TERMS AND CONDITIONS OF TRAVEL WITH AFFARI TRANSPORT LLC
1. Payment is required in full before or at the time of pick up and is non-refundable in the event any breach results under the terms of this Contract.
1a. ALL CREDIT CARD TRANSACTIONS WILL INCUR A 3% surcharge.
1b. Limo bus rental minimum is 4 hours
2. A NON-REFUNDABLE deposit is required at the time of booking. A cancellation fee of two hundred fifty dollars ($250.00) will be charged to the credit card of Client on file for any cancellation made within fourteen (14) days of reservation. A fee equal to 50% of the total booking including gratuity will be charged to the credit card for any cancellation made within 48 hours of reservation, and NO REFUND will be given if reservation is cancelled within 24 hours of the reservation pickup time.
3. All bookings will incur a minimum 20% gratuity assessed to the total charged.
4. If the Client attempts to cancel the Contract, after pick up has occurred, Affari Transport LLC is authorized to charge the credit card of Client on file the remaining balance in full.
5. Overtime will be permitted, upon vehicle ability and is not guaranteed. Overtime is billed by the half hourly rate and will be collected at the end of the trip by cash payment or will be charged to the credit card of Client on file. Overtime rates will be equal to the stated hourly charge.
6. Affari Transport LLC. has the right to terminate service for any form of abuse, behavior deemed inappropriate, or Contract breach, without refund. In case of misconduct, smoking in vehicles, drug use, or any other violation of this Contract by Client or member’s of Clients party, or if Driver is or feels threatened or otherwise deems the party unruly or endangering the safe operation of the vehicle, Driver has the right to terminate this Contract without any refunds and drop passengers off at the nearest safe location. This is meant for the safety of Affari Transport LLC. and Client. Affari Transport LLC also reserves the right to expel any person from the vehicle for any reason mentioned above or any other misconduct.
7. Affari Transport LLC inspects each vehicle before, during, and after each rental. In the event of damage to the vehicle, Client assumes full financial liability for any and all harm and damage caused by client or any members in client’s party during the service, and the cost of repairing such damage. This includes both interior and exterior damage to repair, replace, and clean vehicle or any parts of vehicle. The cost of repairing, restoring, or otherwise remediating any damage to a vehicle caused by client may be charged to such client’s credit card on file or billed directly to such client, without prior notice. Additional fees may be charged to cover damages at the company’s discretion. Client will be charged a minimum price listed below for the following occurrences:
A. Smoking in Vehicle – One Hundred and Fifty Dollars ($150.00).
B. Ripped or Damaged Upholstery – Five Hundred Dollars ($500.00).
C. Stained Carpet– Two Hundred Dollars ($200.00).
D. Vomit or Any Other Bodily Fluid in or on the Vehicle– Two Hundred Dollars ($200.00).
E. Lost or Broken Glassware– Twenty Dollars ($20.00).
F. Lost or Broken Remote Control– Two Hundred and Fifty Dollars ($250.00).
G. Excessive Mess in the Vehicle– Two Hundred Dollars ($200.00).
H. Breaking of Lights– Two Hundred and Fifty Dollars ($250.00).
I. Breaking of Television or Air Conditioner– Seven Hundred and Fifty Dollars ($750.00).
J. Breaking of DVD Player, CD player, iPod, or Radio– Two Hundred and Fifty Dollars ($250.00).
K. Damaged or Lost DVD or CD– Twenty Dollars ($20.00).
L. Opening Fire Window– One Hundred Dollars ($100.00).
M. Opening Fire Window Resulting in Window Coming Out and/or Breaking– Five Hundred and Seventy Five Dollars ($575.00).
7a. Damages are not limited to the items above.
8. Alcohol consumption by persons under the age of 21 is strictly prohibited in the vehicle, and alcohol consumption by person’s age 21 or older is prohibited if persons under the age of 21 are present on vehicle. Affari Transport LLC reserves the right to check the identification of any passenger on the vehicle at any time and for any purpose whatsoever. Affari Transport LLC reserves the right to refuse service to persons that appear to be under the influence of drugs and or unable to care for one’s self, or are objectionable to another passenger. No person may use any illegal narcotics or controlled substances in the vehicle. In the event of underage alcohol consumption or illegal drug use, the service will be terminated immediately and without refund. Client shall be responsible and shall pay for all fines and penalties assessed by state and/or local authorities as a result of the violation of any law by the client.
9. Drug use in the vehicle is prohibited by law. All contraband and items considered “weapons” are strictly prohibited in the vehicle. Company reserves the right to inspect all belongings of minors for alcohol and contraband.
10. Any fines that Affari Transport LLC is charged due to the actions of Client will be charged to the credit card of Client on file. These include but are not limited to fines related to underage drinking, over capacity, jumping on top of the vehicle, and throwing trash/littering out of the vehicle. Client is also responsible and will be charged for any parking fees and toll fees incurred during the transporting of Client.
11. Neither Affari Transport LLC, its agents, or employees shall be liable for any personal property of Client or members of Client’s party, which is misplaced, damaged, stolen, or left in the vehicle.
12. Client and/or guests acknowledges and consents to the use of strobe lights, lighting effects and loud music and audio and represents that Client and/or does not suffer from any medical condition that will render the use of such lighting and/or audio adverse to Client and/or guests’ health.
13. Except in the case of willful misconduct or gross negligence of Company, its agents or employees, Client hereby waives any & all claims against Company, its agents or employees for injury, loss, or damage, including consequential damages, to Client or members of client’s party’s person or property from whatever cause. Client waives any right of subrogation with regard to the same and enter at own risk, if not comfortable with this then you will not enter and use our Company. Company is not responsible for injuries that occur while riding in vehicles. Any injury that does occur must be reported immediately to the driver of vehicle. Injuries not immediately reported are treated as if they did not occur during the Contract. Enter at your own risk and giving up legal rights by signing this legal document.
14. Affari Transport is not responsible for accidents or injuries in and around the bus. Alcohol impairs motor skills, balance and judgment. Clients and guests are asked to remain seated while the bus is in motion. Move about at your own risk. Please exercise caution on the steps.
15. All rentals are subject to weather condition. If conditions are deemed by Company, to be unsafe, Client will be contacted with as much notice as possible. Any cancellations due to weather will be eligible for a reschedule at the next available date, or for a refund of deposit. Company does not guarantee arrival at or departure from any point at a specific time due to circumstances beyond its control such as accidents, breakdowns, traffic and road conditions, storms, etc. and shall not be held liable for claims resulting in delays from such conditions. Company cannot be held responsible for delays or inconveniences due to unknown and/or unforeseen mechanical failures or situations deemed as “Acts of God.”
16. In the event of a vehicle breakdown, all efforts will be made to supply a replacement vehicle. If a replacement vehicle is sent and/or client refuses a replacement vehicle, no refund is due. If no replacement vehicle is available, refund shall be limited to the amount paid by customer. Affari Transport LLC is not responsible to fulfill itineraries developed by Client, which indicate a time that Client expects to arrive at certain locations after the initial pick up time.
17. Company reserves the right to substitute the reserved vehicle for another replacement vehicle for any reason. Company will make a good-faith effort to notify Client in case a substitution does occur. Company will also make a good-faith effort to substitute with a similar type of vehicle.
18. Client agrees that all terms of this Contract and any disputes that may arise from this Contract shall be interpreted under the laws of the state of Florida. Client also agrees that any and all disputes and claims relating in any way to this Contract (including the arbitration of any claim or dispute and the enforceability of this paragraph) shall be submitted to and resolved by means of confidential arbitration conducted in the State of Florida. The arbitration shall be conducted under the then prevailing Commercial Arbitration Rules of the American Arbitration Association (AAA) by an arbitrator mutually agreed upon by Client and Affari Transport LLC. Client and Affari Transport LLC may litigate in court only to compel arbitration under this Contract or to confirm, modify, vacate, or enter judgment on the award rendered by the arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Contract shall be joined in an arbitration involving any other current or former user of Affari Transport LLC, whether through class arbitration proceedings or otherwise. If the arbitrator determines that one party prevailed in the arbitration process they will be entitled to compensation for attorney’s fees and costs from the other party.
19. The Terms constitute the entire Contract between each Client and Affari Transport LLC with respect to all subject matter covered herein, and supersede all previous communications, representations, understandings and Contracts, either oral or written, between the parties with respect to said subject matter. This Contract or any portion hereof shall not be construed against the drafting party by reason of that party having drafted the Contract or portion hereof. This Contract may not be modified by either party except by a written Contract signed by both Client and Affari Transport LLC.
20. I hereby release, waive, discharge and covenant not to sue Affari Transport, LLC. Their officers, agents, servants, or employees (hereinafter referred to as releasees) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me and/or other family members that are utilizing the transportation service, or any of the property belonging to me, whether caused by the negligence of the releasees, or otherwise, while participating in such activity, or while in, on or upon the premises where the activity is being conducted.
I am fully aware of the unusual risks involved and hazards connected with this activity, including but not limited to travel risks and/or road hazards. Affari Transport cannot be held responsible in any way for traffic conditions, mechanical difficulty, or any unforeseen circumstances.
21. I ______________________ signify that I have read the terms and conditions stated above in this Contract and agree to all stated terms and conditions. I further declare and represent that I am at least 18 years of age, that I have full legal capacity to be bound by this Contract, and that I am signing this Contract of my own free will and accord. I _______________________ authorize Affari Transport LLC to charge my credit card and agree to its terms.
Printed Name ________________________________________________