Sober Chauffeur USA, Inc.
Customer Service Agreement
Terms and Conditions
The Customer desires to retain the services of Sober Chauffeur USA, Inc. (“SCUSA”) to provide a driver to operate Customer’s personal vehicle (“Chauffeur”) at the times and places requested or directed by the Customer (“Service”). Hours are billed, and shall be paid by Customer to SCUSA, in 15 minute increments after the minimum three hour time requirement and fee is met. SCUSA agrees to provide the Customer with Service requested under the following terms and conditions:
1. SCUSA herewith undertakes to render the Service to the Customer consisting of a chauffeuring service that will operate as follows:
a. A minimum of 48 hours advance notice is suggested when making a reservation request.
b. The Customer (along with any guests) and vehicle supplied by Customer will be collected by a Chauffeur at the address specified by the Customer (“Address”). The Address will be the same location where the Service will be completed.
c. The Chauffeur will only transport the Customer and any guests in the Customer’s own motor vehicle.
d. Upon arrival at the Address, the Chauffeur will wait for a period of 30 minutes for the Customer to meet and confirm the Service. If the Customer has failed to appear and confirm the requested Service within this time, the Chauffeur will be entitled to leave the Address without further notice to the Customer. Furthermore, SCUSA will be entitled to charge the Customer a cancellation fee in accordance with Section 7.
e. The Service is only available within the geographical areas and during times determined by SCUSA, as amended from time to time
f. SCUSA and the Chauffeur reserve the right to refuse to provide Service to Customer or to any other person if, in the Chauffeur’s sole discretion, such Service would be unsafe to the Chauffeur because: (i) Customer or such other person is intoxicated; (ii) Customer or such other person is armed, belligerent, violent, verbally or physically threatening or abusive; (iii) the vehicle is unsafe or illegal to drive, or (iv) any other facts or circumstances relevant to Chauffeur’s safety, as determined in Chauffeur’s sole discretion.
2. Customer hereby represents and warrants to SCUSA and the Chauffeur that as of the date of Service on which he or she requests the Service:
a. Customer is the rightful and legal owner, lessee, or caretaker of the vehicle being driven by the Chauffeur.
b. The vehicle’s registration, insurance, inspection, and license tags are current, and that the vehicle is covered by a fully comprehensive insurance policy in compliance with all applicable laws. A copy of a current registration and insurance card on the vehicle will be provided to the Chauffeur before the start of Service and retained by Chauffeur until the completion of Service.
c. The vehicle is maintained in good working condition and in compliance with applicable laws and has no defects or conditions that may cause the vehicle to be unsafe.
d. No contraband, substance or other items which are illegal for public transportation are concealed or present within the vehicle.
e. The vehicle has sufficient fuel to reach planned destinations and return to the Address.
3. Customer agrees to and authorizes the following:
a. To allow Chauffeur to drive Customer’s vehicle for the purposes set forth in this Agreement.
b. To obey all civil and criminal laws, including but not limited to seat belt and open container laws.
c. To avoid all physical contact with the Chauffeur before, during and after the pick-up, transportation and drop-off.
d. To pay any expenses, tolls, or fees required to get the Customer’s vehicle to its destination, including but not limited to: (i) fuel costs if Chauffeur, in his or her sole discretion, concludes based on the vehicle’s fuel gauge reading that the vehicle has insufficient fuel to reach the Address; (ii) towing or other emergency roadside expenses resulting from mechanical failure of the vehicle; and (iii) parking fees, tolls, and other Service related expenses.
e. Chauffeur may seek emergency medical care in the event Customer is injured or becomes ill during the Service.
f. Chauffeur may transport Customer’s vehicle back to the Address in the event of an emergency described in paragraph e. above. If necessary, keys will be retained by Chauffeur until such time as Customer or a family member or other authorized person authorizes their release. SCUSA may charge a delivery fee of the greater of $25.00 or actual costs incurred for the handling and return of vehicle keys.
g. Customer will ensure that the Chauffeur shall have clear and unimpeded access to the address at all relevant times to provide the Service, including a safe location to park his or her personal vehicle.
4. a. The Customer hereby agrees to indemnify, defend and hold harmless SCUSA, its directors, officers, shareholders, employees, and Chauffeurs, from and against any and all claims, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable attorneys’ fees and expenses and court costs, suffered or incurred by SCUSA or any Chauffeur as a result of, in connection with or arising out of:
i. the Service unless caused by the gross negligence or willful misconduct of SCUSA or any Chauffeur,
ii. any act or omission to act by Customer or any passenger transported with Customer, and/or
iii. any breach of any of the representations, warranties or covenants of Customer in this Agreement.
b. Customer is aware that various risks are involved in the Service. Such risks include, but are not limited to, the travel risks involved with traveling in a vehicle and giving control of a vehicle to another person. Despite these and other risks, Customer wants the Service and agrees to personally bear such risks, assuming full responsibility for any harm or damage that may result.
c. SCUSA and its Chauffeur’s liability for failure to perform under this Agreement or for injury or damage will be limited to the amount paid by Customer to SCUSA for the Service. In no event will SCUSA or its Chauffeurs be liable for any special, consequential, exemplary or punitive damages, even if advised of their possible existence.
5. Customer hereby represents and warrants that his/her motor vehicle being provided for Chauffeur’s operation is adequately covered by insurance for both personal injury and liability in the form of policy and in the minimum amounts required by the State of New York, regardless of whom the driver of the vehicle may be. Furthermore, Customer represents and warrants that his/her insurance coverage extend to alternative drivers as well as alternative drivers under the age of 25 driving the Customer’s vehicle so as to include any Chauffeur providing the Service.
6. Customer agrees to pay a fee to SCUSA for the Service in a minimum amount equal to $105.00 for an initial period of Service of up to three (3) hours (“Initial Period”), and after the Initial Period at the rate of $25.00 per hour in increments of 15 minutes. Payment for Service must be posted by providing SCUSA with a valid major credit or debit card number, expiration date, Card Security Code, and any other information that may be required to execute payment. The Customer authorizes SCUSA to charge his/her credit card account for the Service. Charges may be applied when the Service is reserved, and after the Service for time provided beyond initial reservation billed. The Customer is entitled to an invoice/receipt sufficiently detailing the Service provided. The Customer is liable to SCUSA for all costs incurred in the collection of any outstanding fees. Tips for Chauffeurs may be provided directly to the Chauffeur or through SCUSA payment system.
7. A cancellation fee equal to the three hour minimum charge (i.e. $105.00) will be incurred if notice of cancellation is received by SCUSA less than 24 hours in advance of the scheduled Service time, or if Customer is not available at the Address at the scheduled time of Service per Section 1.d. above. Customer agrees to provide reasonable notice in advance of any change to Service times and/or Address. SCUSA will be held harmless for any loss, monetary or otherwise, resulting from its inability to provide timely service, in the event reasonable notice of change was not received.
a. SCUSA provides the Service subject to availability and assumes no liability should all Chauffeurs be booked or unavailable when Service is requested.
b. This Agreement is governed by the laws of the State of New York, without regard to conflicts of law principals.
c. Customer agrees to make all arrangements for Service directly with SCUSA office personnel, or the SCUSA web site, and not solicit Chauffeurs directly for Service in any capacity.
d. If any provision of the Agreement is determined to be unenforceable, such provision will be deemed severed and the remaining provisions of this agreement will continue in full force and effect.
e. Each Chauffeur is hereby designated as a third-party beneficiary of this Agreement.
f. This Agreement constitutes the entire understanding between the parties and supersedes all proposals, commitments, writings, negotiations, and understandings, oral and written, and all other communications between the parties relating to the subject matter hereof. This Agreement may not be amended or otherwise modified except in writing duly executed by all of the parties.
Customer hereby declare that Customer has read and agrees:
1.To the terms and conditions of the Sober Chauffeur USA Agreement;
2.That the said Agreement will become effective and commence on the date of acceptance of payment by SCUSA;
3.That Customer will be bound by the said Agreement; and
4.That Customer is authorized and capable of entering into this Agreement.
Customer hereby agrees to the terms as stated above upon the authorization of the Service through the provision of payment information to SCUSA and/or authorization of payment on line or through electronic invoice.