Conditions of Issue for Vehicle Tag determined by the Government pursuant to section 10 of the Road Traffic (Toll Tags) Regulation
1. Definitions and Interpretation
1.1
In these Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:
(a)
“Conditions” means the conditions of issue for the vehicle tag as determined by the Government from time to time pursuant to section 10 of the Road Traffic (Toll Tags) Regulation;
(b)
“Commercial Vehicle Company Account” means a type of account held by the registered vehicle owner or its authorised agent of rental vehicles (e.g. taxis, red minibuses, goods vehicles or any other vehicle types as specified by the Government) to be used for toll splitting and payment diversion with the holder of a Commercial Vehicle Driver Account linked with such account;
(c)
“Commercial Vehicle Driver Account” means a type of account held by a rentee-driver (e.g. drivers of taxis, red minibuses, goods vehicles or any other vehicle types as specified by the Government) to be used for toll splitting and payment diversion with the holder of a Commercial Vehicle Company Account linked with such account;
(d)
“Government” means the Government of the Hong Kong Special Administrative Region of the People’s Republic of China and where applicable including the Toll Service Provider, the Tag Authority and any other party who may be performing function relating to the collection and recovery of toll for the use of boothless mode tunnel under law from time to time;
(e)
“HKeToll” means a technology-based solution to enable collection of Tolls without requiring a motor vehicle to stop at a toll booth mainly by making use of the RFID technology, with the support of automatic number plate recognition technology;
(f)
“HKeToll Account” means collectively the Typical Account, the Commercial Vehicle Company Account and the Commercial Vehicle Driver Account;
(g)
“Mobile App” means the mobile application of the Government maintained for HKeToll from time to time;
(h)
“Ordinances” means the Road Tunnels (Government) Ordinance (Cap.368), the Road Traffic Ordinance (Cap. 374) and the Tsing Sha Control Area Ordinance (Cap. 594);
(i)
“Regulations” means the regulations made pursuant to the Ordinances;
(j)
“Responsible Person” in relation to a motor vehicle means (i) unless clause (ii) applies, the person registered as the owner of such motor vehicle pursuant to the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374E) of such vehicle; or (ii) if the motor vehicle is used under an international circulation permit, a movement permit or a trade licence, the holder of the international circulation permit, movement permit or trade licence as applicable;
(k)
“Specified Vehicle” means the motor vehicle of which you are the Responsible Person and in relation to which your Vehicle Tag is issued;
(l)
“Tag Authority” means the Tag Authority as defined in the Toll Tags Regulation;
(m)
“Toll” means the amount payable for the use of the Toll Areas as prescribed by regulations under the Road Tunnels (Government) Ordinance (Cap. 368) and Tsing Sha Control Area Ordinance (Cap. 594) as appropriate from time to time;
(n)
“Toll Areas” means collectively the toll area as defined in Road Tunnels (Government) Ordinance (Cap. 368) and the toll area as defined in the Tsing Sha Control Area Ordinance (Cap. 594);
(o)
“Toll Service Provider” means the toll service provider as defined in the Road Tunnels (Government) Ordinance (Cap. 368) and the Tsing Sha Control Area Ordinance (Cap. 594) from time to time;
(p)
“Toll Tags Regulation” means the Road Traffic (Toll Tags) Regulation (Cap. 374Z);
(q)
“Toll Tag” shall have the meaning as defined in the Road Traffic Ordinance (Cap. 374);
(r)
“Typical Account” means a type of account held by the Responsible Person or person authorised by it in respect of the motor vehicle of the Responsible Person;
(s)
“Vehicle Tag” means the vehicle tag as defined in the Toll Tags Regulation which has been issued to you for your use in connection with a specified vehicle of which you are the Responsible Person;
(t)
“Website” means the website maintained by the Government in relation to HKeToll from time to time.
1.2
In these Conditions, unless the context otherwise requires:
(a)
references to clauses are to clauses of these Conditions;
(b)
words denoting one gender shall include all other genders;
(c)
words denoting the singular shall include the plural and vice versa;
(d)
the word “person” includes an individual, partnership, corporation or unincorporated body and government department; and
(e)
references to an ordinance or regulation made under an ordinance shall include references to such ordinance or regulation as amended from time to time.
1.3
References to information published by the Government as referred to in these Conditions shall be those as set out in the Website and/or the Mobile App from time to time and such information shall be applicable to and binding on you upon its publication on the Website and/or the Mobile App without further notice to you.
2. Issue, suspension and cancellation of your Vehicle Tag
2.1
Your Vehicle Tag is issued to you pursuant to section 8 of the Toll Tags Regulation for your use with your Specified Vehicle of which you are the Responsible Person on these Conditions.
2.2
The Government shall be entitled to suspend the operation of your Vehicle Tag at any time forthwith by notice to you at its sole discretion without assigning any reason therefor and such suspension shall continue until you have been notified by the Government of the end of such suspension. In the event your Vehicle Tag is suspended, notwithstanding Clause 6 of these Conditions, the Toll for the use of a Toll Area by your Specified Vehicle shall be paid for by you as the Responsible Person pursuant to the relevant provisions under the Regulations.
2.3
Your Vehicle Tag may be cancelled by the Government at any time forthwith by notice:
(a)
at its sole discretion without assigning any reason for such cancellation; or
(b)
if you have not used your Vehicle Tag for a continuous period of not less than 12 months.
2.4
If you are an individual, your Vehicle Tag shall be cancelled automatically upon your death.
2.5
Without prejudice to clauses 2.3 and 2.4, you may at any time cancel your Vehicle Tag by following the cancellation procedures as published by the Government.
2.6
A cancelled vehicle tag cannot be reactivated. After the cancellation of your Vehicle Tag, all registration of your Vehicle Tag with a HKeToll Account will cease and the Toll for the use of a Toll Area by your motor which was the Specified Vehicle prior to the cancellation of your Vehicle Tag shall be paid for by you as the Responsible Person pursuant to the relevant provisions under the Regulations
2.7
The cancellation of your Vehicle Tag shall be without prejudice to any amount which you may be liable to pay to the Government as a result of or in connection with any use of any Toll Area by your Specified Vehicle, and this clause shall survive the cancellation of your Vehicle Tag and your cessation to be the Responsible Person of your Specified Vehicle.
2.8
Clauses of these Conditions which are expressed to apply after the cancellation of your Vehicle Tag and your cessation to be the Responsible Person of your Specified Vehicle or which relate to the period after the cancellation of your Vehicle Tag and your cessation to be the Responsible Person of your Specified Vehicle or which due to their nature shall apply or continue to apply after the cancellation of your Vehicle Tag and your cessation to be the Responsible Person of your Specified Vehicle shall survive the cancellation of your Vehicle Tag and your cessation to be the Responsible Person of your Specified Vehicle and will continue to have effect thereafter.
3. Compliance with these Conditions
3.1
Subject to clauses 3.2 to 3.4, these Conditions shall be binding on you in respect of your Vehicle Tag until you cease to be the Responsible Person of your Specified Vehicle or the cancellation of your Vehicle Tag pursuant to clauses 2.3, 2.4 or 2.5 whichever is earlier provided that these Conditions shall continue to be binding on you in relation to your Relevant Vehicle Tag in respect of liability incurred prior to your cessation to be the Responsible Person of your Specified Vehicle or the cancellation of your Vehicle Tag, including but not limited to any Toll payable.
3.2
3These Conditions shall at all times be subject to the provisions of the Ordinances and the Regulations and in the event of any inconsistency between the provisions of these Conditions and the provisions in the Ordinances or the Regulations, the provisions in the Ordinances or Regulations shall prevail. Nothing in these Conditions shall restrict or limit or be deemed to have restricted or limited the power of the Government or your liability under law in any way.
3.3
These Conditions shall be without prejudice to any other terms or conditions which may be applicable to you in relation to HKeToll, your HKeToll Account, any device or application provided to you for use in relation to HKeToll, your use of the Website, the Mobile App and/or any function available through the Website and the Mobile App.
3.4
The Government may from time to time determine changes to these Conditions by publishing the changes not later than 30 days before the relevant effective date and such changes shall be binding on you as from the effective date.
3.5
You shall ensure that your agents, the drivers of your Specified Vehicle, and your employees and officers where applicable shall comply with the provisions of these Conditions and their non-compliance of these Conditions shall be deemed to be your non-compliance and you shall be liable accordingly.
4. Installation and maintenance of the Relevant Vehicle Tag
4.1
You shall ensure that:
(a)
your Vehicle Tag must only be used in connection with your Specified Vehicle and must not be affixed or used in relation to any other motor vehicle;
(b)
your Vehicle Tag must be free from interference that prevents your Vehicle Tag from being read properly or causes your Vehicle Tag to fail to operate;
(c)
your Vehicle Tag must be affixed to your Specified Vehicle in the way and at the specific location in accordance with Schedule 2 of the Toll Tags Regulation and in accordance with any installation guideline which may be issued to you;
(d)
your Vehicle Tag must be the only Toll Tag affixed to and used in connection with your Specified Vehicle; and
(e)
your Vehicle Tag must be in good working order.
4.2
Failing to comply with any provision under clause 4.1 may constitute violation of the Toll Tags Regulation.
4.3
You should inform the Toll Service Provider in the event that:
(a)
your Vehicle Tag is lost, damaged or stolen;
(b)
your Specified Vehicle is stolen; or
(c)
you are aware that your Vehicle Tag is not in good working order.
4.4
You shall comply in full with any request for examination or examination order which the Government may issue to you in relation to your Vehicle Tag and/or your Specified Vehicle.
4.5
The Government may from time to time replace your Vehicle Tag by notice to you and you shall agree to such replacement and shall follow the replacement procedures as published by the Government.
5. Registration of your Vehicle Tag to be used with a HKeToll Account
5.1
You may from time to time register or consent to the registration of your Vehicle Tag to be used with a HKeToll Account either in your name or the name of other persons subject to the consent of the holder of such HKeToll Account.
5.2
You may from time to time cancel the registration of your Vehicle Tag with a HKeToll Account. In the event a new vehicle tag is issued to you in respect of your Specified Vehicle for whatever reason, the registration of the former vehicle tag to your Specified Vehicle with any HKeToll Account shall be deemed to have been cancelled by you.
5.3
The registration and cancellation referred to in clauses 5.1 and 5.2 respectively shall be done in accordance with the procedures published by the Government.
5.4
The Government may at any time remove the registration of your Vehicle Tag with a HKeToll Account without prior notice to you and without assigning any reason therefor.
5.5
The holder of the HKeToll Account with whom your Vehicle Tag is registered may from time to time remove your Vehicle Tag from its HKeToll Account.
5.6
Any registration of your Vehicle Tag to any HKeToll Account shall cease when you cease to be the Responsible Person of your Specified Vehicle for whatever reason.
6. Payment of Toll
6.1
In the event your Vehicle Tag is registered to be used with a HKeToll Account, the Toll for the use of a Toll Area by your Specified Vehicles shall be paid for by the holder of such HKeToll Account subject to clauses 6.2 and 6.3 and the terms and conditions applicable to such HKeToll Account.
6.2
In the event your Vehicle Tag is not registered to be used with a HKeToll Account, or the registration of your Vehicle Tag with a HKeToll Account fails, or not detected or has ended or cancelled for whatever reason, the Toll shall be paid by you as the Responsible Person of your Specified Vehicle pursuant to the relevant provisions under the Regulations.
6.3
In the event the Toll payable by you is not recorded or incorrectly recorded or calculated or deducted due to technical issues or unauthorised transfer of your Vehicle Tag or otherwise, the Government shall charge the relevant Toll to you as the Responsible Person of your Specified Vehicle pursuant to the relevant provisions under the Regulations.
6.4
Nothing in these Conditions shall prejudice your obligation to pay any Toll under law. You further acknowledge and agree that the payment of Toll under these Conditions shall be without prejudice and in addition to any other amount which you may be liable to pay to the Government or any third party in respect of the use by your Specified Vehicle of any Toll Area in addition to the Toll.
6.5
Nothing in these Conditions shall prejudice your statutory right to claim a refund within 60 days from the time your Specified Vehicle is detected for using a Toll Area or your right to dispute the use of a Toll Area by your Specified Vehicle.
7. Disclaimer and Indemnity
7.1
You acknowledge and agree that the Government shall not be liable to you for:
(a)
the malfunction of your Vehicle Tag;
(b)
the non-detection or incorrect detection of your Vehicle Tag in any Toll Area by HKeToll;
(c)
the non-detection or non-recording of the registration of your Vehicle Tag with a HKeToll Account;
(d)
the non-availability of HKeToll at any Toll Area either temporarily or permanently or the breakdown or fault of HKeToll;
(e)
the suspension or cancellation of your Vehicle Tag; or
(f)
the removal of the registration of your Vehicle Tag with a HKeToll Account.
7.2
You further agree and acknowledge that:-
(a)
the Government or the operators as defined in the Road Tunnels (Government) Ordinance (Cap. 368) and Tsing Sha Control Area Ordinance (Cap. 594) and their operating staff shall not be liable to you for any accident or incident which happened on or within the Toll Areas; and
(b)
the Government shall not be liable to you for any loss or damages which you may suffer in connection with your Vehicle Tag.
7.3
You shall indemnify and keep indemnified the Government (including the Toll Service Provider and the Tag Authority) against all claims, actions, proceedings, liabilities, demands, charges, damages, costs, losses or expenses arising out of or resulting from the use or attempt use of your Vehicle Tag, the Mobile App or the Website in any way to the extent that the same are or have been caused by any negligent or reckless conduct, wilful misconduct, omission, defamation, breach of statutory duty or breach of the Conditions by you.
7.4
This clause 7 shall survive the cancellation of your Vehicle Tag and your cessation to be the Responsible Person of your Specified Vehicle.
8. Notice
8.1
All notices to be given by the Government to you pursuant to, under or in connection with these Conditions may be given by the Tag Authority, the Toll Service Provider or other Government department on behalf of the Government and shall be given to you in accordance with this clause 8.
8.2
Unless otherwise specified in these Conditions, any notice or document from the Government to you under these Conditions may be sent in any of the ways set out below at the option of the Government:
(a)
by prepaid post to your address which shall be deemed to have been received by you two days after the date of posting;
(b)
by facsimile transmission to your facsimile number which shall be deemed to have been received by you upon dispatch;
(c)
by email to your email address which shall be deemed to have been received by you upon dispatch and you accept the security risk associated with communication by email;
(d)
by SMS or other text or electronic message to your telephone number which shall be deemed to have been received by you upon dispatch and you accept the security risk associated with communication by text or electronic message; or
(e)
by message deliver through the website and/or the Mobile App which shall be deemed to have been received by you upon dispatch.
8.3
Your address, facsimile number, email address and telephone number as referred to in clause 8.2 shall be the address, facsimile number, email address and telephone number as provided by you to the Government for the purpose of receiving notices and documents under these Conditions as updated. You shall notify the Government in the manner published by the Government in the event there is any change to your name, address, facsimile number, email address or telephone number previously provided to the Government within 7 days from such change and such notice shall take effect 7 days after it is actually received by the Government.
8.4
You hereby agree that the notice or document sent to the address, facsimile number, email address or telephone number referred to in clause 8.3 shall be deemed to have been received pursuant to clause 8.2 and any subsequent return of such notice or document shall not affect the validity of such notice or document.
8.5
Subject to the provisions of the Ordinance and the Regulations, any notice or document from you to the Government pursuant to, under or in connection with these Conditions may be sent in such manner as published by the Government and all notices or documents to the Government shall be considered as received upon its actual receipt by the Government.
8.6
The Government shall not be responsible for any interruption, transmission blackout, delay, or incorrect data transmission or other malfunction in communication facilities beyond the control of the Government which may affect the accuracy and timeliness of messages sent by or to you through facsimile, email, SMS, text and other electronic message and such shall not affect the operation of clauses 8.2 and 8.4.
9. Transaction Records
9.1
The Government shall safely keep records of a transaction of your Vehicle Tag for a period of 95 days from the date of such transaction and shall make such records available to you through the Website and the Mobile App. The Government shall not be liable to produce the record of such transaction after such 95 days.
10. Miscellaneous
10.1
If any of these Conditions is or becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining Conditions shall not in any way be affected or impaired and such remaining Conditions shall remain in full force and effect.
10.2
Neither your Vehicle Tag nor the rights and liabilities of you under these Conditions can be assigned by you to any other person.
10.3
The Government may assign its rights and liabilities under these Conditions to any third party by notice to you and you shall sign all reasonable documents to effect such assignment.
10.4
Any waiver by the Government of any breach of these Conditions (which shall have to be given by an authorised person in writing) shall be effective only in the instance and for the purpose for which it is given and no failure or delay by the Government in exercising or enforcing any right under these Conditions shall operate as a waiver thereof.
10.5
If you are an individual, these Conditions shall be binding on your personal representative.
10.6
In the event of any inconsistency between the Chinese version and the English version of these Conditions, the English version shall prevail.
11. Jurisdiction
11.1
These Conditions shall be governed by and construed in accordance with the laws of Hong Kong and the parties submit to the exclusive jurisdiction of the courts of Hong Kong.