General Conditions of Carriage
1.1. “We”, “us”, “our” means Electric Mobility Services Limited and any of our affiliates or subsidiaries operating a Limousine under the “Breaze Cars” trade name.
1.2. “You” and “your” means any person who has signed up for our Carriage services, or in relation to payments, if any, the person who has paid or is responsible for payment.
1.3. “Baggage” means your personal property either held inside the vehicle or in the trunk of a vehicle.
1.4. “Booking” means the order of a Limousine, whether an Immediate Booking or a Reserved Booking.
1.5. “Business Day” means a day that commercial banks are open for business in Hong Kong.
1.6. “Cancellation” means your failure to consummate your Booking of Carriage.
1.7. “Carriage” means the conveyance of you in a Limousine.
1.8. “Conditions” means these general conditions of Carriage.
1.9. “Damages” means damages, losses, claims, liabilities, costs or expenses, of whatever kind, including, but not limited to, property damage or theft, and personal injury or death, whether or not such Damages were or were not foreseeable.
1.10. “Deadline” means the time limit we have set by which you must have begun your Carriage, which unless otherwise modified in writing by the Company shall be five (5) minutes from (i) in the case of Immediate Bookings, the time at which a Limousine arrives at the pick-up location and (ii) in the case of Reserved Bookings, the later of the scheduled pick-up time and the time at which the Limousine arrives.
1.11. “Force Majeure Event” means in addition to its definition in law and legal precedents, all external causes, foreseen or unforeseen, which we cannot influence, but as a result of which we are unable to perform Carriage or any other obligation we may have. This will include, but is not limited to, any computer or power failures, traffic congestion, bad weather circumstances, theft, fire and delays in the supply of goods, parts or materials by suppliers, war, insurrection, riot, civil commotion, act of God, any law, decree, regulation or order of any government or governmental body (including any court or tribunal), or any other cause whatsoever beyond our reasonable control.
1.12. “Gross Negligence” means, if not otherwise defined by law, a deliberate disregard of the care due by a reasonable person in similar circumstances, which is likely to cause foreseeable damages.
1.13. “Immediate Booking” means the order of a Limousine for immediate pick-up without a reservation.
1.14. “Limousine” means a chauffer-driven vehicle operated by us.
1.15. “Member” means a person who has agreed to these Conditions by means of affirmation on our website or our web-based smartphone application. Each Member will be issued with a unique identification number.
1.16. “Reserved Booking” means the advance order of a Limousine for Carriage.
1.17. “Standard Rate” means the standard rate of fee charged by us with respect to the relevant service as posted on our website and web-based smartphone application.
2.1. These Conditions will apply to our Carriage services and to any case where we have a legal liability to you in relation to your Carriage.
2.2. If you have a separate written agreement with us regarding Carriage, then to the extent the terms of such agreement differs from these Conditions, that agreement will control, but only to the extent of the difference in such terms.
3.1. In order to maintain your Membership with us, you must at all times have on file with us details of a valid credit card. You are responsible to keep us informed of any changes to your credit card information, including your billing address, credit card number and expiration date. However, we will endeavor to contact you prior to the expiry of the credit card to update this information. Failure to keep this information up to date may result in your loss of Membership.
3.2. You are entitled to Carriage in our Limousines only if you are a Member; provided, however, that one or more other persons may accompany you during Carriage; and, provided further, that you will at all times during the Carriage be responsible and liable for, and will indemnify us against any Damages we may incur as result of the actions of such other persons.
3.3. You may be asked to provide proof that you are the Member who has made the Booking prior to the start of Carriage. We may refuse Carriage if you are unable to provide us with an acceptable form of identification, such as an ID card, passport or other official, government issued form of identification.
3.4. As part of your registration as a Member, you will be asked certain personal details, which you must provide, including, but not be limited to, your name, birth date, nationality, address, employer, occupation and title, and may be asked to provide other personal details, which you may choose not to provide, including your income level. From time to time we may ask you to confirm or update this information. Failure to keep this information up to date may result in your loss of Membership.
3.5. You cannot transfer your Membership.
4. Fares, Fees and Charges
4.1. Fares are not payable with respect to Bookings.
4.2. You agree to pay any third-party fees, including taxes, tolls and parking fees, if any, incurred during or as a result of your Carriage.
4.3. We do not charge for carrying Baggage; however, we reserve the right to refuse to carry bulky or extraordinary items, other than wheelchairs.
4.4. If you or any person accompanying you on the Carriage have been found to have caused any damage to any Limousine (normal wear-and-tear excluded), or if a Limousine becomes fouled or dirtied as a result of your actions or the actions of any person accompanying you on the Carriage, you agree to reimburse us for the actual costs expended by us in repairing or cleaning if such costs were incurred through a third-party, or, if repaired or cleaned by us, charged at a commercial rate, as reasonably determined by us.
4.5. In the event that a Limousine is taken out of service as a result of such damage, you shall be obligated to pay liquidated damages in the amount of three thousand five hundred Hong Kong dollars (HKD 3,500) per day, which you agree is not a penalty, but a reasonable estimation of the loss incurred by us.
5. Payment; Invoices
5.1.1. Upon completion of Carriage, the credit card you have on file with us shall be charged to pay for any third-party fees incurred during carriage. If the credit card has expired or was cancelled, you shall be invoiced for any such third-party fees.
5.1.2. Any charges will be charged to the credit card you have on file with us.
5.2.1. If your credit card is declined or cannot be charged for any reason, an invoice will be sent to you.
5.2.2. All invoices shall be payable no later than five (5) Business Days after receipt.
5.2.3. If you fail to make payment within five (5) Business Days of receipt of the invoice, you will be deemed in default by operation of law. In that case, you will owe interest of 1.5% per month or part thereof, unless the statutory interest rate is higher, in which case the higher interest rate will apply. The interest on any unpaid amount will be calculated from the date that you are in default to the time of full payment.
5.2.4. All reasonable costs incurred in obtaining payment extra-judicially, such as by means of a collection agency, will be borne by you. Payments will first be used to cover any costs incurred, then to cover any interest due and finally to cover the unpaid invoiced amount.
6. Reserved Bookings
6.1.1. Reserved Bookings may be made as far in advance as twenty-four hours prior to the desired time of pick-up, but in no event may Reserved Bookings be made less than thirty (30) minutes prior to such time.
6.1.2. Reserved Bookings are not subject to any reservation fees.
6.1.3. Reserved Bookings are taken on a first-come, first-served basis, and we give no assurance that a Limousine will be available at the time or for the time of your desired Carriage. You are strongly encouraged to make your Reserved Bookings well in advance of the desired time.
6.1.4. We will record your reservation in our computer system.
6.2.1. You may have to reconfirm your Reserved Booking within certain time limits. We will tell you if you need to reconfirm and how you should do this. Our normal procedure is to confirm Reserved Bookings 1 hour prior to the scheduled pick-up time by SMS.
6.2.2. If you fail to reconfirm, we reserve the right to cancel your Reserved Booking.
6.3. Passengers Requiring Advanced Arrangements
6.3.1. If you are a passenger with a disability or you require any special assistance, such as help with a baby or toddler, you should inform us at the time of Booking of your special needs.
6.3.2. If you are a passenger with a disability we will carry you where arrangements have been made to provide for your special needs. If you do not inform us at the time of Booking of your special needs, we will nevertheless use reasonable efforts to accommodate your special needs.
6.3.3. If you are a passenger with a baby or a toddler, we will provide you with a car seat. If you do not inform us at the time of Booking of your need for a car seat, we may be able to provide you with a seat, but we provide no assurance that a seat will be available.
6.3.4. We may decide not to carry:
18.104.22.168. unaccompanied children,
22.214.171.124. animals, other assistance dogs, and
126.96.36.199. passengers who are visibly ill.
7. Refusal of Carriage
7.1. If you (including any person accompanying you) have behaved in one or more of the following manners, we may take the action set out below:
7.1.1. you or your Baggage may put the safety of the Limousine or our driver in danger;
7.1.2. you refuse to wear a seatbelt;
7.1.3. you are under the influence of alcohol or drugs;
7.1.4. you are, or we reasonably believe you are, in unlawful possession of drugs;
7.1.5. your mental or physical state or health is a danger or risk to you, the Limousine or our driver;
7.1.6. you have not obeyed the instructions of our driver relating to safety;
7.1.7. you have used threatening, abusive or insulting words towards our driver;
7.1.8. you have deliberately interfered with our driver carrying out his or her duties;
7.1.9. you have put the safety of either the Limousine or any person in it, including our driver, in danger; or
7.1.10. your behavior is lewd or offensive.
7.2. In the event of any of the behaviors set forth above, we may take any measures we think reasonable to prevent you from continuing your behavior, including any and all of the following
7.2.1. make you leave the Limousine,
7.2.2. refuse Carriage in the future,
7.2.3. report the incident to the relevant authorities with a view to them prosecuting you for any criminal offenses you might have committed, and
7.2.4. require that payment, if any, for the Carriage be immediately due and payable.
8.1. We will attempt to contact you:
8.1.1. when the Limousine has arrived at the scheduled pick-up location;
8.1.2. prior to the Deadline;
8.1.3. if as a result of traffic conditions or regulations, or any other reason, the pick-up location must be moved, in which case we will inform you of the new pick-up location; and
8.1.4. if the Limousine is reasonably likely to be more than five (5) minutes late in arriving at the scheduled pick-up location.
8.2. We may contact you, and you may respond by, telephone, SMS or email.
9. Wait-Time and Cancellation
9.1. Upon arrival at the scheduled pick-up location, the Limousine will wait until the Deadline.
9.2. If you are unable to commence Carriage as scheduled, you may request an extension of the Deadline; however, we will charge for additional wait time at the Standard Rate.
9.3. If we are unsuccessful in contacting you once the Limousine has arrived at the scheduled location and the Deadline has occurred, the Booking will be deemed Cancelled, in which case a fee in respect of the Cancellation will apply based on the Standard Rate.
9.4. You may cancel any Reserved Booking at no cost at any time up until thirty (30) minutes prior to the scheduled pick-up time. In the event that Cancellation occurs after such time (or is deemed Cancelled), you shall be obligated to pay a Cancellation fee based on the Standard Rate, which shall be charged against the credit card on file with us.
9.5. In no event will Cancellation fees be payable where the Limousine arrives at the scheduled pick-up location more than ten (10) minutes after the scheduled pick-up time.
9.6. If you have a history of repeated Cancellations, we reserve the right to remove you as a Member and bar you from using our Carriage services.
10. Limitation of Liability; Indemnification
10.1. Limitation of Liability Other than as may be limited by law,
10.1.1. we shall not be liable to you for Damages, which may arise out of our failure to perform the Carriage services, or to perform such services inadequately, other than such failure to perform that an adjudicator of competent jurisdiction has finally determined to have arisen out of our Gross Negligence or willful misconduct.
10.1.2. if we are liable for Damages, for whatever reason, that liability will be limited to no more than the fare paid or payable (or would have been payable if not charged) with respect to the Carriage to which the Damage relates.
10.1.3. , we will never be liable for indirect Damages, consequential Damages, special Damages, punitive Damages, or loss of turnover, profit, business, savings, goodwill or reputation, or any Damage due to an interruption in business operations.
10.1.4. no action arising out of the performance of our Carriage services may be brought by you more than one (1) year after such cause of action arose.
10.2.1. You are obligated to indemnify and hold us harmless from and against any and all losses, claims, damages, liabilities, costs or expenses whatsoever, including, but not limited to, any and all legal fees and other expenses and disbursements reasonably incurred (collectively, “Losses”), in connection with investigating, preparing to defend or defending any action, suit or proceeding (including any investigation), commenced or threatened, or any claim whatsoever, or in appearing or preparing for appearance as a witness in any action, suit or proceeding (including any investigation or pretrial proceeding such as a deposition) and including any Losses related to actions, suits or proceedings arising out of or based upon or related to any violation of these Conditions, provided, however, that you shall not be liable under the foregoing indemnity in respect of any Losses to the extent that an adjudicator of competent jurisdiction shall have determined by a final judgment that such Losses resulted primarily from our Gross Negligence or willful misconduct.
10.2.2. You are further obligated, upon demand from us at any time or from time to time, promptly to reimburse us for any Losses as to which you have agreed to indemnify us pursuant to these Conditions.
11. Personal Data
11.2. We may use personal information that you provide and we collect, including information about your purchase history and how you use our services (“your personal information”), for the purposes of:
11.2.1. processing and administering your registration to use our services
11.2.2. making, processing or administering a Booking,
11.2.3. providing you with and managing carriage and any related services,
11.2.4. accounting, billing and auditing,
11.2.5. verifying and screening credit or other payment cards,
11.2.6. safety, security, health, administrative and legal purposes,
11.2.7. statistical and marketing analysis,
11.2.8. operating our Miles Reward Program,
11.2.9. systems testing, maintenance and development,
11.2.10. IT training,
11.2.11. customer relations,
11.2.12. helping us to deal with you more efficiently in the future,
11.2.13. direct marketing, promotional and customer service purposes,
11.2.14. market research (provided that you shall have the right to opt out by notice to us), and
11.2.15. disclosure to a third party as may be required by law or regulation, or pursuant to the order or direction from any court, authority or governmental body of any jurisdiction.
11.3. For these purposes we may release your personal information to:
11.3.1. our subsidiary and affiliate companies,
11.3.2. our Miles Reward Program partners
11.3.3. data processors,
11.3.4. our agents,
11.3.5. government and enforcement agencies, and
11.3.6. credit and other payment card companies and screening companies.
12.1. Modification. We will post on our website at www.breazecars.com any changes to this policy with the effective data of the changed policy, so that you can be informed of such changes any time you so choose. If at any point we decide to modify these Conditions in a manner that you do not agree with, it is your responsibility to discontinue the use of our Carriage services.
12.2. Waiver. Our rights and remedies in these Conditions are cumulative and not alternative. Neither the failure nor any delay by us in exercising any right, power, or privilege under these Conditions will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privilege or the exercise of any other right, power, or privilege. To the maximum extent permitted by applicable law, (a) no claim or right arising out of these Conditions can be discharged by us, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by us; (b) no waiver that may be given by us will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on us will be deemed to be a waiver of your obligation or of our rights or demand to take further action without notice or demand as provided in these Conditions .
12.3. Severability. If any provision of these Conditions is held invalid or unenforceable, the other conditions will remain in full force and effect. Any condition held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable or will otherwise be judicially modified to the maximum extent.
12.4. Entire Contract; Modification. These Conditions constitute a complete and exclusive statement of the conditions of Carriage. These Conditions may not be amended, supplemented or modified except by a written instrument signed by us.
12.5. Governing Law. These Conditions and, to the fullest extent permitted by applicable law, all matters arising out of or relating in any way to these Conditions, shall be governed by and construed in accordance with the laws of Hong Kong.
12.6. Dispute Resolution. Any controversy, claim, or dispute arising out of or relating to or in connection with these Conditions shall be finally settled by binding arbitration in Hong Kong before an arbitrator. The arbitration shall be administered by the International Court of Arbitration of the International Chamber of Commerce (the “ICC”) under its Rules of Arbitration as in effect at the time of the arbitration, except as they may be modified herein by agreement of the parties. The award of the arbitrator shall be final and binding upon you and us, and shall not be subject to any appeal or review. Judgment may be entered in any court of competent jurisdiction.