1. Aircity is an ecosystem containing online geospatial information service for obtaining geo-referenced information,
2. In these Terms and Conditions of Use of this website (“Terms of Use”):
   • “Data” include the “Spatial Data” (Note 1) and all other contents provided by Aircity and / or other organisations (such organisations are referred to as “the relevant organisations”) on this website;
   • “Spatial Data” include all data in the form of digital maps, text, graphics, drawings, diagrams, photographs, compilation of data, data specifications and metadata and Application Programming Interface (“API”).

Use of Data on Aircity

3. You are allowed to browse, distribute, reproduce, hyperlink to and print the Data for non-commercial purposes on the condition that:

• you shall comply with the Terms of Use;
• you shall identify clearly Aircity and this website as the source of the Data and acknowledge Aircity and the relevant organisations’ ownership of the intellectual property rights in the Data and in all copies thereof including but not limited to paper copies, digital copies and copies placed on other websites;
• you shall indemnify Aircity and the relevant organisations against any allegations or claims of infringement of the rights of any person and all costs, losses, damages and liabilities incurred by Aircity and the relevant organisations, which in any case arise directly or indirectly in relation to your use, reproduction and/or distribution of the Data.

Disclaimer and Limitation of Liability

4. The Data are provided by Aircity and the relevant organisations to you on an “as is” and “as available” basis. No statement, representation or warranty of any kind (whether express or implied) is given by Aircity or the relevant organisations in relation to the Data (including its accuracy, correctness, completeness, non-infringement, reliability, security, timeliness and appropriateness of the use of the Data in any particular circumstances). Aircity or the relevant organisations shall not be liable for any errors, omissions, deficiencies, inconsistencies, misstatements or misrepresentations (express or implied), concerning any Data, and shall not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage or other costs or expenses) howsoever arising from or in respect of any use or misuse of or reliance on the Data, or any inability to use the Data (including any breakdown, suspension, non-function, mal-function or interruption of operation of this website).

5. In consideration of Aircity and the relevant organisations providing the Data on this website, by using this website, you hereby unconditionally accept the Terms of Use. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE OR THE DATA PROVIDED THEREON. The Terms of Use may be revised and/or amended from time to time by Aircity or the relevant organisations without prior notice to any person. Accessing or using or linking to this website or using any Data after such amendments constitutes acceptance of such amendments. Please check the Terms of Use regularly for any revisions and/or amendments which may be made.

6. Aircity and the relevant organisations shall not be responsible for any loss or damage whatsoever arising out of or in connection with the Data. Aircity reserves the right to revise, omit or edit the Data or to suspend or terminate the provision of the Data, this website or any part thereof at any time in its absolute discretion without giving any reason or prior notice to any person (including you).

Linked Information and other Third-Party Websites

7. This website may provide or assist in providing links to third-party websites through this website. The links are produced solely as a convenience to users of this website. Provision of, or assistance in providing, any links at this website to any third-party website does not give rise to any statement, representation or warranty, express or implied, that Aircity agrees with, approves, recommends or endorses the contents of any such third-party websites. The provision of any links to third-party websites shall not constitute any form of co-operation or affiliation with Aircity of any such third parties or external websites. Aircity shall not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage or other costs or expenses) howsoever arising from or in respect of your use or misuse of or reliance on, or inability to use such links to any third-party website or your use or reliance on the contents of any such third-party websites. You should refer to the terms and conditions of each such third-party website when using such website.

Privacy Policy

8. Aircity may record visits to this website without collecting your personal data. Information relating to visits to this website are collected by Aircity for the compilation of statistical reports and the investigation and diagnosis of problems with or concerning computer systems.

Intellectual Property Rights

9. Unless otherwise indicated, Aircity is the owner of the intellectual property rights of all contents available on this website, including but not limited to all Data.

Governing Law

10. The Terms of Use shall be governed and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). You also agree to submit to the exclusive jurisdiction of the Hong Kong Courts.

Note

1. ”Spatial data” is defined with reference to the definition of “Geospatial Data” published by the Open Geospatial Consortium as “location properties related to any terrestrial feature or phenomena”. “Location properties” may include any information about the location or area of, and relationships among, and descriptive information about geographic features and phenomena. This includes remotely sensed data, vector map data, addresses, coordinates, etc. Note that “geospatial data” is more precise in many contexts than “geographic data” because geospatial data is often used in ways that do not involve a graphic representation, or map, created from the data.” (https://www.ogc.org/ogc/glossary/g).

1. Definitions

In this Contract, the following definitions apply:

1. “Contract”: This Contract and its Schedules, whether made available in print or electronically through MTC’s websites.
2. “Designated Parking exit”: in relation to a booking under MTC fixed-route, means any parking space which is both lawful and complies with the MTC parking rules (“MTC exit”); the boundaries of the designated zone and the parking rules for that zone may be found on the MTC website.
3. “MTC fixed-route”: the option to pick up a MTC vehicle at a particular location (as shown on the MTC website or app) at the start of a reservation and return the MTC vehicle at the end of the reservation to a different location (provided that location is within the boundaries of the MTC exit as shown on the MTC website).
4. “MTC Free Roam”: the option to pick up a MTC vehicle at a parking space (as shown on the MTC website or MTC app) at the start of a reservation and return the MTC vehicle at the end of the reservation to the same location.
5. “User” or “you”: The person that is approved by MTC to use MTC vehicles and that is designated to receive and pay all fees, charges and other costs associated with service use, including driving charges and other costs or fees as indicated in the Rules and Schedules described below.
6. “Rules”: All the rules, guidelines or policies of MTC related to a User’s use of the MTC service, whether set forth in this Contract, appearing elsewhere on MTC’s websites or otherwise issued from time to time by MTC, including specifically and without limitation those set forth in Schedule 1: Rules for Vehicle Use and Schedule 2: MTC fixed-route
7. “Schedules”: All the schedules, rate plans and polices referenced in or incorporated into this contract.
8. “MTC”: Will also be known as “UrbanPass Technologies (HK)”

2. Basic Terms of Use of the MTC Service

1. This Contract is a vehicle-sharing service subscription contract offered by MTC. This Contract does not in itself confer any right to access and/or use any MTC vehicles. A User may only use MTC’s vehicles, to the extent that these vehicles are available, in accordance with the terms of this Contract and subject to paying all applicable fees and charges. MTC will take reasonable endeavours to ensure reasonable availability of MTC vehicles for its Users.
2. The special conditions set out in Schedule 2 will apply to the User’s use of MTC vehicles under MTC fixed-route. The special conditions set out in Schedule 3 will apply to the User’s use of MTC vehicles under MTC Free Roam.
3. Once approved for Account, Users will have access to the MTC website to enable the User to access MTC vehicles subject to availability.
4. Users are prohibited from (a) giving, lending or selling their MTC account to any other person including other Users, (b) allowing non-Users to drive any MTC vehicle whilst it is on hire by the User, (c) allowing other persons including other Users access to and/or use of their MTC or MTC account, or (d) otherwise allowing any other person including other Users to benefit from the use of their MTC or MTC account. Any loss, damage to or destruction of the MTC must be reported to MTC by email or by phone. Any unauthorised use of the MTC, Aircity website and/or MTC vehicle must be immediately reported to MTC by email or by phone. Failure to comply with this clause 2.4 may result in termination of the User’s Account with MTC and this Contract, may void any applicable insurance coverage, and may subject a User to liability for any losses, liabilities and damages arising as a result of the unauthorised use of a MTC, MTC app and/or MTC Vehicle. Additionally, the User will bear the applicable fees and costs of any MTC vehicle use and for any damage that results from such use and/or breach of this clause 2.4 of up to HKD$40,000. Terms and conditions apply once an account has been created by the user and users are liable for up to $40,000 in damages once any trip is confirmed and authorized by the user. In the event that a MTC has to be reissued to the User, a charge in accordance with the Additional Charges Schedule will be levied.
5. MTC is the owner of any item it provides to the User or puts at the User’s disposal during the term of this Contract, including specifically and without limitation, all MTC vehicles, mobile and web based applications and the MTCds. The User’s use of and rights in relation to any MTC vehicle or item provided by MTC under this Contract are limited to those rights of use stated in this Contract.
6. To maintain and protect MTC vehicles and to prevent and detect crime we may use electronic devices to monitor the condition, performance and operation of MTC vehicles and/or to track the movement of MTC vehicles. This information may be used both during your Account and after expiry and/or termination of your Account.
7. Users are prohibited from using a MTC vehicle for the transportation of third party goods for payment including, but not limited to, providing courier or delivery services. In addition, Users are prohibited from using any MTC services or vehicles for commercial purposes that generate revenue or income.

3. Eligibility

1. To be eligible for our service, all Users must:
   • be at least 25 years old and held a drivers license for 24 months (excluding the probationary driving period, commonly known as “P” license)
   • if over 75 years of age have two years driving experience in the last 5 years with no accidents or claims in that time
   • have no more than 6 penalty points on your driving licence;
   • if under 30 years of age have no more than 3 penalty points on your driving licence;
   • have had no major violations in the past three years; and
   • have had no alcohol or drug related violations in the past seven years.

   For overseas visitors in Hong Kong – Hold valid passport / exit-entry Permit with minimum 25 years of age. Visitors are eligible to use their native country’s driver’s license, if their entry permit shows the immigration date to Hong Kong during the period of 12 months following the date of their last entry into Hong Kong. “Visitors” must have held Overseas Driving License for no less than 24 months (or attach with a valid International Driving License if the Overseas Driving License is not in English)

2. Satisfying the foregoing criteria does not automatically give an applicant the right to become a MTC User. Acceptance of the applicant’s Account is subject to approval by MTC in its sole discretion and, without limiting the foregoing, Account may be denied based upon additional criteria established from time to time by MTC and/or its insurance providers. In addition, even if approved for Account, a User may be restricted from driving certain MTC vehicles based upon the User’s driving history and experience or the Account/driving plan selected by the User.
3. We will obtain information from third parties concerning you to decide whether you are eligible for Account. We will be carrying out checks such as, but not limited to, an identity and credit check. We may pass your personal information to third party agencies for the purposes of carrying out identity and credit checks and they may keep a record of any search that they do. This check may leave an electronic note or “footprint” on your record.

For more information on what personal information we gather from you and how we process it, please read our Privacy Policy.

4. Fees and Other Responsibilities of the User

1. The User promises to pay MTC all applicable application and Account fees associated with the User’s trip. If the User provides false information and/or fails to provide information reasonably required by MTC when applying for an MTC Account, MTC may in its sole discretion refuse to approve or remove the User’s application and account.
2. The User is required to pay all fees and costs incurred when due, including, without limitation, application fees, damage waiver fees (if applicable), Account fees (which are automatically charged when due), driving charges (including but not limited to mileage overage and surcharge and/or toll fees, if applicable), parking charges incurred whilst parking any MTC vehicle in an area that is not within the Designated MTC exit or a Dedicated Parking Space or while parking any MTC vehicle in an area where the parking permit provided by MTC is not valid, and other taxes and levies on any of the fees, costs and charges incurred by a User. Please refer to Schedule 4: Additional Charges Schedule for further details of these fees, costs and charges.
3. The User is required to pay all fees and costs incurred when due, including, without limitation, application fees, damage waiver fees (if applicable), Account fees (which are automatically charged when due), driving charges (including but not limited to mileage overage and surcharge and/or toll fees, if applicable), parking charges incurred whilst parking any MTC vehicle in an area that is not within the Designated MTC exit or a Dedicated Parking Space or while parking any MTC vehicle in an area where the parking permit provided by MTC is not valid, and other taxes and levies on any of the fees, costs and charges incurred by a User. Please refer to Schedule 4: Additional Charges Schedule for further details of these fees, costs and charges.
4. MTC may use any information that a User has provided, including any personal information, for the purposes of processing and collecting payment under this Contract, monitoring fraud and dealing with any issues before, during and after Account. For more details concerning the processing of your personal data, please read our Privacy Policy.
5. Users are responsible for providing and maintaining current email, mobile phone, preferred search address, mailing address and other account information. Telephone calls, live chats, email correspondence and social media communications with MTC may be recorded and/or monitored. By using these communication methods you are consenting to the recording or monitoring of your calls, emails and social media communications.
6. Users who do not have a HONG KONG driving licence must comply with the legal requirements for driving in the HONG KONG on a foreign licence. In addition, MTC may at any time require Users to demonstrate compliance with the licencing laws of their jurisdiction of residence and/or impose further policies regarding the obligation to be licenced in their jurisdiction of residence. MTC reserves the right to request additional information, such as a copy of a passport or proof of address at any time.
7. If the User’s licence is suspended or revoked or becomes invalid, if the User has any further endorsements or accidents on their driving record or if the User is convicted of or receives a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, the User agrees to report such suspension, revocation, changes, conviction or citation to MTC immediately and the User’s right to access and/or use MTC vehicles under this Contract will immediately cease until further notice to the contrary by MTC. Failure to immediately notify MTC of any such events, or providing MTC with any false information may lead to the User not being covered by MTC’s insurance policy when driving a MTC vehicle and/or termination of the User’s Account with MTC.
8. All users Using the MTC vehicle service is subject to the authorization holds below:
   • HKD2,000 is held temporarily during your booking
   • HKD1,200 is released after your trip ends, minus your trip fee.
   • HKD800 is released after 2 months if no traffic penalties are incurred.

In case of accidents, MTC reserves the right to deduct relevant damages from the authorizations holds. If damages exceed the authorization hold amounts, MTC will deduct the relevant damages accordingly from the credit card related to the account.

5. Damages

Damages Generally: A User is responsible for any and all damage that occurs to a MTC vehicle while in the User’s possession or control (including the entire time the vehicle is reserved under the User’s account), even if damage is weather-related, caused by a third party or arises from similar causes. The User is also responsible for the full value of any damages or injuries caused to third parties or their property. Such damages include, without limitation, the repair costs (estimated or actual) for the MTC vehicle, any internal equipment such as cameras, third party property, injuries to third parties, costs associated with the recovery or transportation of MTC vehicles, and the loss of use of MTC vehicles or third party property. If a User fails to abide by the terms and conditions of this Contract, the insurance coverage MTC provides may not apply, which may make the User responsible for the full cost of any accident or incident and any damage arising from such accident or incident.

6. Insurance

1. Any active MTC User in good standing will be provided third party liability insurance when driving a MTC vehicle as required by Hong Kong Law, subject to the User fulfilling their obligations as set out in this Contract.
2. User will be fully liable for the cost of repair and/or replacement and any related costs.
3. In addition, there is no cover for the theft of personal belongings from a MTC vehicle, or any personal accident benefits.

7. Term and Termination

1. This Contract shall commence upon the acceptance by MTC of the User’s completed Account application and the payment by the User of any applicable fees. The term of this Contract shall continue until such time as Account is cancelled in accordance with this clause 7.
2. If a User cancels this Contract and its Account before we provide any vehicle sharing services to the User, we will reimburse all payments received from the User.
3. After expiry of the cancellation period, a User may terminate this Contract and its Account upon one (1) days’ prior notice by calling us. Please note that no monthly, annual, application or similar fee will be refunded in the event of termination by the User after expiry of the cancellation period, except as specifically provided in this Contract.
4. In addition to the termination provisions set forth in clause 7.5 below, MTC may terminate this Contract at any time upon no less than thirty (30) days’ notice to the User, in which event MTC will, if applicable, refund a prorated portion of the User’s annual Account fee for the year of termination. With respect to any termination or cancellation of this Contract, the User shall remain responsible for any fees, costs or expenses incurred prior to termination of this Contract.
5. MTC may also, upon notice to the User, immediately terminate this Contract if the User (a) fails to pay any sum due under this Contract, (b) fails to comply with any term or condition specified in the Contract or any Rules, (c) is involved in an incident with a MTC vehicle that, in MTC’s reasonable discretion, renders the User ineligible or inappropriate for continued Account, (d) engages in any activities or conduct that MTC, in its reasonable discretion, determines to be inappropriate, negligent, offensive, abusive or otherwise unacceptable; or (e) is not paying the User’s debts as such debts generally become due, becomes bankrupt or insolvent, files or has filed against the User a petition (or other document) under any bankruptcy or insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition (or document), proposes any dissolution, liquidation, composition, financial reorganisation or recapitalisation with creditors, makes a general assignment or trust mortgage for the benefit of creditors, or if a receiver, trustee, custodian or similar agent is appointed or takes possession of any of the User’s property or business. No Account or other fees will be refunded in the event of termination pursuant to this clause 7.6.
6. Upon termination, all of the User’s rights to use MTC’s services and vehicles shall immediately terminate. The User agrees to return immediately to MTC any vehicle or any other property of MTC that the User has in the User’s possession, including, if requested, all MTCds. Additionally, the User shall be responsible for and agrees to pay any legal fees, court costs or expenses associated with enforcing the terms of this Contract, whether upon termination or otherwise (including, without limitation, any costs relating to recovering any of the foregoing property or any amounts due and owing to MTC).

8. Limitations of Liability

1. MTC shall not be responsible for any loss of, or damage to, any goods in or on the vehicle or in or on any third party vehicle (unless any loss or damage is due to our negligence or failure to carry out our obligations under this Contract).
2. MTC shall not be responsible for any personal injury or death in relation to you or any third party arising from the use of a MTC vehicle.
3. MTC is not liable to a User under or in connection with this Agreement whether for tort (including negligence), breach of contract, misrepresentation or otherwise, for:
   • Loss or damage incurred by the User as a result of any claims made by a third party, unless such loss or damage incurred is due to our negligence or failure to carry out our obligations under this Contract;
   • Loss or damage incurred by the User arising from or in relation to either (i) the reservation, supply, operation or use of a MTC vehicle or (ii) any vehicle accessories whether supplied by MTC or by a User (luggage racks, bicycle racks, baby seats and the like – the User is responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless such loss or damage incurred is due to our negligence or failure to carry out our obligations under this Contract; or
   • Loss of profit, revenue, goodwill, business opportunity or anticipated saving suffered by the User, even if foreseeable or if MTC has been advised of the possibility of such losses.
4. No event shall exceed MTC’s total aggregate liability under or in connection with this Agreement, whether for tort (including negligence), breach of contract, misrepresentation or otherwise:
   • for third party property damage, exceeding the amount within third party liability insurance
   • for all other loss or damage, exceed an amount equal to the aggregate Account and vehicle usage fees paid and payable by the User during the twelve (12) month period prior to the first date on which an event giving rise to the liability occurred.
5. Nothing in this Agreement shall limit or exclude MTC’s liability for personal injury or death arising out of its negligence or the negligence of its employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.
6. Any liability of MTC which falls within clause 8.5 will not be taken into account in assessing whether the financial limits in clause 8.4 have been reached.

9. Cameras and equipment in MTC vehicles

MTC vehicles will contain equipment to ensure the safety of motorists by detecting driver behavior, such as cabin cameras and front-facing cameras. By using MTC service, users agree to allow capture of all information related to the user’s trip. This information may be used internally to improve products and services, or shared with third parties, such as relevant authorities in case of accidents, damage, or criminal activity.

Cameras can also detect prohibited driver behaviors, such as phone use, smoking, and speeding. Users of MTC service agree to abide by the terms of this agreement, otherwise be subject to the fees and charges set out in Schedule 4.

For more information on what personal information we gather from you and how we process it, please read our Privacy Policy.

10. Miscellaneous Provisions

This Contract is governed by the laws of Hong Kong. All disputes hereunder shall be resolved solely in the Hong Kong courts. The parties hereby consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defences otherwise available.

1. Persons Permitted to Use Vehicles

Only properly licensed users in good standing are allowed to drive MTC vehicles. Authorized Drivers must be (i) at least 25 years old, and (ii) capable and validly licensed drivers in possession of a license that is not modified, suspended, revoked, or restricted. Where permitted by Applicable Law, we may charge a fee for each additional Authorized Driver, which charge is specified in the Agreement. You are responsible for ensuring that the Vehicle is used according to the terms of this Agreement by all Authorized Drivers. You agree that you will remain financially responsible under the Agreement even if the car is operated by an Authorized Driver or someone other than yourself.

2. Prohibited Uses

1. The use of a MTC vehicle under the following conditions is prohibited:
   1. use of a MTC vehicle off-road, or for racing, pace making, testing the vehicle’s reliability or speed, teaching someone to drive or in connection with motor rallies, competitions or trials;
   2. towing of any trailer or other vehicle;
   3. carriage of passengers for hire or reward;
   4. by any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended;
   5. in the carrying out of any crime or for any other illegal activity or purpose;
   6. in an imprudent, negligent, or abusive manner or any other abnormal use of the vehicle;
   7. by any person who has provided MTC with false information or whose representations are determined to be false (including, without limitation, regarding his/her name, age, or address);
   8. carrying a number of passengers that exceeds the designed seating capacity of the vehicle or baggage or other items that would cause the vehicle to be overloaded;
   9. carrying or transporting any hazardous, toxic, flammable, dangerous or illegal materials;
   10. driving while using a mobile communication device that may distract you from driving, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
   11. in connection with the motor trade;
   12. carrying or transporting third party goods for payment (for example, providing courier or delivery services); and
   13. transporting professional sports persons or professional entertainers.
2. The foregoing examples are not intended to be exhaustive. Any unreasonable or inappropriate use of a MTC vehicle, as determined by MTC in its sole discretion, may be deemed a violation of these Rules. Without limiting the foregoing, Users must always use MTC vehicles in accordance with all highway and other applicable laws and regulations. MTC may report to the authorities any use of a MTC vehicle or other activities that are in violation of applicable laws and/or regulations.
3. MTC may immediately suspend or terminate the use of its service by any user for a violation of any of these Rules. Upon suspension or termination, any existing reservations for the user may be cancelled by MTC at its sole discretion. In addition, users will be responsible for any and all costs, charges, fees and expenses incurred by MTC as a result of a breach of any of these Rules.

3. Vehicle Condition

1. Prior to taking possession of a vehicle, you must do an exterior walk-around and an interior look-over. Before driving the vehicle, you must notify MTC of any damage or abnormality encountered on the vehicle or in the operation of the vehicle. Without limiting the foregoing, you should report to MTC any warning lights that stay on after the ignition is engaged, any indication of leaking fluids near the vehicle, any cracks or chips in the windscreen, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors, any other condition that may render the vehicle unsafe to operate, and any other damage that is not recorded in the vehicles damage log located in the vehicle (the “Damage Log”). If you observe any damage that is not reported in the Damage Log, you are required to inform MTC of such damage prior to driving the vehicle in the required manner as set out on our website.
2. If MTC is not notified of a problem before you take possession of a vehicle and/or driving the vehicle, you will be deemed to be responsible for any problem with the vehicle discovered or reported after your reservation, including, without limitation, damage to the vehicle, lack of cleanliness or low charge.

4. Stolen Vehicles

Stolen vehicles must be immediately reported to MTC and the authorities.

5. Belongings and Lost Property

You must check that you have not left any belongings in the MTC vehicle. MTC makes reasonable effort to reunite lost belongings with their owner; however, MTC shall not be held liable for any belongings left in a vehicle or stolen from a vehicle, and you agree not to hold MTC responsible for any such belongings, whether they are your belongings or the belongings of any third party. Any lost property not claimed after 3 months will be disposed of/given to charity.

6. Recharging and Eligible Expenses

See Schedule 2 (Special Conditions – MTC Trip Based) and Schedule 3 (Special Conditions – MTC Free-Roam) for when you may be responsible for recharging a MTC vehicle and the Eligible Expenses that we may reimburse depending on whether you are using a MTC vehicle under the MTC Trip Based or MTC Free-Roam.

7. Maintenance/Cleanliness

1. MTC will perform all necessary and required routine maintenance on all of its vehicles. However, Users are responsible for the internal cleanliness of vehicles by removing rubbish and we expect Users to assist in helping us to maintain the driving safety and performance of the vehicle.
2. Vehicles may require Roadside Assistance from time to time. MTC provides Roadside Assistance support as part of our service. If, however, a User’s need for Roadside Assistance results from a breach of this Contract or a violation of MTC Rules, the User may be charged for the costs of the service.

8. Breakdown or Incidents

1. All breakdowns, accidents or similar incidents involving MTC vehicles must be reported to the relevant authorities and MTC.
2. In case of an accident the User must contact MTC immediately and complete MTC’s incident report form and obtain the following information:
   • Date, time, and place of accident;
   • The number plates of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate’s number (with name, address and phone number of the insurance agent);
   • The names, addresses, and driver’s licence numbers of the persons involved in the accident;
   • The name, address, and driver’s licence number of the owner of the car (if he or she is not the driver);
   • The name, addresses, and phone number of witnesses, passengers, and any other involved persons; and
   • Circumstances of the accident: User must complete MTC’s incident report form and return it to us as soon as possible (and in any event by no later than 3 days from the date of the incident). If the User fails to send MTC the incident report form then MTC has the right to recover all direct losses arising from the failure to provide the incident report form. You must not knowingly tell us wrong information. If you do, you will lose third party liability insurance, to the extent we are permitted to do so by law.
3. Investigation and procedure: Users must provide to MTC and any other claims adjustment service the findings of any report or any notice relating to a claim or a lawsuit against MTC regarding any accident involving a MTC vehicle. Users agree to cooperate fully with MTC in the investigation and defence of any such claim or lawsuit. A User’s authorization hold will be withheld until the investigation has been concluded.
4. The User shall be responsible for the costs related to the repair, recovery, and loss of use of any MTC vehicle and all third party injuries and property damages resulting from any of the foregoing, up to the current Damage Fee as set forth in the Rate Schedule. Estimates for any costs will be available to the User for review and costs may be assessed in advance of repair. Please note that, as provided in clause 5.1 of the Contract, a User may be responsible for all applicable damages and costs arising from the User’s failure to comply with the terms of the Contract.

9. Traffic Violations

1. You are responsible for any traffic violations incurred during your reservation or as a result of your use of a MTC vehicle. These include, but are not limited to parking, speeding, red light, photo enforcement, and toll violations. You are liable for all penalties/fees from any such violation, including fines for late payment and any processing penalties/fees added by the issuing municipality. You are liable for payment of all tolls and any fines for toll evasion.
2. You must notify MTC of any traffic violation notices found on a vehicle at the time of pickup of the vehicle. All unreported traffic violations will be the responsibility of a User if they occur during the time period during which such User is using or is responsible for the MTC vehicle.
3. At the end of your use of a MTC vehicle and/or reservation, you must not leave a vehicle in a zone which has parking restrictions or which is not within the Designated exit or a MTC Free-Roam vehicle anywhere which is not its Dedicated exit. If you leave the vehicle in such a restricted zone, you must immediately notify MTC, and you will be responsible for any and all violation notices, parking charges or towing charges incurred by MTC.
4. Where a violation, incurred during the User’s reservation period or after it as a result of failure to adhere to parking regulations, is sent directly to MTC, MTC will either pay the penalty/fee on behalf of the User and then deduct the amount of the initial authorization hold, if permitted by the authority issuing the violation, transfer liability for the penalty/fee notice to the User and the User will then be wholly responsible for all correspondence with the appropriate authority and any penalties/fees due. MTC will always inform a User which one of these two courses of action it has taken. Once paid by MTC, it may not be possible for the User to challenge the penalty/fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to MTC and will be at MTC’s absolute discretion. In the case of speeding notices or traffic violations, MTC is obliged by law to pass on the offending User’s details to the police who will then contact the User directly.

10. Unlocking of the Vehicle by MTC

Users must use the MTC service in the Aircity application to lock and unlock MTC vehicles at the start and the end of their reservation. It is recommended that Users carry their phones at all times. MTC may agree to remotely unlock or lock a vehicle for a User who has forgotten or lost his/her phone, at the start or end of the reservation period. MTC may make a charge for locking or unlocking the vehicle remotely.

11. Smoking and Pets

MTC vehicles are smoke-free and smoking is strictly prohibited in a MTC vehicle. Pets are also prohibited, unless they are transported in locked pet carriers. Users are subject to Additional Charges Schedule if evidence of smoking or pets is found in MTC vehicles. If a User smokes or permits any other person to smoke in a MTC vehicle, the User’s deposit is forfeited.

In addition to the Rules and obligations set out in the MTC Contract and Schedule 1, Users are required to take careful note of, and abide by, the Rules set out in this Schedule 2 when using a MTC vehicle under MTC Fixed-route

1. Fixed-route MTC Vehicles
   • Users may book their MTC Trips on the MTC website. Trips are pre-estimated for the user’s confirmation, with an authorization hold placed, pending final trip details. Users are allowed up to ten (10) minutes to cancel their trip without any charges. After ten (10) minutes, there will be a HKD$50 charge regardless of MTC usage. Users will also have thirty (30) minutes to retrieve the vehicle, otherwise the trip fare will be billed to the user, regardless of MTC usage. MTC does not guarantee the availability of any MTC trip vehicle but will use reasonable endeavours to ensure reasonable availability of MTC trip vehicles for its Users.
   • The minimum rental period is one minute. The maximum rental period is two (2) consecutive days. Renting a vehicle for back to back multi day rentals is prohibited. Use of a vehicle for a period of longer than two (2) consecutive days may be authorised at MTC’s discretion and must be arranged with a MTC representative in advance.
2. Vehicle Pick-up, Return and Charges
   • You must pick up the MTC vehicle at the parking space indicated on the MTC website and, after you have completed your trip and no longer require the MTC Trip vehicle, you can leave it parked, secured, clean (rubbish removed), in good working order, within the Designated Pre-selected exit.
   • You are responsible for all charges and costs incurred related to the MTC Trip vehicle for the entire period of the reservation. You will be charged until you have successfully ended your trip and locked the MTC Trip vehicle using the MTC website.
   • When a User wants to end its use of a MTC Trip vehicle, the User can end their trip and lock the MTC Trip vehicle by using the MTC website. The User will only be able to end their trip when the User has parked the MTC Trip vehicle in the Designated Preselected exit. If a User has parked the MTC Trip vehicle in the designated exit and is not able to end their trip, the User should immediately contact us by phone.
   • The vehicle must be parked, secured, closed, locked and serviceable (all accessories off, all windows, doors, hatches, and other openings closed, and other accessories in the vehicle) and returned to the Designated Preselected exit.
   • All charges or fines incurred by leaving a MTC Trip vehicle outside the Designated exit, shall be charged to the User and the User will be responsible for the payment of those charges and/or fines. These incurred costs may be deducted from the authorization hold.
   • Users will be charged for driving MTC Vehicles using the following pricing structure: MTC Trip rates.

By joining MTC, the User agrees to pay MTC the costs, charges, fees and expenses set out in the Contract, including specifically and without limitation those set forth in this Schedule 4. The following is not exhaustive and other specific fees, costs and charges may apply. The parties agree that these charges are a genuine estimate of the costs that are likely to be incurred by MTC in the event of the User taking any of the actions described herein.

1. Charges for cancelled or shortened reservations on MTC Free Roam
   • All charges will be cancelled or refunded for a reservation (i) of less than 8 hours cancelled or changed 3 hours or more before the reservation was scheduled to begin or (ii) 8 hours or longer cancelled or shortened 24 hours or more before the reservation is scheduled to begin.
   • For a reservation of less than 8 hours, if you cancel or shorten it less than 3 hours before it is scheduled to begin, you will be obligated to pay for the entire amount of the original reservation (a portion of which may appear on your invoice as a cancellation or change fee and a portion of which may appear as usage fees).
   • For a reservation 8 hours or longer, if you cancel less than 24 hours before it is scheduled to start, you will be obligated to pay for the full amount of the reservation, up to a maximum amount of one daily rate (a portion of which may appear on your invoice as a cancellation or change fee and a portion of which may appear as usage fees).
   • For a reservation 8 hours or longer, if you shorten the reservation less than 24 hours before it is scheduled to start, you will be obligated to pay for actual usage plus a cancellation or change fee equal to the remaining portion of the original reservation, with the cancellation/change fee capped at one daily rate (a portion of which may appear on your invoice as a cancellation or change fee and a portion of which may appear as usage fees).
   • In addition, Users will be charged a $30 Agent Reservation Charge for reservations, extensions or cancellations which are made by a User Services representative and not through the website, smartphone or our automated phone system. Applies to both MTC Free Roam & MTC fixed-route vehicles.

2. Damage Fee

   Please see the Rate Schedule applicable to your driving plan for your current maximum Damage Fee. Please note that, as provided in Section 5.1 of the Contract, a User may be responsible for all applicable damages and costs, including those in excess of the applicable Damage Fee, arising from the User’s failure to comply with the terms of the Contract. Applies to both MTC Free Roam & MTC fixed-route vehicles.

3. General Fee

   For any violation of MTC Rules, Users may be charged a general fee of up to $1500 per violation. In addition, the User may be charged for any costs incurred by MTC (including all repair and recovery costs, legal fees, including, without limitation, attorneys’ fees) (a) anytime a visit to the vehicle is required as a result of Rules violation or otherwise as the result of actions of the User or (b) for any other failure by a User to comply with any provision of the Contract or the Rules, other than those Rules for which a specific fee or charge is specifically provided in the Contract. Without limiting the generality of the foregoing, you will be charged a fee for any oversight, omission, or negligence on your part that inconveniences MTC or other Users, such as failing to return or lock vehicles at the end of reservations, causing or permitting damage to a vehicle which requires repair or cleaning of such vehicle (internal or external), returning a vehicle to the wrong place or leaving the car in a restricted parking zone, failing to advise MTC immediately of any theft, vandalism or damage relating to the vehicle, etc. Users charged for such costs shall be entitled to an itemized list of charges. Users may be charged for estimated costs pending final repair.

The following fees apply to the use of MTC service: