Given that you (“passenger user”) have signed the Car-Hailing Platform Services Agreement (“User Services Agreement”) with Didi Chuxing Technology Co., Ltd. (“Company”) by online-signing, according to the rules of the Platform, you may need to make advance payment in the course of using services of the Company, and we hereby enter into this Advance Payment Agreement (“Agreement”) as supplementary terms to the User Services Agreement.
Before using relevant services, please read this Agreement (especially the part in bold). Juveniles shall read this Agreement accompanied by a legal guardian. By clicking ‘Agree’, you confirm that you have accepted this Agreement and agree to be bound by all the terms and conditions of this Agreement. Your acceptance of this Agreement will allow you to continue using relevant services, and your refusal to this Agreement will be deemed as your refusal to using relevant services.
You understand and agree that:
1. According to the travel demand of your choice/reservation, the Company will estimate your travel expense in accordance with the relevant pricing rules published on the Platform, and you will need to pay such estimated travel expense to the Platform as the performance security and advance payment for your subsequent use of services (“Advance Payment”). The Advance Payment will offset corresponding travel expense after your use of services. Your confirmation of the travel route and your payment of the Advance Payment will be deemed as your official placement of an order for this travel demand. If you choose not to make the Advance Payment, you will not be able to place an order and you will not be able to use offline services provided by drivers of the Platform.
2. You fully understand and agree that the payment you make for this travel shall be and will only be deemed as an Advance Payment, and shall not be deemed as a top-up behavior in any respect. Correspondingly, the Advance Payment you make will not be displayed in your Didi Chuxing account balance in any way.
3. After you make the Advance Payment and place the order, your order will enter the system and generate corresponding order data. After the order is accepted, you can use the corresponding offline services. The travel expense you will need to pay for this travel or the amount to be deducted according to the rules of the Platform will be subject to the expense actually occurred. The travel expense will be paid by the Advance Payment first, and will be settled in the principle that overpayment will be refunded and deficiency will be repaid. You hereby agree and confirm that the Platform reserves the right to deduct the actual travel expense from the Advance Payment you have made for this travel and you hereby agree to such deduction.
4. If the Advance Payment exceeds the actual travel expense, the Platform will refund the remaining balance after the deduction to you following the original payment path. The time limit for refund will be subject to the working hours of the bank and the third party payment agency, which is normally no longer than seven (7) working days. If the Advance Payment is deficient to fully offset the actual travel expense, you shall pay for the deficiency through the Platform. You will not be able to continue using offline travel services through the Platform until you pay for the deficiency.
5. After you make the Advance Payment and place the order, if you do not use offline travel services through the Platform for reasons that are irrelevant to you (including but not limited to that your order is not accepted, force majeure events, and other reasons), the Platform will refund the paid Advance Payment in full to you following the original payment path. If you unilaterally cancel the order after the order is placed and you are deemed to be responsible for such cancellation, the Platform will calculate relevant cost based on the rules of the Platform and refund the remaining balance after the deduction of relevant cost to you following the original payment path. The time limit for refund will be subject to the working hours of the bank and the third party payment agency, which is normally no longer than seven (7) working days.
6. This Agreement shall be governed by and construed in accordance with the laws of People’ Republic of China. Any dispute between the passenger user and the Company arising out of or in connection with this Agreement shall be resolved by negotiation under the principle of friendship.
7. If certain clauses in this Agreement cannot be applied for some reasons, the other clauses of this Agreement will continue to apply and the clauses that cannot be applied will be modified so that they can be applied in accordance with the laws.
8. The user agreement, services agreement, privacy policy, and other documents that are related to this service shall also form part of this Agreement. In the event of any conflict between the terms of this Agreement and the terms of the aforementioned documents, this Agreement shall prevail.