TERMS AND CONDITIONS OF SERVICE
This is a legal agreement LEGAL AGREEMENT between Customer and LimoStarsLimoStars®, Inc., an
Arizona Corporation, including its Parent Company(ies), Subsidiary(ies),
Affiliates, Officers, Employees, Agents, Directors, Suppliers, Successors and
Assigns (hereinafter “LimoStarsLimoStars®”) stating the termsTerms and Conditions of
Service that govern Customer’syour
use of the Services .
This Agreement, together with all updates, additional termsTerms and Conditions of
Service, software licenses, and all of LimoStar’s® rules and policies, collectively constitute
the “Agreement” between Customer and LimoStarsLimoStars®. To agree to these terms, click “Agree.” If you do not agree to these terms, do not
click “Agree” and do not use the Service. You must accept and abide by these
terms as presented to Customer: changes, additions or deletions are not
acceptable.
ACCEPTANCE OF TERMSTERMS AND CONDITIONS OF
SERVICE
In order for Customer
to be able to use the Services, Customer must first agree to these Terms and
Conditions of Service. Customer may not use the Services of LimoStarsLimoStars® if Customer
does not accept the Terms and Conditions of Service. To
agree to these termsTerms and Conditions of
Service, click
“I have read and agree to the Terms and Conditions of Service”
(hereinafter “I agree”) If Customeryou
does not agree to these termsTerms and Conditions of
Service, do
not click “I agree”
and do not use the Service. YouCustomer must accept and abide by
these termsTerms and Conditions of
Service as
presented to Customer: changes, additions or deletions are not acceptable.
Customer
agrees and accepts that a Digital Signature is made and complete upon the
making of a reservation on LimoStars®. LimoStars® captures Customer’s I.P. address
and requires Customer to accept all of the Terms and Conditions of Service by checking the “I agree”
box. This “I agree” box is considered a legally
binding digital signature. A notice during the check out process that
Customer’s credit card will now be charged by pressing this button is an
additional acknowledgement that Customer agrees to the Terms and Conditions of
Service and that this is an additional digital signature. Customer
further agrees and accepts that a digital signature is made and complete upon
the making of a reservation on LimoStars.com or any other form of
communication.
Termination of this Agreement is at the full discretion of
LimoStars®.
Customer may
accept the TermsTerms and Conditions of Service by:
A. Clicking “I agree” to accept or agree
to the Terms and
Conditions of Service set forth in this Agreement, where this option is
made available to youCustomer by LimoStarsLimoStars® in the user
interface for any Services
purchased through LimoStars®; or
B. By actually
using the Services. In this case, youCustomer understands and agrees that LimoStarsLimoStars® will treat yourCustomer’s use of the
Services as an implied acceptance of the Terms and Conditions set forth in this Agreement from
the date the Services were first used.
This “Agreement” shall be
posted prominently on the LimoStars® website(s) (http://www.limostars.com)
and platform (hereinafter “website(s)”) so the Customers who order services through
LimoStars® by phone
shall be able to review the Terms and Conditions of Service set forth in this
Agreement by providing a LimoStars® Agent with any personal and/or financial
data when the Customer is placing a reservation by phone.
Customer may not
use the Services and may not accept the TermsTerms and Conditions of
Service if (a) Customer is not of legal age to enter into a binding
contract with LimoStarsLimoStars®, or (b) Customer is a person
barred from receiving the Services under the laws of the United States or other
Countries, including the Country in which Customer is a resident or from which Customer
uses the Services.
Before Customeryou
continues, youCustomer should print
out or save a local copy of the Terms and Conditions of Service for yourCustomer’s records.
GENERAL LEGAL TERMS AND CONDITIONS OF
SERVICE CLAUSE
Sometimes when Customer uses
the Services, Customer may (as a result of, or through Customer’s use of the
Services) use a service, or use another third party’s software program or
download a piece of software or purchase goods, which may be provided by LimoStars® or another
person or company. Any damages or
viruses or any or all disruptions and/or complications which may result from
the use of Services shall be the sole liability and responsibility of the
CUSTOMER ONLY. LimoStars®
shall not be held liable then for any acts, omissions, or damages resulting
from Customer’s use of Services or the use of tools to use any of LimoStars® Services.
The Terms and Conditions of
Service constitute
the whole Legal Agreement between Customer and
LimoStars® and govern Customer’s use of the Services (but excluding any
services which LimoStars® may provide to Customer under a separate written
agreement), and completely replace any prior agreements between Customer and
LimoStars® in relation to the Services.
Customer agrees that
LimoStars® may provide Customer with notices, including those regarding changes
to the Terms and
Conditions of Service,
by email, regular mail, or postings on the LimoStars® website(s).
Customer agrees that if LimoStars®
does not exercise or enforce any legal right or remedy which is contained in
the Terms and
Conditions of Service
(or which LimoStars® has the benefit of under any applicable law), this will
not be taken to be a formal waiver of LimoStars’® rights and that those rights or remedies will
still be available to LimoStars®.
Customer acknowledges and
agrees that each member of the group of companies of which LimoStars® is the
parent shall be third party beneficiaries to the Terms and Conditions of Service and that such other companies
shall be entitled to directly enforce, and rely upon, any provision of the Terms and Conditions of
Service which
confers a benefit on (or rights in favor of) them. Other than this, no other
person or company shall be third party beneficiaries to the Terms and Conditions of
Service.
If Customer shall fail to live
up to the Terms and
Conditions of Service
of this or any other Agreement with LimoStars®, the latter shall have the
unrestricted option, to defer further services until Customer’s defaults have
been wholly made good, and/or to declare all outstanding bills of the Customer
to be (and thereupon the same shall be and become) due and payable forthwith.
Customer acknowledges that it
has reviewed and accepted the Terms and Conditions of Service, its cancellation
policy and all other Terms and Conditions of Service set forth in this
Agreement.
Modifications made via the
telephone or via other methods of communication to requests or reservations may not be reflected
online.
LIMITATION OF LIABILITY AND
DISCLAIMERS
LimoStars® shall not be
held liable to the customer or to any other third party(ies) as set forth below
in this section of the Terms and Conditions of Service entitled Limitation of
Liability and Disclaimers.
The limitations on LimoStars’® liability to Customer shall
apply whether or not LimoStars® has been advised of or should have been aware
of the possibility of any such losses arising.
General
Disclaimers:
LimoStars® shall not be held
liable for any direct,
indirect, incidental, special, consequential, exemplary damages or any damages whatsoever which may be incurred however
caused and under any theory of liability. This shall include, but not be
limited to, any loss of profit (whether incurred directly or indirectly), any
loss of goodwill or business reputation, any loss of data suffered, cost of
procurement of substitute goods or services, or any other intangible loss.
LimoStars® has no liability and will make no
refund in the event of any delay, cancellation, overbooking, strike, force
majeure or other causes beyond their direct control. In all cases, LimoStars®
has no
responsibility for any additional expenses, omissions, delays, re-routing, or
acts of any governmental authority.
LimoStars® and
Transportation Service Provider reserve the right to refuse service to anyone.
Technology
Disclaimers
The information, software,
products, and services published on the LimoStars® platform or website(s) may include inaccuracies or
typographical errors. In particular, LimoStars® does not guarantee the accuracy
of, and disclaim liability for inaccuracies relating to the information and
description of the ground transportation services, and other products displayed
on the website(s)
or platform (including,
without limitation, photographs, list of amenities, general product
descriptions, etc.), much of which information has been gathered from the
respective suppliers but not verified by LimoStars®. Changes are periodically
added to the information herein. LimoStars® may make improvements and/or changes on the website(s) or platforms at any time without
notification.
LimoStars® makes no representations about the
suitability of the information, software, products, and services contained on
the website(s) for any purpose, and the
inclusion or offering for sale of any products or services on this website(s) does not constitute an
endorsement or recommendation of such products or services by LimoStars®. All
such information, software, products, and services are provided "as
is" without warranty of any kind. LimoStars® hereby disclaims all warranties, guarantees
and conditions with regard to this information, software, products, and
services, including all implied warranties, guarantees and conditions of
merchantability, fitness for a particular purpose, title, and non-infringement.
In no event shall LimoStars®
be liable for any direct,
indirect, punitive, incidental, special, or consequential damages arising out
of, or in any way connected with, the use of the LimoStars’® website(s) or with the delay or inability to use the LimoStars’® website(s), or for any information,
software, products, and services obtained through this website(s), or otherwise arising out of
the use of this website(s), whether based on contract, tort, strict liability,
or otherwise, even if LimoStars® has been advised of the possibility of any and
all damages.
LimoStars® does not promise
that the website(s) will be error-free or
uninterrupted, or that it will provide specific results from use of the website(s) or any content, search, or
link on it. The website(s) and its content are delivered
on an "as-is" and "as-available" basis. LimoStars® cannot
ensure that files which are downloaded from the website(s) will be free of viruses or
contamination or destructive features. LimoStars® disclaims all warranties,
express or implied, including any implied warranties of merchantability and
fitness for a particular purpose. LimoStars® will not be liable for any damages
of any kind arising from the use of this website(s), including, without limitation, direct, indirect,
incidental, and punitive and consequential or special damages.
LimoStars® disclaims any and
all liability for the acts, omissions, and conduct of any third-party users,
LimoStars® users, advertisers, and/or sponsors on the website(s), in connection with the
website(s), or otherwise
related to use of the website(s). LimoStars® is not responsible for the products,
services, actions, or failure to act of any third party in connection with or
referenced on the website(s). Without limiting the foregoing, Customer may
report the misconduct of users and/or third-party advertisers or service and/or
product providers referenced on or included in the website(s) to LimoStars®. LimoStars® may
investigate the claim and take appropriate action, at its sole discretion.
In addition, LimoStars® shall not
held liable for the deletion of, corruption of, or failure to store, any
content and other communications data maintained or transmitted by or through
Customer’s use of the Services, or for the Customer’s failure to provide LimoStars® with accurate
account information or for the Customer’s failure to keep Customer’s password
or account details secure and confidential.
Customer communicates with
LimoStars® electronically whenever Customer visits LimoStars®.com or sends
emails to LimoStars®. Customer consents to receive communications from
LimoStars® electronically, by fax, by phone or in any and all forms of
communication. Customer
agrees that all notices, disclosures, agreements and other communications
provided to Customer electronically or by fax satisfies any legal requirements
that communications be in writing.
LimoStars® shall not be
held liable for any
reliance placed by Customer on the completeness, accuracy or existence of any
advertising, or as a result of any relationship or transaction between Customer
and any advertiser or sponsor whose advertising appears on any LimoStars® platform,
and/or device or through any Agent or employee.
TSP Disclaimers
Further, LimoStars® accepts no
responsibilities for any damages due to Transportation Service Provider’s
cancellations, shortages, sickness, pilferage, labor disputes, machinery
breakdown, quarantine, government restraints, weather, traffic or any other
causes beyond LimoStars’® control. No responsibility is
accepted for any additional expenses, omissions, delays, re-routing or acts of
any governmental authority or acts of God. LimoStars® shall not be responsible for any Transportation
Service Provider's breach
of any contract, Agreement or warranty including, but not limited to, implied
warranties of fitness for a particular purpose or of merchantability; nor shall
LimoStars® be responsible for any and all wrongdoing(s) of a Transportation
Service Provider (including, but not limited to, any liability in tort), as to
any products and/or services available through the LimoStars® website(s). LimoStars® shall not be
responsible for any Transportation Service Provider’s failure to comply with
these Terms and Conditions of Service, nor for any Transportation Service
Provider's failure to comply with applicable federal, state and local laws including, without
limitation, laws governing the sale, warranty and return of perishables.
The Transportation
Service Providers
providing travel or other services for the Customer are independent contractors
and not agents or employees of LimoStars®. LimoStars® is not liable for the acts, errors, omissions,
representations, warranties, breaches or negligence of any such Transportation
Service Providers, their agents, their employees, or their independent
contractors, suppliers or any other
third party agents for
any personal injuries, death, property or any other damages whatsoever and
with no limitation, or
expenses whatsoever and with no limitation, resulting therefrom. LimoStars® has no liability and will make no
refund in the event of any delay, cancellation, overbooking, strike, force
majeure or other causes beyond its direct control, and LimoStars® has no responsibility for any
additional expenses, omissions, delays, re-routing or acts of any governmental
authority. TSP agrees that under no circumstance in any way shape or form that they will solicit LimoStars customers. This includes the handing out of business cards, contacting customers, or making contracts with limostars customers. LimoStars will hold TSP, its officers, agents, servants, employees, affiliates, parent or subsidiary corporations, attorneys, and all those in privity or acting in concert with it, personally responsible for all damages of the value of a lost customers, account(s), advertising, expenses, travel, attorney(s) fees, court costs and any other costs associated with this breach. TSP agrees and understands that LimoStars makes significant investment in time, money and effort to procure customers and that a breach of this disparagement clause will cause irreparable harm to limostars in which it will be entitled to full restitution of all damages and claims including future profits for a period of fifteen years plus interest. TSP also agrees to take a no contest position should there be evidence that a breach has occurred and additionally agrees to put up all personal and business assets as collateral should a breach be proven in court. TSP also agrees to immediately notify limostars of any breach of this contract by any entity including its officers, agents, servants, employees, non employees, affiliates, parent or subsidiary corporations, attorneys, and all those in privity or acting in concert. LimoStars®
shall also not be held liable for any changes which LimoStars® may make to the Services,
or for any permanent or temporary cessation in the provision of the Services
(or any features within the Services).
Travel
Destination Disclaimers
Although most travel,
including travel to international destinations, is completed without incident,
travel to certain destinations may involve greater risk than others. LimoStars®
urges passenger(s)
to review travel prohibitions, warnings, announcements and advisories issued by
the United States Government prior to booking travel to international
destinations. Information on conditions in various countries and the level of
risk associated with travel to particular international destinations can be
found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov,
www.treas.gov/ofac and www.customs.gov.
BY OFFERING SERVICES IN
PARTICULAR INTERNATIONAL DESTINATIONS, LIMOSTARS® DOES NOT REPRESENT OR WARRANT
THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR
DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Event
Service Disclaimers
Customer’s participation as a passenger(s) in any motor vehicles for any
event both public and private is at Customer’s sole and exclusive risk. The
Transportation Service Provider may refuse service for any reason at any time,
or ask Customer to vacate the vehicle and CEASE an event at any time for any
reason. By using LimoStars®, Customer agrees and understands that in connection
with Customer’s participation in any event or activity, Customer may be exposed
to a variety of hazards and risks, foreseen or unforeseen, which may or may not
be inherent in those activities and events. These inherent risks include; but
are not limited to, the dangers of serious personal injury, property damage,
and death (injuries and damages) from exposure to the hazards of public or
private outings and activities. LimoStars® has not tried to contradict or
minimize Customer’s understanding of these risks. By using LimoStars®, Customer
agrees and understands that injuries and damages may occur by natural causes or
by the acts of other persons or third parties, either as a result of negligence
or because of other reasons. Customer is personally responsible for all costs
and/or risks associated with any public or private event or activity.
Proper
Use of Vehicle
The Customer is responsible in
every regard to this agreement/reservation and assumes full financial
responsibility for any damages to the vehicle or property caused by the
Customer or by the Customer’s
guest(s) whether by
accident, neglect, or intent.
The Customer hereby agrees
that the Customer and their guest(s) will act in accordance with the rules and policies
of the Transportation Service Provider as set forth by the Transportation
Service Provider and agrees that LimoStars® and the Transportation Service
Provider are not responsible in the event that the Customer and their guest(s) disobey or engage in any of
the following acts, be they illegal or otherwise. Further, the Customer
realizes that the offenses laid out below may constitute behaviors that are
considered to be in violation of the safe operation of the vehicle. Therefore, LimoStars®, the Transportation Service
Provider, or their driver/chauffeur may terminate the reservation at any point
without refund because of said violations.
Customer
acknowledges that all vehicles are ALCOHOL AND DRUG FREE, NON-SMOKING AND NO
FOOD IS ALLOWED AT ANY TIME. No Customer that exceeds the statutory legal limit
of intoxication and/or illegal or irresponsible drug use shall be allowed to
ride in the vehicle. If the
driver/chauffeur has reasonable cause to believe that any Customer and/’or
their guest(s) are
above the legal limit of intoxication or has engaged in illegal and/or
irresponsible drug use,
then driver/chauffeur has the right to refuse service. Customer and guest(s) waive their rights to any legal
remedy based on any and all occurrences resulting from any and all Customers’
and guest(s)’
intoxication and/or illegal or irresponsible drug use. Failure to comply with
these Terms and Conditions of Service represents a full and
material breach of this contract and allows LimoStars® to collect
punitive, special and any and all
damages for this breach.
No body parts, such as
arms/legs/hands/feet/heads, or any other body parts are allowed through the
sunroof/windows/doors of vehicle at any time. This includes no standing through
sunroof/windows at any time.
No feet and/or standing
allowed on seats/bars/walls/ceiling in the ordinary course of use and operation
shall be allowed.
No unruly
behavior/horseplay/fighting shall be allowed.
Any behavior that would cause
the unsafe operation of vehicle not specified above is also not allowed, at the
sole discretion of the Transportation Service Provider and their
driver/chauffeur.
No loading of vehicle beyond
seating capacity is allowed at any time.
The throwing of any objects
out of the vehicle at any time for any reason is strictly prohibited. Customer assumes full financial
responsibility for any damages incurred by a third party for any reason within
the Terms and
Conditions of Service
of this contract.
No weapons without prior
written approval due to special circumstance or authority shall be allowed.
Any and all fines incurred
because of illegal actions or possessions by the Customer or their guest(s) or any person in the vehicle
is the sole responsibility of the Customer and/or the guest(s)/passenger(s). LimoStars® assumes no
responsibility for any illegal acts of the Customer, passenger(s) or driver(s) occupying said
vehicle at any time, for any reason whatsoever.
Due to the danger imposed by exiting the vehicle on the street side (i.e., the
side that traffic is flowing), the Customer and guest(s) hereby agree that they will
not exit the vehicle on the street side whatsoever. It is the responsibility of
the Transportation Service Provider to inform the Customer and their guest(s) of this practice. Failure to
comply with these standard procedures may result in personal injury or death.
The Customer hereby assumes all responsibility for the safety of the Customer
and/or guest(s) as
represented by the Customer. No
warnings of any danger will ever be given to the Customer by the driver or
Transportation Service Provider.
The transporting of pets may
be allowed based on the regulations of the Transportation Service Provider. It
is at the sole discretion of the Transportation Service Provider whether or not
to allow pets in the vehicle at any time. It is the responsibility of the
Customer to check with the Transportation Service Provider on the pet policy in
place by calling the Transportation Service Provider in advance of reservation.
The addition of pets to the reservation may incur extra fees, at the sole
discretion of the Transportation Service Provider. Carrying of pets require the
use of pet carriers. The Transportation Service Provider may refuse service if
there are unauthorized pets brought with the Customer at the scheduled pick-up
time of the reservation. In that event, there will be no refund of any kind. It
is highly recommended that the Customer check with the Transportation Service
Provider before bringing pets of any kind.
Baggage and
Personal Property Disclaimers
LimoStars® assumes no
responsibility for lost or damaged baggage, personal belongings, or any items
left in the vehicle.
SERVICE PROBLEMS/FAILURES
A Customer No Show is defined
when a customer fails to be at the pre-designated pick-up location at the
pre-designated time for all services reserved.
A FULL CHARGE equal to cost of
the service reserved will be applied and may include any applicable Wait Time
and Add-On expenses.
LimoStars® is not responsible
for the costs of missed flights, hotels, missed meetings, loss of business,
etc., or any costs associated with the Transportation Service Provider’s
failure to perform the service(s).
VIOLATION OF TERMS AND CONDITIONS OF
SERVICE
Customer by
clicking the “I agree” box has agreed to the Terms and Conditions of Service as
outlined in this Agreement and, in the event Customer violates any terms set
forth in this Agreement, LimoStars®
shall have the right to use any and all remedies provided by law or otherwise. Customer agrees that monetary
damages may not provide a sufficient remedy to LimoStars® for violations of
these Terms and
Conditions of Service
and Customer consents to injunctive or other equitable relief for such
violations.
Customer understands and
agrees that in LimoStars’® sole discretion, and without prior notice,
LimoStars® may terminate Customer’s access to the website(s), cancel Customer’s
reservation orders or any and all of LimoStars® services or exercise any other
remedy available and remove any unauthorized User and any Content, if
LimoStars® believes that Customer’s conduct, or the User Content Customer
provides, violates or is inconsistent with these Terms and Conditions of Service, or violates the law or the
rights of LimoStars®, a Customer of LimoStars®, or another user of the LimoStars®
website(s). LimoStars® is
not required to provide any refund or other compensation to Customer if Customer is
terminated as a User because Customer has violated these Terms and Conditions of
Service or any of LimoStars’® rights
LEGAL JURISDICTION AND GOVERNING LAW
The Terms and Conditions of
Service, and
Customer’s relationship with LimoStars® under the Terms and Conditions of
Service, shall be
governed by the laws of the State of Arizona without regard to its conflict of
law’s provisions. Customer and LimoStars® agree to submit to the exclusive
jurisdiction of the courts located within the County of Maricopa, Arizona to
resolve any legal matter arising from the Terms and Conditions of Service. Notwithstanding this,
Customer agrees that LimoStars® shall still be allowed to apply for injunctive
remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Should LimoStars® be required
under the law to testify or be subpoenaed to a jurisdiction outside of Maricopa
County Arizona, Customer agrees to pay all costs and expenses incurred by
LimoStars® for the duration of subpoena or court hearings.
INDEMNIFICATION
Customer agrees to indemnify
and hold LimoStars® harmless
from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of Customer’s use of the LimoStars® Service,
the infringement by Customer (or other user of the Service using Customer’s
account) of any intellectual property or other right of any person or entity or
violation of any federal, state or local law or regulation.
Notwithstanding anything to
the contrary herein, to the fullest extent allowed by law, Customer agrees to
waive and discharge all claims, release LimoStars® from all liability and
indemnify and hold harmless LimoStars® from any and all liability on account of, or in any
way resulting from injuries and damages in any way connected with any events or
activities. Customer agrees, understands and intends that this assumption of
risk and release is binding upon Customer and Customer’s heirs, executors,
agents, administrators and assigns, and includes any minors, guest(s), or third parties
accompanying user.
By accepting these Terms and
Conditions of Service, Customer agrees that all of the information contained
herein is correct, and agrees to hold harmless LimoStars®.
The Customer by marking
“I agree,” accepting and
utilizing the reservation(s) recognizes that LimoStars® is in no way
responsible for any
actions of any Transportation Service Provider hired by the Customer, and
expressly understands and agrees that the exclusive remedy for any claims
relating to services or products provided by the Transportation Service
Provider (including, but not limited to, negligence or failure to deliver on
the Terms and
Conditions of Service
of any contract between the Transportation Service Provider and the Customer)
is against the Transportation Service Provider and not against LimoStars®.
LimoStars® shall not be liable
for any and all losses,
damages, or other claims with respect to any services or products provided to
Customer by the Transportation Service Provider.
PRICING, FEES, AND BILLING
PROCEDURES
Services are billed to the
Customer's credit card or assigned business account numbers.
LimoStars® accepts the
following cards: American Express, Diners Club, Discover Card, MasterCard and
Visa.
Any additional gratuity paid
to the chauffeur is at the Customer's discretion and will be in addition to the
standard fee.
At the time of
checkout, when the service/event type has been selected, if there is a change
as to the actual service/event, then Customer agrees to pay the full amount of the correct
service/event type
booked on the website(s). Any
misrepresentation of the service/event type is deemed a full and material breach of
contract by Customer.
The minimum hourly
charge and/or the
actual usage amount over the minimum hourly charge, plus a minimum administrative fee of Six
Hundred Dollars ($600.00) per occurrence shall be paid. All charges and fees or damages are payable upon demand by
LimoStars® and will incur interest at the maximum allowable rate in the State
of Arizona or 1.5% per month, whichever is greater.
All published service rates
and the minimum hourly charges are subject to change without notice.
Current service rates are
confirmed at the time a reservation is made both by online and all offline
methods.
Any fees paid or due to LimoStars® at the end of the
charter or transfer are
non-refundable and are payable upon demand.
All unpaid balances incur interest at the maximum allowable rate in the
State of Arizona or 1.5% per month, whichever is greater.
Any breach of these Terms and
Conditions of Service will cause to accrue any costs associated with the
enforcement of these Terms and Conditions of Service.
RESERVATIONS/SERVICE TYPES
The Customer acknowledges and
understands that by proceeding with the checkout process and/or by placing any
reservation both online and offline, there will be monies processed on the
credit card provided to LimoStars®. The Customer understands that the full
amount on the reservation will be charged, and that this will not be refunded
for any reason, unless as otherwise explained elsewhere in these Terms and
Conditions of Service.
The Customer understands that
Customer is hiring privately owned Transportation Service Providers in order to
fulfill Customer’s reservation(s.) By placing a reservation through LimoStars’® website(s)s or other methods of
communications, Customer acknowledges, accepts, and gives full authority to
LimoStars®, to fulfill the Customer’s request. Further, Customer acknowledges
that reservations are on a first-come, first-serve basis. Customer and
Transportation Service Provider will not hold LimoStars® liable for any and all
situations, whether normal or abnormal, outside the control of LimoStars®. All
reservations that are unable to be fulfilled due to commercial viability will
be fully refunded to Customer within sixty (60) business days after the checkout date.
By making a reservation with
LimoStars®, Customer acknowledges that the full monies for the Service fee will
be immediately applied to Customer’s credit card. The total bill for the initial reservation may be charged by the
Transportation Service Provider. Customer’s initial reservation charges are
estimates only calculated based on Customer’s reservation request. Any additional fees, damages, charges or
overages not paid and due at the completion of the services will be charged and
applied to the Customer’s credit card as an additional and/or separate
charge(s) by the Transportation Service Provider. Customer
hereby authorizes LimoStars® and Transportation Service Provider to apply these
charges to Customer’s credit card as an additional and/or separate charge.
Current hourly service rates
for all services types are confirmed by the Customer at the time a reservation
is made at checkout and do not include the Transportation Service Provider’s
full travel time charges to and from their garage to the reservation pick-up
location or back to the Transportation Service Provider’s garage upon
completion of the reservation. Customer
authorizes and guarantees full payment for any additional travel time, mileage,
flat charges, and miscellaneous charges not calculated by the LimoStars’® reservation system at the
time of reservation and checkout.
Customer hereby waives all legal rights and protections afforded under
the Fair Credit and Billing Act and hereby agrees and guarantees a no contest position
against LimoStars®
and will at no time ask for a refund, file a chargeback or seek any other
financial restitution.
Customer hereby authorizes Customer’s credit card as a guarantee for full payment to
LimoStars® and to be submitted to the Transportation Service Provider for
services rendered and, in doing so, guarantees full financial
responsibility between the Customer and LimoStars®. Transportation Service
Provider and the Customer waive all rights to any and all chargebacks for any
reason whatsoever. Customer also agrees if a chargeback occurs,
Customer will be in full and material breach of the Agreement and Customer will be held
responsible for any and all costs and fees associated with the chargebacks,
including any and all damages, accounting and administrative fees, legal
fees, collection fees and any and all other expenditures made by LimoStars® in
conjunction with the chargeback proceeding. Customer
assumes full responsibility
for any transactions, reservations or commitments made with Customer’s lost
or stolen credit card.
An online request may be
confirmed as a reservation, but ultimately denied due to availability and/or
commercial viability (as determined by LimoStars® and/or the Transportation
Service Provider). Some examples of circumstances
for a denied reservation may include, but are not limited to, any and all data,
whether valid or invalid, credit card
numbers, incomplete pickup information, addresses both map-able and not
map-able and/or unserviceable or illegal requests.
It is the Customer's
responsibility to verify that Customer’s request has been confirmed or denied
directly with the Transportation Service Provider.
Customer agrees that the
Transportation Service Provider reserves the right to substitute or upgrade a
vehicle, as situations require. Vehicle’s make, model, year, styles, colors and
vehicle year are not guaranteed. All
reservations are subject to vehicle availability and/or commercial viability.
Customer must contact the Transportation Service Provider if any of the information
contained in Customer’s reservation confirmation is incorrect. Failure to do so
may result in a service failure in which LimoStars® and the Transportation
Service Provider cannot be held liable in any way, shape or form. It is
entirely Customer’s responsibility to correct any errors or omissions in the
reservation. All information contained in Customer’s reservation and
confirmation is assumed to be accurate.
“As
Directed” ground transportation is defined as ground
transportation service as directed by the Customer. With this type of service,
there are either limited or no pre-determined transport locations, other than
the initial pre-designated pick-up location.
All service types will be deemed an “As Directed Service Type” once the
Customer deviates from the scheduled itinerary. The Customer is responsible to direct the chauffeur to his/her
desired transport destinations.
Customer is fully responsible for supplying driving maps, including
turn-by-turn for driving directions to all desired locations. Driver is not responsible for his/her
inability to find any specific location whether the location is map-able or
unmap-able. If the type of service is “as directed,” then LimoStars® will not be
held liable for any claim by the Customer that the driver incurred more fees
and/or expenses, or that the quality of service was compromised or that the
standard of service had not been achieved.
Customer shall be liable, without restriction, for any additional time
and charges related to an “as directed” service type.
All Customers and passenger(s) must be available to receive
phone calls from the Transportation Service Provider up to two hours before the
scheduled pick-up date
and time to assist with directions or other needs.
All Customers and their passenger(s) are responsible to know where
vehicles are to be parked
for concerts, large venues and all other service types and events and must
arrange pick-up plans prior to the initial drop-off at the venue. Common sense should be used when exchanging
cell phone numbers with the driver or Transportation Service Provider. It is the Customer’s and passenger(s) full responsibility to
protect their own security and privacy.
Customer must allow sufficient
time for driver/Transportation Service Provider to circle the block(s) due to
traffic, police activity, etc.
LimoStars® and the
Transportation Service Provider are not responsible for mobile phone dead
spots, lack of cell phone coverage, and/or the failure of the driver,
Transportation Service Provider or LimoStars® to answer phones in a timely
manner. LimoStars® and the
Transportation Service Provider are not responsible for any inability to
communicate with the driver, Transportation Service Provider, Customer or LimoStars®.
LimoStars’® reservation system will
supply Transportation Service Provider’s airport pick-up instructions on the
Customer’s itinerary when possible.
Should the Customer not have their itinerary with these instructions or
fails to locate the chauffer, it is the Customer’s full responsibility to call
the Transportation Service Provider for specific Airport pick-up instructions.
Customer agrees to allow sufficient time for chauffeur to park vehicle, ride in
a shuttle to or from a parking lot, walk to a changed terminal, arrive to the
airport for early or late flights, to follow instructions given by the
airport’s Transportation Security Authority, Local, State or any Federal
Authorities instructions, directives or any other authority while greeting passenger(s)
at an airport.
Failure to follow the Terms
and Conditions of Service for airport pick-up or if passenger(s) abandons the Transportation
Service Provider or the reservation and leaves the airport without notifying
Transportation Service Provider, Customer will incur additional charges for
wait time, parking and any other charges or fees associated with the
reservation(s).
Some services are charged
garage-to-garage. Garage-to-garage is defined as service commences from the
time the vehicle leaves its facility or garage and the services ends when the
vehicle returns to its facility or garage. All charges are based on the individual
Transportation Service Provider’s fee structure. All initial reservation minimums and charges are posted
both online and/or given verbally at the time of the reservation.
Prices are determined by
mathematical formulas as data is input into the system by the Customer. At no time will LimoStars® release or
disclose these formulas because of the proprietary nature and commercial secret
and know-how.
Fractions of an hour are
rounded to next hour and will reflect an increase in charges and an additional
charge on the credit card.
Upon completion of Customer’s
reservation, or at the point of checkout, a Confirmation screen with the
Customer’s trip details will be displayed, and an HTML email will be sent as a
courtesy confirmation of the Customer’s transaction. It is the Customer’s
responsibility to check the details and accuracy of the reservation. If the Customer finds inaccuracies to the
reservation, it is the Customer’s responsibility to call the Transportation
Service Provider to correct any errors or omissions. Customer should print out
the confirmation page before closing the browser as LimoStars® cannot guarantee
delivery of Customer’s HTML email receipt.
Phone order confirmations may
be sent via email. It is the Customer’s responsibility to check
the accuracy of the order which is manually input by a LimoStars’® agent or reservationist. LimoStars® is not responsible for any
clerical errors, omissions or any inaccuracies under any circumstances for any
reason whatsoever.
All orders made offline,
including but not limited to; phone, email, fax, US mail, or third party
delivery service may
have a Twenty Five Dollar ($25.00) reservation fee added to each reservation
made offline. This additional fee is at the sole discretion of LimoStars®.
All confirmations given and sent to the Customer by LimoStars’® reservation staff is
considered complete and accurate. It is
the Customer’s responsibility to check all reservations for accuracy,
omissions, and clerical errors and correct these inaccuracies with the
LimoStars® staff. All sales are final
on all reservations or reservation requests.
Charges are calculated based on information Customer provides and ARE ESTIMATES ONLY! Customer’s actual
charges could be more depending on actual hourly rental time, distance
traveled, extra waiting time, additional requested amenities, special
assistance and/or additional services, repairs for damage, cleaning of the
vehicle, tolls, parking and any miscellaneous costs associated with each
reservation.
All reservations are subject to vehicle and Transportation Service Provider
availability. LimoStars® does not guarantee that LimoStars® will inform the
Customer as to the Transportation Service Provider’s vehicles, and/or
driver(s)/chauffeur(s) availability for the reservation. It is the sole
responsibility of the Customer to ensure that a vehicle and/or
driver(s)/chauffeur(s) are available for the reservation. Customer is encouraged
to call the Transportation Service Provider concerning availability and vehicle
status.
If Customer cannot locate the driver, Customer must contact the Transportation
Service Provider. Failure to do so will result in an additional wait time and
full fare will be charged.
If Customer experiences any delays, Customer must immediately call the
Transportation Service Provider to ensure car is not released from the
reservation.
LimoStars® will provide the Customer with certain information about the Transportation
Service Provider(s) at the Customer’s request to allow the Customer to perform
due diligence on the Transportation Service Provider.
The Transportation Service Providers are not employees or agents of LimoStars®,
and are not entitled to act on behalf of LimoStars® other than fulfilling
Customer’s reservation request.
OVERTIME/EXTRAS/ADD-ON
EXPENSES
The following overtime,
extras and add-on expenses are charged directly by the Transportation Service
Provider and shall include,
but are not limited to, items that fall under Overtime, Extras and Add-On
Expenses:
Customer assumes
responsibility for any overtime fees and authorizes credit card charges to be
made to cover these costs or any others due and not collected at the end or
completion of services.
Customer shall pay for any
clean-up charges outside of normal usage.
Customer shall pay for any
damages to vehicle whether by neglect or intent and assumes all financial
responsibilities for these charges.
Airport fees, tolls, bridges,
parking, car seats, and miscellaneous charges will be considered additional
fees and will be charged in full at the completion of the charter, transfer or
service.
Additional charges
("Add-On" costs) as incurred will be itemized and reflected on the
Customer's billing statement when applicable.
Certain services may require an additional fee for meals and/or overnight
accommodations for the chauffeur/driver.
LimoStars® does not guarantee
that tours, packages or ground transportation services of any type will
actually occur. LimoStars® is not responsible for service failures of any kind and Customer
assumes full financial responsibility to pay any and all additional charges.
City tours, hot deals/packages
and any other service type may list or mention a visit to a third party
attraction. It is the Customer’s responsibility to pay all entrance fees or
additional costs associated with these attractions. These fees are not included
in any service type, package or listing on LimoStars®. It is the
Customer’s responsibility to verify third party attraction’s hours of
operation.
Damage to vehicles by the
Customer or their guest(s) whether by neglect or intent must be paid in full
upon the end of the reservation charter or upon demand. Customer agrees and
authorizes LimoStars® or the Transportation Service Provider to charge to the
Customer’s credit card for vehicle damages without prior notice of the damage
charge. Customer also agrees and approves that multiple additional charges to
their credit card may occur if additional damage is discovered.
SERVICE FEES
A Service fee of
$5.95 will be
charged at the time the reservation is made, hereafter referred to as the checkout process. The Service fee is subject to
change at any time without any notice. subject to
change at any time. FeThe Service feee is non -refundable for any reason whatsoever. Customer hereby
authorizes LimoStarsLimoStars® to forward or
provide credit card data, any personal information and any other data provided or known to LimoStars® provided by the Customer to LimoStars® to
Transportation
Service Provideraffiliate. LimoStarsLimoStars® will take
reasonable measures to keepensure
the data is ssecure, but LimoStars® does not provide any guarantees or imply anwarranties, whether express or
implied.y guarantee. LimoStars® does not conduct any
investigation, due diligence and/or vetting of any and all Transportation Service Providers. Client assumes full responsibility. LimoStarsLimoStars® assumes no
responsibility for the Transportation Service Provider’s
security of the credit card data, personal data or any other data provided or known to LimoStars®. .
BILLING INFORMATION
VERIFICATION
Orders are processed only
after a billing address and other billing information has been verified.
Occasionally, we receive incorrect billing or credit card account information
for a reservation order that can delay processing. In these cases, LimoStars’® customer service will attempt
to contact Customer, using the information provided at the time of purchase. If
LimoStars® is unable to reach Customer, LimoStars® may cancel Customer’s
order. Customer authorizes any employee or
agent of LimoStars® and or Transportation Service Provider to contact them for
any reason at any time of day or night.
TRAVEL BOOKINGS
Customer agrees to be financially
responsible for all of the travel products booked through Customer’s account
with LimoStars®. In addition, Customer warrants that all information supplied
by Customer or anyone using Customer’s account with LimoStars® in connection
with the booking of travel products is true and accurate. Without limitation, any speculative, false, or fraudulent
reservation, or any reservation made in anticipation of demand is prohibited.
Customer agrees to only make legitimate travel services bookings for Customer
or for another person for whom Customer is legally authorized to act.
PAYMENT PROCESSING
Full payment is due
immediately for bookings made on the LimoStars® website(s), telephone, email, fax and
any other form of communication. ALL SALES ARE FINAL.
Payment may be made by
American Express, Discover Card, MasterCard, or Visa credit card.
All prices and amounts shown
on the LimoStars® website(s) are in U.S. Dollars (USD), unless otherwise noted.
If a Customer submits a LimoStars® Request for Services, the Customer agrees
that all taxes, charges, surcharges, shipping/handling or a request for
resubmission or other fees will automatically be charged to the credit card
submitted by the Customer. Such amounts will be posted to Customer’s credit
card. Customer agrees that its credit
card will be charged for the estimated cost of the reservation upon submitting the booking
request both online and offline.
All deposits or amounts made
by credit card, cash, check, bank transfer, or wire cannot be disputed, as Customer
is making a reservation which implies the acceptance and knowledge of our
cancellation policies and Terms and Conditions of Service.
Every passenger(s) needs a valid photo ID (such
as a driver's
license or passport). Name on photo ID must match the passenger(s) name on Customer’s
reservation.
As Customer will not receive a
paper ticket, we suggest Customer prints their confirmation to take along with
them on their trip.
If Customer does not receive a
confirmation number (in the form of a confirmation page or email) after
submitting payment information, or if Customer experiences an error message or
service interruption after submitting payment information, it is Customer’s
responsibility to confirm with LimoStars® Customer Service Department whether
or not Customer’s order has been placed. Only the Customer may be aware of any
problems that may occur during the purchase process. LimoStars® will not be
responsible for losses (monetary or otherwise) if Customer assumes that an
order was not placed because Customer failed to receive confirmation or vice
versa.
CVIOLATION
OF TERMS
Customer
understands and agrees that in LimoStars' sole
discretion, and without prior notice, LimoStars® may
terminate Customer’s access to the Site, cancel Customer’s reservation orders
or any and all LimoStars services or exercise any
other remedy available and remove any unauthorized User and any Content, if LimoStars believes
that Customer’s conduct, or the User Content Customer provides, violates or is
inconsistent with these Terms, or violates the law or the rights of LimoStars, a Customer
of LimoStars, an affiliate or partner of LimoStars or another
user of the Site. Customer agrees that monetary damages may not provide a
sufficient remedy to LimoStars for violations of these Terms
and Customer consents to injunctive or other equitable relief for such
violations. LimoStars is not required to provide
any refund to Customer if Customer is terminated as a User because Customer has
violated these Terms or any of LimoStars’ rights.
GENERAL
LEGAL TERMS CLAUSE
Sometimes when Customer uses the Services, Customer
may (as a result of, or through Customer’s use of the Services) use a service
or download a piece of software, or purchase goods, which are provided by
another person or company. Customer’s use of these other services, software or
goods may be subject to separate terms between Customer and the company or
person concerned. If so, the Terms do not affect Customer’s legal relationship
with these other companies or individuals.
The Terms constitute the whole legal agreement
between Customer and LimoStars and govern Customer’s use of
the Services (but excluding any services which LimoStars may provide
to Customer under a separate written agreement), and completely replace any prior
agreements between Customer and LimoStars in relation
to the Services.
Customer
agrees to allow LimoStars to transfer any personal or
identifiable information to any third parties, for any reason whatsoever. LimoStars may use any
and all methods of communications for these purposes.
Customer
agrees that LimoStars may provide Customer with
notices, including those regarding changes to the Terms, by email, regular
mail, or postings on the Services.
Customer
agrees that if LimoStars does not exercise or enforce
any legal right or remedy which is contained in the Terms (or which LimoStars has the
benefit of under any applicable law), this will not be taken to be a formal
waiver of LimoStars’ rights and that those rights
or remedies will still be available to LimoStars.
If any court
of law, having the jurisdiction to decide on this matter, rules that any
provision of these Terms is invalid, then that provision will be removed from
the Terms without affecting the rest of the Terms. The remaining provisions of
the Terms will continue to be valid and enforceable.
Customer
acknowledges and agrees that each member of the group of companies of which LimoStars is the
parent shall be third party beneficiaries to the Terms and that such other
companies shall be entitled to directly enforce, and rely upon, any provision
of the Terms which confers a benefit on (or rights in favor of) them. Other
than this, no other person or company shall be third party beneficiaries to the
Terms.
If customer
shall fail to live up to the terms of this or any other contract with LimoStars, the latter
shall have the unrestricted option, to defer further services until customer
defaults have been wholly made good, and/or to declare all outstanding bills of
the customer to be (and thereupon
the same shall be and become) due and payable forthwith.
Customer
agrees to pay LimoStars for all transportation
services provided by Transportation Service
Providers of LimoStars.
Customer agrees and accepts that a Digital Signature is made and complete upon
the making of a reservation on LimoStars. LimoStars captures Customer’s
I.P. address and requires Customer to accept all of the terms by checking the
check box before being able to continue with the reservation process. This
check box is considered a legally binding digital signature. A notice during
the check out process that Customer’s credit card will now be charged by
pressing this button is an additional acknowledgement that Customer agrees to
the Terms and Conditions of Service and that this is an additional digital
signature.
The Customer
does hereby agree to the terms and conditions of this confirmation by
submitting or making a reservation. Customer acknowledges that it has reviewed
and accepted the Terms and Conditions of Service, its cancellation policy and
all other terms and conditions of service.
Modifications
made via the telephone to requests or reservations may not be reflected online.
This Agreement
is a contractual agreement between LIMOSTARS and Customer
for the hiring of transportation services and pertains specifically to the
performance by the Customer and its Customers during the
duration of the service.
LIMITATION
OF LIABILITY FOR DAMAGES
Customer
expressly understands and agrees that LimoStars, its Officers,
Employees, Partners, Subsidiaries and Affiliates, and its Licensors shall not
be liable to Customer for:
A. Any
direct, indirect, incidental, special consequential or exemplary damages which
may be incurred however caused and under any theory of liability. This shall
include, but not be limited to, any loss of profit (whether incurred directly
or indirectly), any loss of goodwill or business reputation, any loss of data
suffered, cost of procurement of substitute goods or services, or any other
intangible loss;
B. Any loss
or damage which may be incurred by Customer including, but not limited to, loss
or damage as a result of:
1) any
reliance placed by Customer on the completeness, accuracy or existence of any
advertising, or as a result of any relationship or transaction between Customer
and any advertiser or sponsor whose advertising appears on the Services;
2) any
changes which LimoStars may make to the Services, or
for any permanent or temporary cessation in the provision of the Services (or
any features within the Services);
3) the
deletion of, corruption of, or failure to store, any content and other
communications data maintained or transmitted by or through Customer’s use of
the Services;
4) Customer’s
failure to provide LimoStars with accurate account information;
or
5) Customer’s
failure to keep its password or account details secure and confidential.
The
limitations on LimoStars’ liability to Customer shall
apply whether or not LimoStars has been advised of or should
have been aware of the possibility of any such losses arising.
EVENT
SERVICE DISCLAIMERS
Customer’s participation as a passenger in any
motor vehicles for any event both public and private is at Customer’s sole and
exclusive risk. The Transportation Service Provider may refuse service for any reason
at any time, or ask Customer to vacate the vehicle and CEASE an event at any
time for any reason. By using LimoStars, Customer agrees
and understands that in connection with Customer’s participation in any event
or activity, Customer may be exposed to a variety of hazards and risks,
foreseen or unforeseen, which may or may not be inherent in those activities
and events. These inherent risks include; but are not limited to, the dangers
of serious personal injury, property damage, and death (injuries and damages)
from exposure to the hazards of public or private outings and activities. LimoStars has not
tried to contradict or minimize your
understanding of these risks. By using LimoStars, you agree and
understand that injuries and damages may occur by natural causes or by the acts
of other persons or third parties, either as a result of negligence or because
of other reasons. Customer is personally responsible for all costs and/or risks
associated with any public or private event or activity.
LIMITATION OF LIABILITY
The
information, software, products, and services published on this website may
include inaccuracies or typographical errors. In particular, LimoStars and its Affiliates
do not guarantee the accuracy of, and disclaim liability for inaccuracies
relating to the information and description of the ground transportation
services, and other products displayed on this website (including, without
limitation, photographs, list of amenities, general product descriptions,
etc.), much of which information has been gathered from the respective
suppliers but not verified by LimoStars. Changes
are periodically added to the information herein. LimoStars, its Affiliates,
and/or their respective Suppliers may make improvements and/or changes on this
website at any time.
LimoStars, its Affiliates,
and/or their respective Suppliers make no representations about the suitability
of the information, software, products, and services contained on this website
for any purpose, and the inclusion or offering for sale of any products or
services on this website does not constitute an endorsement or recommendation
of such products or services by LimoStars or its Affiliates.
All such information, software, products, and services are provided "as
is" without warranty of any kind. LimoStars, its Affiliates,
and/or their respective Suppliers hereby disclaim all warranties, guarantees
and conditions with regard to this information, software, products, and
services, including all implied warranties, guarantees and conditions of merchantability,
fitness for a particular purpose, title, and non-infringement.
The Carriers and other Suppliers providing travel
or other services for the Customer are independent contractors and not agents
or employees of LimoStars or its Affiliates. LimoStars and its Affiliates
are not liable for the acts, errors, omissions, representations, warranties,
breaches or negligence of any such Suppliers or for any personal injuries,
death, property damage, or other damages or expenses resulting there from. LimoStars and its Affiliates
have no liability and will make no refund in the event of any delay,
cancellation, overbooking, strike, force majeure or other causes beyond their
direct control, and they have no responsibility for any additional expense,
omissions, delays, re-routing or acts of any governmental authority.
In no event shall LimoStars, its Affiliates,
and/or their respective Suppliers be liable for any direct, indirect, punitive,
incidental, special, or consequential damages arising out of, or in any way
connected with, the use of this website or with the delay or inability to use
this website, or for any information, software, products, and services obtained
through this website, or otherwise arising out of the use of this website,
whether based on contract, tort, strict liability, or otherwise, even if LimoStars, its Affiliates,
and/or their respective Suppliers have been advised of the possibility of
damages. Because some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, the above
limitation may not apply.
Further, LimoStars accepts no
responsibilities for any damage and/or delay due to Transportation Service Provider
cancellations, shortages, sickness, pilferage, labor disputes, machinery
breakdown, quarantine, government restraints, weather, traffic or any other
causes beyond the LimoStars’ control.
No responsibility is accepted for any additional expense, omissions, delays,
re-routing or acts of any governmental authority. LimoStars shall not
be responsible for any Provider's breach of any warranty including, but not
limited to, implied warranties of fitness for a particular purpose or of
merchantability; nor shall LimoStars be
responsible for any other wrongdoing of a Transportation
Service Provider (including any
liability in tort), as to any products and/or services available through this
Site. LimoStars shall not be responsible for
any Transportation Providers failure to comply with these Terms and Conditions
of Service, nor for any Transportation Service Provider's failure to comply
with applicable federal, state and local law including, without limitation,
laws governing the sale, warranty and return of perishables.
INDEMNIFICATION
Customer agrees
to defend and indemnify LimoStars, its Affiliates, and/or their respective Suppliers
and any of their Officers, Directors, Employees and Agents from and against any
claims, causes of action, demands, recoveries, losses, damages, fines,
penalties or other costs or expenses of any kind or nature including but not
limited to reasonable legal and accounting fees, brought by
A. Customer
or on Customer’s behalf in excess of the liability described above; or
B. by third
parties as a result of Customer’s breach of these website Terms and Conditions
of Service or the documents referenced herein;
C. Customer’s
violation of any law or the rights of a third party; or
D. Customer’s
use of this website or booking of travel products through LimoStars.
Customer
agrees to indemnify and hold LimoStars, its Parent,
Subsidiary, Affiliate, Officers, Employees,
Agents, Directors, Successors and Assigns harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of Customer’s use of the LimoStars Service,
the infringement by Customer (or other user of the Service using Customer’s
account) of any intellectual property or other right of any person or entity or
violation of any federal, state or local law or regulation.
Notwithstanding
anything to the contrary herein, to the fullest extent allowed by law, Customer
agrees to waive and discharge all claims, release LimoStars from all
liability and indemnify and hold harmless LimoStars, its Subsidiaries,
Affiliates, Officers, Agents, and other Partners and Employees, from any and
all liability on account of, or in any way resulting from injuries and damages
in any way connected with any events or activities. Customer agrees, understands
and intends that this assumption of risk and release is binding upon you and your heirs,
executors, agents, administrators and assigns, and includes any minors, guests,
or third parties accompanying user.
LimoStars and our Affiliates
cannot be held responsible for delays or inconveniences due to traffic, weather
unknown/unforeseen mechanical failures or situations deemed an “Act of God”.
By accepting
these Terms and Conditions of Service, Customer agrees that all of the
information contained herein is correct, and agrees to hold harmless LimoStars, Inc. and
any limousine service provider for any wrong information.
The Customer
by accepting and utilizing the reservation(s) recognizes that LimoStars is in no
way responsible for the actions of any Transportation Service Provider hired by
the Customer, and expressly understands and agrees that the exclusive remedy
for any claims relating to services or products provided by the Transportation Service
Provider (including, but not limited to, negligence or failure to deliver on
the terms of any contract between the Transportation Service Provider and the Customer)
is against the Transportation Service Provider and not against LimoStars.
LimoStars shall not
be liable for loss, damage, or other claim with respect to any services or
products provided to Customer by the Transportation Service Provider.
DISPUTES/LEGAL
JURISDICTION/GOVERNING LAW
All deposits
or amounts made by credit card, cash, check, bank transfer, or wire cannot be
disputed, as Customer is making a reservation which implies the acceptance and
knowledge of our cancellation policies and Terms and Conditions of Service.
The Terms,
and your relationship with LimoStars under the
Terms, shall be governed by the laws of the State of Arizona without regard to
its conflict of law’s provisions. Customer and LimoStars agree to
submit to the exclusive jurisdiction of the courts located within the County of
Maricopa, Arizona to resolve any legal matter arising from the Terms.
Notwithstanding this, Customer agrees that LimoStars shall still
be allowed to apply for injunctive remedies (or an equivalent type of urgent
legal relief) in any jurisdiction.
Should LimoStars be required
under the law to testify or be subpoenaed to a jurisdiction outside of Maricopa
County Arizona, Customer agrees to pay all costs and expenses incurred by LimoStars for the
duration of subpoena or court hearings.
DISCLAIMER
LimoStars does not
promise that the site will be error-free or uninterrupted, or that it will
provide specific results from use of the site or any content, search, or link
on it. The site and its content are delivered on an "as-is" and
"as-available" basis. LimoStars cannot
ensure that files which are downloaded from the Site will be free of viruses or
contamination or destructive features. LimoStars disclaims
all warranties, express or implied, including any implied warranties of
merchantability and fitness for a particular purpose. LimoStars will not be
liable for any damages of any kind arising from the use of this Site,
including, without limitation, direct, indirect, incidental, and punitive and
consequential or special damages.
LimoStars disclaims
any and all liability for the acts, omissions, and conduct of any third-party
users, LimoStars users, advertisers, and/or
sponsors on the Site, in connection with the Site, or otherwise related to use
of the Site. LimoStars is not responsible for the
products, services, actions, or failure to act of any third party in connection
with or referenced on the Site. Without limiting the foregoing, you may report
the misconduct of users and/or third-party advertisers or service and/or
product providers referenced on or included in the Site to LimoStars. LimoStars may
investigate the claim and take appropriate action, at its sole discretion.
LimoStars and its
affiliates have no liability and will make no refund in the event of any delay,
cancellation, overbooking, strike, force majeure or other causes beyond their
direct control. In all cases, LimoStars and its Affiliates
have no responsibility for any additional expenses, omissions, delays,
re-routing, or acts of any governmental authority.
Customer
communicates with LimoStars electronically whenever Customer
visits LimoStars.com or sends emails to LimoStars. Customer
consents to receive communications from LimoStars
electronically and by fax. Customer agrees that all notices, disclosures,
agreements and other communications provided to Customer electronically or by
fax satisfies any legal requirements that communications be in writing.
Although
most travel, including travel to international destinations, is completed
without incident, travel to certain destinations may involve greater risk than
others. LimoStars urges passengers to review
travel prohibitions, warnings, announcements and advisories issued by the
United States Government prior to booking travel to international destinations.
Information on conditions in various countries and the level of risk associated
with travel to particular international destinations can be found at
www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac
and www.customs.gov.
BY OFFERING
SERVICES IN PARTICULAR INTERNATIONAL DESTINATIONS, LIMOSTARS DOES NOT
REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK,
AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH
DESTINATIONS.
RESERVATIONS/SERVICE
TYPES
The Customer
acknowledges and understands that by proceeding with the checkout process and/or
by placing any reservation both online and offline, there will be monies
processed on the credit card provided to LimoStars and it’s affiliates.the Transportation Service Provider The Customer
understands that the full amount on the reservation will be charged, and that
this will not be refunded for any reason, unless as otherwise explained
elsewhere in these Terms and Conditions of Service.
The Customer
understands that LimoStars will use a network of Transportation
Service Providers in order to fulfill Customer’s reservation(s.)
By placing a reservation with LimoStars, Customer
acknowledges, accepts, and gives full authority and/or
capability to LimoStars, to operate in
this capacity on Customer’s behalf. Further, Customer
acknowledges that reservations are on a first-come, first-served situation. LimoStars will make all
normal efforts in order to fulfill Customer’s
reservation; but situations outside of the control
of LimoStars may occur at any time. All
reservations that are unable to be fulfilled due to vehicle
and/or driver availability and/or commercial viability will be
fully refunded to Customer within sixty (60) business days after the date of the
reservation.
By making a
reservation with LimoStars, Customer acknowledges that
the full monies for the initial reservation will be
immediately applied to Customer’s credit card and that the total
bill will be calculated upon
completion of Services and Customer’s
credit card will be charged for any additional Services used by Customer
and/or Customer which have not yet been paid to LimoStars and the Transportation Service Provider.
Current
hourly service rates for all services types are confirmed by the Customer at
the time a reservation is made and do not include the Transportation Service
Provider’s full travel time charges to and from
their garage to the reservation pick-up location or back to the Transportation
Service Provider’s garage upon completion of the reservation. Client authorizes and guarantees full payment for any additional travel time charges not calculated by the LimoStars’ reservation
system at the time of reservation. Client
hereby waives all legal rights and protections afforded under the Fair Credit and Billing Act and hereby agrees and
guarantees a no contest against any dispute. Client hereby authorizes their credit card as a
guarantee for full payment to LimoStars and the Transportation Service Provider and in doing so guarantees full financial responsibility between the customer’s
creditor and LimoStars and the
Transportation Service Provider and that they
waive all rights to charge backs. Client also agrees for any portion of this section if a chargeback or inquiry occurs they will be in
breach of contract and they will incur all costs and fees associated including
damages. Client assumes full responsibility for their credit card if lost or stolen whether by
negligence or intent and
guarantees payment to LimoStars and the Transportation Service Provider.
LimoStars and The Transportation Service Provider assumes no
responsibility for lost or damaged baggage, personal belongings, or any items
left in the vehicle.
An online request may be confirmed as a reservation, but ultimately denied due
to availability and/or commercial viability (as determined by LimoStars or the
Transportation Service Provider), or invalid data entered by
the Customer, including, but not limited to, invalid credit card
numbers, incomplete pickup information, address both map-able and not map-able
and/or unserviceable requests.
It is the Customer's
responsibility to verify that Customer’s request has been confirmed or denied directly
with the Transportation Service Provider.
LimoStars
and the Client agrees that the Transportation
Service Provider reserve the right to substitute or upgrade a vehicle, as
situations require. Vehicle’s make, model, year, styles, colors and vehicle year
are not guaranteed. All reservations
are subject to vehicle availability and/or commercial viability. Customer must
contact LimoStars, Inc.the Transportation Service Provider if any of the
information contained in Customer’s reservation confirmation is incorrect. Failure to do so may result
in a service failure in which LimoStars and the
Transportation Service Provider cannot be held liable in any way, shape or
form. It is entirely Customer’s responsibility to correct any errors or
omissions in the reservation. All information contained in Customer’s
reservation and confirmation is assumed to be accurate.
“As
Directed” ground
transportation is defined as ground transportation service
directed by the Customer.
With this type of service, there are either limited or no pre-determined
transport locations, other than the initial pre-designated pick-up location. All service types will be deemed an “As
Directed Service Type” once the Customer deviates from the scheduled
itinerary. The Customer is responsible
to direct the chauffeur to his/her desired transport destinations. Customer is fully responsible for supplying
driving maps, including turn-by-turn for driving directions to all desired
locations. Driver is not responsible
for his/her inability to find any specific location whether the location is map-able
or unmap-able.
All Customers
and passengers must be available to receive phone calls from LimoStars or the
Transportation Service Provider up to two hours before scheduled pick-up date
and time to assist with directions or other needs.
All Customers
and their passengers are responsible to know where vehicles are parked for
concerts, large venues and all other service types and events and must arrange
pick-up plans prior to the initial drop-off at the venue. Common sense should be used when exchanging
cell phone numbers with the driver or Transportation Service Provider. It is the Customer’s and passenger’s full
responsibility to protect their own security and privacy.
Customer
must allow sufficient time for driver/Transportation Service Provider to circle
the block(s) due to traffic, police activity, etc.
LimoStars and the Transportation
Service Provider are not responsible for mobile phone dead spots, lack of cell
phone coverage, and/or the failure of the driver, Transportation Service Provider
or LimoStars to answer phones in a timely
manner. LimoStars and the Transportation Service
Provider are not responsible for any inability to communicate with the driver, Transportation
Service Provider, Customer or LimoStars.
LimoStars’
reservation system will supply Transportation Service Provider’s airport pick-up instructions on the Cumstomer’s
itinerary when possible. Should the
Customer not have their itinerary with these instructions or fails to locate
the chauffer, it is the Customer’s full
responsibility to must call the LimoStars or
Transportation Service Provider for specific Airport pick-up instructions. Customer
agrees to allow sufficient time for chauffeur to park vehicle, ride in a
shuttle to or from a parking lot, walk to a changed terminal, arrive to the
airport for early or late flights, to follow instructions given by the airport’s
Transportation Security Authority, Local, State or any Federal Authorities instructions,
directives or any other authority while greeting passengers.
Failure to
follow the Terms and Conditions of Service for airport pick-up or if
passenger(s) abandons the Transportation Service Provider or the reservation
and leaves the airport without notifying LimoStars or Transportation Service Provider,
Customer will incur additional charges for wait time, parking and any other
charges or fees associated with the reservation(s).
All services
are charged garage-to-garage. This is
subject to change with at any time without notice. unless
otherwise notified by LimoStars. Garage-to-garage is defined as service
commences from the time the vehicle leaves its facility or garage and the
services ends when the vehicle returns to its facility or garage. All charges
are based on a price per hour and have a minimum hourly usage based on service
types. All minimums and charges are
posted both online and/or given verbally at the time of the reservation.
The minimum
number of service hours is determined by availability of vehicles, driver
availability, holidays, events, traffic, weather, road conditions, Acts of God,
and commercial viability. Prices are determined by mathematical formulas as
data is input into the system by the Customer.
At no time will LimoStars release or disclose these
formulas because of the proprietary nature and commercial secret and know-how.
Fractions of
an hour are rounded to next hour and will reflect an increase in charges and an
additional charge on the credit card.
LimoStars and the Transportation
Service Provider reserve the right to refuse service to anyone. Termination of
this contract is at the full discretion of LimoStars based upon
the above statement.
Upon
completion of Customer’s reservation transaction, a
Confirmation screen with your trip
details will be displayed, and an HTML email will be sent as a courtesy
confirmation of your transaction. Please check the
details and feel free to call the
Transportation Service Providerus with any
changes. As a precaution, be sure to print out the confirmation page
before closing your browser, as we cannot
guarantee delivery of your HTML email receipt.
Phone orders will be
sent via an email
confirmation. It is the
Customer’s responsibility to check the accuracy of the order which is manually
input by a LimoStars reservationist. LimoStars is not
responsible for any clerical errors, omissions or any inaccuracies under any
circumstances for any reason whatsoever.
All orders
made offline, including but not limited to; phone, email, fax, US mail, or third
party delivery service will have a Twenty Five Dollar ($25.00) reservation fee
added to each reservation made offline.
All
confirmations given and sent to the Customer by LimoStars’
reservation staff is considered complete and accurate. It is the Customer’s responsibility to check
all reservations for accuracy, omissions, and clerical errors and correct these
inaccuracies with the LimoStars staff. All sales are final on all reservations
and phone orders.
Charges are provided based on information you provided and ARE
ESTIMATES ONLY! Your actual cost could be
more depending on actual hourly rental time, distance traveled, extra waiting
time, additional requested amenities, special assistance and/or additional
services, repairs for damage, cleaning of the vehicle, tolls, parking and any
miscellaneous costs associated with each reservation.
All reservations are subject to vehicle and Transportation Service Provider
availability. LimoStars does not guarantee that we will inform
you or your Customers of vehicle or Transportation
Service Provider’s availability for the reservation. It is the sole
responsibility of the Customer to ensure that a vehicle is available
for the reservation. Customer is encouraged to call the Transportation Service Provider
or LimoStars concerning availability.
If Customer cannot locate the driver, Customer must contact LimoStars or the
Transportation Service Provider. Failure to do so will result in an additional
wait time and full fare will be charged.
If Customer has any delays, they must call LimoStars
or the Transportation Service Provider.
LimoStars will provide the Customer with
certain information about the Transportation Service Provider(s) at the Customer’s
request to allow the Customer to perform due diligence on the Transportation Service
Provider.
The Transportation Service Providers are not employees or agents of LimoStars, and are
not entitled to act on behalf of LimoStars in any way,
shape or form or for any reason at any time.
OVERTIME/EXTRAS/ADD-ON
EXPENSES
The following
include, but are not limited to, items that fall under Overtime, Extras and
Add-On Expenses:
A. Customer
assumes responsibility for any overtime fees and authorizes credit card charges
to be made to cover these costs or any others due and not collected at the end
or completion of services.
B. Customer and/or
Customer shall pay for any clean-up charges outside
of normal usage.
C. Customer and/or
Customer shall pay for any damages to vehicle whether by neglect or intent and
assumes all financial responsibilities for these charges.
D. All vehicles are ALCOHOL FREE AND NON-SMOKING.
Failure to comply with these terms and conditions represents a full and
material breach of contract and allows LimoStars and/or
Transportation Service Provider to collect nominal, consequential,
punitive and special
damages for this breach.
E. Airport
fees, tolls, bridges, parking, car seats, miscellaneous charges will be considered additional fees and will be charged in full at the
completion of the charter, transfer or service.
Additional
charges ("Add-On" costs) as incurred will be itemized and reflected
on the Customer's billing statement when applicable.
Certain services may require an additional fee for meals and/or overnight accommodations
for the chauffeur/driver.
LimoStars does not
guarantee that tours, packages or ground transportation services of any type
will actually occur. LimoStars is not responsible for delays
of any kind and Customer assumes full financial responsibility to pay these
additional charges for any overtime or additional charges caused by delays.
City tours, hot
deals/packages and any other service type may list or mention a visit to a
third party attraction. It is the Customer’s responsibility to pay all entrance
fees or additional costs associated with these attractions. These fees are not
included in any service type, package or listing on LimoStars.
Damage to
vehicles by the Customer or their guests whether by neglect or intent must be
paid in full upon the end of the reservation charter or upon demand. Customer
agrees and authorizes LimoStars or the Transportation Service
Provider to charge to the Customer’s credit card for vehicle damages without
prior notice of the damage charge. Customer also agrees and approves that
multiple additional charges to their credit card may occur if additional damage
is discovered.
SERVICE
PROBLEMS/FAILURES
A Customer
No Show is defined when a customer fails to be at the pre-designated pick-up
location at the pre-designated time for all services reserved.
A FULL CHARGE
equal to cost of the service reserved will be applied and may include any
applicable Wait Time and Add-On expenses.
LimoStars is not
responsible for the costs of missed flights, hotels, missed meetings, loss of
business, etc., or any costs associated with the Transportation Service Provider’s
failure to perform the service(s).
PRICING,
FEES, AND BILLING PROCEDURES
Services are
billed to the Customer's credit card or assigned business account numbers.
LimoStars accepts the
following cards: American Express, Diners Club, Discover Card, MasterCard and
Visa.
Any
additional gratuity paid to the chauffeur is at the Customer's discretion and
will be in addition to the standard fee.
Any
misrepresentation of the event type is deemed a full and material breach of
contract by Customer and Customer agrees to pay full amount of the correct
service type and the minimum hourly charge or the actual usage amount over the
minimum hourly charge plus an administrative fee of Six Hundred Dollars
($600.00) per occurrence. All charges
and fees or damages are payable upon demand by LimoStars and will
incur interest at the maximum allowable rate in the State of Arizona or 1.5%
per month, whichever is greater.
All
published service rates and the minimum hourly charges are subject to change
without notice.
Current
service rates are confirmed at the time a reservation is made both by online
and all offline methods.
Any fees
paid or due to LIMOSTARS are non-refundable and are
payable upon demand. All unpaid
balances incur interest at the maximum allowable rate in the State of Arizona
or 1.5% per month, whichever is greater.
Any breach
of these Terms and Conditions of Service will cause to accrue any costs associated
with the enforcement of these Terms and Conditions of Service.
CANCELLATION
POLICY
ALL
SALES ARE FINAL. If Customer you cancels yourthe reservation, Customeryou
will be charged the entire amount of the service that was reserved and may
incur any additional overtime, extras and add-on expenses.
SECURITY
Customer agrees to allow
LimoStars® to transfer,
relay or disseminate any and
all personal and
financial information,
whether known or unknown,
to any third party(ies), for any reason whatsoever. LimoStars® may use any
and all methods of communications for these purposes.
Customer is solely responsible
for maintaining the confidentiality of its password and account. Customer is
also solely responsible for any and all activities that occur under its
account. Customer may change its password, or any other account information, at any
time by following instructions available on the LimoStars® website(s). Customer may also set up a
new account at its convenience. Customer agrees to notify LimoStars®
immediately of any unauthorized use of its account or any other breach of
security. Customer must promptly inform LimoStars® of actual or apparent
breaches of security, such as loss, theft, or unauthorized disclosure or use of
a Customer account or password to mitigate damages. Until LimoStars® is properly
notified of a breach in
security, Customer will remain liable for any unauthorized use of the
LimoStars® Service through its account. Customer agrees to: (1) provide certain
current, complete, and accurate information about Customer when prompted to do
so by the Service, and (2) maintain and update this information as required to
keep it current, complete and accurate. If any information provided by Customer
during its original registration page during signup is inaccurate, LimoStars®
reserves the right to terminate the account and the right to use the LimoStars®
Service at any time.
Customer agrees and
understands that it is responsible for maintaining the confidentiality of
passwords associated with any account used to access the Services. Accordingly,
Customer agrees that it will be solely responsible to LimoStars® for all
activities that occur under its account. If Customer becomes aware of any
unauthorized use of its password or of its account, Customer agrees to properly
notify LimoStars®.
Checking the “I agree” check box for the Terms and
Conditions of Service during the checkout process satisfies the digital
signature laws. It is agreed that a
contract has been made when the entire reservation process is completed by
pressing the final confirm button. Even
if a disruption of service occurs and Customer does not receive a confirmation,
it is deemed a legally binding contract. It is the
Customer’s responsibility to inform LimoStars® of the confirmation failure and
to get an accurate reservation confirmation.
If
the Customer places a reservation by telephone, email, fax or any other form of
communication other than the website(s), upon request, LimoStars® will send this Agreement via email or fax and will log
the return receipt, read receipt and all fax logs. Successful delivery of this Agreement will be deemed a digital signature and a
fully binding contract.
PROPER USE
OF VEHICLE
The Customer
is responsible for it’s Customers in every regard to
this agreement/reservation and assumes full financial responsibility for any
damages to the vehicle or property caused by the Customer or the guests whether
by accident, neglect, or intent. The Customer hereby assigns all responsibility
for its Customers within this Agreement.
The Customer
hereby agrees that the Customer and their guests will act in accordance with
the rules and policies of the Transportation Service Provider as set forth by
the Transportation Service Provider and agrees that LimoStars and the
Transportation Service Provider are not responsible in the event that the
Customer and their guests disobey or engage in any of the following acts, be
they illegal or otherwise. Further, the Customer realizes that the offenses
laid out below may constitute behaviors that are considered to be in violation
of the safe operation of the vehicle, and therefore, LimoStars, the Transportation
Service Provider, or their driver/chauffeur may terminate the reservation at
any point without refund because of said violations.
Customer
acknowledges that all vehicles are ALCOHOL AND DRUG FREE, NON-SMOKING AND NO
FOOD IS ALLOWED AT ANY TIME. No Customer that exceeds the statutory legal limit
of intoxication and/or illegal or irresponsible drug use shall be allowed to
ride in the vehicle. If the driver/chauffeur
has reasonable cause to believe that any Customer and/’or their guest are above
the legal limit of intoxication, then driver/chauffeur has the right to refuse
service. Customer and guest waive their
rights to any legal remedy based on any and all occurrences resulting from any
and all Customers’ and guests’ intoxication and/or illegal or irresponsible
drug use. Failure to comply with these terms and conditions represents a full
and material breach of this contract and allows LimoStars to collect
punitive, special and any and all
damages for this breach.
These
include, but are not limited to, the following:
A. Illegal activity of any kind such as
possessing/using/distributing illicit drugs or narcotics of any kind.
B. Smoking or use of alcohol or food of any
kind is not permitted in the vehicles.
C. No body
parts, such as arms/legs/hands/feet/heads, or any other body parts are allowed
through the sunroof/windows/doors of vehicle at any time. This includes no
standing through sunroof/windows at any time.
D. No feet and/or standing allowed on
seats/bars/walls/ceiling in the ordinary course of use and operation shall be
allowed.
E. No unruly behavior/horseplay/fighting shall
be allowed.
F. Any
behavior that would cause the unsafe operation of vehicle not specified above
is also not allowed, at the sole
discretion of the Transportation Service Provider and their driver/chauffeur.
G. No
loading of vehicle beyond seating capacity is allowed at any time.
H. The
throwing of any objects out of the vehicle at any time for any reason is strictly
prohibited. Customer assumes full
financial responsibility for any damages incurred by a third party for any
reason within the terms of this contract.
I. No weapons without prior written approval
due to special circumstance or authority shall be allowed.
Any and all
fines incurred because of illegal actions or possessions by the Customer or
their Guests or any person in the vehicle is the sole responsibility of the
Customer and/or the guests/passengers. LimoStars assumes no
responsibility for any illegal acts of the Customer, passengers or driver(s) occupying
said vehicle at any time, for any reason whatsoever.
Due to the danger imposed by exiting the vehicle on the street side (i.e., the
side that traffic is flowing), the Customer and guests hereby agree that they
will not exit the vehicle on the street side whatsoever. It is the
responsibility of the Transportation Service Provider to inform the Customer
and their guests of this practice. Failure to comply with these standard
procedures may result in personal injury or death. The Customer hereby assumes
all responsibility for the safety of the Customer and/or
guests as represented by the Customer. No warnings of any danger will ever be given
to the Customer by the driver or Transportation
Service Provider.
The
transporting of pets may be allowed based on the regulations of the
Transportation Service Provider. It is at the sole discretion of the
Transportation Service Provider whether or not to allow pets in the vehicle at
any time. It is the responsibility of the Customer to check with the
Transportation Service Provider on the pet policy in place by calling LimoStars
the
Transportation Service Provider in advance of reservation. The
addition of pets to the reservation may incur extra fees, at the sole
discretion of the Transportation Service Provider. Carrying of pets require the
use of pet carriers. The Transportation Service Provider may refuse service if
there are unauthorized pets brought with the Customer at the scheduled pick-up
time of the reservation. In that event, there will be no refund of any kind. It
is highly recommended that the Customer check with the Transportation Service
Provider before bringing pets of any kind.
ITINERARY/IDENTIFICATION
As Customer will
not receive a paper ticket, we suggest Customer prints their confirmation to
take along with them on their trip.
Every
passenger needs a valid photo ID (such as driver's license or passport). Name
on photo ID must match the passenger name in your reservation.
ORDER
CONFIRMATION
If you do not
receive a confirmation number (in the form of a confirmation page or email)
after submitting payment information, or if you experience
an error message or service interruption after submitting payment information,
it is your responsibility to confirm
with LimoStars Customer Service Department
whether or not your order has been placed. Only you may be
aware of any problems that may occur during the purchase process. LimoStars will not be
responsible for losses (monetary or otherwise) if you assume that
an order was not placed because you failed to
receive confirmation or vice versa.
BILLING INFORMATION VERIFICATION
Orders are
processed only after a billing address and other billing information has been
verified. Occasionally, we receive incorrect billing or credit card account
information for a reservation order that can delay processing. In these cases, LimoStars’ customer
service will attempt to contact you, using the
information provided at the time of purchase. If LimoStars is unable
to reach you after its initial attempt, LimoStars may cancel your order. Client authorizes any employee or agent of LimoStars
and or Transportation Service Provider to contact them for any reason.
TRAVEL
BOOKINGS
Customer
agrees to be financially responsible for all of the travel products booked
through Customer’s account with LimoStars. In
addition, Customer warrants that all information supplied by Customer or anyone
using Customer’s account with LimoStars in
connection with the booking of travel products is true and accurate. Without
limitation, any speculative, false, or fraudulent reservation, or any
reservation made in anticipation of demand is prohibited. Customer agrees to
only make legitimate travel services bookings for Customer or for another
person for whom you are legally
authorized to act.
PAYMENT
PROCESSING
Full payment
is due immediately for bookings made on the LimoStars.com website,
telephone, email, fax and any other form of communication. All sales are final.
Payment may
be made by American Express, Diners Club, Discover Card, MasterCard, Optima, or
Visa credit card.
All prices
and amounts shown on the LimoStars website are
in U.S. Dollars (USD), unless otherwise noted. If a Customer submits a LimoStars Request for
Services, the Customer agrees that all taxes, charges, surcharges,
shipping/handling or a request for resubmission or other fees will
automatically be charged to the credit card submitted by the Customer. Such
amounts will be posted to your credit
card. Customer agrees that its credit
card will be charged for the full cost of the reservation upon submitting the
booking request both online and offline.
CURRENCY
CONVERSION
Currency
rates are based on various publicly available sources and should be used as
guidelines only. Rates are not verified as accurate, and actual rates may vary.
Currency quotes are not updated every day. The information we gather from the
currency convertor information is believed to be accurate, but LimoStars, the
Transportation Providerits Affiliates, and/or their Suppliers
do not warrant or guarantee such accuracy. LimoStars reserves
the right to use any currency conversion posted on the web such as XE.com ®
from the date the reservation(s) are made to the date of posting or finalizing
the actual final time and charges, as submitted by the Transportation Service Provider.
EXCLUSION OF
WARRANTIES
Nothing in these termsTerms and Conditions of
Service shall exclude or limit LimoStarsLimoStars’®
warranty or liability for losses which may not be lawfully excluded or limited
by applicable law. ourLimoStar’s® liability will be limited to the maximum
extent permitted by law.
Customer expressly
understands and agrees that use of the services is at yourCustomer’s sole risk and
that the services are provided "as is" and “as available.”
In particular, LimoStarsLimoStars® does not
represent or warrant to youCustomer that:
Customer’s use of the Services will
meet Customer’s requirements,
Customer’s use of the Services will
be uninterrupted, timely, secure or free from error,
Any information obtained by Customer
as a result of Customer’s use of the Services will be accurate or reliable.
That defects in the operation or
functionality (vehicle fitness, safety) of any Service provided to youCustomer as part of the Services
will be corrected.
Chauffeur/driver(s) operation of the
vehicle is safe or the quality of their driving skill.
The safety of other vehicles, their
drivers, uninsured motorists, drunk drivers
The safety of Intoxicated Customers or
passenger(s)
or drivers/chauffeurs of the vehicle
Any material
downloaded or otherwise obtained through the use of the Services is done at Customer’s
own discretion and risk and that Customer will be solely responsible for any
damage to Customer’s computer system or other device or loss of data that
results from the download of any such material.
No advice or
information, whether oral or written, obtained by Customer from LimoStarsLimoStars® or through or
from the Services shall create any warranty not expressly stated in the termsTerms and Conditions of
Service.
LimoStarsLimoStars® further
expressly disclaims all warranties, guarantees and conditions of any kind,
whether express or implied, including, but not limited to the implied
warranties and conditions of merchantability, fitness for a particular purpose
and non-infringement.
SECURITY
Customer is
solely responsible for maintaining the confidentiality of it’s password
and account. Customer is also solely responsible for any and all activities
that occur under its account. Customer may change it’s password,
or any other account information, at any time by following instructions
available on the LimoStars website. Customer may also
set up a new account at its convenience. Customer agrees to notify LimoStars immediately
of any unauthorized use of its account or any other breach of security. Customer
must promptly inform LimoStars of actual or apparent
breaches of security, such as loss, theft, or unauthorized disclosure or use of
a Customer account or password. Until LimoStars is notified
by email of a breach in security, Customer will remain liable for any
unauthorized use of the LimoStars Service
through its account. In consideration for using the LimoStars Service, Customer
agrees to: (1) provide certain current, complete, and accurate information
about Customer when prompted to do so by the Service, and (2) maintain and
update this information as required to keep it current, complete and accurate.
If any information provided by Customer during its original registration or My
Info Page sign-up is inaccurate, LimoStars reserves
the right to terminate the account immediately and the right to use the LimoStars Service.
Customer
agrees and understands that it is responsible for maintaining the
confidentiality of passwords associated with any account used to access the
Services. Accordingly, Customer agrees that it will be solely responsible to LimoStars for all activities
that occur under its account. If Customer becomes aware of any unauthorized use
of its password or of its account, Customer agrees to notify LimoStars immediately
at http://www.limostars.com/contact.
Checking the
“I agree” check box for the Terms and Conditions of Service during the checkout
process satisfies the digital signature laws.
It is agreed that a contract has been made when the entire reservation
process is completed by pressing the final confirm button. Even if a disruption of service occurs and you do not
receive a confirmation, it is deemed a legally binding contract. It is the Customer’s responsibility to
inform LimoStars of the confirmation failure
and to get an accurate reservation confirmation.
LimoStars will send
this contract via email or fax and will log the return receipt, read receipt
and all fax logs. Successful delivery
of the confirmation will be deemed a digital signature.
WARRANTIES
This Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective heirs,
personal representatives, successors and permitted assigns.
Whenever any word is used in this
Agreement in the masculine gender, it shall also be construed as being used in
the feminine and neuter genders, and singular usage shall include the plural,
and vice versa, all as the context shall require.
The marginal headings of the
paragraphs of this Agreement are for convenience only and are not to be
considered a part of this Agreement or used in determining its content or
context.
All covenants, agreements,
representations and warranties made herein shall be deemed to be material and
to have been relied on by the parties in entering into this Agreement and shall
survive the execution and delivery of this Agreement.
Any modification or amendment of
this Agreement shall be in writing and shall be executed by all parties.
This Agreement constitutes and embodies
the full and complete understanding and agreement of the parties hereto. Time is of the essence in all matters
associated with this Agreement.
If any term, condition or provision
of this Agreement or the application thereof is judicially or otherwise
determined to be invalid or unenforceable, the remainder of this Agreement and
the application thereof shall not be affected, and this Agreement shall
otherwise remain in full force and effect.
Each party executing this Agreement
in a representative capacity warrants to the other party that he has the right,
power, legal capacity, and authority to enter into this Agreement. No approval
or consent of any other person shall be necessary in connection with the
execution, performance, and delivery of this Agreement.
Each party to this Agreement
represents and warrants that the execution and delivery of this Agreement by
such party, compliance with the termsTerms and Conditions of Service and
provisions of this Agreement by each party, and such parties'
consummation of the transactions as contemplated under this Agreement will not
breach any statute or regulation of any governmental authority, domestic or
foreign, or acceleration of any of the terms, conditions, or provisions of any
agreement or instrument to which each such party is a party, or to which each
such party is or may be bound, or constitute a default or event of termination
thereunder.
Any waiver by any party of a breach
of any provision of this Agreement shall not operate as or be construed as a
waiver of any subsequent breach hereof.
TERMS AND CONDITIONS OF SERVICE FOR TRANSPORTATION SUPPLIERS
This is a LEGAL AGREEMENT between Supplier, Herein Know as Transportation Service Provider, TSP and LimoStars®, Inc., an Arizona Corporation, including its Parent Company(ies), Subsidiary(ies), Affiliates, Officers, Employees, Agents, Directors, Suppliers, Successors and Assigns (hereinafter “LimoStars®”) stating the Terms and Conditions of Service that govern Supplier, TSP’s use of the Services. This Agreement, together with all updates, additional Terms and Conditions of Service, software licenses, and all of LimoStars’® rules and policies, collectively constitute the “Agreement” between Supplier, TSP and LimoStars®.
ACCEPTANCE OF TERMS AND CONDITIONS OF SERVICE:
In order for Supplier, TSP to be able to use the Services, Supplier, TSP must first agree to these Terms and Conditions of Service. Supplier, TSP may not use the Services of LimoStars® if Supplier, TSP does not accept the Terms and Conditions of Service. To agree to these Terms and Conditions of Service, click “I have read and agree to the Terms and Conditions of Service” (hereinafter “I agree”) If Supplier, TSP does not agree to these Terms and Conditions of Service, do not click “I agree” and do not use the Service. Supplier, TSP must accept and abide by these Terms and Conditions of Service as presented to Supplier, TSP: changes, additions or deletions are not acceptable. Supplier, TSP agrees and accepts that a Digital Signature is made and complete upon the making of a reservation or signing up for the affiliate platform on LimoStars.com®. LimoStars® captures Supplier, TSP’s I.P. address and requires Supplier, TSP to accept all of the Terms and Conditions of Service by checking the “I agree” box. This “I agree” box is considered a legally binding digital signature. A notice during the check out process that Supplier, TSP’s credit card will now be charged by pressing this button is an additional acknowledgement that Supplier, TSP agrees to the Terms and Conditions of Service and that this is an additional digital signature. Supplier, TSP further agrees and accepts that a digital signature is made and complete upon the making of a reservation and or signing up for the LimoStars Affiliate Platform on LimoStars.com or any other form of communication.
Termination of this Agreement is at the full discretion of LimoStars®.
Supplier, TSP may accept the Terms and Conditions of Service by:
A. Clicking “I agree” to accept or agree to the Terms and Conditions of Service set forth in this Agreement, where this option is made available to Supplier, TSP by LimoStars® in the user interface for any Services purchased through LimoStars®; or
B. By actually using the Services or Providing Services. In this case, Supplier, TSP understands and agrees that LimoStars® will treat Supplier, TSP’s use of the Services as an implied acceptance of the Terms and Conditions set forth in this Agreement from the date the Services were first used.
This “Agreement” shall be posted prominently on the LimoStars® website(s) (http://www.limostars.com/legal/terms_and_conditions.htm) and platform (hereinafter “website(s)”) so the Supplier, TSP’s who provides or orders services through LimoStars® by phone shall be able to review the Terms and Conditions of Service set forth in this Agreement by providing a LimoStars® Agent with any personal and/or financial data when the Supplier, TSP is placing a reservation by phone.
Supplier, TSP may not use the Services and may not accept the Terms and Conditions of Service if (a) Supplier, TSP is not of legal age to enter into a binding contract with LimoStars®, or (b) Supplier, TSP is a person barred from receiving the Services under the laws of the United States or other Countries, including the Country in which Supplier, TSP is a resident or from which Supplier, TSP uses the Services.
Before Supplier, TSP continues, Supplier, TSP should print out or save a local copy of the Terms and Conditions of Service for Supplier, TSP’s records.
GENERAL LEGAL TERMS AND CONDITIONS OF SERVICE CLAUSE:
Sometimes when Supplier, TSP uses the Services, Supplier, TSP may (as a result of, or through Supplier, TSP’s use of the Services) use a service, or use another third party’s software program or download a piece of software or purchase goods, which may be provided by LimoStars® or another person or company. Any damages or viruses or any or all disruptions and/or complications which may result from the use of Services shall be the sole liability and responsibility of the SUPPLIER, TSP ONLY. LimoStars® shall not be held liable then for any acts, omissions, or damages resulting from Supplier, TSP’s use of Services or the use of tools to use any of LimoStars® Services.
The Terms and Conditions of Service constitute the whole Legal Agreement between Supplier, TSP and LimoStars® and govern Supplier, TSP’s use of the Services (but excluding any services which LimoStars® may provide to Supplier, TSP under a separate written agreement), and completely replace any prior agreements between Supplier, TSP and LimoStars® in relation to the Services. TSP agrees that this contract will take priority over TSP’s own terms and conditions or contract. In the event of a dispute between TSP and LimoStars, Supplier TSP agrees that The LimoStars Terms and Conditions will trump any and all other contracts.
Supplier, TSP agrees that LimoStars® may provide Supplier, TSP with notices, including those regarding changes to the Terms and Conditions of Service, by email, regular mail, or postings on the LimoStars® website(s).
Supplier, TSP agrees that if LimoStars® does not exercise or enforce any legal right or remedy which is contained in the Terms and Conditions of Service (or which LimoStars® has the benefit of under any applicable law), this will not be taken to be a formal waiver of LimoStars’® rights and that those rights or remedies will still be available to LimoStars®.
Supplier, TSP acknowledges and agrees that each member of the group of companies of which LimoStars® is the parent shall be third party beneficiaries to the Terms and Conditions of Service and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms and Conditions of Service which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms and Conditions of Service.
If Supplier, TSP shall fail to live up to the Terms and Conditions of Service of this or any other Agreement with LimoStars®, the latter shall have the unrestricted option, to defer further services until Supplier, TSP’s defaults have been wholly made good, and/or to declare all outstanding bills of the Supplier, TSP to be (and thereupon the same shall be and become) due and payable forthwith.
Supplier, TSP acknowledges that it has reviewed and accepted the Terms and Conditions of Service, its cancellation policy and all other Terms and Conditions of Service set forth in this Agreement.
Modifications made via the telephone or via other methods of communication to requests or reservations may not be reflected online.
This Agreement is a contractual agreement between LIMOSTARS and Supplier, TSP for the terms of service of the LimoStars Affiliate Platform and the hiring of transportation services and pertains specifically to the performance by the Supplier, TSP and its Supplier, TSPs during the duration of the service.
LIMITATION OF LIABILITY AND DISCLAIMERS:
LimoStars® shall not be held liable to the Supplier, TSP or to any other third party(ies) as set forth below in this section of the Terms and Conditions of Service entitled Limitation of Liability and Disclaimers.
The limitations on LimoStars’® liability to Supplier, TSP shall apply whether or not LimoStars® has been advised of or should have been aware of the possibility of any such losses arising.
General Disclaimers:
LimoStars® shall not be held liable for any direct, indirect, incidental, special, consequential, exemplary damages or any damages whatsoever which may be incurred however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or any other intangible loss.
LimoStars® has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control. In all cases, LimoStars® has no responsibility for any additional expenses, omissions, delays, re-routing, or acts of any governmental authority.
LimoStars® reserves the right to refuse service to anyone.
Technology Disclaimers:
The information, software, products, and services published on the LimoStars® platform or website(s) may include inaccuracies or typographical errors. In particular, LimoStars® does not guarantee the accuracy of, and disclaim liability for inaccuracies relating to the information and description of the ground transportation services, and other products displayed on the website(s) or platform (including, without limitation, photographs, list of amenities, general product descriptions, etc.), much of which information has been gathered from the respective suppliers but not verified by LimoStars®. Changes are periodically added to the information herein. LimoStars® may make improvements and/or changes on the website(s) or platforms at any time without notification.
LimoStars® makes no representations about the suitability of the information, software, products, and services contained on the website(s) for any purpose, and the inclusion or offering for sale of any products or services on this website(s) does not constitute an endorsement or recommendation of such products or services by LimoStars®. All such information, software, products, and services are provided "as is" without warranty of any kind. LimoStars® hereby disclaims all warranties, guarantees and conditions with regard to this information, software, products, and services, including all implied warranties, guarantees and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
In no event shall LimoStars® be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the LimoStars’® website(s) or with the delay or inability to use the LimoStars’® website(s), or for any information, software, products, and services obtained through this website(s), or otherwise arising out of the use of this website(s), whether based on contract, tort, strict liability, or otherwise, even if LimoStars® has been advised of the possibility of any and all damages.
LimoStars® does not promise that the website(s) will be error-free or uninterrupted, or that it will provide specific results from use of the website(s) or any content, search, or link on it. The website(s) and its content are delivered on an "as-is" and "as-available" basis. LimoStars® cannot ensure that files which are downloaded from the website(s) will be free of viruses or contamination or destructive features. LimoStars® disclaims all warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose. LimoStars® will not be liable for any damages of any kind arising from the use of this website(s), including, without limitation, direct, indirect, incidental, and punitive and consequential or special damages.
LimoStars® disclaims any and all liability for the acts, omissions, and conduct of any third-party users, LimoStars® users, advertisers, and/or sponsors on the website(s), in connection with the website(s), or otherwise related to use of the website(s). LimoStars® is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the website(s). Without limiting the foregoing, Supplier, TSP may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the website(s) to LimoStars®. LimoStars® may investigate the claim and take appropriate action, at its sole discretion.
In addition, LimoStars® shall not held liable for the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Supplier, TSP’s use of the Services, or for the Supplier, TSP’s failure to provide LimoStars® with accurate account information or for the Supplier, TSP’s failure to keep Supplier, TSP’s password or account details secure and confidential.
Supplier, TSP communicates with LimoStars® electronically whenever Supplier, TSP visits LimoStars®.com or sends emails to LimoStars®. Supplier, TSP consents to receive communications from LimoStars® electronically, by fax, by phone, email or in any and all forms of communication. Supplier, TSP agrees that all notices, disclosures, agreements and other communications provided to Supplier, TSP electronically or by fax satisfies any legal requirements that communications be in writing.
LimoStars® shall not be held liable for any reliance placed by Supplier, TSP on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between Supplier, TSP and any advertiser or sponsor whose advertising appears on any LimoStars® platform, and/or device or through any Agent or employee.
TSP Disclaimers Working With Other TSP’s:
Further, LimoStars® accepts no responsibilities for any damages due to Transportation Service Provider’s cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather, traffic or any other causes beyond LimoStars’® control. No responsibility is accepted for any additional expenses, omissions, delays, re-routing or acts of any governmental authority or acts of God. LimoStars® shall not be responsible for any Transportation Service Provider's breach of any contract, Agreement or warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability; nor shall LimoStars® be responsible for any and all wrongdoing(s) of a Transportation Service Provider (including, but not limited to, any liability in tort), as to any products and/or services available through the LimoStars® website(s). LimoStars® shall not be responsible for any Transportation Service Provider’s failure to comply with these Terms and Conditions of Service, nor for any Transportation Service Provider's failure to comply with applicable federal, state and local laws including, without limitation, laws governing the sale, warranty and return of perishables.
The Transportation Service Providers providing travel or other services for the Supplier, TSP are independent contractors and not agents or employees of LimoStars®. LimoStars® is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Transportation Service Providers, their agents, their employees, or their independent contractors, suppliers or any other third party agents for any personal injuries, death, property or any other damages whatsoever and with no limitation, or expenses whatsoever and with no limitation, resulting therefrom. LimoStars® has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control, and LimoStars® has no responsibility for any additional expenses, omissions, delays, re-routing or acts of any governmental authority.
Non Solicitation of LimoStars Customers:
TSP agrees that under no circumstance, in any way, shape or form that they will solicit LimoStars customers. This includes the handing out of business cards, contacting customers or making contracts with LimoStars customers. LimoStars will hold TSP, its officers, agents, servants, employees, affiliates, parent or subsidiary corporations, attorneys, and all those in privity or acting in concert with it, personally responsible for all damages for the total value for the entire history of the account of the lost customer(s), account(s), advertising, expenses, travel, attorney(s) fees, court costs and any other costs associated with this breach. TSP agrees and understands that LimoStars makes significant investment in time, money and effort to procure customers and that a breach of this disparagement clause will cause irreparable harm to LimoStars in which it will be entitled to full restitution of all damages and claims including the Suppliers, TSP’s its officers, agents, servants, employees, affiliates, parent or subsidiary corporations, attorneys, and all those in privity or acting in concert with it, personally agrees to personally guarantee the total value of the customer(s) account from its inception in time plus 5X future profits plus any interest or costs incurred by LimoStars. TSP also agrees to take a no contest position should there be evidence that a breach has occurred and additionally agrees to surrender all personal and business assets within 5 days should a breach of contract be proven in court. TSP also agrees to immediately notify LimoStars of any breach of this contract by any entity including its officers, agents, servants, employees, non employees, affiliates, parent or subsidiary corporations, attorneys, and all those in privity or acting in concert. LimoStars® shall also not be held liable for any changes which LimoStars® may make to the Services or for any permanent or temporary cessation in the provision of the Services (or any features within the Services).
VIOLATION OF TERMS AND CONDITIONS OF SERVICE:
Supplier, TSP by clicking the “I agree” box has agreed to the Terms and Conditions of Service as outlined in this Agreement and, in the event Supplier, TSP violates any terms set forth in this Agreement, LimoStars® shall have the right to use any and all remedies provided by law or otherwise. Supplier, TSP agrees that monetary damages may not provide a sufficient remedy to LimoStars® for violations of these Terms and Conditions of Service and Supplier, TSP consents to injunctive or other equitable relief for such violations.
Supplier, TSP understands and agrees that in LimoStars’® sole discretion, and without prior notice, LimoStars® may terminate Supplier, TSP’s access to the website(s), cancel Supplier, TSP’s reservation orders or any and all of LimoStars® services or exercise any other remedy available and remove any unauthorized User and any Content, if LimoStars® believes that Supplier, TSP’s conduct, or the User Content Supplier, TSP provides, violates or is inconsistent with these Terms and Conditions of Service, or violates the law or the rights of LimoStars®, a Supplier, TSP of LimoStars®, or another user of the LimoStars® website(s). LimoStars® is not required to provide any refund or other compensation to Supplier, TSP if Supplier, TSP is terminated as a User because Supplier, TSP has violated these Terms and Conditions of Service or any of LimoStars’® rights
LEGAL JURISDICTION AND GOVERNING LAW:
The Terms and Conditions of Service, and Supplier, TSP’s relationship with LimoStars® under the Terms and Conditions of Service, shall be governed by the laws of the State of Arizona without regard to its conflict of law’s provisions. Supplier, TSP and LimoStars® agree to submit to the exclusive jurisdiction of the courts located within the County of Maricopa, Arizona to resolve any legal matter arising from the Terms and Conditions of Service. Notwithstanding this, Supplier, TSP agrees that LimoStars® shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Should LimoStars® be required under the law to testify or be subpoenaed to a jurisdiction outside of Maricopa County Arizona, Supplier, TSP agrees to pay all costs and expenses incurred by LimoStars® for the duration of subpoena or court hearings.
INDEMNIFICATION:
Supplier, TSP agrees to indemnify and hold LimoStars® harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Supplier, TSP’s use of the LimoStars® Service, the infringement by Supplier, TSP (or other user of the Service using Supplier, TSP’s account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.
Notwithstanding anything to the contrary herein, to the fullest extent allowed by law, Supplier, TSP agrees to waive and discharge all claims, release LimoStars® from all liability and indemnify and hold harmless LimoStars® from any and all liability on account of, or in any way resulting from injuries and damages in any way connected with any events or activities. Supplier, TSP agrees, understands and intends that this assumption of risk and release is binding upon Supplier, TSP and Supplier, TSP’s heirs, executors, agents, administrators and assigns, and includes any minors, guest(s), or third parties accompanying user.
By accepting these Terms and Conditions of Service, Supplier, TSP agrees that all of the information contained herein is correct, and agrees to hold harmless LimoStars®.
The Supplier, TSP by marking and Checking the “I agree,” accepting and utilizing the reservation(s) recognizes that LimoStars® is in no way responsible for any actions of any Transportation Service Provider hired by the Supplier, TSP, and expressly understands and agrees that the exclusive remedy for any claims relating to services or products provided by the Transportation Service Provider (including, but not limited to, negligence or failure to deliver on the Terms and Conditions of Service of any contract between the Transportation Service Provider and the Supplier, TSP) is against the Transportation Service Provider and not against LimoStars®.
LimoStars® shall not be liable for any and all losses, damages, or other claims with respect to any services or products provided to Supplier, TSP by the Transportation Service Provider.
PRICING, FEES, ADVERTISING CHARGES AND BILLING PROCEDURES:
Retail Booking Platform: All reservations made on the “retail platform” also know as Business to customer B2C http://www.limostars.com has an advertising charge of 30 percent, 30% of the gross reservation order payable to LimoStars. Final time and charges for orders that have incurred additional hours of service, parking fees, tolls or any other additional charges are also payable to LimoStars at the rate of 30 percent, 30%.
Corporate Platform: Corporate Booking Platform: All reservations made on the “Corporate Booking Platform” also know as Business to Business, B2B, which requires a special login to http://www.limostars.com has an advertising charge of 30 percent, 30% of the gross reservation order payable to LimoStars. Final time and charges for orders that have incurred additional hours of service, parking fees, tolls or any other additional charges are also payable to LimoStars at the rate of 30 percent, 30%.
Supplier to Supplier Platform: Incurs a three dollar service charge payable to LimoStars. This option gives the TSP the ability to service their client(s) reservations everywhere supply is located within the LimoStars booking Platform.
LimoStars Payments to TSP:
All TSP’s payments are made by check.
Checks are cut and sent out on the 15th and 30th of each month
LimoStars will only make TSP payments once the monies are received from the customer. It should be noted that LimoStars has select corporate customers that have been granted a 30 day billing cycle. TSP payments could extend to 60 to 90 days because of accounting delays by TSP.
LimoStars does not use credit cards for any form of payment, so don’t ask.
Should there be a customer service issue, payment dispute, chargeback or other issue. TSP agrees that payments will be withheld until LimoStars settles and resolves the issue with the customer.
TSP Payments will be withheld to offset customer chargeback’s for reservations that have already been paid by LimoStars to TSP.
If LimoStars receives a customer chargeback based on issues surrounding TSP’s service(s) in totality and loses the dispute, TSP will not be paid for the disputed reservation(s). LimoStars will not be held liable by TSP’s lost revenue or for any costs associated with the dispute. It is LimoStars position that our system is a self service booking model in which the customer creates their own online reservations and that each reservation is a perfectly good reservation. Additionally, LimoStars and TSP agree that a dispute can only arise from the TSP’s quality of service and not LimoStars. With the exception: If a LimoStars staff member manually sends the TSP a reservation with incorrect reservation data and a dispute arises out of our error, TSP will be paid for that reservation once fully investigated by LimoStars.
TSP AGREES that LimoStars will not be held liable for any late payment fees, interest, attorney fees, court costs, travel, or any other charge associated with a late payment by LimoStars.
SERVICE FEES:
A Service fee of $3.00 will be charged at the time the farm out reservation is made, hereafter referred to as the checkout process. The Service fee is subject to change at any time without any notice. The Service fee is non -refundable for any reason whatsoever. LimoStars assumes no responsibility for farm-out work exchanged between TSP’s
TRAVEL BOOKINGS:
Supplier, TSP agrees to be financially responsible for all of the travel products booked through Supplier, TSP’s account with LimoStars®. In addition, Supplier, TSP warrants that all information supplied by Supplier, TSP or anyone using Supplier, TSP’s account with LimoStars® in connection with the booking of travel products is true and accurate. Without limitation, any speculative, false, or fraudulent reservation, or any reservation made in anticipation of demand is prohibited. Supplier, TSP agrees to only make legitimate travel services bookings for Supplier, TSP or for another person for whom Supplier, TSP is legally authorized to act.
PAYMENT PROCESSING:
Full payment is due immediately for bookings made on the LimoStars® website(s), telephone, email, fax and any other form of communication. ALL SALES ARE FINAL.
Payment may be made by American Express, Discover Card, MasterCard, or Visa credit card.
All prices and amounts shown on the LimoStars® website(s) are in U.S. Dollars (USD), unless otherwise noted. If a Supplier, TSP submits a LimoStars® Request for Services, the Supplier, TSP agrees that all taxes, charges, surcharges, shipping/handling or a request for resubmission or other fees will automatically be charged to the credit card submitted by the Supplier, TSP. Such amounts will be posted to Supplier, TSP’s credit card. Supplier, TSP agrees that its credit card will be charged for the estimated cost of the reservation upon submitting the booking request both online and offline.
All deposits or amounts made by credit card, cash, check, bank transfer, or wire cannot be disputed, as Supplier, TSP is making a reservation which implies the acceptance and knowledge of our cancellation policies and Terms and Conditions of Service under CUSTOMER TERMS AND CONDITIONS.
VIOLATION OF TERMS:
Supplier, TSP understands and agrees that in LimoStars' sole discretion, and without prior notice, LimoStars® may terminate Supplier, TSP’s access to the Site, cancel Supplier, TSP’s reservation orders or any and all LimoStars services or exercise any other remedy available and remove any unauthorized User and any Content, if LimoStars believes that Supplier, TSP’s conduct, or the User Content Supplier, TSP provides, violates or is inconsistent with these Terms, or violates the law or the rights of LimoStars, a Supplier, TSP of LimoStars, an affiliate or partner of LimoStars or another user of the Site. Supplier, TSP agrees that monetary damages may not provide a sufficient remedy to LimoStars for violations of these Terms and Supplier, TSP consents to injunctive or other equitable relief for such violations. LimoStars is not required to provide any refund to Supplier, TSP if Supplier, TSP is terminated as a User because Supplier, TSP has violated these Terms or any of LimoStars’ rights.
LIMITATION OF LIABILITY FOR DAMAGES:
Supplier, TSP expressly understands and agrees that LimoStars, its Officers, Employees, Partners, Subsidiaries and Affiliates, and its Licensors shall not be liable to Supplier, TSP for:
A. Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or any other intangible loss;
B. Any loss or damage which may be incurred by Supplier, TSP including, but not limited to, loss or damage as a result of:
1) any reliance placed by Supplier, TSP on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between Supplier, TSP and any advertiser or sponsor whose advertising appears on the Services;
2) any changes which LimoStars may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
3) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Supplier, TSP’s use of the Services;
4) Supplier, TSP’s failure to provide LimoStars with accurate account information; or
5) Supplier, TSP’s failure to keep its password or account details secure and confidential.
The limitations on LimoStars’ liability to Supplier, TSP shall apply whether or not LimoStars has been advised of or should have been aware of the possibility of any such losses arising.
DISCLAIMER:
LimoStars does not promise that the site will be error-free or uninterrupted, or that it will provide specific results from use of the site or any content, search, or link on it. The site and its content are delivered on an "as-is" and "as-available" basis. LimoStars cannot ensure that files which are downloaded from the Site will be free of viruses or contamination or destructive features. LimoStars disclaims all warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose. LimoStars will not be liable for any damages of any kind arising from the use of this Site, including, without limitation, direct, indirect, incidental, and punitive and consequential or special damages.
LimoStars disclaims any and all liability for the acts, omissions, and conduct of any third-party users, LimoStars users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to use of the Site. LimoStars is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to LimoStars. LimoStars may investigate the claim and take appropriate action, at its sole discretion.
LimoStars and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control. In all cases, LimoStars and its Affiliates have no responsibility for any additional expenses, omissions, delays, re-routing, or acts of any governmental authority.
Supplier, TSP communicates with LimoStars electronically whenever Supplier, TSP visits LimoStars.com or sends emails to LimoStars. Supplier, TSP consents to receive communications from LimoStars electronically and by fax. Supplier, TSP agrees that all notices, disclosures, agreements and other communications provided to Supplier, TSP electronically or by fax satisfies any legal requirements that communications be in writing.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. LimoStars urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING SERVICES IN PARTICULAR INTERNATIONAL DESTINATIONS, LIMOSTARS DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
TSP RESERVATION BOOKINGS: ALL SALES ARE FINAL:
If a Supplier, TSP cancels another TSP’s reservation, Supplier, TSP you will be charged the entire amount of the service that was reserved and may incur any additional overtime, extras and add-on expenses.
SECURITY:
Supplier, TSP agrees to allow LimoStars® to transfer, relay or disseminate any and all personal and financial information, whether known or unknown, to any third party(ies), for any reason whatsoever. LimoStars® may use any and all methods of communications for these purposes.
Supplier, TSP is solely responsible for maintaining the confidentiality of its password and account. Supplier, TSP is also solely responsible for any and all activities that occur under its account. Supplier, TSP may change its password, or any other account information, at any time by following instructions available on the LimoStars® website(s). Supplier, TSP may also set up a new account at its convenience. Supplier, TSP agrees to notify LimoStars® immediately of any unauthorized use of its account or any other breach of security. Supplier, TSP must promptly inform LimoStars® of actual or apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of a Supplier, TSP account or password to mitigate damages. Until LimoStars® is properly notified of a breach in security, Supplier, TSP will remain liable for any unauthorized use of the LimoStars® Service through its account. Supplier, TSP agrees to: (1) provide certain current, complete, and accurate information about Supplier, TSP when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by Supplier, TSP during its original registration page during signup is inaccurate, LimoStars® reserves the right to terminate the account and the right to use the LimoStars® Service at any time.
Supplier, TSP agrees and understands that it is responsible for maintaining the confidentiality of passwords associated with any account used to access the Services. Accordingly, Supplier, TSP agrees that it will be solely responsible to LimoStars® for all activities that occur under its account. If Supplier, TSP becomes aware of any unauthorized use of its password or of its account, Supplier, TSP agrees to properly notify LimoStars®.
Checking the “I agree” check box for the Terms and Conditions of Service during the checkout process satisfies the digital signature laws. It is agreed that a contract has been made when the entire reservation process is completed by pressing the final confirm button. Even if a disruption of service occurs and Supplier, TSP does not receive a confirmation, it is deemed a legally binding contract. It is the Supplier, TSP’s responsibility to inform LimoStars® of the confirmation failure and to get an accurate reservation confirmation.
If the Supplier, TSP places a reservation by telephone, email, fax or any other form of communication other than the website(s), upon request, LimoStars® will send this Agreement via email or fax and will log the return receipt, read receipt and all fax logs. Successful delivery of this Agreement will be deemed a digital signature and a fully binding contract.
Supplier, TSP is solely responsible for maintaining the confidentiality of its password and account. Supplier, TSP is also solely responsible for any and all activities that occur under its account. Supplier, TSP may change its password, or any other account information, at any time by following instructions available on the LimoStars website. Supplier, TSP may also set up a new account at its convenience. Supplier, TSP agrees to notify LimoStars immediately of any unauthorized use of its account or any other breach of security. Supplier, TSP must promptly inform LimoStars of actual or apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of a Supplier, TSP account or password. Until LimoStars is notified by email of a breach in security, Supplier, TSP will remain liable for any unauthorized use of the LimoStars Service through its account. In consideration for using the LimoStars Service, Supplier, TSP agrees to: (1) provide certain current, complete, and accurate information about Supplier, TSP when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by Supplier, TSP during its original registration or My Info Page sign-up is inaccurate, LimoStars reserves the right to terminate the account immediately and the right to use the LimoStars Service.
Supplier, TSP agrees and understands that it is responsible for maintaining the confidentiality of passwords associated with any account used to access the Services. Accordingly, Supplier, TSP agrees that it will be solely responsible to LimoStars for all activities that occur under its account. If Supplier, TSP becomes aware of any unauthorized use of its password or of its account, Supplier, TSP agrees to notify LimoStars immediately at http://www.limostars.com/contact/
Checking the “I agree” check box for the Terms and Conditions of Service during the checkout process satisfies the digital signature laws. It is agreed that a contract has been made when the entire reservation process is completed by pressing the final confirm button. Even if a disruption of service occurs and you do not receive a confirmation, it is deemed a legally binding contract. It is the Supplier, TSP’s responsibility to inform LimoStars of the confirmation failure and to get an accurate reservation confirmation.
LimoStars will send this contract via email or fax and will log the return receipt, read receipt and all fax logs. Successful delivery of the confirmation will be deemed a digital signature.
CURRENCY CONVERSION:
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. The information we gather from the currency convertor information is believed to be accurate, but LimoStars, the Transportation Provider its Affiliates, and/or their Suppliers do not warrant or guarantee such accuracy. LimoStars reserves the right to use any currency conversion posted on the web such as XE.com ® from the date the reservation(s) are made to the date of posting or finalizing the actual final time and charges, as submitted by the Transportation Service Provider.
EXCLUSION OF WARRANTIES:
Nothing in these terms and Conditions of Service shall exclude or limit LimoStars’® warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Our LimoStars® liability will be limited to the maximum extent permitted by law.
Supplier, TSP expressly understands and agrees that use of the services is at your Supplier, TSP’s sole risk and that the services are provided “as is” and “as available.”
In particular, LimoStars® does not represent or warrant to you the Supplier, TSP that:
Supplier, TSP’s use of the Services will meet Supplier, TSP’s requirements,
Supplier, TSP’s use of the Services will be uninterrupted, timely, secure or free from error,
Any information obtained by Supplier, TSP as a result of Supplier, TSP’s use of the Services will be accurate or reliable.
That defects in the operation or functionality (vehicle fitness, safety) of any Service provided to you the Supplier, TSP as part of the Services will be corrected.
Chauffeur/driver(s) operation of the vehicle is safe or the quality of their driving skill.
The safety of other vehicles, their drivers, uninsured motorists, drunk drivers
The safety of Intoxicated or passenger(s) or drivers/chauffeurs of the vehicle. Any material downloaded or otherwise obtained through the use of the Services is done at Supplier, TSP’s own discretion and risk and that Supplier; TSP will be solely responsible for any damage to Supplier, TSP’s computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by Supplier, TSP from LimoStars® or through or from the Services shall create any warranty not expressly stated in the Terms and Conditions of Service.
LimoStars® further expressly disclaims all warranties, guarantees and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
WARRANTIES:
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and permitted assigns.
Whenever any word is used in this Agreement in the masculine gender, it shall also be construed as being used in the feminine and neuter genders, and singular usage shall include the plural, and vice versa, all as the context shall require.
The marginal headings of the paragraphs of this Agreement are for convenience only and are not to be considered a part of this Agreement or used in determining its content or context.
All covenants, agreements, representations and warranties made herein shall be deemed to be material and to have been relied on by the parties in entering into this Agreement and shall survive the execution and delivery of this Agreement.
Any modification or amendment of this Agreement shall be in writing and shall be executed by all parties.
This Agreement constitutes and embodies the full and complete understanding and agreement of the parties hereto. Time is of the essence in all matters associated with this Agreement.
If any term, condition or provision of this Agreement or the application thereof is judicially or otherwise determined to be invalid or unenforceable, the remainder of this Agreement and the application thereof shall not be affected, and this Agreement shall otherwise remain in full force and effect.
Each party executing this Agreement in a representative capacity warrants to the other party that he has the right, power, legal capacity, and authority to enter into this Agreement. No approval or consent of any other person shall be necessary in connection with the execution, performance, and delivery of this Agreement.
Each party to this Agreement represents and warrants that the execution and delivery of this Agreement by such party, compliance with the Terms and Conditions of Service and provisions of this Agreement by each party, and such parties' consummation of the transactions as contemplated under this Agreement will not breach any statute or regulation of any governmental authority, domestic or foreign, or acceleration of any of the terms, conditions, or provisions of any agreement or instrument to which each such party is a party, or to which each such party is or may be bound, or constitute a default or event of termination there under.
Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed as a waiver of any subsequent breach hereof.
TSP’s Approval into the LimoStars Supplier Portal:
TSP must complete the welcome packets tasks within 10 business days to become approved into the LimoStars Supplier Portal.
Once approved by LimoStars, LimoStars will supply sign-in instructions to TSP to complete their online profile. TSP must complete their online profile on LimoStars.com within no more than ten days. Failure to complete a TSP profile may result in ejection from the LimoStars portal. Entry back into the LimoStars system will incur the current full charge pricing for the purchase of the LimoStars system.
TSP Quotes:
All special quote requests not produced by the LimoStars booking portal must be submitted by TSP within 24 hours or less. LimoStars will get 3 competitive quotes from multiple suppliers and will supply these quotes to the customer. It is in the best interest of the TSP to supply LimoStars with pictures of the actual vehicle with a detailed description of the vehicle so the customer can make their decision based on the supplier’s quality, colors, or prices.
LimoStars will use the LimoStars online affiliate system and the associated rates that are generated by this system. Online quotes given to customers are only valid at the time of booking. It is the sole responsibility of the TSP to ensure that their rates have been entered correctly into the LimoStars Affiliate Platform. LimoStars has no control over TSP’s rates and TSP hereby guarantees that they will honor their online rates regardless of any circumstance that may produce an incorrect rate or reservation made with mispricing. Failure to honor a reservation/rate hereby holds the TSP liable for all lost sales for the booked reservation plus advertising costs and administrative costs associated with the lost reservation. The Retail Reservation Rate will be used as the cost of the lost reservation. Additionally TSP hereby agrees to incur any additional costs incurred by LimoStars to re-dispatch the reservation to another TSP or internal costs incurred by LimoStars staff.
Pricing:
All online and special request pricing must include all taxes, gratuity, gas surcharges, mileage fees, administrative fees or any other additional fee TSP may charge. All TSP fees must be worked into TSP’s rate structure for both hourly rates and transfer rates.
Additional hours of service, extra stops, tolls, parking, driver overnights or special requests will be added to the final invoice submitted to LimoStars.
Any transfers with an extra stop will be charged on an hourly rate and will default to the minimum hourly charge structure input into the LimoStars Supplier Portal by TSP. If any reservation is changed by the client and the drop off address results in twenty miles or more outside of the original drop off address, TSP may charge the client the calculated travel time back to TSP’s garage from the changed or final drop off address. TSP will log the actual address of the final drop off for use in price calculations and final time and charges- (invoices). TSP will use a major online mapping system such as MapQuest® or Google® maps and will not round up mileage or hours to the next full mile, minute or hour. If a mapping program displays data that shows 1 hour of travel time back to a TSP’s garage, the travel time will be calculated based on TSP’s hourly rate divided by 60 minutes to determine the per minute rate. LimoStars reserves the right to review TSP’s charges and will also use online mapping programs to ensure accuracy. If a conflict between the major mapping programs occurs LimoStars and TSP will use the data that is the lowest travel time back to the TSP’s garage.
Reservations:
When LimoStars staff books a reservation for a customer, a reservation-booking will be sent via email with all of TSP’s pricing data, and the associated deal structure.
TSP must honor special requests for vehicle color, style and vehicle size that was quoted.
Vehicle substitutions are not allowed without prior approval from LimoStars.
TSP agrees that they WILL NOT FARM OUT any of LimoStars reservation without the express consent of LimoStars staff.
Airport Arrivals: TSP will always meet in the baggage area at the corresponding carousel, unless prohibited by law or noted by LimoStars. TSP will inform LimoStars of meeting instructions if different than stated herein. All chauffeurs-drivers will hold an official LimoStars sign greeting the customer.
Reservation Changes:
Reservation changes that do not require new pricing: Changed stops.
Reservation changes that do require new pricing: Changed dates, times, and pick up locations and or a vehicle style, make or model change.
If re-pricing is needed and supplier is unable to fulfill request due to vehicle availability the cancellation policy takes effect.
Reservation Cancellations: Customer may cancel a reservation with LimoStars within two hours on a transfer and 48 hours on an hourly charter. If customer fails to cancel within the allotted time the TSP will receive full payment for the reservation.
All suppliers must carry all size child safety car seats. Car seat charges must be included in quote.
Phone, Email, Fax, Text and Other Forms of Reservation(s) by LimoStars Staff:
LimoStars employees taking customers reservations via the telephone and other forms of communication will use any rate or method generated on the LimoStars website(s). This includes using the rates that are generated from the LimoStars Retail, Affiliate, Corporate Platform(s) or a verbal quote given by the TSP. TSP is hereby informed that all telephone calls are recorded for quality purposes.
TSP’s service rates are confirmed online in the affiliate platform at the time a reservation is made both by online and all offline methods.
Supplier, TSP agrees that another Transportation Service Provider reserves the right to substitute or upgrade a vehicle, as situations require. Vehicle’s make, model, year, styles, colors and vehicle year are not guaranteed but will be honored.
TSP agrees not to FARM-OUT a reservation from another TSP. All reservations are subject to vehicle availability and/or commercial viability. Supplier, TSP must contact the Transportation Service Provider if any of the information contained in Supplier, TSP’s reservation confirmation is incorrect.
All Supplier, TSPs and passenger(s) must be available to receive phone calls up to two hours before the scheduled pick-up date and time to assist with directions or other needs.
All Affiliate service pricing charges are based on the individual Transportation Service Provider’s fee structure which is posted on online at the time of the reservation.
Prices are determined by mathematical formulas as data is input into the system by the Supplier, TSP. At no time will LimoStars® release or disclose these formulas because of the proprietary nature and commercial secret and know-how.
Upon completion of Supplier, TSP’s reservation, or at the point of checkout, a Confirmation screen with the Supplier, TSP’s trip details will be displayed, and an HTML email will be sent as a courtesy confirmation of the Supplier, TSP’s transaction. It is the Supplier, TSP’s responsibility to check the details and accuracy of the reservation. If the Supplier, TSP finds inaccuracies to the reservation, it is the Supplier, TSP’s responsibility to call the Transportation Service Provider to correct any errors or omissions. Supplier, TSP should print out the confirmation page before closing the browser as LimoStars® cannot guarantee delivery of Supplier, TSP’s HTML email receipt.
Phone order confirmations may be sent via email. It is the Supplier, TSP’s responsibility to check the accuracy of the order which is manually input by a LimoStars’® agent or reservationist. LimoStars® is not responsible for any clerical errors, omissions or any inaccuracies under any circumstances for any reason whatsoever.
All confirmations given and sent to the Supplier, TSP by LimoStars’® reservation staff is considered complete and accurate. It is the Supplier, TSP’s responsibility to check all reservations for accuracy, omissions, and clerical errors and correct these inaccuracies with the LimoStars® staff.
Charges are calculated based on information Supplier, TSP provides in the online LimoStars TSP portal and ARE CONSIDERED COMPLETE! Supplier, TSP’s actual charges could be more depending on actual hourly rental time, distance traveled, extra waiting time, additional requested amenities, special assistance and/or additional services, repairs for damage, cleaning of the vehicle, tolls, parking and any miscellaneous costs associated with each reservation.
All reservations are subject to vehicle and Transportation Service Provider availability.
Confirmations:
Confirmations sent via the LimoStars online portal will reflect TSP’s online rates. Verbal quotes given by TSP will be used by LimoStars staff. All verbal quotes by TSP must include all charges. Confirmations must be sent to limostars via email, or fax and must reflect the agreed upon pricing. If TSP sends a confirmation that doesn’t match online rates/verbal quotes, we will not honor the email, or fax confirmation.
TSP Dispatch:
Drivers must be dressed in proper attire, suit, tie, dress shirt and dress shoes.
All reservations require the chauffeur - driver to greet customers with an official LimoStars sign. It is good ideas to have all drivers carry a couple extra LimoStars logoed signs in the event of dispatching changes. Chauffeurs / drivers must hold an Official LimoStars Sign for all LimoStars reservations. Sign is supplied by LimoStars
Drivers must have full reservation trip sheet including all routing and itinerary information. Driver is expected to fully map out driving directions in advance of the reservation.
Chauffer/driver must remain professional and courteous with customer/passengers at all times.
Chauffer shall not discuss billing or take reservations under any circumstance. If customer request additional service or wants to discuss billing, driver must refer customer to LimoStars staff at 1-888-779-0007.
TSP will be available for reservations and to dispatch vehicles 24 hours per day.
Vehicles:
All sedans must be no older than 4 years.
Sedans must be equipped with current newspaper, i.e. Wall Street Journal, USA Today, Barron’s, water, newspaper, umbrella etc...
TSP must honor special requests for vehicle color, style and vehicle size. Vehicle substitutions are not allowed without prior approval from LimoStars.
TSP agrees that they will not FARM-OUT any LimoStars Reservation without the express consent of LimoStars Staff.
Stretch Limousine Reservations: All limousines must be stocked with soda, waters and ice. Glasses must be clean and napkins present. (This includes all airport transfers).
Airport Arrivals: TSP will always meet in the baggage area at the corresponding carousel, unless prohibited by law or noted by LimoStars.
TSP Billing and Invoicing:
All invoices must be sent to LS accounting department with-in 5 business days. Invoices must reflect online quotes produced by the LimoStars portal, or the verbal quote given by TSP, their Staff or authorized agent(s). Invoices submitted by TSP that do not reflect these agreed upon prices will default to the quote prices produced by the LimoStars online booking portal, or the quote given to LimoStars staff or LimoStars customer(s) All invoices will be submitted in ledger form with itemized detail of all charges, times addresses. LimoStars will not accept invoices that do not have detailed information and may result in a delay or non payment for additional charges.
Customer Service Issues:
TSP agrees that all customer service issues will be resolved with-in 24 hours or less.
TSP agrees that should a credit need to be given to a customer due to TSP’S failure to perform services or other issues that may arise, TSP hereby agrees that they accept full financially responsibility for all losses that the customer or LimoStars incurs associated with the respective reservation(s). If LimoStars is in error TSP will be paid in full for the associated reservation. TSP agrees that no additional charges will be accrued during an investigation by LimoStars of a service failure.
TSP also, herby grants LimoStars the sole authority to make decisions for customer service issues and also grants exclusivity as to the final resolutions between customer, LimoStars and TSP. TSP agrees that LimoStars will not and cannot be held liable for any decisions it makes concerning customer service issues in any way, shape, or form.