Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the SuperAutoTrader Platform, you agree to comply with and be bound by these Terms of Service.
Supplier & Payments Terms of Service
Last Updated: February 19, 2018
( A. ) Preamble : This Supplier & Payments Terms of Service governs the online vehicle booking services and its related process and payments. Regarding the provision of vehicle rental services, it is the contractual agreement between the renter and the vehicle rental services supplier.
( 1. ) These Supplier & Payments Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you ("Supplier" - a company providing vehicle rental services) and Super Media Technology ("SMT" - a company providing online vehicle booking / reservation / payments and other related services) governing the online booking Services and payments conducted through or in connection with the SuperAutoTrader Platform.
( 2. ) SMT agrees to provide online vehicle booking /reservation and related services to Supplier - through the following primary website (https://superautotrader.com) herein after refers to "the Site" and/or its affiliated / associated / related websites / systems / applications (apps) / channels / platforms.
( 3. ) Supplier agrees to provide the following relevant valid documents, if applicable and necessary, to SMT for verification purpose : (a) Company Registration Certificate / Business Licence; (b) Vehicle Rental/Hire Agent Licence/Permit issued by the relevant Government/local authorities; and/or (c) Insurance Certificate.
( 4. ) Supplier agrees to provide the following relevant information, if appropriate, to SMT for operational purpose : (a) Responsible Person of the Company : Name, Email, Phone, Address; (b) Customer Service Representative : Name, Email, Phone, Address; (c) Bank Account details for invoice settlement; and (d) Terms & Conditions (for vehicle rental services to customers) : a web page link for Customers.
( 5. ) All relevant company/business/insurance licences, where appropriate, must remain legally valid when any listings are appeared live on the Site.
( 6. ) Responsibilities & Obligations :
( 6a. ) Supplier agrees to the Terms of Use, Terms of Service and Refund Policy, Privacy Policy and Disclaimer and any other relevant terms and conditions of the Site.
( 6b. ) Supplier shall specify its valid vehicle rental licence/permit number issued by the Government/local authorities, if appropriate, on each vehicle listed on the Site.
( 6c. ) Supplier shall specify if the vehicle listed on the Site is "the vehicle" as appeared on the real photos on the Site / only part of the vehicle characteristics/features, for example, Make, Model, Year, Color are guaranteed / "or similar vehicle”. Supplier shall specify on the Remarks section if the vehicle is Type [ 1 ] : Guaranteed Vehicle i.e. the exact vehicle listed/appeared as shown on the “real photos” on the Site; or any part of the vehicles are guaranteed; Type [ 2 ] : the vehicle "or Similar Vehicle in same class/category" as listed/appeared as shown on the “generic images” (computer-generated or processed images) on the Site.
( 6d. ) Supplier is encouraged to offer an all-inclusive price (i.e. a price that has already included the necessary taxes and fees for the renter to drive away the vehicle legally - i.e. "on-the-road" price). Other surcharges / fees / taxes / insurance : Supplier shall specify (on the relevant vehicle listing listed on the Site) any additional surcharges/fees/taxes/insurance (e.g. Driver’s Age Limit Surcharge, Vehicle Delivery Charge, Local Taxes, Insurance) to be paid when the Renter pays at the counter of the Supplier or whether any of them has/have been included in the listed price. Any charges/fees/taxes/insurance, if possible, shall be specified in the Terms and Conditions of the Supplier.
( 7. ) Booking Process AND Payments Terms :
( 7a. ) Supplier shall comply with the terms and conditions of our online payment partner (Paypal Inc.) and the currencies supported by our payment partner : AUD, CHF, CAD, CZK, DKK, EUR, GBP, HKD, HUF, ILS, JPY, MXN, NOK, NZD, PHP, PLN, RUB, SGD, SEK, THB, TWD and USD (which may be updated from time to time without prior notice). Other currencies are not accepted.
( 7b. ) Renter pays a Rental Deposit (i.e. 20% of the total rental amount) when a booking is made.
( 7c. ) Renter will pay the Rental Balance (i.e. 80% of the total rental amount) PLUS any additional charges/fees/taxes/insurance directly to the Supplier when they pick up / collect the vehicle at the office of the Supplier or any other agreed locations.
( 7d. ) Renter is charged the Rental Deposit before picking up the vehicle, and Supplier will be paid automatically after renter returned the vehicle to Supplier, minus a service fee ranged from 5% to 15% (based on the fee schedule listed on 7e). You will be paid via PayPal or if mutually agreed, via direct deposit, or international money wire, among other ways. Payments will be made within 30 working days after verification.
( 7e. ) Service Fee : service fee and other necessary charges including taxes/financial/administrative/payment processing charges may be charged. Please visit our affiliated website : http://www.MyAutoBooking.com for pricing details
( 7f. ) In the event of “No show” (i.e. Customer does not show up) or “cancellation on the rental start date” or “cancellation 1 - 7 days before the rental start date” or “cancellation 7 days before the rental start date (after free cancellation date only)", the customer will be subject to a cancellation charge.
( 7g. ) “No show” or “cancellation on the rental start date" : 50% of Rental Charge, after deducting the related online payment processing/bank/financial charges, will be given to the Supplier. “Cancellation 1 - 7 days before the rental start date" : 25% of Rental Charge, after deducting the related online payment processing/bank/financial charges, will be given to the Supplier. “Cancellation 7 days before the rental start date (after free cancellation date only)" : 10% of Rental Charge, after deducting the related online payment processing/bank/financial charges, will be given to the Supplier.
( 7h. ) Payment will be made within 30 working days after verification is confirmed. Supplier should notify SMT as early as possible if the renter did not show up or cancel booking prior to the rental start date.
( 7i. ) Supplier acknowledges that the “Cancellation” charge or “No show” charge may or may not be recoverable due to several unforeseeable circumstances e.g. fraudulent credit card information or different bank policies.
( 8. ) Late Arrival : in case that the customer does not pick up the vehicle within 60 minutes following the agreed time, the Supplier is entitled to hire out the vehicle to a third party. Late Arrival will be counted as “No Show”.
( 9. ) No vehicle available to customer : Supplier should inform SMT and the renter at least 7 calendar days before the customer pick-up date or as early as possible after customer’s booking whichever earlier.
( 9a. ) If Supplier is not able to provide the vehicle guaranteed/specified, Supplier agrees to provide a comparable or an upgrade vehicle to the customer (if customer accepts this arrangement); Supplier may also consider : to provide same-grade vehicle plus a free voucher for future upgrade-vehicle compensated with price differential PLUS a free voucher for future upgrade (if customer accepts this arrangement); OR (If all the above are not accepted by the customer) to transport the customer to the nearest car rental shop free of charge.
( 10. ) In case of Supplier's failure to provide vehicle to customer, SMT has the discretion to refund the Rental Deposit to the renter and Supplier agrees to pay SMT a recovering service fee (covering such costs as administrative / processing / financial charges) which is equivalent to 5% of the rental charge.
( 11. ) Dispute Resolution : SMT has the independent and final discretion on each booking order and its resolution will be final.
( 12. ) Termination : Either party may terminate this Agreement at any time by 30 working days’ prior written notice to each other. If you cancel your Account as a Supplier, SMT will provide a refund to any Renters with confirmed booking(s). If either party is convicted of any crime or offense, fails or refuses to comply with the terms of this Agreement or is guilty of serious misconduct in connection with performance, or materially breaches provisions of this Agreement, either party at any time may terminate the engagement of the Agreement immediately and without prior written notice to the each other. Any outstanding vehicle booking orders must be handled and fulfilled by the Supplier.
( 13. ) Applicable Law and Jurisdiction : these terms are governed by the laws of Hong Kong. The courts of Hong Kong shall have exclusive jurisdiction over all disputes arising thereof.
( 14. ) Amendment or Modification : SMT reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Site Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Services will constitute acceptance of the revised Terms.
( 15. ) Entire Understanding : Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Terms constitute the entire Agreement between SMT and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between SMT and you regarding the Services. - End -