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SERVICE ORDER AGREEMENT – GENERAL TERMS AND CONDITIONS: |
LEGAL CONTRACT: 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 and My Chauffeur Wine Tours (the “Company”, “Us”, and “We”) agrees to furnish service to you (“Customer”, or “You”). When you sign this document it is a legally binding contract, and it can only be changed by a later written agreement between us. Carefully read this entire document before signing.
CANCELLATION/CHANGE AGREEMENT: For the Thanksgiving Day/Memorial day weekends, see below. A $100.00 -$300.00 deposit is required. My Chauffeur reserves the right to cancel any tour at any time (full refund applies). My Chauffeur reserves the right to change any tour schedule and to substitute or cancel stops or other features on any tour 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 tours 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 2 hours prior to ‘reservation’; 100% of the applicable deposit will be charged to your reservation agreement. Forfeited deposits may be used toward a future My Chauffeur service for up to 1 year.
c. If customer cancellation occurs less than 2 hours prior to the ‘reservation’, up to 100% of the SUB NET TOTAL will be charged to your reservation agreement.
d. 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.
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 tour date.
HOLIDAY CANCELLATION AGREEMENT (Thanksgiving & Memorial Day Weekends): A $100.00 -$300.00 deposit is required. My Chauffeur reserves the right to cancel any tour (with full refund unless conditions exist which state otherwise). My Chauffeur reserves the right to change any tour schedule and price and to substitute or cancel stops or other features on any tour 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}
All tours can be cancelled by customer within 24 hours of confirmation with ‘no penalty’.
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.
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.
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.
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.
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 tour date.
CANCELLATION AGREEMENT (GIFT CERTIFICATES): My Chauffeur reserves the right to cancel any tour (with full refund). My Chauffeur reserves the right to change any tour schedule and price and to substitute or cancel stops or other features on any tour 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 tours 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 $100 fee is required for groups up to 8. A $200 fee is required for groups up to 14 or more.
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 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.
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.
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 tour date.
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.
REFUNDS: In the event of a cancellation after the ‘no penalty’ phase (see A, Sec. 2 above) and within the cancellation agreements (stated above), all deposits will be forfeited and My Chauffeur HAS THE OPTION TO IMPOSE the cancellation fees as outlined above. In the event of a re-booking by another party of your reservation date and vehicle, all or part of the forfeited deposits or fees may be refunded or applied to your new rental agreement. The final decision in refund matters though, rests solely with My Chauffeur. My Chauffeur occasionally has to use backup affiliate companies to perform our tours. In this situation, we cannot guarantee refunds based on the services received.
THE RULE OF LAW (INTOXICATED PERSONS): My Chauffeur recognizes our responsibility to encourage people to enjoy wine (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 NOT allowed inside our tour vehicles.
o Only drinking wine or beer responsibly & moderately is allowed inside our tour vehicles.
o 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 (#14) below.
If any party member shows signs of excessive intoxication as determined by the chauffeur; any of the following may occur:
a. All alcohol will be removed from the passenger compartment of the vehicle by the chauffeur.
b. The tasting room staff will be notified by the chauffeur that this person may be excessively intoxicated.
c. The rental agreement may be terminated. If the termination of the rental agreement is instituted, no refunds will be issued.
d. 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.
TIME OF ARRIVAL AND DEPARTURE: 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.
FORCE MAJEURE: Neither party shall have any liability 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, transportation interruption of any kind, strikes, the hazard or dangers incident to a state of war, accidents, breakdowns, road conditions, weather conditions, and other conditions beyond the Company’s or Customer's control.
LIABILITY AGREEMENT: Not all conditions may apply. The credit card holder is responsible for all charges ordered in this agreement: including, but not limited to, trip costs, tour costs, additional tour time, restaurant dining costs, additional vehicle hourly time, lunches, winery tasting fees, winery facility tour fees, lodging accommodations, ballooning package costs, Oregon Symphony package tickets/other costs , chauffeurs gratuity, pick-up/drop-off location charges, airport transfers 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 tour. The credit card holder is responsible for any and all extra-accrued time on the tour date (see notes above). The final contract price will be computed after the trip based on the ACTUAL miles or hours and minutes 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, 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. Tour guide duties and payment of the tasting fees (see pricing above) is a courtesy offered by My Chauffeur and is never guaranteed. 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.
CLEANING AND REPAIRS: The customer is liable for extraordinary cleaning 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.
Damages to the following will be paid for immediately by charging the following amounts to the customer’s rental agreement:
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SICKNESS IN CAR |
$250.00 EACH |
BROKEN GLASSWARE, MISSING READERS |
$5.00 EACH |
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GUM, MAJOR SPILLS, SMOKING IN CAR |
$100.00 EACH |
DAMAGED CD/ DVD PLAYER/ TV |
$350.00 EACH |
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BROKEN WINDOW |
UP TO $1000.00 EACH |
TEAR, CUT OR BURN TO COUCH |
$300.00 EACH |
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MISSING CD, DVD, CORKSCREW |
$30.00 EACH |
ANYTHING ELSE WILL BE ESTIMATED BY A PROFESSIONAL PERSON |
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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.
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.
INDEMNITY: The purchaser and guests releases and forever discharges My Chauffeur and its affiliates’ respective officers, agents, employees, contractors and principals 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:
THE CLAIM OR DISPUTE AROSE AS A RESULT OF DAMAGES OR INJURIES CAUSED AS A RESULT OF ALCOHOL CONSUMPTION IN MY CHAUFFEUR TRANSPORTATION COMPANY AND AFFILIATES VEHICLES.
THE CLAIM OR DISPUTE AROSE AS A RESULT OF DAMAGES OR INJURIES INCURRED DURING OR AFTER THE RESERVATION PERIOD AND CAUSED AS A RESULT OF ALCOHOL CONSUMPTION DURING MY CHAUFFEUR TRANSPORTATION COMPANY AND AFFILIATES RENTAL PERIOD.
THE CLAIM OR DISPUTE AROSE AS A RESULT OF INJURIES OR ILLNESS CAUSED AS A RESULT OF THE WINE BOTTLE OPENERS, BROKEN GLASSWARE AND BEVERAGE SERVICE OR THE USE OF PICNIC LUNCHES & SUPPLIES SUPPLIED BY MY CHAUFFEUR TRANSPORTATION COMPANY AND AFFILIATES AND ALL OTHER INJURIES OR ILLNESS DURING THE RENTAL PERIOD NOT SPECIFICALLY COVERED HEREIN.
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.
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. In the event of any lawsuit against our Company or any of our affiliate companies, and My Chauffeur or any of our affiliate companies are not held liable, full reparation compensation will be sought, for all fees related to the lawsuit. In the event that any part of this contract is declared unenforceable, the remaining provisions shall remain in full force and effect.
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.
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.
VIOLATIONS: Failure to comply with the My Chauffeur Terms of Service may result in the following actions taken:
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Specific instructions by the chauffeur to cease the actions deemed in violation of the terms of service. | |
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For safety reasons or for illegal activity, any individual may be expelled from the vehicle. | |
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Cancellation of the reservation by the chauffeur. In the case of cancellation, if the vehicle is en-route, all passengers will be returned to the point of origin. In the case of multiple points of origin, all passengers will be dropped off at the nearest point of origin to the location of the vehicle at the time of cancellation. Reservations cancelled by the chauffeur due to violations of the terms of service are subject to the same terms as cancellation by the Customer. | |
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Additional fees or charges to the Customer's payment method for violations resulting in damage to the vehicle or the need for special cleaning. |
You may print the above 'service order agreement' for reference, if desired.