TERMS AND CONDITIONS OF TRAVEL WITH AFFARI TRANSPORT LLC
- 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.
- All credit card transactions will incur a 3% surcharge.
- Limo bus rental minimum is 4 hours
- 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 the 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 the reservation is canceled within 24 hours of the reservation pickup time.
- All bookings will incur a minimum 20% gratuity assessed to the total charged.
- If the Client attempts to cancel the Contract after pick-up has occurred, Affari Transport LLC is authorized to charge the credit card of the Client on file the remaining balance in full.
- Overtime will be permitted, upon vehicle ability and is not guaranteed. Overtime is billed at 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 the Client on file. Overtime rates will be equal to the stated hourly charge.
- 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 members 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 the Client. Affari Transport LLC also reserves the right to expel any person from the vehicle for any reason mentioned above or any other misconduct.
- Affari Transport LLC inspects each vehicle before, during, and after each rental. In the event of damage to the vehicle, the Client assumes full financial liability for any and all harm and damage caused by the Client or any members of the 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 the vehicle or any parts of the vehicle. The cost of repairing, restoring, or otherwise remediating any damage to a vehicle caused by the Client may be charged to the Client’s credit card on file or billed directly to the Client, without prior notice. Additional fees may be charged to cover damages at the company’s discretion. The Client will be charged a minimum price listed below for the following occurrences:
- Smoking in Vehicle – One Hundred and Fifty Dollars ($150.00).
- Ripped or Damaged Upholstery – Five Hundred Dollars ($500.00).
- Stained Carpet – Two Hundred Dollars ($200.00).
- Vomit or Any Other Bodily Fluid in or on the Vehicle – Two Hundred Dollars ($200.00).
- Lost or Broken Glassware – Twenty Dollars ($20.00).
- Lost or Broken Remote Control – Two Hundred and Fifty Dollars ($250.00).
- Excessive Mess in the Vehicle – Two Hundred Dollars ($200.00).
- Breaking of Lights – Two Hundred and Fifty Dollars ($250.00).
- Breaking of Television or Air Conditioner – Seven Hundred and Fifty Dollars ($750.00).
- Breaking of DVD Player, CD player, iPod, or Radio – Two Hundred and Fifty Dollars ($250.00).
- Damaged or Lost DVD or CD – Twenty Dollars ($20.00).
- Opening Fire Window – One Hundred Dollars ($100.00).
- Opening Fire Window Resulting in Window Coming Out and/or Breaking – Five Hundred and Seventy-Five Dollars ($575.00).
- **Damages are not limited to the items above.**
- Alcohol consumption by persons under the age of 21 is strictly prohibited in the vehicle, and alcohol consumption by a person aged 21 or older is prohibited if persons under the age of 21 are present in the 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 oneself 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 a 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.
- Drug use in the vehicle is prohibited by law. All contraband and items considered “weapons” are strictly prohibited in the vehicle. The Company reserves the right to inspect all belongings of minors for alcohol and contraband.
- Any fines that Affari Transport LLC is charged due to the actions of the Client will be charged to the credit card of the 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. The Client is also responsible and will be charged for any parking fees and toll fees incurred during the transporting of the Client.
- Neither Affari Transport LLC, its agents, nor its employees shall be liable for any personal property of the Client or members of the Client’s party, which is misplaced, damaged, stolen, or left in the vehicle.
- Client and/or guests acknowledges and consent to the use of strobe lights, lighting effects, and loud music and audio and represent that the Client and/or guest does not suffer from any medical condition that will render the use of such lighting and/or audio adverse to the Client and/or guests’ health.
- Except in the case of willful misconduct or gross negligence of the Company, its agents, or employees, the Client hereby waives any & all claims against the Company, its agents, or its employees for injury, loss, or damage, including consequential damages, to the Client or members of the Client’s party’s person or property from whatever cause. The Client waives any right of subrogation with regard to the same and enters at their own risk; if not comfortable with this then you will not enter and use our Company. The 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 the vehicle. Injuries not immediately reported are treated as if they did not occur during the Contract. Enter at your own risk and are giving up legal rights by signing this legal document.
- 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.
- All rentals are subject to weather conditions. If conditions are deemed by the Company, to be unsafe, the Client will be contacted with as much notice as possible. Any cancellations due to weather will be eligible for rescheduling at the next available date, or for a refund of the deposit. The 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. The Company cannot be held responsible for delays or inconveniences due to unknown and/or unforeseen mechanical failures or situations deemed as “Acts of God.”
- 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 the client refuses a replacement vehicle, no refund is due. If no replacement vehicle is available, a refund shall be limited to the amount paid by the customer. Affari Transport LLC is not responsible to fulfill itineraries developed by the Client, which indicate a time that the Client expects to arrive at certain locations after the initial pick-up time.
- The Company reserves the right to substitute the reserved vehicle for another replacement vehicle for any reason. The Company will make a good-faith effort to notify the Client in case a substitution does occur. The Company will also make a good-faith effort to substitute with a similar type of vehicle.
- 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. The 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 the Client and Affari Transport LLC. The 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.
- These 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 the 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 the Client and Affari Transport LLC.
- 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.
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 the 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 ____________________________
December 20, 2022
This website is operated by Affari Transportation, LLC. Throughout the site, the terms “we”, “us”, and “our” refer to Affari Transportation, LLC.
Affari Transportation, LLC offers this website, including all information, tools, training, and services (collectively referred to as the “Service”) available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or ordering something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein, during service purchase, and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools which are added to the current site shall be included as part of the “Service” and also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the “Service”, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Terms will result in an immediate termination of your Services.
- We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information and closing documents) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree to not reproduce, duplicate, copy, sell, resell, or exploit any portion of the “Service”, use of the “Service”, or access to the “Service” or any contact on the website through which the “Service” is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. We assume no liability or responsibility for any errors or omissions in the content of this website or such other materials or communications.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree it is your responsibility to monitor changes to our site.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
The “Service” is provided on an "as is" and "as available" basis. Use of the “Service” is at your own risk. We and our suppliers disclaim all warranties. Neither we nor our suppliers shall be liable for any damages of any kind with the use of the “Service”.
LINKS TO THIRD-PARTY WEBSITES
For your convenience, this website may contain hyperlinks to websites and servers maintained by third parties. We do not control, evaluate, endorse, or guarantee content found on those sites. We do not assume any responsibility or liability for the actions, products, services, and content of these sites or the parties that operate them. Your use of such sites is entirely at your own risk.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the “Service” (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the “Service”.
PRODUCTS OR SERVICES
We reserve the right but are not obligated to limit the sales of our products or “Services” to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per company, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.
You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered, discussed, or recommended through the site is entirely at your own risk and discretion and you should ensure = you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
NEWSLETTER TERMS AND CONDITIONS
By subscribing to our newsletter, you agree to receive emails from us. The aim of our newsletter is to keep our customers and visitors updated about tips, general industry information, new services, helpful products, and/or special events or news. Subscription to our newsletter service is not mandatory.
- Frequency: The frequency of the newsletter issues will generally be 2-4 per month.
- Limited Liability. We reserve the right to modify or discontinue the newsletter at any time without notice to you. We will not be liable to you, or any third party, should we exercise such right. We reserve the right to unsubscribe users from our newsletter without notice. Users suspected of providing false data will be unsubscribed.
Certain content, products, and services available via our “Service” may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the “Service” or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or “Service” that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the “Service” or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the “Service” or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the “Service” or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our “Service” will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the “Service” will be accurate or reliable.
You agree that from time to time we may remove the “Service” for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree your use of, or inability to use, the “Service” is at your sole risk. The “Service” and all products and services delivered to you through the “Service” are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Affari Transportation, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Affari Transportation, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our “Service”, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our “Service” (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the “Service” constitutes the entire agreement and understanding between you and us and govern your use of the “Service”, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Florida.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the “Service” following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Questions about the Terms and Conditions should be sent to us at Info@AffariTampa.com.