99LIMO.COM, INC. POLICIES AND SERVICE AGREEMENT
1. DEFINITIONS: Agreement; means all terms and conditions found on this form, any addenda and any additional materials provided by 99Limo.com, Inc. at the time of service. You or Your; means the Passenger, Person, Organization, Company or Corporation identified as the Passenger, Purchaser, Client or Customer and Authorized Passengers or Guests, jointly and severally bound by this Agreement. We, Our, Us, 99Limo.com, Inc., Contractor or Service Provider; means 99Limo.com, Inc. and its sub-contractors, affiliates and/or agents contracted to provide services to customers. Authorized Passenger, Guests or Users; means You and any other person defined as an Authorized Passenger by Customer, onboard of 99Limo.com, Inc. chauffeured vehicle(s) hired by Customer. Vehicle; means the private passenger motor Vehicle identified in this Agreement and any substitute, and all its tires, tolls accessories, equipment, keys and Vehicle documents. Damage; herein referred as, but not limited to the physical harm (intentional or accidental) to 99Limo.com, Inc. Vehicle(s), removal of the Vehicle fixtures or accessories, excessive trash, liquid spills, secretion of bodily fluids and smoking. Loss of Use; means the total number of days and hours that 99Limo.com, Inc. Vehicle is not in service due to Damages by Customer. Loss of Use starts on the date and time of Damages and ends on the date and time when repairs are completed. Such charges are based on daily or hourly rental rates, plus administrative expenses.
2. PAYMENT: Customer hereby agrees to and accepts the following terms and conditions and agrees to pay upon demand, in full and without delay to Service Provider for all amounts due.
3. CHARGES: All fees assessed to Customer for all services rendered, additional hours, incidental charges and any Damages imposed on the Vehicle. Estimated trip charges listed herein are based on preliminary information, total charges may vary based on your final itinerary
4. RESERVATIONS: Required at least 24-hours in advance and are subject to availability, all reservations must be pre-paid in full at time of booking, we accept Visa, Master Card, Discover, American Express and/or Company Checks only. All fees are NON-REFUNDABLE, all bookings are final for the date and time and minimum hours requested and if any part of the trip is unused it has no value after departure time.
5. TRAVEL TIME: When applicable, it begins whenever 99Limo.com, Inc. Vehicle leaves the confines of the Local Service Area (20-mile radius from the downtown area) to reach the pick up location and back. Travel Time is not inclusive of minimum hours, reserved hours and/or transfers. Travel Time does not apply on trips originating and ending within the Local Service Area.
6. LOCAL SERVICE AREA: It comprehends the first 20-mile radius from the downtown area after which Travel Time charges apply at the rate of $2.00 to $3.50 per mile (based on Vehicle type) and up to 10-miles, hourly rates apply thereafter.
7. HOURLY AND CHARTER SERVICES: As-directed services, by the hour. Time begins when 99Limo.com, Inc. Vehicle arrives to pick up location and ends when driver is dismissed. Driver and Vehicle will be on standby, as needed, for the entire duration of the trip, additional charges may apply for, Incidentals and Travel Time.
8. TRANSFER SERVICES: One-way trip, door-to-door, non-stop, up to 20-miles maximum distance. Additional charges may apply for extra stops on shared-rides, Incidentals and Travel Time.
9. EXTRA STOPS: Applicable only on shared-ride Transfers, up to $25.00 per additional stop and maximum of 2-extra stops. Total trip time within the Local Service Area must not exceed 1-hour, hourly charges apply thereafter.
10. INCIDENTALS: Airport parking, tolls, gratuities, meet and greet and fuel surcharges are all inclusive. Additional charges may apply for travel time outside the service-area.
11. PAST DUE PAYMENTS: Refusal to pay for services rendered and/or other charges is considered to be theft and 99Limo.com, Inc. will prosecute to the fullest extent of the law. In the event that such action becomes and is deemed necessary by 99Limo.com, Inc. to enforce payment, the Customer shall be responsible for all collection expenses, finance charges (21% annually) and reasonable attorney fees in addition to the outstanding balance. Payments received on a delinquent account, will be applied first to finance and other charges and then any excess to the discharge of the principle balance. All available Customer information will be used, divulged and shared in effort to collect a debt. Customer hereby agrees and authorizes 99Limo.com, Inc. to debit Customer credit card for any and all unpaid charges.
12. LOST AND FOUND: 99Limo.com, Inc. and its respective affiliates, officers, directors, partners, employees, agents and assigns are not responsible for any lost or stolen property left in our Vehicles or drivers custody. This includes but is not limited to cash, jewelry, antiques, negotiable instruments, keys, computers, phones, personal effects, camera equipment, luggage, etc. Any such items, if found, can be retrieved by Customer at Customer expense, all unclaimed items, if any, will be discarded after 30-days. If 99Limo.com, Inc. is found to be at fault by court ruling for the loss of Customer belongings, due to negligence or willful misconduct, Customer hereby agrees, understands and accepts that 99Limo.com, Inc. maximum limited liability will not exceed $125.00 per occurrence.
13. REPAIRS: Customer or Guests will be charged a reasonable repair/replacement/cleaning cost for any Damages inflicted on the Vehicle and/or any supplies removed from the Vehicle, by the Customer and/or their Guests.
14. VIOLATIONS: Customer understands and agrees to the following as a violation of this Service Agreement and breach of contract: a) Customer possession of illicit drugs onboard 99Limo.com, Inc. Vehicles. b) Customer contributing or providing alcoholic beverages to minors while onboard of 99Limo.com, Inc. Vehicles. c) Customer smoking or eating inside 99Limo.com, Inc. Vehicles. d) Customer carrying firearms and or concealed weapons (except for duly licensed law enforcement agents on duty).
15. TERMINATION: 99Limo.com, Inc. reserves the right to refuse service to anyone and/or terminate services if: a) Chauffeur suspects the Customer is involved in illegal activity or Violation of this Service Agreement. b) Customer is verbally or physically abusive or disrespectful to 99Limo.com, Inc. staff. c) Customer is interfering with the driver performance. d) Customer abuses or vandals the Vehicle accommodations. e) Customer is highly intoxicated, belligerent, or behaves in such manner that represents a safety hazard to self or others. If such said Termination is deemed necessary, the Customer will remain and be held responsible for minimum and/or reserved hours, and does waive remedies by recourse.
16. DELAYS: 99Limo.com, Inc. shall not be held responsible for time delays caused by situations beyond our control and/or dual bookings, mechanical brake-downs, extended service hours from previous trips, inclement weather and/or acts of God.
17. VEHICLE AVAILABILITY: 99Limo.com, Inc. reserves the right to substitute Vehicles of equal or lesser capacity, year, make and model or style in the event of dual bookings, mechanical breakdowns, extended service hours from previous trips, inclement weather and/or acts of God.
18. WAITING TIME: When applicable, if chauffeur must wait for or is delayed by the Customer before or after originally scheduled and contracted services, a Waiting Time fee will be charged based on the hourly rate, on 1-hour increments.
19. CANCELLATIONS AND NO SHOWS: Full charges apply for Cancellations and No-Shows, however, at company discretion and without been required to do so, providing a 24-hour cancellation notice, Customer may be eligible to receive a company credit towards future services, equal to the amount of the total trip charges and subject to availability at current market rates.
20. ACKNOWLEDGMENT: By entering 99Limo.com, Inc. Vehicles, utilizing 99Limo.com, Inc. services, signing this Service Agreement and/or making online, email, fax, phone and/or mail reservations, Customer acknowledges to have read and agreed to the terms and conditions of this Service Agreement and the charges listed under Customer name. Unless otherwise noted, Customer agrees that booking information and charges are accurate and final and if these services are to be charged on Customer credit card, they will be considered to be accurate, legitimate and undisputable. It is Customer responsibility to request and review this Service Agreement. 99Limo.com, Inc. makes no implied guaranties. Customer is aware that he or she is NOT REQUIRED, under any circumstances, to make cash payment to the driver and/or provide credit card information, this in order to avoid possible double charges, in which case, 99Limo.com, Inc. will not be liable.
21. FORCE MAJEURE: Neither Purchaser or Contractor shall be required to perform any term, condition, or covenant in this Agreement so long as performance is delayed or prevented by Force Majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riots, floods, snow or tropical storms, airport shutdowns, road closures and any other cause not reasonably within the control of Purchaser or Contractor and which by the exercise of due diligence Purchaser or Contractor is unable, entirely or in part to prevent or overcome.
22. MISCELLANEOUS: a). In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. b). This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or verbal Agreements between the parties respecting the within subject matter. c). This Agreement may not be changed or modified except by amendment hereto, in writing, signed by the parties. Either party without the prior written consent of the other party may not assign. Upon the granting of such consent, this Agreement shall continue to be binding upon and insure the benefit of the parties hereto and their respective successors and assigns.
23. ONLINE USAGE: 99Limo.com, Inc. and its affiliates hereby disclaim all implied warranties, including the implied warranties of merchantability and fitness for a particular purpose. In no event shall 99Limo.com, Inc. or its affiliates be liable for any indirect, punitive, incidental, special or consequential damages (including claims for lost profits or lost business) arising out of or in any way connected with the use of this website, with the delay or inability to use this website, or for any information, products, reservations, or services obtained or contracted for through this website, or otherwise arising out of the use of this website, whether based on tort, strict liability or otherwise, even if the company or its affiliates have been advised of the possibility of damages. All information contained in this website is subject to change or termination without notice. Some restrictions may apply for certain services, promotions, specials, programs and/or discounts. All services are subject to the rules and regulations listed on 99Limo.com, Inc. Service Agreement. Copy Right 99Limo.com, Inc. 1997, all rights reserved.
24. PROPRIETARY INFORMATION: Customer agrees and understands that all Customer data and personal information is the sole property of 99Limo.com, Inc..
25. CONFIDENTIALITY: 99Limo.com, Inc., at its sole discretion, at anytime or in any manner, either directly or indirectly may use, duplicated, discussed, reviewed (in their entirety or in part), divulge, disclose or communicate Customer information as deemed necessary to other person or business entity, in so far as to the execution and monitoring of services provided to Customer and without the Customer express verbal or written permission and/or prior knowledge. This provision shall continue to be effective indefinitely after the termination of services. The information contained in this document is confidential and privileged information that is for the sole use of the intended parties. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited.
26. APPLICABLE LAW: THE LAW OF THE STATE OF TEXAS, WITHOUT REFERENCE TO ITS CONFLICT OF LAW PROVISIONS, SHALL GOVERN THIS AGREEMENT. ANY ACTIONS BROUGHT TO ENFORCE ANY PROVISIONS OF THIS AGREEMENT SHALL BE BROUGHT IN THE STATE COURTS OF TEXAS AND VENUE LIE IN HARRIS COUNTY
27. INDEMNIFICATIONS: A) Customer shall indemnify, defend and hold Service Provider, and its respective affiliates, officers, directors, partners, employees, agents and assigns (hereinafter globally referred to as Indemnitee-) harmless, from any and all claims, liabilities, demands, losses, damages, expenses, and costs of any nature or kind including attorney fees, assessed against, or incurred by such indemnified parties (the Losses-) arising from or relating to, or alleged to arise from or relate to, in whole or in part, to the services, Vehicles, and drivers provided as part of this Service Agreement, notwithstanding the foregoing, Service Provider shall not be obligated to indemnify Customer, as stated above, against any losses, to the extent the same are finally adjudicated to have been caused by the negligence or willful misconduct of any Indemnitee. B) Customer shall have the right, at its option, to participate at its own expense in the defense of any suits covered by this provision without the relief of any obligations hereunder. C) Customer indemnifies and will defend and protect Service Provider from all losses, claims, expenses and damages arising from or out of the presence or activity of Service Provider Indemnitee.
28. ELECTRONIC AGREEMENT: Herby customer agrees to receive service agreement, disclosures, account Information and other related communications electronically. Additionally, customer acknowledges that by agreeing to receive such information electronically, this constitutes consent to engage on a binding contractual obligation pursuant to the Electronic Signature in Global and National Commerce Act.
29. AUTHORIZATION TO DEBIT CREDIT CARD: Customer hereby unconditionally authorizes 99Limo.com, Inc. to debit Customer credit card account on file, for any and all Charges listed in this Service Agreement under Customer name, plus any additional charges due to: Past Due Balances, Additional Usage and/or Damages, if any. Customer understands that execution of this Authorization constitutes such approval and agrees not to dispute such charges. Customer acknowledges to have read and agree to the terms of 99Limo.com, Inc. Service Agreement and its Cancellation Policy. FOR YOUR PROTECTION: Please review and sign this Service Agreement, then fax it back to 99Limo.com, Inc. along with legible front and back copies of your credit card and drivers license to Fax # 1-832-553-2720.
CANCELATION POLICY:
All reservations must be prepaid in full at time of booking and fees are NON-REFUNDABLE, at company's discretion and providing a 24-hour cancellation notice, passengers may be eligible to receive a company credit towards future services, equal to the amount of the total trip charges and subject to availability at current market rates. Estimated trip charges above are based on preliminary information, total charges may vary based on your final itinerary. Passengers are not required under any circumstances to make cash payment and/or provide credit card information to drivers. Unless otherwise noted, you agree this booking information and charges are accurate and final. By utilizing our services you agree to the terms and conditions contained in our service agreement, availableonline or by request.
WEB SITE USE:
99Limo.com, Inc. and its affiliates hereby disclaim all implied warranties, including the implied warranties of merchantability and fitness for a particular purpose. In no event shall 99Limo.com, Inc. or its affiliates be liable for any indirect, punitive, incidental, special or consequential damages (including claims for lost profits or lost business) arising out of or in any way connected with the use of this website, with the delay or inability to use this website, or for any information, products, reservations, or services obtained or contracted for through this website, or otherwise arising out of the use of this website, whether based on tort, strict liability or otherwise, even if the company or its affiliates have been advised of the possibility of damages. All information contained in this website is subject to change and/or termination without notice. Some restrictions may apply for certain services, promotions, specials, programs and/or discounts. Online Specials are not good in combination with each other or with any other special-discounts or promotions. We reserve the right to amend or terminate such specials/promotions/discounts at any time and without prior notice. Rates and availability are subject to change without notice. All services are subject to the terms listed on 99Limo.com, Inc. |
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