Charters 365, Service Agreement and Policies of Merchantability
1. DEFINITIONS: Agreement; means all terms and conditions found on this document, any addenda and any additional materials provided by Charters 365, as part of the Service. Purchaser, Client, Customer You or Your; means the Person, Organization, Company or Corporation identified as the Passenger and Authorized Passengers, Guests or Users and any other Person onboard of Charters 365 chauffeured Vehicle(s) hired by the Customer, jointly and severally bounded by this Service Agreement. The Company, We, Our, Us, Contractor or Service Provider; means Charters 365 and its Sub-Contractors, Affiliates, Agents, Officers, Directors, Partners, Employees and Assignees, collectively or individually contracted to provide the Service to Customers. Service; means the specific work to be done by The Company for the benefit of The Customer in exchange for an agreed monetary compensation as outlined on a written Reservation Detail and under the terms if this Service Agreement. Vehicle; means any passenger motor-vehicle and all its tires, tolls accessories, equipment, keys and vehicle documents identified in this Service Agreement, hired by the Customer and operated or Sub-Contracted by Service Provider.
2. RESERVATIONS: All reservations are subject to availability and must be pre-paid in full at least 15-days before the day of the trip. All fees are NON-REFUNDABLE and bookings are final for the date, time and minimum hours requested. If any part of the trip is unused it has no value after the trip is completed. All rescheduled trips will be subject to market rates.
3. DEPOSITS: All deposits and partial/full payments are NON-REFUNDABLE and Customer hereby agrees and authorizes Charters 365 to automatically charge the balance amount to Customer’s credit card on or before 15-days prior to the day of Service. If charges are declined, Customer must provide another form of payment within 24-hours or the trip will be automatically cancelled, deposits forfeited and special rates and discounts voided.
4. TRIP CHARGES: Estimated trip charges are based on the itinerary information provided by the Customer; which is hereby acknowledged and agreed to have been reviewed, approved and deemed accurate by the Customer, total charges may vary based on final itinerary. It is also further understood and agreed between the parties hereto that: A) Subcontractors and/or Drivers bare no authority whatsoever to negotiate the terms of this agreement and/or the services provided and/or the charges associated with such services on behalf of Charters 365 B) Customers are NOT REQUIRED under any circumstances to make cash payments and/or disclose any credit card information to the drivers. C) Charters 365 will not acknowledge or be liable and/or responsible for any and all implied and/or assumed, verbal and/or written, contractual and/or financial negotiations between the subcontractor/driver and the Customer.
5. ITINERARY Any deviations, rescheduling or changes to original itinerary and/or type of Vehicle and/or number of Passengers may be subject to availability and possible extra charges.
6. PAYMENT: Customer hereby agrees to compensate Charters 365 upon demand, in full and without delay, for all amounts due, such as but not limited to: Services Rendered, Incidentals, Cancellations, Late Fees, Damages, Lost of Use, etc. Furthermore, Customer hereby agrees and authorizes Charters 365 to debit Customer’s credit card for any and all amounts due and waves his/her right to dispute such charges.
7. METHODS OF PAYMENT: Reservations can be paid by: Credit Card (American Express, Discover, Master Card or Visa), PayPal, Wire Transfer, Western Union, Company/Personal Checks and/or Direct Deposit. Without exception and regardless of the chosen method of payment, Customer must provide Credit Card information in order to guarantee Reservations, Damages and Incidentals.
8. INCIDENTALS: Whenever additional expenses are generated as a result of the Services provided to the Customer such as, but not limited to: Airport Permits, Parking Fees, Cruise Port Access, Tolls, Driver’s Lodging, etc. or due to the Customer’s request for additional Services not previously included as part of the original charges; such expenses will be billed separately and invoiced to the Customer after the trip as Incidentals or Supplement Charges.
9. INVOICES All invoices are due upon received and Customer has up to 10-days grace period for Payment, on the 11th day Invoices become Past Due and will be charged a one-time Late Fee of $35.00. All returned checks will be charged a one-time NSF Fee of $75.00 per occurrence, Customer will forfeit promotional discounts and/or special rates, standard rates will be retroactive and will become part of the new balance due. After an NSF occurrence Customer must restitute all moneys and fees owed to Charters365 within 48-hours by: Wire Transfer, ACH Payment, Cashiers Check, Money Order or Cash Deposit. The Offenses of Issuance of Bad Check and/or Theft by Check is the Issuance of Bad Check, Section 32.41 of the Texas Penal Code. It is a crime for a person to issue or pass a check knowing that the person did not have sufficient funds and is classified as a felony that can carry up to a two year jail sentence and a fine of up to $5,000.00 or both. At its own discretion Charters365 will report and assist the District Attorneys Office to prosecute violators.
10. PAST DUE PAYMENTS: Whenever a Customer defaults Payment on a Past Due amount for more than 30-days, it becomes Delinquent. All Delinquent accounts are subject to be considered theft by service and Charters 365 will prosecute to the fullest extent of the law. In the event that such actions are deemed necessary, the Customer shall be responsible for all collection expenses, court cost, filling fees, prorated finance charges (21% annually) and reasonable attorney fees. Any payments received on a delinquent account, will be first applied to finance and other charges and then any excess to the discharge of the delinquent amount. All available Customer information will be used, divulged and shared as needed in efforts to collect such debt.
11. LOST AND FOUND: Charters 365 is not responsible for any lost, damaged or stolen property left in our Vehicles or driver’s custody. This includes but is not limited to: Cash, Jewelry, Antiques, Negotiable Instruments, Keys, Computers, Phones, Personal Effects, Camera Equipment, Luggage, Etc. Any such items left behind on our Vehicles (if found) can be retrieved by Customer at Customer’s expense, all unclaimed items (if any) will be discarded after 30-days. All Customer personal belongings are brought into Our Vehicles at Customers’ own risk.
12. VEHICLE DAMAGES: Customer will be charged a reasonable Repair Fee for any intentional or accidental Damages inflicted on the Vehicle by the Passengers and/or a Replacement Fee for any supplies, fixtures or accessories removed from the Vehicle by the Passengers and /or a one-time Cleaning Fee of $300.00 in the event of excessive trash, smoking, spillages and/or the secretion of bodily fluids in the Vehicle by the Passengers.
13. LOSS OF USE; The total number of days and hours that Charters 365 Vehicle is inoperable due to Damages caused by Customer, will constitute “Loss of Use” and it starts from the time when the Damages occurred and ends when the repairs are finally completed. Such charges are based on daily or hourly rates (whichever is lesser), plus administrative expenses.
14. VIOLATIONS: While onboard of Our Vehicles, Customer understands and agrees to the following as a violation of this Service Agreement and constitutes a breach of contract: A) Customer possession and/or consumption of illegal drugs. B) Customer contribution to the delinquency of a minor by providing drugs, cigarettes or alcohol. C) Customer smoking, eating or consuming alcohol onboard the Vehicle. D) Customer carrying firearms and/or concealed weapons (except for duly licensed law enforcement officers or military personnel on duty).
15. TERMINATION: Charters 365 reserves the right to refuse Service to anyone and/or terminate Services in progress if: A) Driver suspects the Customer is involved in illegal activity or in Violation of this Service Agreement. B) Customer is verbally or physically abusive or disrespectful to the driver. C) Customer is interfering with the driver’s performance. D) Customer abuses or vandals the Vehicle accommodations. E) Customer is under the influence of drugs or highly intoxicated or belligerent or behaves in such manner that represents a safety hazard to self and others. F) While in transit Customer’s check is returned by the bank unpaid due to insufficient funds or a stop payment and/or Customer’s credit card is declined or charges have been disputed. If Termination is deemed necessary, the Customer will remain liable for minimum and/or reserved hours and does waive remedies by recourse.
16. DELAYS: Customer agrees and understands that Charters 365 will not be liable or financially responsible for any direct, incidental, coincidental or consequential damages attributed in part or in full as a result of time delays caused by situations beyond Our control such as, but not limited to: Mechanical brake-downs, traffic accidents, traffic congestions, inclement weather and/or acts of God.
17. BREAK DOWNS: Customer agrees and understands that Charters 365 will not be liable or financially responsible for any direct, incidental, coincidental or consequential damages attributed in part or in full as a result of the Vehicle’s malfunction or any of its mechanical and/or electronic components and accessories.
18. VEHICLE AVAILABILITY: At its own discretion Charters 365 reserves the right to substitute Vehicles as needed. If in the event of: delays, mechanical breakdowns, inclement weather, Vehicle’s unsafe performance and/or acts of God. If the Vehicle substitution represents a rate increase, Charters 365 must first obtain Customer’s approval for the substitution and extra charges. If the Vehicle substitution will not affect the rate, no Customer approval will be required. Charters 365 makes no implicit or intrinsic guarantees to Customer regarding: The year, make, model, style, color and/or features of the Vehicle reserved, however, We will make all reasonable efforts to honor Customer’s request on a first come, first served basis. In most cases the pictures and images posted on our website are strictly symbolic or conceptual and not accurate representations of the actual Vehicles available. These images cannot be interpreted as the real or current picture of the hired Vehicle, unit assignments are based on availability, maintenance schedule, type of trip and number of passengers.
19. CANCELLATIONS AND NO SHOWS: Full charges will apply for No-Shows, Same-Day Cancellations and Cancellations made within 15-days prior to the trip date. Customer will not be allowed to reschedule a trip within 15-days prior to the trip date, as that would be considered a Cancellation. Rescheduled trips will be subject to market rates and availability.
20 ACKNOWLEDGMENT: Customer understands, agrees and acknowledges that by contacting Charters 365 making Reservations and/or entering Our Vehicles and/or utilizing Our Services and/or executing a financial transaction with Our Company, the Customer will become engaged by default in a contractual obligation with Charters 365 and this Service Agreement will become an enforceable and binding document. It is Customer’s responsibility to review the terms and conditions listed on this Service Agreement posted online at www.charters365.com, Charters 365 makes no implied guaranties whatsoever.
21. FORCE MAJEURE: Neither Purchaser nor Contractor shall be required to perform any term, condition or covenant in this Agreement so long as performance is delayed or prevented by Force Majeure which shall mean, but is not limited to: Inclement Weather, Acts of God, Material or Labor Shortages, Governmental Restrictions, Strikes, Lockouts, Riots, Floods, Snowing, Hurricanes, Storms, Earthquakes, Airport Shutdowns, Road Closures and any other causes not reasonably within the control of Purchaser or Contractor and which by the exercise of due diligence Purchaser or Contractor is unable, entirely or in part to prevent or overcome.
22. MISCELLANEOUS: A) In case that any single or several of the provisions contained in this Service Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions thereof and this Service Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. B) In the event of any billing concerns, invoicing disputes, alleged overpayments, requests for credit, cleaning-fee refunds or any and all other payment issues; Customer must address such concern to Charters365 in writing, within 10-days immediately following the end of their trip. Customer’s failure to comply with this provision constitutes Customer’s agreement and acceptance that all charges and transactions are deemed to be accurate and final and without further recourse. C) This Service Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or verbal agreements between the parties respecting the within subject matter. D) This Service Agreement may not be changed or modified except by amendment hereto, in writing, signed by the parties involved. E) Either party may not assign, except when for obvious reasons; Charters 365 must rely on a 3rd party to provide the Services or if Customer relinquishes trip ownership to another party, in which case this Service Agreement shall continue to be binding upon and insure the benefit of the parties hereto and their respective successors and assigns.
23. ONLINE USAGE: Charters 365 hereby disclaims all implied warranties, including the implied warranties of merchantability and fitness for a particular purpose. In no event shall Charters 365 be liable for any indirect, punitive, incidental, special or consequential damages (including claims for lost profits or lost business) arising out of or in any way connected with the use of the Company’s website, with the delay or inability to use this website, or for any information, products, reservations, or services obtained or contracted for through this website or otherwise arising out of the use of such website, whether based on tort, strict liability or otherwise, even if the Company has been advised of the possibility of damages. All information contained in the Company’s website is subject to change or termination without notice. Some restrictions may apply for certain services, promotions, specials, programs and/or discounts. All Services are subject to the terms and conditions listed under Charters365 Service Agreement. Copy Right Charters 365 1994, all rights reserved.
24. PROPRIETARY INFORMATION: Customer agrees and understands that all Customer’s data and personal information is the sole property of Charters 365 to be use at the Company’s discretionary venues and without requiring Customer’s approval, prior knowledge or consent. Customer agrees to hold Charter’s 365 not at fault or financially liable for any Customer’s personal or financial information lost as a result of computer failure, hacking attempts, online viruses or stolen data.
25. CONFIDENTIALITY: Charters 365 at its sole discretion and without the Customer’s expressed verbal or written permission and/or prior knowledge, at any time, in any manner, either directly or indirectly, in its entirety or in part; may use, duplicate, discuss, review, divulge, disclose and/or communicate Customer’s information as deemed necessary to other person or business entity, in so far as to Services provided to the Customer. This provision shall continue to be in effect indefinitely after the conclusion of Services. Unless otherwise indicated or obvious from the nature of the transmittal, the information contained in this document is privileged and confidential information intended for the sole use of the individual or entity conducting business with Charters 365. If the reader of this document is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any viewing, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender and return this document.
26. APPLICABLE LAW: THE LAW OF THE STATE OF TEXAS, WITHOUT REFERENCE TO ITS CONFLICT OF LAW PROVISIONS, SHALL GOVERN THIS AGREEMENT. ANY ACTIONS BROUGHT TO ENFORCE ANY PROVISIONS OF THIS AGREEMENT SHALL BE BROUGHT IN THE STATE COURTS OF TEXAS AND VENUE LIE IN HARRIS COUNTY
27. INDEMNIFICATIONS: A) Customer shall indemnify, defend and hold Charters 365 and its respective Sub-Contractors, Affiliates, Agents, Officers, Directors, Partners, Employees, and Assignees (hereinafter globally referred to as Indemnitee) harmless, from any and all claims, liabilities, demands, losses, damages, expenses, and costs of any nature or kind including attorney fees, assessed against, or incurred by such indemnified parties (The Losses) arising from or relating to or alleged to arise from or relate to, in whole or in part, to the Services, Vehicles, and Drivers provided as part of this Service Agreement, notwithstanding the foregoing, Charters 365 shall not be obligated to indemnify Customer, as stated above, against any losses, to the extent the same are finally adjudicated to have been caused by the negligence or willful misconduct of any Indemnitee. B) Customer shall have the right, at their option, to participate at their own expense in the defense of any suits covered by this provision without the relief of any obligations hereunder. C) Customer indemnifies and will defend and protect Charters 365 from all losses, claims, expenses and damages arising from or out of the presence or activity of Service Provider Indemnitee.
28. ELECTRONIC AGREEMENT: Herby Customer agrees to receive Service Agreement, disclosures, account Information and other related communications electronically, by doing so Customer acknowledges and agrees that such action constitutes a binding contractual obligation pursuant to the Electronic Signature in Global and National Commerce Act.