The following terms and conditions, together with the Car Rental Confirmation Email, constitute the car rental service contract (“Agreement”) by and between you, the Member, and Audi on demand (“Audi on demand”), a service operated by Grand Star Rental Limited (the “Company”) with respect to the use of the Vehicle identified on the applicable Car Rental Confirmation Email. By your use of a Vehicle from the Company, you, the Member, agree to be bound by the terms and conditions contained in this Agreement for the Car Rental Period regardless of prior or subsequent agreements executed by you.

1. DEFINITIONS.
a. “Actual and Reasonable Costs” means the repair price reduced by all discounts paid by the Company to the repairer of the Vehicle, including costs to retrieve a Vehicle and for towing, storage, and impound fees.
b. “Agreement” has the meaning set forth in the preamble herein.
c. “Car Rental Confirmation Email” means the email(s) sent to Member by the Company upon Member’s confirmation of a Reservation.
d. “Car Rental Period” means the period of time between the time the Company makes the Vehicle available to Member and the time when Member is obligated to return possession of the Vehicle to the Company.
e. “Car Rental Rate” means the hourly or daily rate charged by the Company for use of the Vehicle, and Optional Accessories, if any, as identified on the Car Rental Confirmation Email.
f. “Cancellation Charges” means the Total Car Rental Rate or part thereof if you cancel your reservation prior to the commencement of your Car Rental Period or you do not take possession of the Vehicle prior to the commencement of your Car Rental Period;
g. “Drop Off Location” means the location identified as such in your Car Rental Confirmation Email.
h. “Early Termination Right” has the meaning set forth in Section 2.d below.
i. “Information” has the meaning set forth in Section 9.a below.
j. “Loss” has the meaning set forth in Section 4.d below.
k. “Member” or “you” means you, the person or entity identified as the user of the Vehicle on the Car Rental Confirmation Email.
l. “Membership Agreement” means the agreement separately entered into by Member and the Company for the purposes of permitting Member to access cars from the Company, including, in particular, the Vehicle. The terms and conditions of the Membership Agreement are incorporated by reference into this Agreement as if set forth fully herein. All terms within this Agreement not specifically defined herein shall use the definitions set forth in the Membership Agreement.
m. “Mobile Website” means https://app.audiondemand.com.hk, the electronic web-based interface which enables the Member to, among other things, make a Reservation for a Vehicle.
n. “MV Policy” the motor vehicle insurance policy applicable to each Vehicle as defined in clause 4.f below.
o. “Optional Accessories” means any and all items listed on the Car Rental Confirmation Email and accepted by Member, including, but not limited to, global positioning satellite devices, child safety restraint seats, satellite radio and iPhone cables.
p. “Payment Card” means the credit card identified on the Member’s membership Profile.
q. “Permanent Equipment” means all equipment that is issued to the Member with the Vehicle with the exception of any Optional Equipment as identified in the Vehicle’s Reference Information.
r. “Pick Up Location” means the location identified as such in the Car Rental Confirmation Email.
s. “Prohibited Uses” has the meaning set forth in Section 2.b below.
t. “Reference Information” means any and all documents provided by the Company to Member whether by electronic or paper means and whether by direct delivery, by posting on the Mobile Website, by leaving the information within the Vehicle at the beginning of the Car Rental Period, or by any other delivery mechanism, which identifies the Vehicle’s Permanent Equipment, proper usage guidelines, and other general information for the safe and proper handling of the Vehicle, including, but not limited to, the Start Guide, Frequently Asked Questions documents, and the Vehicle’s Owner’s Manual.
u. “Taxes, Fees and Assessments” means the levied amounts identified as such on the Car Rental Confirmation Email.
v. “Telematics” has the meaning set forth in Section 8.c below.
w. “Total Charges” means the sum of the Total Car Rental Rate plus the total Taxes, Fees and Assessments.
x. “Total Car Rental Rate” means the Car Rental Rate multiplied by number of hours or days in the Car Rental Period, as indicated on the Car Rental Confirmation Email.
y. “Vehicle” means the vehicle the Member drives pursuant to this Agreement and any Permanent Equipment identified on the Car Rental Confirmation Email as “Your Audi”.
z. “Vehicle Recovery Fee” means the charge for the Company having to collect the Vehicle after the Car Rental Period from any location other than the Drop Off Location, which is HK$ 1,000.

2. MEMBER´S LIMITED RIGHT TO USE THE VEHICLE.
a. Permitted Use. The Company grants Member a limited right to use, pursuant to the terms and conditions of the Membership Agreement and this Agreement, the Vehicle and Optional Accessories during the Car Rental Period.
b. Limitations On Use. Member’s right to use the Vehicle is limited as follows:
(1) The Vehicle shall not be driven by any person other than Member. Further, Member shall not transfer or assign this Agreement, grant any rights under this Agreement, encumber his or her rights under this Agreement, or, lease or sublease the Vehicle and Optional Accessories, if any.
(2) The Vehicle shall not be used for transporting persons or property for hire, as a common carrier, or for driver training.
(3) The Vehicle shall not be used for any illegal purpose or in an unsafe manner, including without limitation, participating in a speed contest; using the Vehicle, in any manner, on a race track; transporting a number of passengers in excess of the available number of seat belts, passengers outside the passenger compartment, loads in excess of the Vehicle’s gross vehicle weight rating, or loads consisting of hazardous materials or pollutants; transporting one or more children without properly using legally required child safety restraints; or operating the Vehicle while impaired by the use of narcotics, alcohol, intoxicants, or drugs used with or without a prescription; towing or pushing anything.
(4) The Vehicle and Optional Accessories, if any, shall not be altered or modified, including, but not limited to, removing any seats from the Vehicle.
(5) The Vehicle shall not be operated off-road or on unpaved roads.
(6) The Vehicle shall not be operated by any person who provided false or misleading information to the Company.
(7) The Vehicle shall not be operated by any person who does not have a valid driver’s license which has been inspected and verified by the Company or its affiliates or representatives.
(8) The Vehicle shall not be operated outside Hong Kong.
(Collectively, the above items (1) through (8) shall be referred to as “Prohibited Uses”.)
c. Substitute Vehicle. If, after the Car Rental Confirmation Email has been sent to Member, the Vehicle becomes unexpectedly unavailable, the Company is permitted to provide a similar vehicle, which may not be the same model as reserved, as a substitute Vehicle.
d. Company´s Right To Terminate.
(1) Early Termination Right. The Company shall have the unilateral right to terminate this Agreement (each, an “Early Termination Right”) immediately if:
(a) Any Prohibited Use occurs, regardless of fault of the Member; or
(b) Member violates or breaches any term of this Agreement or the Membership Agreement.
(2) Company’s Remedies. The Company’s exercise of its Early Termination right shall not limit the Company’s exercise of any other right or remedy provided by law, equity or this Agreement. Upon the Company’s exercise of its Early Termination Right, the Company may seize the Vehicle without legal process or notice to the Member. Member waives all claims for damages connected with such seizure, including loss or damage to contents, and shall pay all expenses incurred by the Company in returning the Vehicle to the Drop Off Location.
(3) Unpermitted Holdover. If Member continues to operate the Vehicle after the right to do so is terminated, the Company has the right to notify the police that the Vehicle has been stolen. Member hereby releases and discharges the Company from, and agrees to indemnify, defend and hold the Company harmless against any liability arising from such notice.

3. VEHICLE OWNERSHIP.
Member acknowledges and agrees that the Vehicle and any Optional Accessories are, by ownership, beneficial interest or lease, property of the Company, even if owned, registered or titled to a third party, and that Member has no property right of any kind in such property of the Company other than the limited right to use the Vehicle and Optional Accessories, if any, pursuant to this Agreement.

4. MEMBER`S OBLIGATIONS.
a. Delivery Service.
The Company, at its absolute discretion, may provide a service to deliver a Vehicle to the Pick Up Location, the terms and conditions of which are as follows (“the Delivery Service”):
(1) the Company will provide the Delivery Service only from designated location(s);
(2) Member reserves the Vehicle for a minimum of 1 month and requests the Delivery Service and specifies the Pick Up Location at least 2 days before the commencement of the Car Rental Period;
(3) Member specifies a Pick Up Location within Hong Kong which is legally accessible to the public and requires no payment and pays the Delivery Service charges as specified by the Company;
(4) the Vehicle shall be delivered to the Pick Up Location and shall wait for 30 minutes from the commencement of the Car Rental Period. If Member fails to pick up the Vehicle within this time, the Company shall drive away the Vehicle from the Pick Up Location;
(5) Cancellation Charges shall automatically apply if Member cancels the Delivery Service or fails to pick up the delivered Vehicle. At the Company’s absolute discretion, the Company may choose to apply lesser charges as follows: (i) for cancellations within 48 hours from the commencement of the Car Rental Period or Member fails to pick up the delivered Vehicle, no refund will be issued to the Member; or (ii) for cancellations at least 48 hours before the commencement of the Car Rental Period, full refund will be issued to the Member in 14 days.

b. Vehicle Condition.
(1) Member agrees that Member received the Vehicle and any Optional Accessories in good physical and mechanical condition and fit for operation. Member agrees to inspect the same and notify the Company immediately before driving the Vehicle if the Vehicle and any Optional Accessories are not in such condition.
(2) Member agrees that Member is using the vehicle and any optional accessories “as is” and has had an adequate opportunity to inspect the vehicle and any optional accessories before taking possession of the vehicle. the Company excludes all warranties, both express and implied, with respect to the vehicle and any optional accessories including any implied warranty of merchantability or fitness for a particular purpose.
(3) Member agrees to return the Vehicle on or before the return time or upon demand by the Company in the same condition as received, ordinary wear and tear excepted, including all tires and Optional Accessories.
(4) Member agrees to immediately notify the Company and stop driving the Vehicle, putting the Vehicle in a safe location, if the Vehicle ceases to operate properly and immediately notify the Company if any Optional Accessories cease to operate properly.
(5) Member shall not have the Vehicle or Optional Accessories repaired without permission from the Company.
(6) Member agrees to maintain the Vehicle in a manner consistent with the guidelines contained in the Reference Information, including, but not limited to, using the proper type of fuel.

c. Payment.
(1) Member agrees to pay the Company:
(i) The Total Charges for the entire Car Rental Period; Payment for each booking will be made via the registered Credit Card of the Member who will only be the insured driver during the Rental Period; The insured driver can only be responsible for one vehicle
(ii) Rental Deposit (RS models: HK$ 22,000 and other models: HK$12,000) will be charged by Member’s credit card at the beginning of the Car Rental Period; Rental deposit will be refunded in full after the vehicle is returned undamaged and full tank of the correct fuel;
(iii) The Cancellation Charges, Cancellation Charges shall automatically apply if Member cancels the Service or fails to pick up the Vehicle. At the Company’s absolute discretion, the Company may choose to apply lesser charges as follows:
(a) for cancellations within 48 hours from the commencement of the Car Rental Period or Member fails to pick up the delivered Vehicle, no refund will be issued to the Member; or
(b) for cancellations at least 48 hours before the commencement of the Car Rental Period full refund will be issued to the Member in 14 days;
(iv) The Vehicle Recovery Fee;
(v) The Car Rental Rate times the number of hours during which Member retains possession of the Vehicle in excess of the Car Rental Period, in full, one hour increments (if applicable).
(2) Member further agrees to pay the Company for the following items:
(i) Losses due to physical damage to the Vehicle or theft, including all related costs, including, but not limited to, charges for towing, storage, impound, administrative charges for appraisal, and other expenses incidental to the damage incurred to the Vehicle or the repairs thereof to the extent such Losses are not covered by the MV Policy included in the Member’s Total Charges. Further details regarding the MV Policy are set out in clause 4.f below.
(ii) Cleaning fees, if any occupant smoked while inside the Vehicle or allowed an animal to occupy the Vehicle outside of an animal carrier. Charges will include cost of cleaning, as well as the daily Car Rental Rate multiplied by the number of days the Vehicle is unavailable for use due to the cleaning process.
(iii) Loss of use for any and all time a vehicle is taken out of service and diminution in value of a vehicle in the event of damages or cleaning referred to in (i) or (ii) above.
(iv) All fees, costs, and attorneys’ fees for legal violations, parking, traffic, tolls, towing, storage related to operation or other offences of the Vehicle by Member, including administrative fees up to HK$ 300 per incident for processing payment of any fines, costs or attorneys’ fees set forth above.
(v) All fees and cost incurred when Member chooses not to refuel the vehicle to full tank, they will be charged the local pump price, including administrative fees up to HK$ 300 per incident. The Member is liable for all costs including recovery and repair if the incorrect type of fuel is used.
(vi) All expenses incurred by the Company in the collection of amounts due to the Company under this Agreement or in regaining possession of the Vehicle or in enforcing any term or condition of this Agreement, including, without limitation, the Company’s administrative fees, any lawfully allowed penalty fees for declined credit card charges, and any other costs or expenses incurred by the Company including reasonable attorneys’ fees and disbursements.
(vii) Costs to replace Optional Accessories or Permanent Equipment not returned in good working condition by Member at the end of the Car Rental Period.
(3) Member shall pay all toll fees directly as and when incurred by the Vehicle during Member’s use of the Vehicle.
(4) Member authorizes the Company to charge Member’s Payment Card all amounts owed under this Agreement including for any amounts owed by third parties to whom a bill was directed if the third party refuses to make payment. (5) Member authorizes the Company to verify and/or obtain through credit agencies or other sources Member’s personal credit and/or insurance information.

d. Indemnification.
Member shall defend, indemnify and hold the Company harmless from and against any and all losses, liabilities, damages, injuries, claims, demands, judgments, awards, suits, actions, proceedings, costs, attorney fees and other expenses (collectively, “Losses” and each a “Loss”) incurred by the Company arising out of any transaction or occurrence related in any manner to this Agreement, or from the use of the Vehicle or Optional Accessories by any person, including without limitation claims of, or liabilities to, third parties to the extent such Losses are not covered under the Vehicle’s MV Policy.

e. Compliance With Laws.
Member agrees to comply with all applicable laws, including, but not limited to, financial responsibility, licensing, vehicle operation during the use of the Vehicle.

f. Insurance Coverage.
A Member who has been approved or authorized by the Company participates as an insured under a motor vehicle insurance policy when Member uses a Vehicle (“MV Policy”).
(1) The limits of indemnity under the insurance policy are: HK$ 100,000,000 for third party death or bodily injury and HK$ 5,000,000 for damage to third party property.
(2) Subject to the limitations set out in this section, Member is covered by the MV Policy from and against liability to third parties for bodily injury (including death) and property damage if the accident results from the use of the Vehicle as permitted by this Agreement. Third parties, by definition, do not include any of Member’s family members related by blood, marriage or adoption residing with Member or such family members. Member shall be responsible for the first HK$ 60,000 of damage to third party property.
(3) If the total amount of the injuries and/or property damage exceeds the coverage limits provided, Member will be responsible for this excess. Member will indemnify and hold the Company, its agents, employees, and affiliates harmless from and against any and all Losses in excess of the limits stated in this Agreement, or beyond the scope of the protection provided for in this Agreement, arising from the use or possession of the Vehicle by Member, including but not limited to reasonable attorneys’ fees and disbursements incurred by the Company to enforce any of its rights under this Agreement, unless such Loss arises out of the Company’s gross negligence or wilful misconduct.
(4) In case of an accident or incident with the Vehicle during Member’s use, Member undertakes to do the following:
- obtain the names, identity card numbers and addresses of all parties involved and/or witnesses;
- not admitting liability or guilt;
- not abandoning the Vehicle without adequate provisions for safeguarding and securing the same;
- notify the police immediately;
- notify the Company immediately in writing (even if the damage is slight) using the contact details noted on our Mobile Website under Contact Us. Phone numbers on our Mobile Website are provided for your convenience only, and phone calls shall not constitute notice to us. You shall notify us within 24 hours of the occurrence of the accident;
- cooperate fully with the Company’s investigation of the accident or incident;
- deliver to the Company at such applicable address every process, pleading or paper relating to any claims, suits or proceedings arising from such accident. In the event of a claim, suit or legal proceeding, the Member shall cooperate fully with the Company and its representatives.
(5) Insurance covering any theft or loss of personal belongings or personal accident insurance is not included. Member agrees that the Company is not responsible to Member or anyone else for any loss of or damage to Member’s or their personal property caused by Member’s or their acts or omissions, those of any third party or, to the extent permitted by law, the Company’s negligence. Member hereby waives any claim against the Company, its agents, employees or affiliates, for loss of or damage to Member’s or anyone else’s personal property, which includes, without limitation, property left in any Vehicle, caused by Member, by any third parties, to the extent permitted by law, by the Company’s negligence whether in whole or in part. Member agrees to indemnify and hold the Company harmless from any claim against the Company for loss of or damage to Member’s or a third party’s personal property that is connected with any Reservation or use of a Vehicle under this Agreement.
(6) If Member uses the Vehicle in a manner prohibited by this Agreement or the Membership Agreement, including but not limited to the use of a Vehicle by anyone other than Member, or fails to report damage or loss as required by this Agreement, Member voids the applicable MV Policy and will be liable for any and all damage to the Vehicle and liability to a third party or for Member’s own injuries to the extent permitted by law.
(7) It is important that Member notifies the Company immediately of any change in Member’s license status, of Road Traffic Ordinance, Cap. 374 offences incurring points, as this may mean that Member is no longer eligible for membership, is in violation of the Agreement and the Membership Agreement, and that Member’s use of a Vehicle is no longer protected by the MV Policy.
(8) Terms and conditions of the Company’s insurance described in this Section 4.f are subject to change without notice and may differ depending on the type of vehicle including, without limitation, coverage limits and the amount of any applicable deductible. You agree that such changes shall be deemed to amend this Agreement as of the time such changes in the MV Policy go into effect. You may request the Company to provide you with a summary of the terms and conditions of such insurance then in effect.
(9) Member’s responsibility for loss of or damage to the Vehicle.
(i) If Member has failed to comply with this Agreement, Member will be responsible for all damages to or for loss of the Vehicle and its use and for other administrative charges to the fullest extent permitted by law.
(ii Member is responsible for damage to or loss of the Vehicle while it is in Member’s possession resulting from any cause, including but not limited to collision, rollover, theft, vandalism, seizure, fire, flood, hail or other acts of nature or God, regardless of fault.
(iii) If damage to or loss of the Vehicle has resulted from negligence or misuse of the Vehicle or from Member’s breach of any of the terms of this Agreement, Member shall bear the costs of repair or rectification of any damage to or loss of the Vehicle resulting from any of the aforesaid reasons. If damage to or loss of the Vehicle has not been caused by any of the aforesaid reasons, Member shall be liable to pay to the Company on demand the costs of repair BUT Member’s liability shall NOT exceed the amounts set out below in the following cases:
For A3 model:
- For damage to the Vehicle (including damage caused while parking): HK$ 30,000
- For total loss to the Vehicle or if the Vehicle is stolen: HK$ 30,000
For A4 Avant model:
- For damage to the Vehicle (including caused while parking): HK$ 40,000
- For total loss to the Vehicle or if the Vehicle is stolen: HK$ 40,000
For A5 model:
- For damage to the Vehicle (including damage caused while parking): HK$ 30,000
- For total loss to the Vehicle or if the Vehicle is stolen: HK$ 30,000
For A7 model:
- For damage to the Vehicle (including caused while parking): HK$ 40,000
- For total loss to the Vehicle or if the Vehicle is stolen: HK$ 40,000
For Q3 model:
- For damage to the Vehicle (including caused while parking): HK$ 45,000
- For total loss to the Vehicle or if the Vehicle is stolen: HK$ 45,000
For Q7 model:
- For damage to the Vehicle (including caused while parking): HK$ 40,000
- For total loss to the Vehicle or if the Vehicle is stolen: HK$ 40,000
For RS3 Sedan model:
- For damage to the Vehicle (including caused while parking): HK$ 60,000
- For total loss to the Vehicle or if the Vehicle is stolen: HK$ 60,000
For RS Q3 Sportback model:
- For damage to the Vehicle (including caused while parking): HK$ 65,000
- For total loss to the Vehicle or if the Vehicle is stolen: HK$ 65,000
For RS4 Avant model:
- For damage to the Vehicle (including caused while parking): HK$ 80,000
- For total loss to the Vehicle or if the Vehicle is stolen: HK$ 80,000
For TT RS Roadster model:
- For damage to the Vehicle (including caused while parking): HK$ 65,000
- For total loss to the Vehicle or if the Vehicle is stolen: HK$ 65,000
(iv) Member is responsible for the full value of the Vehicle if it is established that Member committed, or aided or abetted in the commission of, the theft of the Vehicle.

5. COMPANY´S OBLIGATIONS.
a. Insurance. The Company complies with the Motor Vehicles Insurance (Third Party Risks) Ordinance, Cap. 272.
b. Condition of Vehicle. MEMBER IS USING VEHICLE AND ANY OPTIONAL ACCESSORIES “AS IS” AND HAS INSPECTED THE VEHICLE AND ANY OPTIONAL ACCESSORIES BEFORE TAKING POSSESSION OF THE VEHICLE. THE COMPANY EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE AND ANY OPTIONAL ACCESSORIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

6. LIABILITY.
a. Company’s Liability. The Company is not responsible for any damage or loss due to theft of any personal property during the Car Rental Period. Member acknowledges and agrees that no bailment is or shall be created upon the Company, whether actual, constructive or otherwise, for any personal property carried in or left in the Vehicle or at the Company’s premises.
b. Limitation of Remedy. If the Company breaches any of its obligations under this Agreement and/or if the Vehicle has any mechanical failure or other failure not caused by Member, and if the Company is liable under applicable law for such breach or Vehicle failure, the Company’s sole liability to Member is limited to the repair of the Vehicle, substitution of another similar Vehicle by the Company or to Recovery by Member of the hourly Car Rental Rate for the period in which Member did not have use of the Vehicle or a substitute Vehicle. MEMBER WAIVES ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO MEMBER, AND SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO MEMBER.

7. MECHANICAL BREAKDOWN.
a. Mechanical breakdown. Twenty-four (24) hour roadside assistance is free for all inherent mechanical faults (as determined by the Company or an authorized repairer) of the Vehicle. If the Vehicle requires repair or replacement, the decision to supply another vehicle to the Member is at the Company’s sole discretion.
For roadside assistance call the number indicated on our Mobile Website.

8. PRIVACY AND TELEMATICS.
a. Personally Identifiable Information. The Company may collect and use personally identifiable data about Member in accordance with the Company’s privacy policy. The privacy policy is available on the Mobile Website. Member accepts the terms of the privacy policy and any revisions thereto. Member agrees that the Company may disclose such information pursuant to the Company’s privacy policy and recipients may include law enforcement or other government authorities.
b. Distribution. Member agrees that the Company may provide information in the Company’s possession about Member, including, but not limited to, Member’s name, address, driver’s license and/or Payment Card information to applicable governmental authorities or other third parties, in connection with the Company’s enforcement of its rights under this Agreement.
c. Telematics. The Vehicle may be equipped with electronic surveillance (“Telematics”) technology. The Company obtains data from Telematics equipment only to the extent permitted by law.

9. ELECTRONIC TRANSACTIONS.
a. Member’s Consent. Member consents to the Company’s use of electronic records to contract with Member and provide or make available to Member information via the Mobile Website or visibly referenced by a link contained in the Mobile Website, or by email (collectively, “Information”). This may include Information related to Member’s online enrollment or membership in the Company’s car Rental program, Member’s car Rental usage, legal notices, and disclosures.
b. Withdrawal of consent. Member may withdraw consent to the Company’s use of electronic records at any time. Member’s withdrawal of consent will be effective the last day of the calendar month that is at least forty days after the Company has received a written letter mailed to the Company at the applicable address pursuant to Section 11 requesting such withdrawal and providing a mailing address where the Company may send future paper documents in lieu of electronic records. Member’s withdrawal shall only be effective prospectively.
c. Copies of electronic documents. Member may request a paper copy of any electronic records relating to this Agreement by written letter to the address shown on Member’s account. The Company reserves the right to charge postage and a handling fee of HK$1.00 per page provided to Member, plus HK$100.00 per request in excess of two requests in any twelve month period. Delivery of documents is conditioned upon payment in advance by credit card charge authorized by Member.
d. Email address. Member agrees to provide a valid email address for the purposes of receiving legal and other notices. Member may change the email address through the Mobile Website.
e. Capability. Member agrees that by entering into this Agreement and making a Reservation for the use of a Vehicle through electronic means, Member has demonstrated Member’s ability to access Information in electronic form provided to Member and on the Company’s website.

10. MEDIATION AND ARBITRATION.
a. Mediation. Any dispute, controversy, difference or claim arising out of or in connection with this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it (“the Dispute”) shall first be referred to mediation at Hong Kong International Arbitration Centre (“HKIAC”) and in accordance with its then current Mediation Rules.
b. If the mediation is abandoned by the mediator or is otherwise concluded without the Dispute being resolved, then the Dispute shall be referred to and finally resolved by arbitration pursuant to the HKIAC Domestic Arbitration Rules in force when the Notice of Arbitration is submitted. Notices to you shall be sent to your home address in your Profile. Notices to us must be sent to the address in Section 11 below. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in the English language.

11. NOTICE.
You must notify us in writing using the address applicable to your reservation. Those addresses are noted on our Mobile Website under Contact Us. Phone numbers on our Mobile Website are provided for your convenience only, and phone calls shall not constitute notice to us. We may notify you at the address in your profile established pursuant to the Membership Agreement.

12. MISCELLANEOUS.
a. Member acknowledges and agrees that Member and the Company are the only parties to this Agreement. This Agreement is excluded from the application of the Contracts (Rights of Third Parties) Ordinance, Cap. 623.
b. The headings of the paragraphs of this Agreement are for convenience only, are not part of this Agreement, and do not in any way limit, modify or amplify the terms and conditions of this Agreement.
c. All terms and conditions of this Agreement shall be interpreted, construed, and enforced pursuant to the laws of Hong Kong.
d. Member understands that by checking the box next to “Yes, I have read the following documents and agree to them. I confirm that I am in possession of a valid driving license” and clicking on “Confirm Booking with an obligation to pay” on making a reservation for a Vehicle, Member is executing this Agreement and is bound by it.