detected, SynCab reserves the right to remove the redeemed SynCab Dollar balance from Passenger’s account. Passenger shall has no right of appeal. In other events of disputes, without prejudice SynCab’s decision shall be final and binding.

11. User’s Evaluation to Taxi Driver

It is a choice for the Passenger to evaluate the Taxi Driver who provided transport services to him/her by assigning scores or commenting on the Taxi Driver’s services. Evaluations shall be for the exclusive use of SynCab in order to better serve the Passenger, and may be used to block the Taxi Driver for providing further Service in case of several complaints received in a certain period.

SynCab reserves the right to use the evaluations to improve its services, either for internal or external usage.

12. Privacy Policy

SynCab will collect, store, transmit or make available to any third party data and information provided by the Passenger upon the registration on its System/Website/Mobile App, including but not limited to the location, full name, last name and your profile photo.

For the Taxi Driver, besides the above-mentioned, the registration number and grantee or auxiliary data of your vehicle, such as make, model, color and plate number, may also be collected, stored, transmitted or made available to any third party by SynCab.

SynCab implements appropriate security measures to safeguard and help prevent unauthorized access, change, unauthorized disclosure or removal without permission of any information collected. SynCab shall not be liable for any loss of User data, including but not limited to acts of God, force majeure, hacking or invasions to the System/Website/Mobile App and security breach by unauthorized third parties.

13. Access Restriction

SynCab may restrict/suspend/temporarily or permanently block the access right of any Passenger or Taxi Driver to log-in its System/Website/Mobile App at any time without prior notice due to:

  1. Failure by the Passenger or the Taxi Driver to comply with his/her obligations and these GT&C;
  2. Inappropriate conduct by the Passenger inside/outside the vehicle and/or towards the Taxi Driver, and vice versa.
  3. Deceptive or fraudulent practices conducted by the Passenger or the Taxi Driver.

14. General Conditions

These GT&C do not generate any partnership agreement, office, franchise, or employment relationship between the User and SynCab. SynCab reserves the right to change these GT&C at any time without prior notice. The changes will come into force automatically on the date of the publication of the new version on SynCab’s Website/Mobile App.

15. Use of the Service

Only registered Passenger may use SynCab’s Website/Mobile App to call for taxi. By registering for SynCab’s services, the Passenger agrees to provide True and accurate and up-to-date information during the registration process, and shall only use the services in utmost good faith, without breaking any HKSAR laws. The Passenger undertakes not to abuse the Service by requesting a taxi without the intention of using it. If any problem arises during the use of the Service, the Passenger shall cooperate to solve the problem with the help of Taxi Driver and SynCab’s staff.

16. License

SynCab grants to the User a limited, personal, nonexclusive, nontransferable, non-commercial and fully revocable license to use its System/Website/Mobile App, in conformance and agreement with the terms contained in these GT&C.

SynCab reserves all rights to its System/Website/Mobile App which are not expressly granted here.

17. Intellectual Property

In accordance with HKSAR Intellectual Property Law, SynCab is the owner of all rights used on its System/Website/Mobile App (including but not limited to graphics, images, text, logos, data bases, programs).

Any full or partial reproduction, modification or use of trademarks, illustrations, images, elements and logos for whatever reason and on any medium whatsoever, is strictly prohibited without the express and prior written consent of SynCab.

18. Termination

SynCab reserves the right to terminate User’s account at any time on its Website/Mobile App, should SynCab suspect any Passenger is attempting to misuse its services or intentionally mislead other User(s) or SynCab’s staff through its System/Website/Mobile App. Such misuse includes but not limited to:

  1. Using of Stolen/Counterfeit/Altered credit/debit/charge card(s) for Service payment;
  2. Through SynCab’s Service to conduct illegal activities.
  3. Requesting Service without the intention to board the booked taxi;
  4. Refusing to pay for completed journey;
  5. Constantly cancelling booked journey before the arrival of booked taxi.