Terms & Conditions
The following terms govern your use of the transportation services (“Services”) offered by Luxury Worldwide Transportation LLC. By using Luxury’s services, you unconditionally agree to and accept the Terms of Service set forth below. If you do not agree to accept the Terms of Service in their entirety, please do not use the Services.
Services are provided by independent contractors affiliated with Luxury Worldwide Transportation LLC, (hereinafter referred to at times as “Luxury,” “We,” “Us” or “Our”). Our Agreement with You (“You,” “Your” or “Client”) is conditioned upon Your consent to and acceptance of all the terms and conditions set forth in this Agreement. Any use of the Services by You shall be deemed to constitute Your acceptance of the terms and conditions set forth in this Agreement.
Client acknowledges that Luxury provides fare referral, billing and related services, and that actual transportation services are provided by independent contractors, none of whom are employees of Luxury.
1. Transportation Rates.
You agree to pay the transportation rate set forth in the Luxury Worldwide Transportation LLC Rate Book according to its billing policies (Including but not limited to waiting time, “no show” charges, disbursements such as tolls and parking, plus a Processing Fee charge for each ride taken. You further agree to pay any and all applicable taxes, assessments or surcharges imposed now or in the future by any governmental or regulatory agency, including the Black Car Operators Injury Compensation Fund.
2. Payment.
All billable/invoiced accounts are due Net 30 days. Payment for services is to be by check, credit card or electronic payment. Any requests for billing adjustments must be submitted in writing within 14 days of the date of the invoice. A finance charge of 1.5% month will be added to the following invoice on amounts due on the previous invoice. If Luxury refers Client’s account to collections (including, but not limited to referrals to a collection agency or attorney), Client agrees that in addition to the charges and late fees which may be due, Client will reimburse Luxury for collections costs of the unpaid balance, including late fees. Luxury reserves the right to discontinue service to Clients with past-due balances.
3. Discounts.
Certain high-volume accounts qualify for a volume discount. The discounted rates are set forth in a separate rate book issued to qualified accounts. The discount will be lost, and standard rates as set forth in the Luxury Worldwide Transportation LLC Rate Book shall apply, if the Client’s account is past-due, and/or of the account volume drops below the minimum usage threshold established for the account. The discount will be reinstated on future charges only when Client’s balance is paid in full for all invoices, and/or when volume meets the minimum threshold.
4. Use and Collection of Account Information; Privacy.
Client authorizes Luxury to verify all information provided in connection with Client’s application for service though a credit reporting agency. All information provided to Luxury in connection with Client’s application shall be kept strictly confidential, securely maintained, and used in accordance with Luxury’s Data Security and Privacy Policy.
5. Vouchers; Account Restrictions.
Client must notify Luxury, in writing, in the event any of Client’s vouchers or VIP cards are misplaced, lost or stolen, or client no longer wishes for any VIP cardholder to use the account. On “unrestricted” accounts, Luxury does not verify the users. Client is responsible for any unauthorized use of services if written notice is not received and acknowledged by Luxury. In the event you believe the security of your account has been compromised, or have any questions or disputes concerning charges to your account, you agree to notify Us as soon as possible.
6. Service Area; Affiliates.
Luxury’s affiliated independent drivers are licensed by the New York City Taxi & Limousine Commission to provide transportation services throughout the New York Metropolitan area. In the event Client requests that Luxury arrange ground transportation services in areas out of its service area through the use of affiliates, Client understands that Luxury does not own, control or exert any influence over the affiliate and that Luxury is booking the reservation and working with the affiliate as an accommodation for Client.
7. Damages; Cleaning Charges.
In the event You cause damage to the Driver’s vehicle or soil the vehicle (e.g. spilled food or drink, unlawful smoking, vomit, etc.), You agree that we may impose a reasonable charge on behalf of the Driver to cover the documented cost of vehicle repairs and/or cleaning (“Damages Charge”). The Damages Charge typically ranges from $100-$200 and will be remitted to the Driver. The imposition of the Damages Charge is intended to function as a procedure for efficiently resolving any dispute between You and the Driver resulting from damage or soiling caused to the Driver’s vehicle, however in the event the cost of remediating the damage or soiling exceeds the Damages Charge, the Driver may pursue recovery of these additional costs from You.
8. Insurance.
All Drivers are independent vehicle owners and/or operators and procure insurance in accordance with local applicable regulations. As with any automobile insurance policy, additional insurance terms, limitations, and exclusions apply.
9. Personal Items.
Luxury shall not be responsible for any personal items left by Client in a vehicle. Notwithstanding the forgoing, in the event Client belongings are left in the vehicle, the client should notify Luxury customer service, which will make every attempt to locate and return the lost items.
10. Term and Termination.
You may discontinue your use of the Services at any time. Notwithstanding such termination, You will be responsible for all valid charges incurred prior to termination. Should You default with respect to Your payment obligations, we reserve the right to terminate Your use of the Services, in which event we will notify You via e-mail that your account has been terminated.
11. Restricted Activities.
You covenant, warrant, represent and agree that You shall only use the Services in a matter that is consistent with the terms of this Agreement, and all applicable laws, rules and regulations. You further agree that should you misuse the Services in a manner inconsistent with the terms of this Agreement and/or any applicable laws, rules and regulations, your account may be terminated. Without limitation, misuse of the Services shall include any of the following: intentionally or negligently providing information to Luxury that is false, inaccurate or misleading; using the System for any illegal or unlawful purpose; submitting false requests for service; violating Luxury’s policies or any law, statute, rule or regulation applicable to the Services; and transferring or selling Your account to any third party.
12. Intellectual Property.
We own all intellectual property rights in and to the Luxury name and related Services in their entirety. Such rights include without limitation all copyright, patent, trademark and other similar rights.
13. Limitations of Liability.
The Services are offered and provided without any warranty or condition, express, implied or statutory. We expressly disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state.
Due to traffic, weather, driver availability and other variables, Luxury makes no representation, warranty or guarantee that the Services and/or specific vehicles will be available at all times, nor does it make any representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services, or that the services will be uninterrupted or error-free. Luxury disclaims all liability for any incidental, consequential, or indirect damages including without limitation those damages arising from service interruptions, including without limitation missed flights. Luxury further disclaims liability for direct, indirect, incidental and/or consequential damages arising out of the use of the Services, including without limitation, physical damages, bodily injury, death and/or emotional distress.
WE DO NOT WARRANT OR GUARANTEE THAT ANY RIDES BOOKED THROUGH THE SERVICE WILL ULTIMATELY OCCUR OR BE COMPLETED, OR THAT PASSENGERS WILL BE PICKED UP OR DROPPED OFF AT A SET TIME. LUXURY DOES NOT GUARANTEE THE SERVICES PROVIDED BY DRIVERS. BY USING THE SERVICES, YOU AGREE AND ACKNOWLEDGE THAT LUXURY HAS MADE NO SUCH CLAIMS OR PROMISES AND THAT LUXURY SHALL NOT BE LIABLE FOR ANY RESULTING DAMAGES OR LOSSES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LUXURY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LUXURY SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF LUXURY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LUXURY OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN PROVIDING THE SERVICES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
14. Disputes and Legal Claims.
This agreement is made under and shall be governed by the laws of the State of New York. Any action or proceeding based on or relating to this Agreement shall be brought in the courts of the State of New York, Kings County. Client consents to jurisdiction of such courts and agrees that any process or other documents may be served upon Client by certified mail, return receipt requested, mailed to the customer at the address set forth above.
15. General.
Services are provided in accordance with the laws of the State of New York without regard to choice of law principles. If any of the terms set forth herein are held to be invalid or unenforceable, such term shall be modified to the extent possible or struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. These terms and any related agreements You enter into with Us set forth the entire understanding and agreement between the Customer and Luxury with respect to the subject matter hereof. Sections referring to Services, Liability Limit, and Resolution of Disputes shall survive any termination or expiration of this Agreement. By using the Services, You do hereby represent and warrant that You have read, understand and agree to all terms of Agreement.
