US AND / OR USING THIS WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THE
1.1The Neighbourcar service enables Neighbourcar Members to rent Vehicles from Neighbourcar.
1.2This Website is owned and operated by Neighbourcar Limited, incorporated in Hong Kong with
company registration number 66740539 and a registered address of UNIT C 4/F CHINA
INSURANCE BLDG 48 CAMERON RD TST KLN HONG KONG
1.3This Agreement is made between: (1) Neighbourcar, and (2) you, in connection with your use of
the Website and / or in your capacity as a Neighbourcar Member. Provisions in this Agreement that
apply to Neighbourcar Members apply to everyone who has registered with Neighbourcar, whether
or not they are registered as a Neighbourcar Renter . In addition:
1.3.1provisions specifically applicable to Neighbourcar Limited will apply to you if you are a
registered Neighbourcar member; and
1.4Capitalised terms used in this Agreement have the meanings set out in the Definitions Section set
out at clause 2 below.
1.5Neighbourcar reserves the right to update this Agreement at any time. If Neighbourcar amends
this Agreement, Neighbourcar will publish the amended version on the Website. The amended
Agreement will take effect from the time it is first published on the Website, and from then on will
govern the relationship between Neighbourcar and Neighbourcar Members and / or Website users.
Unless expressly provided in writing, such amendments will not however apply to any Pre-
Amendment Booking, which will remain binding and otherwise subject to the terms of this
Agreement. Any user and / or Neighbourcar Member who does not agree with the amended
Agreement, must not continue to use the Website after the time on which the amended Agreement is
published on the Website, save that any such Member who has made or accepted a Pre-Amendment
Booking(s) shall be entitled to use the Website solely for the purposes of and in connection with the
making and fulfilment of such Pre-Amendment Booking(s) but for no other purpose.
additional services that Neighbourcar may make available through the Website, for example in
relation to entering into competitions or purchasing items or new services from Neighbourcar.
In such circumstances, this Agreement will continue to apply save that, in the event of any conflict
the additional services shall prevail.
1.7If you have any questions, complaints or comments concerning the services provided on the
Website, you can contact Neighbourcar at firstname.lastname@example.org .
In this Agreement the following capitalised terms mean:
'Basic Safety Requirements' the requirements set out in clause 9.4;
'Booking' any completed agreement between a Neighbourcar Renter and Neighbourcar made
through the Booking Procedure for the Neighbourcar Renter to use a Vehicle for a Rental Period in
return for a Rental Fee, in accordance with this Agreement;
'Booking Procedure' the procedure for making a Booking, described here;
'Renter Eligibility Criteria' are set out in clause 4.2;
'Renter Registration Process' the process used by Neighbourcar Renters to create their Profiles on
'Extension Period' the period of time by which the relevant Neighbourcar Renter agree under clause
7.3 to extend any Initial Rental Period;
'including' or any term similar to it such as, 'for example', does not limit the wording which follows;
'Initial Rental Period' the period of time that the relevant Neighbourcar Renter have agreed through
the Booking Procedure for use of a Vehicle;
'Insurance Fee' the sum payable by Neighbourcar Renters for the insurance cover for each Booking,
under the Insurance Policy;
'Insurer' The insurance partner of Neighbourcar to provide insurance coverage for each Booking
'Member' or 'Members' refers to all Neighbourcar Members and 'Member' refers to anyone who falls
in these groups;
'Pre- Amendment Booking' means any Booking made prior to the date and time on which any
amendment to this Agreement is made and which is not due to have been fulfilled until after such
'Profile' a Member's profile on the Website;
'Rental Fee' the fee agreed through the Booking Procedure to be paid by the relevant Neighbourcar
Renter for use of a Vehicle during a Rental Period (excluding any costs relating to fuel, insurance,
penalties or damage to theVehicle);
'Success Fee' the fee payable by an owner for the deal made through from Neighborucar. Fee set as
5% of the deal complete and Neighbourcar revenue received in respect of the Booking;
'Vehicle Booking Shortlist' a feature available under the Booking Procedure where a Neighbourcar
Renter simultaneously requests use of several Vehicles for the same Rental Period, with the
Booking being concluded when the first Neighbourcar Limited on the shortlist accepts the request;
'Vehicle Condition Checklist' the hard copy log that every renter must keep with the Vehicle, keep
up to date, and make available for car return , in which Members must record any damage to the
Vehicle of which they have become aware (both interior and exterior).
'Vehicle Eligibility Criteria' are set out in clause 3.2;
'Vehicle' a car, complied with the Vehicle Eligibility Criteria, made available for rental by a
Neighbourcar renter in accordance with this Agreement;
'Website' the www.neighbourcar.com website and the content, features and services offered through
'Neighbourcar Renter' a Member registered and verified by Neighbourcar as an individual eligible to
agree from time to time to rental a Vehicle from Neighbourcar in accordance with this Agreement;
'Insurance Policy' the insurance policy arranged by Neighbourcar and which can be found here;
'Neighbourcar Member' a person who has registered with Neighbourcar
'Neighbourcar' a business operated by Neighbourcar Limited, incorporated in Hong Kong with
company registration number 66740539 and a registered address of UNIT C 4/F CHINA
INSURANCE BLDG 48 CAMERON RD TST KLN HONG KONG
3. Registering Renters with Neighbourcar
4.1Any person who meets the Renter Eligibility Criteria, and otherwise complies with the terms of
this Agreement, may become a Neighbourcar Renter by registering with Neighbourcar through the
Renter Registration Process, and insurance verification.
4.2Individuals wanting to become Neighbourcar Renters must be able to meet the following criteria
on the date of registration and for the full period during which they are registered as a Neighbourcar
Renter. The Renter Eligibility Criteria are that the person must:
4.2.1be a private individual not less than 25 and not more than 65 years of age;
4.2.2have held a valid, full (not provisional) Hong Kong driving licence for at least the 24 months
immediately prior to registration, and remain in possession of such licence throughout the period
that the Neighbourcar Renter remains registered with Neighbourcar;
4.2.3have no more than 6 driving-offence points on their driving licence;
4.2.4have no drink driving convictions or have not had their license suspended or cancelled
(excluding any which were incurred more than 5 years prior to the date of registration with
4.2.5have no convictions relating to driving dangerously and/or without insurance;
4.2.6have had no more than one accident in the past 3 years (calculated initially from the date of
registration and then subsequently from the date of each booking request).
4.3By completing the Renter Registration Process each Neighbourcar Renter warrants to
Neighbourcar and Neighbourcar who accept any booking requests for their Vehicles from the
Neighbourcar Renter that the Neighbourcar Renter meets the Renter Eligibility Criteria.
4.4If after becoming registered as a Neighbourcar Renter, the Neighbourcar Renter ceases for any
reason to meet the Renter Eligibility Criteria the Neighbourcar Renter must immediately remove his
/ her Profile from the Website. As soon as a Neighbourcar Renter becomes aware that he / she
cannot meet the Renter Eligibility Criteria the Neighbourcar Renter must not make or attempt to
make any Bookings and must cancel any where the Rental Period has not yet commenced.
4.5 Neighbourcar may refuse to register (or may cancel the registration of) any individuals as
Neighbourcar Renters if it considers or is aware they do not meet the Renter Eligibility Criteria.
4.6If a Neighbourcar Renter who has registered subsequently fails to meet the Renter Eligibility
Criteria, and the Neighbourcar Renter does not remove his / her Profile from the Website,
Neighbourcar may if it is aware of the failure remove the Neighbourcar Renter's Profile, but has no
obligation to do so. Neighbourcar will incur no liability for any Bookings that can no longer be
fulfilled but clause 4.4 will apply to any Bookings cancelled where the Rental Period Has not yet
4.7The Booking Procedure will require Neighbourcar Renters to confirm that they meet the Renter
Eligibility Criteria each time they make a booking request. However, Neighbourcar Renters must
keep their Profile details up to date, and must inform Neighbourcar immediately if a Neighbourcar
Renter becomes aware that it no longer meets the Renter Eligibility Criteria.
5. Booking a Car
5.1All Bookings for Vehicles must be made through, and every Neighbourcar Renter must comply
with, the Booking Procedure .
5.2 Neighbourcar have absolute discretion to accept or decline any booking request.
5.3Once any request has been accepted by Neighbourcar through the Booking Procedure, the
Booking will be binding the Neighbourcar Renter in accordance with this Agreement, and Members
agree to be bound by and comply with the terms of the Insurance Policy.
5.4If Neighbourcar does not respond to any booking request within 24 hours of it being placed,
Neighbourcar will send an automatic decline response to the Neighbourcar Renter who placed the
5.5Bookings may be made to commence up to 15 days after the acceptance of the booking request.
For beta bookings, Neighbourcar Renter needs to contact Neighbourcar to arrange.
7. Rental Period
7.1Initial Rental Periods must be for a specific duration, of at least 16 hours and not more than
7.2Any time spent inspecting the Vehicle at collection and return will be included in the Rental
7.3Initial Rental Periods may be extended if Neighbourcar agreeing an Extension Period with
Neighbourcar renter through contacting Neighbourcar at +852 6111-2699. Neighbourcar have
absolute discretion as to whether to agree to any extension request. If the Renter is late returning the
Vehicle, they will automatically be charged additional pro rata Rental Fees and Insurance Premium
for the extension to the Rental Period.
7.4If Neighbourcar does not respond to an extension request within 12 hours. It will
automatic decline the request.
7.5If a Neighbourcar Renter fails to return a Vehicle by the end of the Rental Period the
Neighbourcar Renter will be liable in accordance with the Members' Penalties and Compensation
7.6[If no Extension Period is agreed the Insurance Policy will not apply beyond the end of the
Initial Rental Period. The Neighbourcar Renter shall be liable for all damage caused to the Vehicle
and any other vehicles or property, or injury to persons, while the Vehicle is uninsured and for any
applicable criminal penalties.]
8. Cancellion and Refund Policy
8.1Bookings may only be cancelled in accordance with this Agreement.
8.2 Neighbourcar Renters will be charged 20% of the rental fee for cancel any booking request
before 24hours of the rental period, and the rental fee will be totally
charged within 24hours of the rental period.
8.3 Neighbourcar must refuse to allow a Renter to take control of a Vehicle if, in the Neighbourcar
reasonable opinion, the Renter is unfit to drive, does not meet the Renter Eligibility Criteria, appears
to be intending to use the Vehicle in a way contrary to this Agreement, or in the circumstances set
out in clause 9.7. Neighbourcar will incur no penalties for this cancellation and will not be required
to refund the Rental Fee.
8.4 Neighbourcar Renters must refuse to take control of any Vehicle if they reasonably consider that
the Vehicle does not meet the Vehicle Eligibility Criteria and may do so in the circumstances set out
in clause 9.6]. Any decision by a Renter to take control of a Vehicle which is damaged (other than
where such damage is purely cosmetic) shall be at the Renter's risk. The Renter will be refunded for
this booking in line with the fines and cancellation policy.
8.5The Members' Penalties and Compensation Policy will apply accordingly.
8.6 When a reservation is cancelled, any charges on your card will either be voided or refunded.
Depending on your credit card issuing bank, it can take 3 to 15 business days for the funds to return
to your card.
9. Vehicle Collection
9.1The Neighbourcar Renter must meet at the time and location agreed in accordance with the
9.2 Neighbourcar will ensure that the Vehicle is provided in accordance with the Vehicle Eligibility
Criteria and in the condition shown in the Vehicle Condition Log.
9.3The Neighbourcar Renter is responsible for inspecting the Vehicle (both interior and exterior)
and taking photos for any existing damages with the owner presence.
9.4The renter of the vehicle is responsible for the roadworthiness of the vehicle he / she is driving,
and as such it is essential that the Neighbourcar Renter inspects the Vehicle and in particular
confirms that the Vehicle meets the following basic safety requirements. The Basic Safety
Requirements are as follows:
9.4.1all warning lights go off automatically immediately after the ignition is engaged;
9.4.2there is no indication of leaking fluids near the vehicle;
9.4.3no part of the car, except the tyres, is in contact with the ground;
9.4.4windscreens and windows are free from cracks and chips;
9.4.5all panels, bumpers, mirrors and mouldings are secure;
9.4.6front and rear light lenses are undamaged;
9.4.7tyre treads are at least 2mm deep and the tyres are free from deformities and damage; and
9.4.8all necessary peripheral items are with the Vehicle including user manual, wheel jack, spare
tyre, and locking wheel nuts.
9.5In the event that any of the items of damage or problems listed in clause 9.4 above are present in
the Vehicle, the Neighbourcar Renter may cancel the Booking on the basis that the Vehicle is not fit
for purpose at pickup, and the Members' Penalties and Compensation Policy will apply.
9.6 Neighbourcar Renters must take photos of 4 sides of the car upon collection. Other damage
must be recorded (marked, signed, and dated) in photos by the Neighbourcar Renter. If new
damages are reported and renter cannot provide photos, Neighbourcar renters will be responsible for
the repairing fees. Neighbourcar are obliged to notify the Neighbourcar Renter any existing
damages. Refusal to do so will entitle the Neighbourcar Renter to cancel the booking, and the
Members' Penalties and Compensation Policy will apply.
9.7The Neighbourcar Renter must show to the Neighbourcar staff the booking reference number
provided by Neighbourcar for the Booking, and provide his / her driving licence. Failure to do so
will entitle Neighbourcar to retain control of the Vehicle and cancel the Booking, and the Members'
Penalties and Compensation Policy will apply.
9.8 Neighbourcar should ensure that they have not left any belongings in the Vehicle prior to the
Neighbourcar Renter taking control of the Vehicle. If any belongings are left, they are left entirely at
the Neighbourcar renter's risk and Neighbourcar shall incur no liability in respect of any loss or
damage to them.
9.9 Neighbourcar Renters must call Neighbourcar immediately on +852 6111-2699 if during the
Rental Period (or any period outside of the Rental Period during which a Neighbourcar Renter
remains in possession of or responsible for the Vehicle) they discover damage or any fault not
recorded during the collection inspection, or if any damage is caused to or any fault occurs with the
10. Conditions of Vehicle Use
10.1The Vehicle must be driven only by the Neighbourcar Renter named in the Booking and the
following conditions apply to the use of any Vehicle during the Rental Period (or any period outside
of the Rental Period during which a Neighbourcar Renter remains in possession or responsible for
The Neighbourcar Renter:
10.1.1must not use the Vehicle for Rental or reward;
10.1.2must not use the Vehicle for any illegal purpose;
10.1.3must not use the Vehicle off-road, or for racing, pace making, testing the Vehicle's reliability
and speed, or teaching someone to drive;
10.1.4must not use the Vehicle when under the influence of alcohol or drugs;
10.1.5must not carry a number of passengers which exceeds the designed seating capacity of the
10.1.6must not carry baggage which would cause the Vehicle to be overloaded;
10.1.7must not carry any hazardous, toxic or flammable materials in the Vehicle;
10.1.8must not drive the Vehicle in or take the Vehicle to countries other than the Hong Kong;
10.1.9must always use the Vehicle in accordance with all highway and other applicable laws and
regulations which may be in force at any time;
10.1.10must ensure that the Vehicle is locked when not using it;
10.1.11must make sure that the correct fuel is used when refuelling the Vehicle (and in the event of
fuel contamination the Neighbourcar Renter will be liable for all costs relating to recovery,
decontamination, repair or replacement of any parts, as a result of that failure to add the correct
10.1.12is responsible for the Vehicle, and anything that happens to it, from the moment they take
control of the Vehicle until either the later of the end of the Rental Period or the time they return
control of the Vehicle to the Neighbourcar, including any consequential costs incurred due to the
state, location and security of the Vehicle at the end of use;
10.1.13Rent or dispose of any Vehicle or any of its parts, or purport to give anyone any legal rights
over the Vehicle;
10.1.14must not smoke or allow others to smoke in, or allow any animals into, the Vehicle without
written permission from the Neighbourcar;
10.1.15must not use or permit the Vehicle to be used to jump start any other vehicle; and
10.1.16must not use or permit others to use the Vehicle to tow any other vehicle without written
permission from the Neighbourcar.
10.2The insurance policy will be void even accepted if black-rain warning or typhoon signal
number 8 or above is hoisted; If such conditions occur during rental period, all rentals must be
terminated immediately. The renter has to keep the car in a safe place but not driving it on the road,
and return to Neighbourcar only after weather condition is safe. The rental fees will be charged up
to the hour that the weather condition signal is hoisted. If such conditions occur before the rental,
the rental will be cancelled. Rental fees will be fully refunded and no cancellation charges will be
11. Vehicle Return
11.1By the end of the Rental Period, the Neighbourcar Renter must return the Vehicle to the
location agreed through the Booking Procedure into the control of the Neighbourcar. If this is not
done the Members' Penalties and Compensation Policy will apply.
11.2For the avoidance of doubt, after taking possession of a Vehicle, Neighbourcar Renters remain
responsible for the Vehicle until it has been returned to the possession of the Neighbourcar in
accordance with this Agreement, regardless of whether it is returned during, at the end of, or after
the expiry of, the relevant Rental Period.
11.3 Neighbourcar Renters should not return Vehicles to Neighbourcar before the end of the Rental
Period unless agreed otherwise with the Neighbourcar. If a Vehicle is returned early, the full Rental
Fee for the Booking will still be payable.
11.4The Vehicle (with its keys and all peripheral items, including manuals, wheel locking nuts etc)
must be returned to the Neighbourcar in the same condition as it was at the beginning of the Rental
11.5The Driver must inspect the Vehicle (interior and exterior), and record its fuel level on its
return. Neighbourcar can report any damage within 24 hours upon return of vehicle. If there is new
damage to the Vehicle, and the Neighbourcar Driver cannot provide any photos of the car upon
collection, the driver will be liable under the Members' Penalties and Compensation Policy. All new
damage (not recorded prior to the commencement of the Rental Period in the Vehicle Condition
Log) must be recorded by photos and must be reported to Neighbourcar by the driver.
11.6Significant new damage (damage which would cost more than the excess on the Insurance
Policy) caused to the Vehicle during the Rental Period will be covered by the Insurance Policy,
subject to the terms of the policy, and provided that such damage is reported to Neighbourcar
promptly. Members must provide accurate statements and co-operate with the Insurance Policy
provider in any way as required by it and provide all information requested by Neighbourcar or its
insurers, if a claim needs to be made.
11.7Damage caused to the Vehicle outside of the Rental Period, or any damage expressly stated to
be not covered by the Insurance Policy, will not be covered by the Insurance Policy, and
Neighbourcar Renters will be liable for all such damage. For the avoidance of doubt, liability for
any damage caused to any Vehicle during any time that a Neighbourcar Renter has responsibility for
or is in possession of the Vehicle (whether during a Rental Period or otherwise), and which is not
covered by the Insurance Policy for any reason, shall lie with the Neighbourcar Renter.
11.8 Neighbourcar Renters should ensure that they have not left any belongings in the Vehicle prior
to the Neighbourcar taking control of the Vehicle. If any belongings are left, they are left entirely at
the Renter's risk and Neighbourcar shall incur no liability in respect of any loss or damage to them.
12. Fuel Policy Refuelling and Incidental Expenses
12.1 Neighbourcar will provide a Vehicles to Neighbourcar Renters at the start of each Rental
Period with at least a quarter tank of fuel.
12.2 Neighbourcar Renters should check the fuel level before taking control of the Vehicle and
should return the vehicle with at least some fuel to drive.
12.3Where there is a disagreement over fuel levels at the collection or return of any Vehicle .
Neighbour can make the final decision.For the avoidance of doubt, no penalties will be incurred
under the Members' Penalties and Compensation Policy in respect of fuel provision, except that
where a Neighbourcar provides a Vehicle with no fuel it shall be deemed not fit for purpose at pick
up and the Members' Penalties and Compensation Policy will apply.
12.5 Neighbourcar Renters should not incur any major expenses in respect of a Vehicle. In the event
of accident or breakdown clause 21 will apply.
13. Neighbourcar's Responsibilities and Liability
13.1 Neighbourcar has the right to enforce this Agreement (and the specific terms of any Booking)
against Members for any failure(s) to comply with this Agreement.
13.2Where this Agreement or any other part of the Website states that Neighbourcar will do
something, Neighbourcar will use reasonable endeavours to do that thing, or will use reasonable
endeavours to procure that the Website provides that function (for example sending text and email
reminders in respect of bookings).
13.3 Neighbourcar will use reasonable endeavours to maintain and operate the Website but accepts
no liability in respect of any part of the Website being unavailable for any period of time.
[Neighbourcar will use reasonable endeavours to maintain and operate its phone contact but accepts
no liability in respect of this being unavailable for any period of time.]
13.4 Neighbourcar does not guarantee that the Website or Neighbourcar's service will be error-free,
uninterrupted or that it will provide specific results. The Website is provided on an "as-is" and "asavailable"
basis. Except as expressly set out in this Agreement, Neighbourcar expressly disclaims
any further warranties, conditions, or other terms, either express or implied by statute or otherwise
including the implied warranties of merchantability, satisfactory quality or fitness for purpose.
13.5 Neighbourcar accepts no liability in respect of the accuracy of any information or data received
from third parties, including the results of Neighbourcar vetting any Members or carrying out
checks on Vehicles.
13.6 Neighbourcar accepts no liability in respect of and shall not be responsible for:
13.6.1the condition of any Vehicle;
13.6.2any information or content provided by Members on their Profiles or elsewhere on the
Website or in connection with the booking of any Vehicle;
13.6.3death or personal injury except where resulting from Neighbourcar accepts no liability in
respect of and shall not be responsible for driver's negligence;
13.6.4any damage to any property, or damage to or loss of any Vehicle;
13.6.5any damage or loss of any belongings left in any Vehicle;
13.6.6any fuel costs;
13.6.7any incidental expenses;
13.6.8any charges or fines mentioned in clause 17;
13.6.9any theft or breakdown of any Vehicle;
13.6.10(subject to making payments when received under the Members' Penalties and
Compensation Policy) any cancellation, or failure to honour the terms of, any Booking by any
13.6.11any cancellation of any booking, or removal of any Member Profiles, Vehicles, or other
content, from the Website, if done in accordance with this Agreement.
13.7Subject to clauses 13.8 and 13.9 below, Neighbourcar is not liable to any Member under or in
connection with this Agreement whether for negligence, breach of contract, misrepresentation or
13.7.1loss or damage incurred by any Member in connection with any claims made by a third party;
13.7.2loss of profit, goodwill, business opportunity or anticipated saving suffered by the Member;
13.7.3any indirect or consequential loss or damage suffered by any Member.
13.8Subject to clauses 13.9, 13.10, and 13.11, the entire liability of Neighbourcar to any Member
under or in connection with this Agreement whether for negligence, breach of contract,
misrepresentation or otherwise, is limited to the amount of the Rental Fee for each Booking made
by such Member plus any compensation payable under the Members' Penalties and Compensation
Policy, and the amount of any sums which would be payable under the Insurance Policy but for
Neighbourcar's failure to comply with this Agreement.
13.9Where Neighbourcar's total financial liability cannot be calculated in accordance with clause
13.7 (because the liability has arisen otherwise than in relation to a Booking), Neighbourcar’s entire
liability to any Member or any other person under or in connection with this Agreement whether for
negligence, breach of contract, misrepresentation or otherwise, is limited to HK$1000.
13.10Neighbourcar shall only be liable to receive Rental Fees to Neighbourcar Renter and
compensation to Members to the extent that Neighbourcar has received these amounts from the
relevant Member(s). [Payments made under the Insurance Policy will be managed by
Neighbourcar's Insurance partners].
13.11Nothing in this Agreement will operate to exclude or restrict Neighbourcar's liability for:
13.11.1death or personal injury resulting from negligence;
13.11.2 Neighbourcar's fraud or negligence.
14. Pricing and Payments
14.1[All Members must provide Neighbourcar with their bank account details into and from which
Neighbourcar can make payments as authorised under this Agreement.]
14.2 Neighbourcar responsibility set and display on car Profile a price for the Rental of the relevant
Vehicle(s). Neighbourcar are free to change their rates at their discretion from time to time though
any agreed Rental Fee for a Booking may not be changed, [without the [written] agreement of the
14.3 Neighbourcar's Rental Pricing Guidance is provided for guidance only and is not binding on
14.4The actual Rental Fee payable in respect of each Booking shall be agreed between the
Neighbourcar and Neighbourcar Renter through the Booking Procedure.
14.5By placing a booking request Neighbourcar Renters agree that the Rental Fee, the Booking Fee,
the Insurance Fee (including, as applicable, agreed or automatic extensions), and any and all of the
following potential additional payments will be charged to the debit or credit card used by the
Neighbourcar Renter to secure the Booking. The potential additional payments that may be charged
to the debit or credit card of the Neighbourcar Renter are payments required:
14.5.1to meet the excess on the Insurance Policy;
14.5.22because the Neighbourcar Renter has incurred a penalty and/or must pay compensation
under the Members' Penalties and Compensation Policy;
14.5.3in respect of loss or damage resulting from a failure by the Neighbourcar Renter to comply
with or breach of this Agreement;
14.5.4in respect of all fines and court costs for parking, traffic or other offences (including any costs
which arise if the Vehicle is clamped or towed) incurred by the Neighbourcar Renter during his / her
Vehicle use or as a direct result of such use;
14.5.5in respect of any other fines and penalties incurred by the Neighbourcar Renter as a result of
failure to comply with this Agreement or in connection with their hiring or use of any Vehicle;
14.5.6in respect of unauthorized use of telematics installed, including, but not limited to,
unauthorized use of sim card and data inside telematics.
14.5.7in respect of Neighbourcar's costs, including, but not limited to, reasonable legal fees and any
debt recovery or court fees incurred in collecting payments overdue from a Neighbourcar Renter;
14.5.8in respect of value added tax and all other taxes and levies on any of the charges listed in this
clause, as applicable from time to time; and
14.5.9in respect of any other money due to Neighbourcar from a Renter under this Agreement.
14.6Conclusion of any Booking in accordance with the Booking Procedure shall constitute
authority for Neighbourcar to debit all monies due against the Member's nominated credit or debit
card at the times specified in clause 14.7 and 14.8 below, including any of the items listed in clause
14.5 (Neighbourcar Renters) above and in clause 14.9 below (Neighbourcar).
14.7Payments for the Rental Fee, Insurance Fee and Booking Fee will be charged to the
Neighbourcar Renter's debit or credit card upon the conclusion of the Rental.
14.8All other payments due in accordance with this Agreement will be charged to the Neighbourcar
Renter's debit or credit card on demand as they fall due.
14.914.8All other payments due in accordance with this Agreement will be charged to the
Neighbourcar Renter's debit or credit card on demand as they fall due.
must provide a debit or credit card for Neighbourcar to take payments required under this
Agreement. By signing up, Neighbourcar’s costumers authorise Neighbourcar to take the following
payments as and when they fall due:
14.9.1any payments due because the renter has incurred a penalty and/or must pay compensation
under the Members' Penalties and Compensation Policy;
14.9.2any payments due in respect of unauthorized use of telematics installed, including, but not
limited to, unauthorized use of sim card and data inside telematics.
14.9.3any payments due in respect of loss or damage resulting from a failure to comply with this
14.9.4any payments due in respect of Neighbourcar’s costs, including, but not limited to, reasonable
legal fees and any debt recovery or court fees incurred in collecting payments overdue from a
14.9.5any payments due in respect of all taxes and levies on any of the charges listed in this clause,
as applicable from time to time; and
14.9.6any payments due in respect of any other money due to Neighbourcar from a renter under this
14.11Where a Member's credit history has not been established to Neighbourcar’s satisfaction or
becomes questionable in Neighbourcar’s opinion, the Member must provide Neighbourcar on
demand a copy of his / her Hong Kong Identity Card and two proofs of address (not more than 2
months old). Neighbourcar may request these at any time while the Member is registered on the
14.12Members whose payments fail will accrue penalties in accordance with the Members'
Penalties and Compensation Policy.
14.14 Neighbourcar may be entitled to keep for itself as payment for providing the Neighbourcar
service, all Booking and Success Fees. [Neighbourcar’s partners may keep all Insurance Fees
(subject to Neighbourcar maintaining the Insurance Policy)].
15. Members' General Responsibilities and Indemnity
15.1Members must provide Neighbourcar with correct information when registering on the Website
(including, and without limitation, the Member's name, address, age, and driving history). It is the
Member's responsibility to update Neighbourcar and the relevant sections of the Website, including
the Member's Profile, with any changes to this information during their Membership.
15.3Each Member hereby indemnifies and agrees to keep Neighbourcar indemnified against all
losses, liabilities, claims or demands arising out of:
15.3.1any failure by the Member to comply with, or any breach by the Member of the terms of, this
Agreement (including the terms of any Booking, and any failure to pay any money due); 15.3.2any
breach of warranty given as to either the Vehicle Eligibility Criteria in respect of any Vehicle, or the
Renter Eligibility Criteria in respect of any Neighbourcar Renter;
15.3.3any claim by a third party (or another Member) that any content posted by the Member on the
Website breaches the intellectual property rights of the third party or any of the warranties given in
15.3.4any death or personal injury other than that resulting from Neighbourcar’s negligence.
15.5Only Neighbourcar Approved Drivers can book and drive a car during a Neighbourcar trip. To
be an “Approved Driver” means that the member has provided and updated all required
documentation, continues to meet all Neighbourcar eligibility requirements, and that the member is
currently in good standing.
The renter(s) of a vehicle shall remain liable for the Neighbourcar trip. Engaging in any Prohibited
Uses with a vehicle rented through Neighbourcar will be grounds for fines, suspension and/or
cancellation of your membership. It will also lower the renter's liability coverage to state minimum
limits or nullify coverage where allowable by applicable state law; if Neighbourcar has encouraged
the engagement in a Prohibited Use, their coverage may be similarly reduced. Engaging in any
Prohibited Uses will also eliminate any coverage for the renter for any claims related to physical
Prohibited vehicle uses and activities include
Permitting someone who is not an Approved Driver to drive a vehicle rented via Neighbourcar.
Driving a manual transmission car without being expert in the use of clutches and manual
Allowing the vehicle to be pushed or towed by anyone other than an authorized law enforcement or
Using a vehicle rented through Neighbourcar to:
tow or push anything
other than on paved roads (whether "off-roading", driving on unimproved roads or parking areas, or
in any race, test, or competition
with the intention to cause damage, or with wanton, willful, or reckless disregard for safety
to carry persons or property for hire, such as a taxi or parcel delivery service. You may, however,
use the car for business purposes, such as attending meetings and carrying associated materials.
unless a trip has been booked. Using vehicles without a reservation or outside your trip time
constitutes unauthorized use
during or as part of the commission of a crime or any other illegal activity or purpose
while the driver is under the influence of alcohol above the legal limit or any drug or medication
under the effects of which the operation of a vehicle is prohibited or not recommended
when it has been loaded beyond its rated capacity or with more passengers than the vehicle has
without a valid license, or if you do not meet our Eligibility Requirements. It is your responsibility
to inform us when your license is expired or suspended, or if you believe you may no longer meet
our Eligibility Requirements
to transport any flammable, toxic, volatile, poisonous, dangerous or illegal substances
Making any alterations, additions or improvements to any vehicle.
Smoking in the car without Neighbourcar’s permission
Bringing a pet without Neighbourcar’s permission
Fueling a vehicle with an improper type of fuel.
15.6.3 Breach of the above terms will result in penalties as follow:
Cleaning fees:Charged by quotation
Transfer car to appointed workshop:$500/time
Damage fees:Charged by quotation
Late fine charges:Extra $200 on top of billed penalty
Extra parking fees resulted:As charge of the car park
16. Penalties and Compensation
16.1By registering on the Website Members agree to pay Neighbourcar the amounts specified for
the relevant penalties as set out in the Members' Penalties and Compensation Policy in the
circumstances set out in this Agreement and / or the Cancellation and Fines Policy.
16.2 Neighbourcar agrees to procure the payment to Members of the amounts specified for the
relevant compensation set out in the Members' Penalties and Compensation Policy in the
circumstances set out in this Agreement and / or the Members' Penalties and Compensation Policy.
17. Traffic Offences and Fines Charging
17.1 Neighbourcar Renters are liable for any costs incurred as a result of any and all traffic offence
penalties which relate to a Rental Period (or any period outside of the Rental Period during which a
Neighbourcar Renter remains in possession of or responsible for the Vehicle) including parking
tickets, speeding fines, clamping fines, bus lane fines and compound charges, and for any further
penalties specified in the Members' Penalties and Compensation Policy.
17.2 Neighbourcar Renters are responsible for paying any tolls, fees or charges which they may
incur during a Rental Period (or any period outside of the Rental Period during which a Renter
remains in possession of or responsible for the Vehicle), including the Harbour crossing tunnels toll
and Bridges toll fees.
17.3Wherever possible it is the Neighbourcar Renter's responsibility to pay the relevant authorities
directly. Neighbourcar Renters must provide a written report of any offences committed to
Neighbourcar on return of the Vehicle.
17.5If a Neighbourcar Renter decides to appeal any tickets, fines or other charges, the Neighbourcar
Renter shall do so at its own cost, and shall remain liable both for the relevant amount and under the
Members' Penalties and Compensation Policy pending the outcome of the appeal.
18. Insurance Cover
18.1All Vehicles registered with Neighbourcar are covered for the duration of any Rental Period by
the Insurance Policy, subject to the quality screening of the insurance partners and other checks by
Neighbourcar during membership registration or booking of each rental. Neighbourcar will work
with the insurance partners to maintain the Insurance Policy.
18.2The insurance policy arranged by Neighbourcar is designed to not prejudice or otherwise affect
the Neighbourcar Renter's existing insurance. However, we recommend that all members verify this
with their existing insurers. The Vehicle will be covered by the insurance arranged by Neighbourcar
throughout the Rental period.
18.3 Neighbourcar Renters are liable to pay the excess on the Insurance Policy. Neighbourcar are
the actual insurance policy holder and legally bear the insurance premium. Neighbourcar Renters
are liable to pay the actual insurance premium cost to the Neighbourcar.
18.4Members are advised to read the full terms of the Insurance Policy.
18.5There are a number of conditions which must be satisfied before the insurance policy is taken
out. Members should check that they are complying with these as the insurance policy may not
cover them if they are not met. Members should note that the Insurer has the right to take action
against a Neighbourcar Renter in the event of a claim, where the Renter is (partially or completely)
at fault or acts or fails to act in a manner that contributes to the loss.
19. Data Protection
19.1For the purpose of Personal Data (Privacy) (Amendment) Ordinance 2016, Neighbourcar will
act as a data controller in relation to Member information provided to Neighbourcar. By registering
with Neighbourcar, Members consent to Neighbourcar processing, as defined under the Data
Member provides to Neighbourcar.
19.2 Neighbourcar is authorized by all registered members to share relate data to third part for
requirement of car usage including but not limited to insurance company.
20. Member Communication and Forums
20.1Members may contact Neighbourcar [at any time] by email, email@example.com and by
phone on +852 6111-2699.
20.5By contributing any content or information to the Website, Members grant to Neighbourcar a
perpetual, a non-exclusive, royalty-free right to use, reproduce, modify, adapt, translate, create
derivative works from, distribute, and grant Neighbourcar the right to use the Member's name in
connection with such content.
20.6Members agree that these rights are irrevocable during the entire period of protection of the
intellectual property rights associated with such content. Members agree to waive any right to be
identified as the author of such content and any right to object to derogatory treatment of such
content. Members agree to perform all further acts necessary to perfect any of the above rights
granted at Member's own cost, including the execution of deeds and documents, at the request of
20.7Members represent and warrant that they own or otherwise control all of the rights to the
content that they contribute.
20.8 Neighbourcar will communicate with Members by [phone, e-mail and text message]. Where
the communication is for the purposes of marketing or sales, communication will be restricted to email
and text message and an opt-out mechanism will be provided in accordance with the Privacy
20.9 Neighbourcar will use e-mail to convey important operational information and changes to this
Agreement, and it is the Member's responsibility to keep their contact details up-to-date.
20.10Telephone calls and other correspondence with Neighbourcar may be recorded or monitored.
By using these communication methods Members consent to the recording or monitoring of their
21. Dispute Resolution
21.1 Neighbourcar does not endorse any Members, any Member Content or Rentals. You are solely
responsible for your interactions with other Neighbourcar Members. Neighbourcar reserve the right,
but have no obligation, to monitor disputes between Members. Neighbourcar shall have no liability
for the interactions among Members, or for any Members action or inaction, with respect to Rentals
or the Service. While Neighbourcar may help facilitate successful transactions and the resolution of
disputes, Neighbourcar do not guarantee the quality, safety, truth or accuracy of Rentals, Member
Content, or other services or transactions available via the Service.
21.2 By using the Service, you agree that any legal remedy or liability that you seek to obtain for
actions or omissions of other Members or other third parties will be limited to a particular Member
or third party that cause you harm and you agree not to attempt to impose liability on, or seek any
legal remedy from Neighbourcar with respect to such actions or omissions. If you have a dispute
with one or more Members, you release us (and our officers, directors, agents, subsidiaries, and
employees) from claims, demands, and damages (actual and consequential) of every kind and
nature, known and unknown, arising out of or in any way connected with such disputes or your use
of the Services.
21.3If any dispute arises between Members relating to Neighbourcar service, including any
Booking, Members must resolve it between themselves. If requested in writing by all Members
involved in a dispute, Neighbourcar will at its discretion assess any information provided by
Members relating to the dispute and make an indicative resolution. The Members do not have to
accept Neighbourcar’s indicative resolution.
21.4Without prejudice to his/ her legal rights, if any Member wishes to challenge any penalty
charged by Neighbourcar under the Members' Penalties and Compensation Policy, Neighbourcar
will consider the Member's challenge and any information provided relevant to it, but will not be
bound to accept the Member’s challenge.
22. Termination of Membership
22.1Subject to clause 21.2, Neighbourcar may without liability remove any Member’s Profile from
the Website, and terminate its relationship with the Member, at any time and for any (lawful)
reason. Neighbourcar may refuse to allow any Member to re-register with Neighbourcar for any
22.2Where any Member has outstanding Bookings which it is yet to fulfil, Neighbourcar may only
exercise its right in clause 21.1 where the Member has acted unlawfully and / or breached the terms
of this Agreement (or any Booking). The breach does not have to be material.
22.3If Neighbourcar exercises its rights under clause 21.1, it will not affect Neighbourcar’s right to
receive any money owed to it or arrange for the payment of any money owed by the Member to any
other Member under this Agreement. Any money owed to Neighbourcar at the time of termination
will become immediately due and payable and Members grant Neighbourcar the right to set off any
amounts owing against any money Neighbourcar is holding on behalf of the Member.
22.4If a Member acts unlawfully and / or in breach of this Agreement, Neighbourcar may where it
considers appropriate give such Member's personal details to credit reference agencies, HM
Revenue & Customs, the Police and other law enforcement agencies, debt collectors, or any other
22.5Except in certain circumstances where a Member has acted unlawfully or in breach of this
Agreement, Members may remove their Profile from the Website at any time. This will not affect
Neighbourcar’s right to receive any money owed to it under this Agreement.
23. Events Beyond the Reasonable Control of Neighbourcar and / or Members
23.1 Neighbourcar shall not be liable for either a failure to perform or delay in performing any of its
obligations if, and in so far as, performance is delayed, hindered or prevented by any event beyond
the reasonable control of Neighbourcar.
23.2[Members shall not be liable to each other for either a failure to perform or delay in performing
any of their obligations if, and in so far as, performance is delayed, hindered or prevented by any
event beyond the reasonable control of the relevant Member.]
If any provision of this Agreement (including any Booking) is, or becomes invalid, or
unenforceable, the remaining provisions shall be interpreted in such a way so as to remain in effect.
25. No waivers
The performance of any obligation required of a member may be waived only by a written waiver
signed by Neighbourcar, and such waiver shall be effective only with respect to the specific
obligation described. The waiver by Neighbourcar of a breach of any provision of the Terms of
Service by a member shall not be construed as a waiver of any future breach of the same section or
another section of the Terms of Service. No failure to exercise, delay in exercising, or single or
partial exercise of any right, power or remedy by Neighbourcar, and no course of dealing between
Neighbourcar and a member, will constitute a waiver of, or will preclude any other or further
exercise of, the same or any other right, power or remedy.
26. Governing Law
This Agreement and all matters arising from or connected with it are governed by and shall be
construed in accordance with Hong Kong Law.
The courts of Hong Kong have exclusive jurisdiction to settle any dispute arising from or connected
with this Agreement, including, but not limited to, a dispute regarding the existence, validity or
termination of this Agreement or the consequences of its nullity. Members irrevocably submit to the
jurisdiction of such courts and agree that the courts of Hong Kong are the most appropriate and
convenient courts to settle any dispute and, accordingly, they will not argue to the contrary.