SERVICE ORDER AGREEMENT – GENERAL TERMS AND CONDITIONS

(Including the Rule of Law (Intoxicated Persons), Liability Agreement, Agreements of Release and Indemnity, and Other Provisions)

LEGAL CONTRACT: Carefully read this entire document before signing.  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 signing 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 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:

CANCELLATION AGREEMENTS:

1.   GENERAL CANCELLATION/CHANGE IN RESERVATION AGREEMENT: For Gift Certificate holders; see below.  A $50.00 -$200.00 deposit is required. My Chauffeur reserves the right to cancel any reservation at any time (full refund applies).   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.   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}

a.      All reservations can be cancelled by customer within 24 hours of confirmation with ‘no penalty’.  $10 minimum cancellation fee applies.

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 to 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’, 100% of the SUB NET TOTAL WILL be charged to 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. Any cancellation of the said reservation must be confirmed in writing and received by My Chauffeur no later than the time line described above. Total # of people changes may require a re-confirmation of your reservation date.

2.   HOLIDAY CANCELLATION AGREEMENT (Thanksgiving & Memorial Day Weekends):  A $100.00 -$300.00 deposit is required. My Chauffeur reserves the right to cancel any reservation (with full refund unless conditions exist which state otherwise).  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 service is cancelled by the customer, the company HAS THE OPTION TO IMPOSE the applicable cancellation charges as follows: {see REFUNDS below}

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’; up to 100% of the applicable deposit will be charged to your reservation agreement.  All forfeited deposits and cancellation penalties may be used toward a future My Chauffeur service for up to 1 year.

c.                    If customer cancellation occurs less than 30 days prior to ‘reservation’, up to 100% of the ‘MINIMUM TRIP CHARGE’ may be charged to your reservation agreement.  All deposits are forfeited.

d.                    If customer cancellation occurs less than 2 hours prior to ‘reservation’, up to 100% of the SUB NET TOTAL may 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. 

e.                    Lunch costs—If My Chauffeur is not able to get a refund on your ordered lunches, 100% of the lunch costs are added to the cancellation agreement above under items a, b, c,& d.

f.                     In the event your deposit is refunded after 24 hours (see above), an automatic 3% processing fee of the deposit amount will be charged to your reservation agreement.

3.   CANCELLATION POLICY (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.

4.   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

1.      All reservations can be cancelled by customer within 24 hours of confirmation with ‘no penalty’. 

2.      If customer cancellation occurs after 24 hours of confirmation and up to 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 or more. 

3.      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 or more. 

4.      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. 

5.   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.

6.   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.

7.   THE RULE OF LAW (INTOXICATED PERSONS): The safety of all is our #1 priority.  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 production, sales and 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:

o      'Hard alcohol' is DISCOURAGED inside our vehicles.  Prohibited if not all participants is not the legal drinking ages (21 years).

o      Drinking wine or beer responsibly & moderately is allowed inside our vehicles. Prohibited if not all participants is not the legal drinking ages (21 years). It is also prohibited in the seat immediately adjacent to the driver’s seat in all vehicles.  Charges apply for sickness on or inside the vehicle (see #8 below).

If any party member shows signs of excessive intoxication as determined by the chauffeur; any of the following may occur:

1.     All alcohol will be removed from the passenger compartment of the vehicle by the chauffeur.

2.     The tasting room/bar staff will be notified by the chauffeur that this person may be excessively intoxicated. 

3.     The rental agreement may be terminated.  If the termination of the rental agreement is instituted, no refunds will be issued.

4.     If a reservation guest is too intoxicated to drive home after the reservation, My Chauffeur will, on request, arrange for a driver or a taxi.  See INDEMNITY CLAUSE (#14) below.

If the reservation group in general has become visibly intoxicated; our chauffeurs are required to return them to their drop-off location.  Once an establishment has refused service to a guest being visibly intoxicated, or displaying rude or disruptive behavior, our chauffeurs will not take the guests to any additional establishments.  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.  Oregon state law prohibits serving a visibly intoxicated person any additional alcohol, even if they have a designated driver.

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: 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, trip costs, additional reservation time, hourly time, lunches, tasting fees, winery 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 operated and the ACTUAL type of vehicle.  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.  The credit card holder agrees that any of his/her or his/her guests activities or behavior deemed by the chauffeur to be illegal or perilous or if the safety of the group or chauffeur comes into question, or if vehicle damage or threat of vehicle damage is apparent to the chauffeur, the credit card holder agrees that this will result in immediate termination of the job with no refund.  The company’s decision is final.  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.  If applicable, tour guide duties and payment of the tasting fees (see pricing above) is a courtesy offered by My Chauffeur.  My Chauffeur is under no legal obligation to neither be a tour guide nor pay the tasting fees at any winery.  Discounts will not be given for vehicle accessory failure.  The customer may elect to end the reservation because of any vehicle accessory failure; in which case a refund will be issued to the customer’s rental agreement in the amount up to the unused portion of the reservation.  Offered discounts are not guaranteed, and may be voided by My Chauffeur management at any time.

11. _________________ (CARD HOLDER MUST SIGN OR INITIAL) 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; the 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:

Damage/Cleanings to the following will be paid for immediately by charging the following amounts to the customer’s rental agreement:

SICKNESS IN OR ON VEHICLE

UP TO $250.00 EACH; $750.00 MAX. FINE

BROKEN GLASSWARE, MISSING READERS

UP TO $5.00 EACH

GUM, MINOR OR MAJOR SPILLS, SMOKING IN CAR, FOOD SPILLS

UP TO $100.00 EACH; $750.00 MAX. FINE

DAMAGED CD/ DVD PLAYER/ TV

$350.00 EACH

BROKEN WINDOW

UP TO $1000.00 EACH

TEAR, CUT OR BURN TO COUCHES

$300.00 EACH

MISSING CDs, DVDs, BOOKS, CORKSCREWS

$10.00-$30.00 EACH

FOOD INSIDE THE VEHICLE (CLEAN UP FEES BEYOND THE ‘NORMAL’ APPLY)

$75.00/HOUR FEE

ANYTHING ELSE WILL BE ESTIMATED BY A PROFESSIONAL PERSON

 

 

 

 

 

 

12.   STANDING WHILE BUS IS IN MOTION: Buses may start or stop suddenly.  Due to the nature of the 14 passenger limo bus, and that it is a bus, designed to allow standing, all passengers are requested that they are not to change seats and remain seated at any time the vehicle is in motion.  Furthermore, due to the nature of the 14 passenger bus, and that it is a bus, that allows standing, and that alcoholic beverages are allowed on board, that each passenger “rides at their own risk”.  My Chauffeur will not be responsible for any passenger that injures his or herself in any way while aboard the vehicle or during the rental period.  My Chauffeur will not be responsible for injuries sustained to any passenger, or inflicted by another passenger either accidentally or purposefully.  Charter groups must provide adequate supervision and discipline.

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.  _________________ RELEASE and INDEMNITY: 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:

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.

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. 

15.  CREDIT CARD AUTHORIZATION:  BY SIGNING BELOW I HEREBY AUTHORIZE MY CHAUFFEUR (Company) TO INITIATE AN AUTHORIZATION FOR THE RESERVATIONS NET DOLLAR TOTAL OR ITS EQUIVALENT (CREDIT CARD), OR, AN AUTHORIZATION FOR THE RESERVATIONS NET DOLLAR TOTAL OR ITS EQUIVALENT (CREDIT CARD) OR, AN AUTHORIZATION FOR THE RESERVATIONS NET DOLLAR TOTAL OR ITS EQUIVALENT + A $300.00 AUTHORIZATION (DEBIT CARD), TO VALIDATE THE CARD IS IN GOOD STANDING, AND TO SECURE THE RESERVATION. THIS AUTHORIZATION WILL NOT BE CHARGED AGAINST MY CREDIT CARD OR CREDITED TO MY MY CHAUFFEUR ACCOUNT.  NOTICE IS HEREBY GIVEN THAT IF FOR ANY REASON AN AUTHORIZATION IS NOT POSSIBLE ON THE INVALID CREDIT OR DEBIT CARD AND THE RESERVATION IS SUBSEQUENTLY CANCELLED BECAUSE OF THE INVALID CREDIT OR DEBIT CARD, THEN THE DEPOSIT WILL BE FORFEITED.  BY PLACING THIS CARD ON FILE 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.

16. SEAT BELT LAWS: My Chauffeur complies with Oregon State Law regarding the use of seat belts and child restraints. We do not provide child safety or booster seats for passengers. Any passenger requiring such a seat will need to provide their own.

Oregon's seat belt law states:

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, pick up 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: (effective July 1, 2007) Children over forty pounds must use boosters to 4'9" tall unless they have reached age eight.

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 these 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.

17.  VIOLATIONS: Failure to comply with the My Chauffeur Terms of Service may result in the following actions taken:

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.

 

You may print the above 'service order agreement' for reference, if desired.