SERVICE ORDER AGREEMENT - GENERAL TERMS & CONDITIONS
- Security Of Information
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- Disclaimers And Limitation Of Liability Clauses
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- Changes To Our Terms And Conditions
- We have the right to amend our terms and conditions without notice. When we change important clauses that affect a user directly, we will notify that user directly by email.
LEGAL CONTRACT: Carefully read this entire document before agreeing. Purchaser must sign as evidence of their agreement to these terms and conditions on their own behalf and on behalf of all other Participants. By agreeing to this contract, you (the Customer) represent you have the authority to act on behalf of your group or organization. If you do not have such authority, or if your group or organization does not pay the Company for its services in accordance with the terms of My Chauffeur Transportation company’s (the Company’s) tariff, then you guarantee payment. This document contains all the terms & conditions under which My Chauffeur Transportation Company and My Chauffeur Tours and My Chauffeur Wine Tours, DBAs organized and existing under the laws of the State of Oregon (referred to in this document as “My Chauffeur”, “Company”, “Us”, and “We”, unless otherwise stated) agrees to furnish service to you (referred to in this document as “Customer”, or “You”, unless otherwise stated). When you sign this document it is a legally binding contract, and it can only be changed by a later written agreement between us. I, Participant, acknowledge and agree, for myself and on behalf of all participants for whom I sign, as follows:
Cancellations - All reservations can be cancelled by customer within 24 hours of time-stamped emailed reservation confirmation with ‘no penalty’. See Below.
1. CANCELLATION/ CHANGE IN RESERVATION AGREEMENT (For airport service & gift certificate cancellation policies, see below #2 or #3): A $50.00 -$300.00 deposit may be required. Whether or not the deposit has or has not been applied; our cancellation policy (below a-d) stays in full force and effect. My Chauffeur reserves the right to cancel any reservation at any time (full refund applies). For a customer cancellation, you must obtain a cancellation confirmation in writing from the company staff. Cancellations without a written confirmation will not be accepted. If the agreed service is cancelled by the customer, the company WILL IMPOSE the applicable cancellation charges as follows: {see REFUNDS below}. For Gift Certificate holders or airport service cancellations; see below.
a. All reservations can be cancelled by customer within 24 hours of confirmation with ‘no penalty’. $10 minimum cancellation fee may apply.
b. If customer cancellation occurs after 24 hours of confirmation and up to 2 hours prior to ‘reservation’; 100% of the applicable deposit WILL be charged against your reservation agreement. In case of cancellation, the non-refundable deposit may be used toward a credit for any future service for up to 1 year.
c. If customer cancellation occurs less than 2 hours prior to the ‘reservation’ (a ‘no-show’), up to 100% of the SUB NET TOTAL may be charged against your reservation agreement. Any cancellation of the said reservation must be confirmed in writing and received by My Chauffeur no later than the time line described above. A no-show is defined by us as not canceling your tour at least 2 hours of the start time. Our driver will wait at the designated pickup location for 30 minutes after the scheduled pickup time before departure when it is considered a no-show if we have not had contact with the party. Late start times are taken away from the scheduled tours duration. A "no-show" fee will be charged the full trip cost when the passenger fails to arrive at the designated pickup location without a documented excuse. For what is a valid excuse is determined by My Chauffeur on a case-by-case basis and is at the sole discretion of My Chauffeur. A minimum fee still usually applies even with valid excuses equal the vehicles hourly rate, standard minimum time requirements and/or any pickup/drop-off location charges. In case of cancellation, the non-refundable deposit or other cancellation fees may be used toward a credit for any future service for up to 1 year. Any cancellation of the said reservation must be confirmed in writing and received by My Chauffeur no later than the time line described above.
d. For customer cancellations due to the vehicle; terms a-c above apply.
e. TOUR BUS CANCELLATIONS - Charters booked, but not prepaid or confirmed by either party, may be cancelled by either You or the Company without notice. Trips cancelled more than 10 days before the scheduled departure are not charged a cancellation fee, however up to $200 of the deposit may be forfeited. Trips cancelled less than 10 days but more than 72 hours before departure are charged $250.00 per bus. Trips cancelled less than 72 hours but more than 24 hours before departure are charged 50% of the charter price. There is no refund and full fare is charged if the trip is cancelled less than 24 hours prior to the scheduled pickup time. Tour Bus cancellations/refunds are dependent on the leased tour bus policies & procedures, and may be different that amounts stated above. Furthermore, additional charges may be required beyond your deposit to satisfy cancellation fees imposed on My Chauffeur by the leased tour bus company.
My Chauffeur reserves the right to change any reservation schedule and to substitute or cancel stops or other features on any reservation without notice with no refund. Total # of people changes may require a re-confirmation of your reservation date. Private tours are not guaranteed. In the event of your tour becoming a mixed-group tour, you will be notified ahead of time and your cancellation policy will become a 2-hour cancellation policy (see above).
f. REFUNDS: My Chauffeur has a NO REFUND policy. In the event of a cancellation after the ‘no penalty’ phase (see option A) and within the cancellation agreements (stated), all deposits will be forfeited and My Chauffeur HAS THE OPTION TO IMPOSE the cancellation policy as outlined. No refunds will be given. In case of cancellation, the non-refundable deposit may be used toward a credit for any future service for up to 1 year. $10 minimum cancellation fee (+ lunch expenses and winery/brewery cancellation fees as applicable) applies in the event of a deposit refund.
FINAL PAYMENT: FOR 100% CC OR CASH PAYMENT AT THE TIME OF YOUR RESERVATION, THE DEPOSIT WILL BE REFUNDED ON REQUEST.
2. CANCELLATION AGREEMENT (AIRPORT SERVICE): All Trips May Be Cancelled By Customer Within 24 Hours Of Reservation Confirmation With No Penalty. If your flight is cancelled, the passenger must call My Chauffeur to cancel or confirm their new flight # at least 2 hours before scheduled PDX landing time. If any cancellation occurs less than two (2) hours before a scheduled pick-up time, full charge equal to the cost of the trip plus the 20% service fee, is charged to the customer’s credit card. 2-hour cancellation notice must be by phone call or text message and must be confirmed with cancellation #. Email cancellations will not be accepted. The final decision with cancellation matters lies with My Chauffeur. Above terms will be included in your reservation confirmation by email.
3. CANCELLATION AGREEMENT (GIFT CERTIFICATES): My Chauffeur reserves the right to cancel any reservation (with full refund). My Chauffeur reserves the right to change any reservation schedule and price and to substitute or cancel stops or other features on any reservation without notice with no refund. For a customer cancellation, you must obtain a cancellation verification number from the company staff. Cancellations without a verification number will not be accepted. If the agreed
a. All reservations can be cancelled by customer within 24 hours of confirmation with ‘no penalty’.
b. If customer cancellation occurs after 24 hours of confirmation and up to 30 days prior to ‘reservation’; a $50 fee is required.
c. If customer cancellation occurs less than 30 days prior to ‘reservation’, a $100 fee is required for groups up to 8. A $200 fee is required for groups up to 14 persons or more.
d. If customer cancellation occurs less than 2 hours prior to ‘reservation’, up to 100% of the Gift Certificate value will be charged to your reservation agreement.
Any cancellation of the said reservation must be confirmed in writing and received by My Chauffeur no later than the time line described above; or the customer’s credit card may be charged. Total # of people changes may require a re-confirmation of your reservation date.
4. CHAUFFEUR GRATUITY: With credit card payment and when an automatic chauffeur gratuity is not already included in Pricing; an automatic 20% driver gratuity will apply for the following circumstances, signifying a ‘no-signature account’:
- The credit card is not available for imprint or processing.
- The Customer requests that My Chauffeur process the payment without credit card present.
- The Payee (credit card holder) is not present.
- Payee requests a custom gratuity $ amount.
6. MY CHAUFFEUR ENDEAVORS TO MAINTAIN THE SCHEDULE AGREED UPON:
A. TIME OF ARRIVAL AND DEPART: The Company does not agree to arrive at or depart from any point at a specified time, but will endeavor to maintain the schedule agreed upon.
B. TERMINATION OR COMPLETING YOUR RESERVATION: The Company does not agree to not terminate or complete your reservation, but will endeavor to maintain the schedule agreed upon.
7. (CARD HOLDER MUST SIGN BELOW)
THE RULE OF LAW (INTOXICATED OR INSUBORDINATE PERSONS): The safety of all is our #1 priority. We are courteous to our customers and to the community. We share tasting room etiquette and OLCC rules and regulations with our customers. We discourage the consumption of alcohol during the drive in our vehicles. We understand that alcohol from other sources may not be brought into establishments or onto their property.
My Chauffeur recognizes our responsibility to encourage people to enjoy alcohol in moderation as part of a positive lifestyle. At the same time, we don’t believe that general limitations on consumption are the most effective way to address the problem of irresponsible drinking. We believe more specific, targeted actions can achieve the best results.
As a result:
'Hard alcohol' (spirits) is PROHIBITED inside our tour vehicles. Responsibly & moderate consumption of wine or beer ONLY is allowed as long as all persons are aged 21 or older. The prohibition of hard alcohol is a requirement of the wineries and other establishments, as well as My Chauffeur. If hard alcohol is found inside any vehicle, it will be removed from the passenger compartment and secured in a secure location. All alcohol is prohibited in the seat immediately adjacent to the driver’s seat in all vehicles. Charges apply for sickness on or inside the vehicle (see #11 below).
If the customer shows signs of excessive intoxication, is being physically or verbally abusive or is displaying threatening behavior toward the driver or any other person as determined by the driver; any of the following may occur:
- All alcohol will be removed from the passenger compartment of the vehicle by the chauffeur.
- The driver will return them to their place of pickup. We understand Oregon State Law prohibits serving that person any additional alcohol, even if they have a designated driver. If the termination of the rental agreement is instituted, no refunds will be issued and the Customer will be charged for the NET TOTAL of the rental agreement minus the time not used (a minimum charge requirement may apply).
- The tasting room/bar staff will be notified by the chauffeur that this group may be excessively intoxicated.
- Charges apply for sickness on or inside the vehicle (see #11 below).
- If a tour guest is too intoxicated to drive home after the tour, My Chauffeur will, on request, arrange for a driver or a taxi. See INDEMNITY CLAUSE (#15) below
MY CHAUFFEUR is under NO OBLIGATION (see above, #6) to complete your reservation: My Chauffeur will maintain the safety of the group no matter what.
Neither My Chauffeur Company nor your driver are involved with your reservation to absorb abuse or threats or arguments or complaints. If you have complaints, gripes or are otherwise not happy with your trip, end your reservation and you will receive a discount on the unused time. Do not confront your driver or guide, because chances are he/she is not responsible and is doing the best they can.
Individuals can be ejected from the wineries/breweries/distilleries or the My Chauffeur tour vehicle for any reason or no reason. Any individual or the group as a whole, who is/are being physically or verbally abusive, is making serious physical or verbal threats or is engaged in criminal activity, that/those individual(s) will be immediately ejected from the reservation. Any individual, who is engaging in the following activities (harassing, sarcasm, excessive complaining, rudeness, verbal abuse or attacks, heated discussions, threats (This includes threats to post to social media), raising of his/her voice, being disruptive, being rebellious, being mutinous, being defiant, being argumentative etc.) or for any other reason that demands that the driver/guide take his/her attention away from the safety of the group to administer to the needs of any individual, this situation becomes a safety issue, and your reservation will end. If an individual is ejected from the reservation because of physical or verbal abuse, serious physical or verbal threats or criminal activity, that individual is responsible for providing their own transportation from the moment of the ejection. My Chauffeur will, on request, arrange for a driver or a taxi at the ejected persons expense. See PICKUP/DROP-OFF LOCATIONS (#14) below. If the involved individual refuses to exit the vehicle after being ejected from the vehicle, law enforcement will be called to assist. If an individual is ejected from the reservation because of any other reason, My Chauffeur is responsible for providing that individuals transportation to the drop-off location. The type of refund for a My Chauffeur expulsion is none or partial, depending on the drivers/guide and management's decision.
Our chauffeurs on a best effort basis make sure that the guests they bring to an establishment are neither obviously intoxicated nor disruptive. When advised by bar or winery personnel that our guests are creating a problem, the chauffeur is required to immediately remove the guests from the property. Our chauffeurs are required to take action to correct any problem related to our customers brought to our attention by an establishment employee or representative.
8. SCHEDULED VEHICLE: The Company does not agree to furnish to the customer any specific vehicle, but will endeavor to maintain the vehicle agreed upon
9. FORCE MAJEURE: The Company is not responsible for any delays, changes of schedule or cancellations resulting directly or indirectly from any act of God, public enemies, authority of law, quarantine, perils of navigations, riots, strikes, the hazard or dangers incident to a state of war, accidents, breakdowns, road conditions, weather conditions, and other conditions beyond the Company’s control.
10. LIABILITY AGREEMENT: LATE FEES: Vehicle hourly charges apply after 10 minutes from each scheduled pickup time unless otherwise noted. My Chauffeur reserves the right to change your pickup times if necessary for proper scheduling. Editing this document may void this document. The credit card holder is responsible for all charges ordered in this agreement: including, but not limited to, (all may not apply): trip costs, additional reservation time, hourly time, minimum hourly time, minimum time requirement for all tour packages; lunches, tasting fees, winery/brewery/distillery facility tour fees, lodging accommodations, chauffeurs gratuity, pick-up location charges and other ordered costs not specifically mentioned herein; and including additional services requested en-route after this contract is sent, and up to and during the time of the contracted reservation. The credit card holder is responsible for any and all extra-accrued time on the reservation date (see notes above). The final contract price will be computed after the trip based on the ACTUAL miles or hours and minutes operated, ACTUAL # of passengers and/or the ACTUAL type of vehicle. If using a credit card for the final payment: a credit card imprint and signature of the reservation credit card is required at reservation time. Refusal to a give credit card imprint at reservation time will result in a $25.00 charge to the customer’s rental agreement. My Chauffeur is not responsible for lost or stolen personal items left on the vehicle either during or after the rental period. Vehicle change requests by customer may require a $50.00 surcharge plus vehicle pricing change applies. Discounts will not be given for vehicle accessory failure. Offered discounts are not guaranteed, and may be voided by My Chauffeur management at any time. My Chauffeur occasionally has to use backup affiliate companies to perform our reservations. In this situation, we cannot guarantee good quality service, and cannot guarantee refunds based on the services received.
11. (CARD HOLDER MUST SIGN BELOW)
DAMAGE, CLEANING AND REPAIRS: The customer is financially liable for extraordinary cleaning (ANY CLEANING BEYOND THE NORMAL) and for all repairs to our vehicle (beyond normal wear) caused by members of your party. You agree to pay for all repairs and excess cleaning charged within the company’s terms of payment and/or outlined below. ‘Barf Bags’ & trash cans are typically located inside the vehicles, and should be utilized by a sick person if necessary. It is the responsibility of the customer to ask the driver where these (barf bags) are located and/or notify the driver if the vehicle should be stopped if someone is sick. There are no toilets in any of our vehicles. If ‘barf bags’ and/or trash cans are utilized in an effective manner; there should not be any cleaning charges related to sickness. The vehicle is inspected intermittently by the driver and by management on the vehicles return to our garage at the end of your reservation. The driver may or may not know if there will be any cleaning/repair charges. You must contact us if you have any questions/concerns about this. Cleaning/repair charges will be paid for immediately with no notice by charging the following amounts to the customer’s rental agreement:
AT MY CHAUFFEUR’S DISCRETION, THE PURCHASER AGREES TO BE FULLY LIABLE FOR ALL CHARGES THAT MAY OCCUR.
Vehicle down-time (For subsequently cancelled reservations; equivalent to 50% of the missed reservations Net Total) may be in addition to the charges below. See below.
Damage/Cleanings: Damages/Cleaning to the following
(below) will be paid for immediately by charging the following amounts (up to
the maximum) to the customer’s rental agreement: These payments will occur
'on the spot'* where/when the damage occurs. After the damage has occurred and
the repairs or cleanup made, the price will be audited and adjusted to
reflect the actual repair/ replacement / cleanup costs. |
|
DAMAGE |
PENALTY (FINE) |
SICKNESS EITHER IN/ON THE VEHICLE; IN/OUT OF THE
SUNROOF OR WINDOWS* |
THE
IMMEDIATE (“on the spot”) CHARGE FOR SICKNESS OR VOMITING IS $350.00, charged to your reservation agreement;
pending audit of the final charges. THE
ACTUAL CLEANUP CHG. IS $150.00/HOUR WITH 1 HOUR MINUMUM. OVER 1 HOUR OF
CLEANUP IS ADDITIONAL COST AT THE SAME RATE. $2500.00
MAX. FINE.* A final audit of the charges is done within 7 days after the
completion of your reservation. |
BROKEN WINDOW OR EMERGENCY ROOF EXIT DOOR |
UP TO $1500.00 PER WINDOW OR ROOF EXIT DOOR AND/OR VEHICLE
DOWN TIME |
DAMAGED BAR/ RADIO/ SPEAKERS/
CD/ DVD PLAYER/ TV (USE THE REMOTE) |
$200.00 - $500.00 EACH |
GUM, MINOR OR MAJOR DRINK SPILLS, SMOKING IN CAR |
UP TO $100.00 EACH; $150.00 MINIMUM FINE; $750.00
MAX. FINE |
FOOD SPILLS LIKE CHEESES, CHOCOLATE OR ANY ‘SOFT
FOODS’ INSIDE OR ON THE VEHICLE |
(CLEAN UP FEES BEYOND
THE ‘NORMAL’ APPLY)** THE IMMEDIATE (“on the spot”) CHARGE FOR SPILLS IS $150.00, charged to your reservation agreement;
pending audit of the final charges. THE
ACTUAL CLEANUP CHG. IS $75.00/HOUR WITH 1 HOUR MINUMUM. OVER 1 HOUR OF
CLEANUP IS ADDITIONAL COST AT THE SAME RATE. $1500.00
MAX. FINE.* A final audit of the charges is done within 7 days after the
completion of your reservation. |
TEAR, CUT OR BURN TO COUCHES, CARPET OR ANYTHING
WITHIN THE VEHICLE |
UP TO $500.00 EACH |
MISSING CDs, DVDs, BOOKS, FOLDERS, CORKSCREWS |
$10.00-$30.00 EACH |
DAMAGE TO EMERGENCY EXIT WINDOWS, LATCHES OR DOORS – TOUCHING
OR OPENING WITHOUT A STATE OF EMERGENCY PRESENT |
UP TO $500.00 EACH |
OPENING THE VEHICLE DOOR INTO ANOTHER VEHICLE OR
OBJECT |
UP TO $2000.00 |
ANYTHING ELSE WILL BE ESTIMATED BY A PROFESSIONAL PERSON |
$ VALUE UNKNOWN |
Vehicle down-time: Any customer caused damages
may involve vehicle down-time charges. Vehicle down-time is the time it takes
getting the vehicle repaired from customer caused damages as it overlaps in
time with a prior existing other party reservation with the same
vehicle. Customer is responsible for 50% of the net total $ amount of
the prior existing other party reservation for vehicle down-time
that is related to the customer caused damages. This vehicle down-time cost
estimate may or may not be processed as the same time for 'on-the-spot'
charges as above (Damage/Cleaning). As above, this charge will be audited
after the reservation to reflect the actual 50% of net total charges. * What
to do if you are feeling sick in the vehicle: Notify the driver at once to pull over and
stop. ‘Barf Bags’ & trash cans are typically
located inside the vehicles, and should be utilized by a sick person if
necessary. It is the responsibility of the customer to ask the driver
where these (barf bags) are located and/or notify the driver if the vehicle
should be stopped if someone is sick. My Chauffeur will endeavor to,
but are not responsible for, supplying “barf bags” or containers for
sickness. The responsibility with having a “barf bag” or other container at
hand, is solely the customers. There are no toilets in any of our
vehicles. If ‘barf bags’ and/or trash cans are utilized in an effective
manner; there should not be any cleaning charges related to sickness. The
sooner you notify your driver of sickness issues the better. Sadly,
people do things in our vehicles that they would not do in their own
vehicles. Therefore, strict fines apply for getting sick on or in the
vehicle, see above in the box FOR DETAILS. Fines for getting sick out
the sunroof or out the window are higher because the vomit gets within the
sunroof or through the window and down into the door and is impossible to
clean, meaning that the equipment must be dismantled to be cleaned or replaced.
If any part of the vehicle needs to be dismantled or replaced, the fee would
BE ESTIMATED BY A PROFESSIONAL PERSON and may be higher than the maximum fine
stated above. ** WHAT CONSTITUTES ‘NORMAL’ CLEAN
UP IS THE DECISION OF MY CHAUFFEUR EXCLUSIVELY. AFTER THE COMPLETION OF
THE RESERVATION; FEES WILL BE CHARGED (IF APPLICABLE) AS OUTLINED IN THIS
RENTAL AGREEMENT; WITH NO NOTICE; AND A RECEIPT INVOICE EMAILED TO THE CREDIT
CARD HOLDER. WE ALWAYS RECOMMEND CONSUMING FOODS OUTSIDE OF THE VEHICLE, IF
POSSIBLE, OR BRING NON-SOFT FOODS WHICH DO NOT MAKE A MESS. |
13. RIGHT TO SUBSTITUTE EQUIPMENT: The Company has the right, at its sole discretion, to substitute equipment from our fleet or from other companies in order to fulfill this charter agreement.
14. (CARD HOLDER MUST SIGN BELOW)
PICKUP/DROP-OFF LOCATIONS: Reservations involve drinking alcohol. Therefore; My Chauffeur recommends for safety reasons that the pickup & drop-off locations be at a single residence, hotel or multiple residences to eliminate the need for any persons to drive after a reservation. By signed contract, My Chauffeur holds no liability during or after a reservation for property damage, injury or death to any person resulting from a reservation guest who is drinking and driving. See INDEMNITY CLAUSE (#16) below. If a guest is too intoxicated to drive home after the reservation, My Chauffeur will, on request, arrange for a driver or a taxi.
15. (CARD HOLDER MUST SIGN BELOW)
RELEASE and INDEMNITY: My Chauffeur has a ‘Ride At Your Own Risk’ policy. If I am an adult Participant and Purchaser of this contract, I hereby agree, for myself and on behalf of all participants for whom I sign below, TO RELEASE AND FOREVER DISCHARGE My Chauffeur Transportation Company and its affiliates’ respective officers, agents, employees, contractors and principals (“Released Parties”) and assigns from all manner of actions, causes of actions, debts, accounts, bonds, contracts, claims and demands for or by reason of any damage, loss or injury to person and property which has been or may be sustained as a consequence of the following:
a. THE CLAIM OR DISPUTE AROSE AS A RESULT OF DAMAGES AND LAW ENFORCEMENT DAMAGES, INJURIES, DEATH OR ILLNESS CAUSED AS A RESULT OF ENROLLMENT OR PARTICIPATION IN THE MY CHAUFFEUR TRANSPORTATION COMPANY AND AFFILIATES VEHICLES TRANSPORTATION SERVICES.
b. THE CLAIM OR DISPUTE AROSE AS A RESULT OF DAMAGES AND LAW ENFORCEMENT DAMAGES, INJURIES, DEATH OR ILLNESS CAUSED AS A RESULT OF ALCOHOL CONSUMPTION IN MY CHAUFFEUR VEHICLES OR DURING OR IMMEDIATELY AFTER MY CHAUFFEUR TRANSPORTATION COMPANY AND AFFILIATES RENTAL PERIOD.
c. THE CLAIM OR DISPUTE AROSE AS A RESULT OF DAMAGES AND LAW ENFORCEMENT DAMAGES, INJURIES, DEATH OR ILLNESS NOT CAUSED BY MY CHAUFFEUR TRANSPORTATION COMPANY AND AFFILIATES NEGLIGENCE DURING OR IMMEDIATELY AFTER MY CHAUFFEUR TRANSPORTATION COMPANY AND AFFILIATES RENTAL PERIOD.
d. THE CLAIM OR DISPUTE AROSE AS A RESULT OF DAMAGES, INJURIES, DEATH OR ILLNESS CAUSED AS A RESULT OF THE WINE/BEER BOTTLE OPENERS, BROKEN GLASSWARE AND BEVERAGE SERVICE.
e. THE CLAIM OR DISPUTE AROSE AS A RESULT OF DAMAGES, INJURIES, DEATH OR ILLNESS CAUSED AS A RESULT OF SPOILED FOOD OR ALLERGIC REACTION BY THE USE OF PICNIC LUNCHES, FOOD INGREDIENTS (EVEN WHEN ALLERGIES ARE SPECIFICALLY STATED) & MEAL SUPPLIES SUPPLIED BY MY CHAUFFEUR TRANSPORTATION COMPANY AND AFFILIATES.
f. THE CLAIM OR DISPUTE AROSE AS A RESULT OF DAMAGES, INJURIES, DEATH OR ILLNESS CAUSED AS A RESULT OF ALL OTHER DAMAGES, INJURIES, DEATH OR ILLNESS DURING THE RENTAL PERIOD NOT SPECIFICALLY COVERED HEREIN.
In addition, I agree TO INDEMNIFY (that is, to secure against loss or damage; and to defend and satisfy by payment or reimbursement, including costs and attorney fees) Released Parties from any claim of loss, injury or death, brought by or on behalf of the Participants for whom I sign or anyone else, arising out of or in any way related to a loss suffered by me or any co-participant. These agreements of release and indemnity include loss or damage caused or claimed to be caused in whole or in part by the negligence of a Released Party, but not intentional wrongs or the gross negligence of a Released Party.
In the event of any lawsuit against My Chauffeur and My Chauffeur is not held liable, My Chauffeur will, seek damages for court costs, attorney fees and all other costs and fees associated with the lawsuit.
For the above noted consideration the undersigned further agrees not to make claim or take proceedings against any other person or corporation which might claim contribution or indemnity under the provisions of any statute or otherwise. In the event that any part of this RELEASE and INDEMNITY AGREEMENT is declared unenforceable, the remaining provisions shall remain in full force and effect.
My Chauffeur recommends, for safety reasons that the drop-off locations be at a single residence, hotel or multiple residences to eliminate the need for any persons to drive after a limo service. By contract, My Chauffeur holds no liability during or after a limo service for property damage, injury or death to any person resulting from a guest who is drinking and driving.
16. (CARD HOLDER MUST SIGN BELOW)
PRICING/ DROP-OFF TIME: ADDITIONAL CHARGES MAY APPLY: Group must return by the desired d/o time as per minute charges continue until the final ACTUAL drop-off time. The reservation group, not your driver is responsible for monitoring time during your My Chauffeur reservation. Your driver is NOT responsible for monitoring time or getting your group back at your desired (scheduled) drop-off time. The reservation group has full responsibility in returning to the drop-off location at their desired or scheduled time. If you want to avoid overage charges, then you must be sure to monitor your time and inform your driver of when to return to your drop-off location. The credit card holder is responsible for any and all extra-accrued time on the reservation date. The final contract price will be computed after the trip based on the ACTUAL hours and minutes used by the reservation group. The original scheduled drop-off time has no bearing on Final Pricing. Please Monitor Your Time. You may ask your driver for advice on any subject (Leave by time etc.) but the driver offering advice on any subject in no way relinquishes or transfers responsibility from the reservation group to your driver or any other party on any subject. As a courtesy, your driver will, on request, notify your group at your appointed time at the last stop. The additional hourly rate is listed under FINAL PRICING (Section 2) – Adjusted Chg.
17. DEFAMATION (DO NOT post false reports): Posting a false report on My Chauffeur social media accounts maliciously uttered and tending to injure My Chauffeur’s reputation is slander. The crime of slander is fined by the following amounts:
DEFAMATION/SLANDER
UP TO $110.00 EACH FALSE REPORT; $110.00 MINIMUM FINE; $550.00 MAX. FINE
*WHAT CONSTITUTES A ‘FALSE REPORT’ IS THE DECISION OF MY CHAUFFEUR EXCLUSIVELY. AFTER THE COMPLETION OF THE RESERVATION; FEES WILL BE CHARGED (IF APPLICABLE) AS OUTLINED IN THIS RENTAL CONTRACT; WITH NO NOTICE; AND AN INVOICE RECEIPT EMAILED TO THE CREDIT CARD HOLDER.
If you have complaints or concerns about your reservation, My Chauffeur is more than willing and eager to discuss it with you and attempt to come to a mutually agreeable resolution. We also offer a Testimonials page if you prefer to just submit some comments privately.
18. COMPLIANCE WITH LAWS. All itineraries must allow the driver and the Company to comply with all Federal, State and local regulations or ordinances. Drivers are limited to: a) 15 consecutive hours on duty in any one day (including ½ hour driver preparation; and b) of this 15 hours, a maximum of 10 hours may be actual driving hours. If your itinerary requires the use of more than one driver, either the price of the charter will be adjusted or the itinerary must be changed to allow for only one driver. Upon reaching your destination, if the drivers’ total on-duty hours have used, the driver must have a minimum of 8 hours off-duty. The Customer is responsible for the driver(s) overnight room accommodations, unless you and the Company have agreed in advance that the Company will provide the driver’s room and bill you for the charges.
19. EXTRA FEES. Parking, tolls, airport fees and entry fees for parks and/or attractions are the responsibility of the Customer.
20. SMOKING IN THE VEHICLES. No smoking is permitted in our vehicles. See #11 above, DAMAGE, CLEANING AND REPAIRS.
21. ACCOMMODATIONS FOR THE DISABLED. Our vehicles are NOT wheelchair accessible unless special accommodations are made. Groups with disabled members are responsible for providing trained personnel capable of providing assistance to the disabled in the event of an emergency.
22. OXYGEN BROUGHT ON BOARD. Groups with members using personal oxygen canisters must give the Company 72 hours advance notice. Group members may bring a maximum of four (4) oxygen canisters on the vehicle for their health needs. Each group member may have one (1) canister inside the vehicle and up to three (3) canisters per passenger properly secured in the baggage compartment. Canisters must be properly packaged by the group member in protective cases with safety caps on the valves. Canisters may not exceed 4.5 inches in diameter and 26 inches in length.
23. RESPONSIBILITY FOR BAGGAGE. The Company assumes no risk for handling baggage and other passenger’s property and is not liable for any loss of such items stored anywhere in the vehicle. Passengers may only bring baggage and other property in an amount that can conveniently be carried in the vehicle. Each passenger is responsible for removing all of their personal property and baggage from the interior of the vehicle at the end of each travel day and when the trip ends.
24. DEPOSIT. There is a $50.00-$200.00 ($250.00 for the tour bus) deposit per vehicle due at the time of your tour confirmation processed by credit card. If the deposit is not received when it is due, we will cancel the reservation.
25. (CARD HOLDER MUST SIGN BELOW)
FINAL PAYMENT:
a. If you paying by credit card, the physical card is required at the final drop-off location to process the payment, unless prior payment arrangements HAVE BEEN made. If you depart the drop-off location without processing the payment with your physical credit card, any of the following may occur:
i. A 20% driver gratuity may be added to the balance unless a gratuity was already included in pricing.
ii. A $50 ‘no-card’ service fee may apply.
b. The final payment is due on your reservation date unless satisfactory credit arrangements have been made and approved by My Chauffeur management in writing. Payment must be made in credit card or cash payable to MY CHAUFFEUR TRANSPORTATION LLC. We do not accept checks unless it is a CORPORATE check pre-paid at least 30 days prior to your reservation date. No Personal checks are accepted. We accept VISA, MasterCard, American Express, and Discover Card. A processing/handling fee of up to 5% CAN be charged when paying with a credit card.
26. OVERTIME FEES. Overtime fees are calculated at the end of your reservation and are determined by your actual drop-off time. Customers who ordered the ‘Recession Wine Tour’ have continuous fees (hourly rates) until the actual drop-off time. This encompasses your scheduled time + overtime. Customers who ordered the Full-Service tour option receives 15 minutes grace period after the scheduled drop-off time until an overtime fee is instituted. However, once the overtime fee is instituted, the additional charges will reflect (begin) from the scheduled drop-off time
27. FINANCE CHARGES. If you have made credit arrangements with us to pay after departure and you fail to pay on time, or for any other reason that we do not receive your payment on time, we will charge you a finance charge on all past-due amounts of 3% for each 30 day period that the bill is past-due.
28. PAST-DUE ACCOUNTS: Unless you dispute the validity of this debt or any portion thereof in writing, within 30 days after receipt of this notice, we shall assume the debt to be valid. Upon receipt of your dispute of the validity of the debt, My Chauffeur management will attempt to contact you to resolve the dispute. Likewise, you may contact My Chauffeur anytime at 503-969-4370. We report debts that have gone unpaid more than 90 days to the Credit Bureaus. 3% monthly interest due on unpaid accounts. Please make all checks payable to: My Chauffeur Transportation Co.
29. SEAT BELTS: ADULT BELT LAW: Oregon law requires that all motor vehicle operators and passengers be properly secured with a safety belt or safety harness, unless all safety-belt equipped seating positions are occupied by other persons. This applies to passenger cars, pickup trucks, motor homes, and fee-based people transport carrying fifteen or fewer persons. Limited exemptions are allowed under ORS 811.215. Vehicle owners are required to maintain belt systems in working order. CHILD RESTRAINT LAW: (effective July 1, 2007) Child passengers must be restrained in approved child safety seats until they weigh forty pounds. Infants must ride rear-facing until they reach both one year of age AND twenty pounds. BOOSTER SEAT LAW: CHANGE TO CHILD SEAT LAW effective January 2012: Current law requires children to move from a child seat to a booster after forty pounds. House Bill 3590 signed by Governor 6/9/2011 will allow continued use of child seats up to the highest weight limit allowed by the seat manufacturer, as an alternative to boosters, for children over forty pounds but under age eight or less than 4'9" tall. COMMERCIAL VEHICLES: As of January 1, 2006, Oregon's safety belt law requires occupants of commercial vehicles (defined in Oregon Revised Statute 801.210 as vehicles which are used for the transportation of persons for compensation or profit) transporting 15 or fewer persons to use safety restraints. This rule applies to occupants of shuttles, taxis, limousines, vans or any other type of vehicle meeting the statutory definition. Among these types of vehicles, taxi cab drivers and vehicles originally manufactured without seatbelts are the only occupants excepted from this rule. The law specifies that drivers of commercial vehicles are not responsible for ensuring that any of the passengers buckle up. Passengers over 16 years of age are responsible for securing their own safety belt and also for ensuring that any child accompanying them is properly restrained.
30. (CARD HOLDER MUST SIGN BELOW)
AUTHORIZATION TO CHARGE CREDIT CARD: BY SIGNING BELOW I HEREBY AUTHORIZE MY CHAUFFEUR (Company) TO CHARGE MY CREDIT CARD. BY PLACING MY CREDIT CARD ON FILE WITH MY CHAUFFEUR (IF APPLICABLE), I UNDERSTAND THAT MY CARD INFORMATION WILL BE ON FILE WITH MY CHAUFFEUR AND I MAY INITIATE PAYMENTS TO MY CHAUFFEUR USING THIS CARD. I UNDERSTAND THAT IF I SHOULD BECOME PAST DUE ON MY MY CHAUFFEUR FEES OR MY ACCOUNT SUSPENDED MY CHAUFFEUR MAY CHARGE MY FEES OWED TO THIS CARD. THIS AUTHORIZATION TO PERFORM CHARGES TO MY CARD WILL REMAIN IN FULL FORCE AND EFFECT UNTIL ONE OF THE FOLLOWING EVENTS: (I) THE TERMINATION OF MY ACCOUNT WITH MY CHAUFFEUR, (II) THE EXPIRATION OF MY CARD, OR (III) THE TERMINATION OF THIS AUTHORIZATION, NOTIFIED FROM ME TO MY CHAUFFEUR. All account financial balances must be at zero for the termination of your account or authorization to be processed.
APPLICABLE LAW: This contract is issued in accordance with state and Federal laws and regulations. This contract shall be deemed to have been made in the State of Oregon, and performed at least in part therein, and the enforcement and interpretation of this contract shall be subject to its laws and the applicable laws of the United States of America. This agreement is entered into voluntarily, and after careful consideration. Its terms cannot be supplemented or amended except in writing. I understand and agree that it is binding, to the fullest extent allowed by law, upon all persons signing below, their respective heirs, executors, administrators, wards, minor children (whether or not they are participants) and other family members. In the event that any part of this contract is declared unenforceable, the remaining provisions shall remain in full force and effect.
I have checked the details above & agree that they are correct. I accept the above price & the payment terms detailed in the attached letter. I agree that the price is based upon the information as known when the order was given & that change within 72 hrs of departure could result in a $50 charge. Payment in full is due on your reservation date unless credit arrangements have been made. Charter will be cancelled if deposit has not been received & default to cancellation fee.
I have read, understand AND AGREE TO this entire Liability Agreement (specifically #7, #11, #14, #15, #16, #25, #30 & #31)
This document, when, when agreed to, authorizes My Chauffeur Transportation LLC, to charge the credit card for the services pursuant to the charter agreement. This card will be charged for initial (base) charges and any additional charges including but not limited to; overage time, damage, extraordinary cleaning, tasting fees and meals as explained within your charter agreement (contract) after the trip departure date.
Electronic Signatures:
I declare as an authorized signer, that this document has been examined by me and that I agree to the Terms and Conditions described within it.
By entering my personal information and indicating my signature below, I am agreeing to conduct business electronically with My Chauffeur. I understand that transactions and/or signatures in records may not be denied legal effect solely because they are conducted, executed, or prepared in electronic form and that if a law requires a record or signature to be in writing, an electronic record or signature satisfies that requirement.
Please Note:
The designee (Credit Card Holder) must electronically sign this form by entering information below, checking the Sign box and AGREEING below.