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

1. Definitions

• 1.1 Service: Refers to the transportation services provided by registered Taxi Drivers to Passengers via SynCab.
• 1.2 User: Any individual who registers, signs up, or logs into SynCab’s Website/Mobile App, or requests services through any supported channel.
• 1.3 Passenger: Any individual who rides in a SynCab vehicle, whether or not they made the booking or paid for the service.
• 1.4 Hirer: The individual who arranges, confirms, and/or pays for the booking, either via Post-Service Payment or Prepaid Booking, on behalf of themselves or other Passengers.
• 1.5 Post-Service Payment Booking: A booking category where the Hirer settles the total fare at the end of the trip via cash, card, or other supported payment methods.
• 1.6 Prepaid Booking: A booking where the total fare is calculated and paid online at the time of booking.

2. Agreement to the GT&C

• 2.1 These GT&C govern the use of services provided by SynCab through its Website, Mobile App, and Telephone Reservation Hotline. By accessing SynCab’s services, the User unconditionally agrees to all terms outlined in these GT&C.
• 2.2 If the User does not agree to any part of these GT&C, they must immediately cease accessing SynCab’s System/Website/Mobile App and refrain from using SynCab’s services.
• 2.3 Compliance with Regulation 38 (1)
  SynCab operates 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.”
  which permits the registered owner of a taxi to hire the vehicle on terms agreed with the Hirer. SynCab acts as an authorized agent on behalf of the registered taxi owner, and all bookings are governed by the provisions of this regulation.
  

3. Registration and Use Of The System

• 3.1 Account Creation
  • 3.1.1 Users must provide personal information and create a password-protected account to access SynCab’s features.
  • 3.1.2 SynCab staff may request personal information for bookings made via the Telephone Reservation Hotline.

• 3.2 User Responsibilities
  • 3.2.1 Users must ensure the information provided is accurate, current, and complete.
  • 3.2.2 Accounts must not be shared, and impersonation or misrepresentation of identity is prohibited.
  • 3.2.3 Users are responsible for safeguarding account confidentiality and all activities conducted under their account.

• 3.3 Reporting Issues
  • 3.3.1 Users suspecting unauthorized access must report immediately to info@syncab.com

• 3.4 Indemnity
  • 3.4.1 The User indemnifies SynCab against harm, losses, or damages arising from misuse or failure to safeguard account credentials.

• 3.5 Account Deactivation
  • 3.5.1 SynCab reserves the right to suspend or deactivate accounts for violations, suspicious activities, or failure to provide accurate information.

• 3.6 Account Deletion
  • 3.6.1 Users have the option to delete their account directly within the SynCab Mobile App at any time.
  • 3.6.2 Once the account is deleted:
    • 3.6.2.1 Past Transaction/Order History: All past transaction and order history will be retained for internal record-keeping and compliance purposes but will no longer be accessible to the User.
    • 3.6.2.2 Coupons and SynCab Dollars: Any unused coupons or remaining SynCab Dollars in the User's account will be immediately forfeited and cannot be retrieved, refunded, or transferred.
  • 3.2.3 The User acknowledges and accepts that this action is irreversible and that SynCab holds no liability for any loss of benefits resulting from the deletion of the account.

• 3.7 System Disclaimer
  • 3.7.1 SynCab does not guarantee that the system will be completely error-free or uninterrupted. While we strive to provide stable and efficient services, technical issues, maintenance, or other unforeseen circumstances may result in system errors, delays, or interruptions.
  • 3.7.2 SynCab shall not be held responsible for any direct or indirect losses caused by system malfunctions or errors.

• 3.8 Formation of Hiring Contract (Electronic Contract)
  • 3.8.1 By submitting a booking request, the Passenger enters into an Electronic Contract with SynCab on behalf of the registered taxi owner. This contract is governed by Regulation 38 (1).

• 3.9 Fraud Prevention and Account Integrity
  • 3.9.1 If fraudulent activity is suspected, including but not limited to the use of stolen payment methods or account manipulation, SynCab reserves the right to suspend or terminate the User's account without prior notice.
  • 3.9.2 SynCab may cooperate with law enforcement authorities and share relevant information if fraudulent or illegal activities are detected.

4. Service Categories

• 4.1 Post-Service Payment Booking
  • 4.1.1 Payment: The total fare is based on the government-regulated taxi meter fare, with an additional booking fee. Payment is made at the end of the trip via cash, card, or supported electronic payment methods.
  • 4.1.2 Booking Fee: A flat booking fee of HKD120 applies. Additional fees (e.g., tunnel tolls, luggage fees) are charged during the trip.

• 4.2 Prepaid Booking
  • 4.2.1 Payment: The total fare is calculated and paid online at the time of booking.
  • 4.2.2 Fare Calculation:Includes the estimated meter fare, booking fee, and any applicable additional charges, such as tolls, luggage fees, or extra services selected during the booking process.
  • 4.2.3 Refund Policy:
    • 4.2.3.1 Prepaid bookings are non-refundable, except in cases where SynCab or the driver fails to fulfill the booking (e.g., the driver does not arrive at the pickup point or cancels the booking).
    • 4.2.3.2 Refunds may also be granted in cases of force majeure events, such as extreme weather conditions, natural disasters, or other emergencies that prevent the journey from being completed.
  • 4.2.4 Fare Discrepancies:
    • 4.2.4.1 If the prepaid booking fare does not match the actual journey fees due to additional factors, such as the number of luggage exceeding the prepaid amount, the driver reserves the right to request the Passenger to pay for the difference.
  • 4.2.5 Route Changes:
    • 4.2.5.1 If the Passenger requests to change the route during the journey:The driver has the right to refuse the route change and proceed as per the original booking.
    • 4.2.5.2 If the route change is accepted, additional charges may apply for extra distance, tolls, or other costs incurred.

5. Limitation of Liability

• 5.1 Role of SynCab
  • 5.1.1 SynCab acts solely as an intermediary to connect Passengers with registered Taxi Drivers. SynCab does not provide transportation services directly.
  • 5.1.2 SynCab facilitates bookings and does not guarantee the performance, timeliness, or quality of services rendered by Taxi Drivers.

• 5.2 No Liability
  • 5.2.1 SynCab holds no liability for any acts, omissions, or misconduct by Taxi Drivers, Passengers, or third parties, including but not limited to:
    • 5.2.1.1 Late arrivals or non-performance of services.
    • 5.2.1.2 Accidents or injuries during the trip.
    • 5.2.1.3 Theft, loss, or damage to personal belongings.
    • 5.2.1.4 Data breaches caused by third-party systems or unauthorized access to User accounts.

• 5.3 Liability Limitation
  • 5.3.1 SynCab’s liability is strictly limited to the amount already paid by the Hirer for the specific booking in question.

• 5.4 Passengers Under the Age of 18
  • 5.4.1 SynCab and the Taxi Driver shall in no way be liable if a Passenger under the age of 18 is required to be accompanied by his/her legal guardian and the latter is absent.

6. Journey Rules

• 6.1 Journey Start and End
  • 6.1.1 A journey begins when the Passenger boards the taxi and concludes when the Passenger exits the taxi.

• 6.2 Driver Rights
  • 6.2.1 Drivers may refuse to pick up Passengers whose behavior jeopardizes the safety of the journey.

• 6.3 Waiting Time Charges
  • 6.3.1 Free Waiting Period:
    • 6.3.1.1 All SynCab taxis will provide a free waiting period of 10 minutes from the time of arrival at the designated pickup point or the scheduled pickup time, whichever is later.
  • 6.3.2 Charges After Free Waiting Period:
    • 6.3.2.1 After the 10-minute free waiting period, a charge of HKD 5 per minute will apply. This charge will continue to accumulate until the Passenger boards the taxi or the driver is instructed to cancel the trip.

• 6.4 Passenger Conduct During the Journey
  • 6.4.1 Passengers are expected to act respectfully and avoid behavior that may jeopardize the safety of the journey, including but not limited to:
    • 6.4.1.1 Harassment or abuse of the driver.
    • 6.4.1.2 Refusal to follow reasonable instructions from the driver.
    • 6.4.1.3 Engaging in illegal activities during the journey
  • 6.4.2 SynCab reserves the right to blacklist Passenger who violate these rules of exhibit unsafe behavior.

7. Promotional Offers and SynCab Dollars

• 7.1 Usage Rules
  • 7.1.1 SynCab Dollars and promo codes are non-redeemable for cash, non-transferable, and must be used within their validity period.

8. Refund and Cancellation Policy

• 8.1 Refund Applicability
  • 8.1.1 Refunds are strictly applicable only to pre-paid bookings.
  • 8.1.2 Refunds will be granted in cases where SynCab or the driver fails to fulfill the booking (e.g., the driver does not arrive at the pickup point).
  • 8.1.3 For non-prepaid bookings, no refund will be offered under any circumstances.

• 8.2 No Cancellation Fee (Within 3 Minutes of Booking Placement)
  • 8.2.1 Passengers may cancel their booking within three (3) minutes of placing the booking without any cancellation fee, regardless of whether the booking has been assigned to a SynCab driver.

• 8.3 Cancellation Fee After Assignment (24 Hours or More Before Pickup)
  • 8.3.1 Once the booking has been assigned to a SynCab driver:
    • 8.3.1.1 A cancellation fee of HKD 10 will apply for cancellations made 24 hours or more prior to the scheduled pickup time.

• 8.4 Full Charge for Late Cancellation (Within 24 Hours of Pickup)
  • 8.4.1 If the Passenger cancels the booking within 24 hours of the scheduled pickup time after it has been assigned to a SynCab driver, the full fare will be charged.

• 8.5 Important Notes
  • 8.5.1 Passengers are encouraged to verify all booking details before confirming to avoid unnecessary cancellations and fees.
  • 8.5.2 Cancellation fees, where applicable, will automatically be deducted from the payment method used during booking.

9. User Feedback

• 9.1 Passengers may evaluate Taxi Drivers via ratings or comments. SynCab retains exclusive rights to this feedback for service improvement purposes.

10. Privacy Policy

• 10.1 Data Collection
  • 10.1.1 SynCab collects and stores personal information provided by Users, including names, contact details, and location data.

• 10.2 Security Measures
  • 10.2.1 SynCab implements security measures to prevent unauthorized access but is not liable for data loss due to force majeure or third-party breaches.

• 10.3 Data Breach Disclaimer
  • 10.3.1 SynCab implements strict security measures to protect users' personal data and prevent unauthorized access, disclosure, or loss. However, in the event of a data breach caused by force majeure events, hacker attacks, or other third-party actions, SynCab shall not be held liable for any loss or damage resulting from such incidents.
  • 10.3.2 Users acknowledge and accept the risks associated with using the SynCab platform.

11. Access Restrictions

• 11.1 SynCab may restrict or block access to its System/Website/Mobile App without prior notice for:
  • 11.1.1 Violations of the GT&C.
    • 11.1.1.1 Inappropriate conduct by Passengers or Drivers.
    • 11.1.1.2 Fraudulent or deceptive activities.

12. Fraudulent or deceptive activities.

• 12.1 No Partnership
  • 12.1.1 These GT&C do not create any partnership, franchise, or employment relationship between Users and SynCab.

• 12.2 Updates
  • 12.2.1 SynCab reserves the right to update these GT&C without prior notice. Changes take effect upon publication on SynCab’s Website/Mobile App.

• 12.3 Limitation of Liability
  • 12.3.1 SynCab’s services are provided based on current technology and with reasonable efforts to ensure quality and reliability. However, SynCab makes no explicit or implied guarantees regarding the quality, performance, or accuracy of the system or services.
  • 12.3.2 Under no circumstances shall SynCab be liable for any indirect, incidental, special, or punitive damages (including but not limited to data loss, revenue loss, or business interruption), even if SynCab has been advised of the possibility of such damages.

13. Termination

• 13.1 SynCab may terminate User accounts for misuse of services, including:
  • 13.1.1 Using stolen or fraudulent payment methods.
  • 13.1.2 Requesting services without intention to use.
  • 13.1.3 Repeatedly canceling bookings.
  • 13.1.4 Refusing to pay for completed journeys after utilizing the service.
  • 13.1.5 Using SynCab services to facilitate illegal activities.

• 13.2 Right to Suspend Service Usage
  • 13.2.1 SynCab reserves the absolute right to suspend or terminate any user’s access to SynCab services at any time, without prior notice or explanation.
  • 13.2.2 This includes, but is not limited to, cases of misuse of the service, violation of SynCab’s terms of use, or other behavior deemed inappropriate by SynCab.

14. Intellectual Property

• 14.1 All content on SynCab’s System/Website/Mobile App, including text, graphics, logos, and software, is the intellectual property of SynCab and protected under applicable laws. Unauthorized use is strictly prohibited.

15. Damage to Vehicle

• 15.1 Passenger Liability for Damage
  • 15.1.1 In the event that a Passenger causes any damage to the taxi, the repair costs will be charged to the Passenger.
  • 15.1.2 SynCab will issue an invoice to the Passenger, and the Passenger is obligated to settle the payment in full.

• 15.2 Cleaning Costs
  • 15.2.1 If the damage caused by the Passenger involves cleaning that is required for the taxi to resume service (e.g., vomiting in the vehicle), the Passenger will be responsible for:
  • 15.2.2 The cleaning costs, which will be determined by SynCab and its choice of cleaning vendor.
  • 15.2.3 The entire trip fare, even if the trip is not completed due to the incident.

• 15.3 Downtime Costs
  • 15.3.1 The time required to clean or repair the vehicle until it is restored to normal operational standards will be charged to the Passenger at HKD $360 per hour, rounded to the nearest 30 minutes.

16. Information and Risks of Service

• 16.1 Acknowledgment of Risks
  • 16.1.1 The Passenger acknowledges and declares that he/she understands and is aware of all risks involved in using SynCab’ s System/Website/Mobile App/Service.

• 16.2 Passenger Responsibility
  • 16.2.1 The Passenger pledges to take reasonable care when selecting a taxi for transportation.

• 16.3 Taxi Driver Suitability
  • 16.3.1 SynCab is not liable to ensure the Taxi Driver’s suitability, physical or mental health to provide the Service.

By requesting SynCab’ s Service, the Passenger accepts that SynCab has no involvement in the direct Service relationship between the Taxi Driver and the Passenger.

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