TERMS OF SERVICE
1. Introduction and Acceptance
These Terms of Service (the “Terms” or “Agreement”) form a legally binding agreement between you (“Customer,” “Passenger,” “User,” or “you”) and Area Car Service, a limited liability company formed in the State of Virginia, trading as Area Car Service (“Area Car Service,” “Company,” “we,” “our,” or “us”), governing your access to and use of our website, mobile applications, communication channels, reservation systems, customer support, and transportation booking platform (collectively, the “Platform”).
1.1 How You Accept These Terms. You accept these Terms by any of the following:
(a) checking the box or selecting the button affirmatively indicating agreement when you create an account or submit a reservation request online; (b) accepting or acting upon a booking confirmation issued by the Company, each of which states that the reservation is subject to these Terms and the Privacy Policy and provides links to both; (c) submitting payment or a payment authorization for a reservation; or (d) permitting transportation to proceed after receiving a booking confirmation.
1.2 Bookings Made Through Non-Web Channels. These Terms apply to every booking regardless of channel, including telephone, email, SMS, WhatsApp or other messaging services, live chat, social media, third-party booking partners, travel agencies, corporate accounts, and affiliates. Where a reservation is made through a channel that does not present a checkbox, the booking confirmation issued under Section 5.3 is the point of acceptance, and by proceeding with the reservation you agree to these Terms.
1.3 Record of Acceptance. For each acceptance, the Company records and retains the date and time, the reservation or account identifier, the channel used, the IP address where applicable, and the version number of these Terms then in effect. You agree that this record is valid evidence of your agreement.
1.4 If You Do Not Agree. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST DISCONTINUE USE OF THE PLATFORM AND MUST NOT BOOK ANY SERVICE THROUGH THE COMPANY.
2. Definitions
“Area Car Service” or “the Company” means Area Car Service, a limited liability company formed in the State of Virginia and trading as Area Car Service, which operates the transportation reservation, dispatch, and customer-service platform described in these Terms.
“Platform” means the Company’s website, reservation system, applications, communication channels, APIs, emails, SMS, and related technology used to facilitate transportation bookings.
“Customer” means any individual or entity requesting, purchasing, paying for, or arranging transportation services.
“Passenger” means any individual transported pursuant to a reservation, whether or not they are the paying Customer.
“Cardholder” means the person in whose name a payment method is issued, where that person is not the Customer or Passenger.
“Transportation Provider” or “Provider” means any independent chauffeur, driver, transportation company, limousine or black-car operator, fleet operator, or other third-party transportation business that accepts, performs, or is assigned services through the Platform. All Transportation Providers operate as independent contractors and are not employees, agents, partners, or joint venturers of the Company unless expressly agreed in a separate written agreement.
“Driver” means an independent chauffeur, operator, or driver engaged by a Transportation Provider to perform transportation services.
“Booking” / “Reservation” means any transportation reservation submitted through the Platform.
“Trip” means the transportation service requested by the Customer.
“Vehicle” means the automobile, limousine, SUV, van, shuttle, executive vehicle, or other transportation equipment used to perform the Trip.
“Business Day” means Monday through Friday, excluding recognized United States federal holidays.
“Charges” means all amounts payable by the Customer in connection with a reservation, including the transportation fare and any tolls, waiting time, gratuity, additional stops, cleaning, damage, administrative, cancellation, no-show, or similar amounts, together with applicable taxes, surcharges, and regulatory fees.
“Company Fees” means amounts charged by the Company in its own right for access to and use of the Platform, booking coordination, dispatch, customer support, and related services, as distinct from amounts collected by the Company as limited payment collection agent on behalf of a Transportation Provider.
“Force Majeure Event” has the meaning given in Section 25.
3. Eligibility and Authority to Book
3.1 Representations. By using the Platform, you represent and warrant that:
- You are at least eighteen (18) years of age or otherwise have legal authority to enter into binding contracts under applicable law;
- All information you provide to the Company is true, accurate, current, and complete;
- You have the legal capacity to enter into this Agreement; and
- You are authorized to make reservations for yourself and any Passengers included in your booking.
3.2 Bookings on Behalf of Others. If you make a reservation on behalf of another individual, business, organization, family member, employee, or client, you represent that you have authority to bind those persons to these Terms, you remain personally and jointly responsible for the reservation and all Charges arising from it, and you agree to make each Passenger aware of the provisions that apply to them — in particular Sections 13, 14, 16, 24, and 27.
3.3 Corporate and Third-Party Accounts. Where a business, travel manager, executive assistant, hotel, concierge, event organizer, or agency books on behalf of a Passenger, that booking party is the Customer for all purposes under these Terms, including payment, cancellation, no-show, damage, and indemnification obligations, unless the Company has agreed otherwise in a separate written account agreement.
4. Nature of the Platform and Independent Providers
4.1 The Company’s Role
The Company operates a technology-enabled reservation, coordination, and customer-support platform. Our functions include accepting transportation requests; coordinating reservations; facilitating communications; assigning trips to participating Transportation Providers; processing customer payments where applicable; and providing customer support before, during, and after the Trip.
To the fullest extent permitted by applicable law, the Company’s responsibilities are limited to facilitating reservations and coordinating services between Customers and Transportation Providers. The Company does not own, lease, or operate the Vehicles used to fulfill reservations, and does not itself perform transportation services. The Company is not a common carrier, contract carrier, taxi service, or transportation company. All transportation is performed by independent Transportation Providers using their own Vehicles, drivers, licenses, and insurance.
4.2 Independent Transportation Providers
Unless expressly stated otherwise in writing, transportation services booked through the Company are performed by independent Transportation Providers and their licensed Drivers. Transportation Providers are independent businesses responsible for operating their own Vehicles and for maintaining the licenses, permits, registrations, inspections, and insurance required under applicable federal, state, and local law.
Nothing in these Terms creates an employment, joint-venture, partnership, franchise, agency, or fiduciary relationship between the Company and any Transportation Provider or Driver, except to the extent expressly required by applicable law.
4.3 Provider Representations and Corrective Discretion
Each Transportation Provider represents and warrants to the Company that it is, and will remain throughout its participation in the Platform, properly licensed, permitted, registered, insured, and otherwise authorized to perform transportation services in each jurisdiction in which it operates, and that each Driver it engages is properly licensed and qualified. Transportation Providers are solely responsible for their own compliance, for the condition and roadworthiness of their Vehicles, and for the conduct of their Drivers.
The Company provides a technology platform that enables Customers to arrange and schedule ground transportation and logistics services with independent Third-Party Transportation Providers and Drivers. The Company does not provide transportation or logistics services, does not operate vehicles, and does not function as a transportation carrier or fleet operator. All transportation services are provided directly by independent third-party Transportation Providers or Drivers who are not employees, agents, or representatives of the Company.
The Customer acknowledges and agrees that the Company has no direct control over, and assumes no responsibility or liability to the Customer for, any transportation, logistics, driving services, or vehicle conditions provided by such third-party Transportation Providers or Drivers.
4.4 Claims Arising from a Trip
Any claim arising from the performance of a Trip — including personal injury, death, property damage, loss, delay, discrimination, or misconduct by a Driver — is a claim against the Transportation Provider and, where applicable, its insurers. On written request following an incident, the Company will provide the Customer with the identity and contact details of the Transportation Provider assigned to the reservation and the insurance carrier name and policy number the Company holds for that Provider, to the extent the Company is permitted to disclose them and they are reasonably necessary for the Customer to pursue a claim. Any assistance the Company provides in communicating with or making a claim against a Provider is voluntary, does not constitute an assumption of liability, and does not make the Company a party to that claim.
4.5 Services Covered
These Terms apply to every service arranged through the Platform, including:
(a) Airport and rail transfers — point-to-point transportation to or from a commercial airport, private aviation terminal, or rail station; (b) Point-to-point transportation — chauffeur-driven transportation between two or more stated addresses; (c) Hourly and as-directed services — transportation booked for a period of time rather than a fixed itinerary, subject to the minimum-hour requirements in Section 6.9; (d) Large-capacity and CDL services — transportation performed in a Vehicle requiring a Commercial Driver’s License or having a passenger capacity of twenty-one (21) or more; (e) Meet-and-greet, greeter, VIP gate, and meet-and-assist services — services performed by a greeter or representative at an airport, terminal, venue, or station, whether or not accompanied by transportation; and (f) Concierge and coordination services — logistics coordination, multi-vehicle event management, and similar services.
Certain provisions of these Terms apply differently depending on the service category. Section 18 (Cancellation) and Section 19 (Refunds) state the category-specific rules. Where a reservation combines categories, the rule applicable to each component applies to that component, and where a component cannot be separated, the more restrictive rule applies to the reservation as a whole.
5. Bookings
5.1 Reservation Requests
Customers may submit transportation requests through any channel authorized by the Company, including the Company website, mobile applications, telephone, email, SMS, live chat, social media messaging, third-party booking partners, and authorized affiliates. Submitting a reservation request does not, by itself, create a binding transportation contract.
5.2 Customer’s Booking Information
The Customer is solely responsible for providing complete and accurate booking information, including Passenger name, contact information, pickup date and time, pickup location, destination, flight information (if applicable), number of Passengers, luggage quantity and size, child-seat requirements, accessibility requests, and any special instructions. The Company is not responsible for delays, additional charges, or service failures caused by inaccurate, incomplete, misleading, or outdated information supplied by the Customer.
5.3 Acceptance of Bookings
A booking becomes confirmed only after the Company issues written confirmation by email, SMS, the Company’s reservation system, or another Company-approved method. A quotation or temporary payment authorization alone does not constitute acceptance. The Company may reject, refuse, modify, suspend, or cancel any reservation request where reasonably necessary, including for vehicle availability, operational limitations, safety concerns, suspected fraud, payment-authorization failure, inaccurate information, legal-compliance requirements, a Force Majeure Event (Section 25), or other legitimate business reasons.
Every booking confirmation issued by the Company — whether by email, SMS, or the Company’s reservation system — states that the reservation is subject to these Terms and the Privacy Policy and provides links to both. By accepting a booking confirmation, or by allowing transportation to proceed after receiving it, the Customer agrees to these Terms.
5.4 Confirmation Details and Customer Review
A confirmed reservation will generally include, where applicable, a reservation number, pickup date and time, pickup location, destination, vehicle category, estimated fare, Passenger information, Driver assignment (when available), and any special requests accepted by the Company. The Customer must review the confirmation promptly upon receipt and notify the Company of any discrepancy before the scheduled pickup. Failure to report errors before pickup may result in delays, additional charges, or an inability to provide the requested service.
5.5 Modifications
Customers may request changes to a confirmed reservation — such as pickup time or location, destination, vehicle category, passenger count, additional stops, or special accommodations. Modifications are subject to vehicle and Driver availability, operational feasibility, and any resulting pricing adjustment. The Company cannot guarantee that a requested modification can be accommodated after confirmation. Changes requested shortly before pickup may be treated as a cancellation and rebooking where operationally necessary, in which case Section 18 applies.
6. Quotes, Pricing, and Additional Charges
6.1 Estimates
Any fare estimate, online quote, verbal quotation, or preliminary pricing provided before booking confirmation is for informational purposes only and is not binding until confirmed by the Company in writing.
6.2 Pricing Factors
Final pricing may depend on factors including pickup location, destination, distance, estimated duration, hourly commitments, vehicle class and availability, passenger count, luggage, tolls, parking, airport fees, congestion charges, taxes, applicable surcharges, and special accommodations.
6.3 All-In Quoted Price
The booking confirmation states the total price of the reservation, inclusive of all mandatory fees, charges, and any gratuity included by the Company, and exclusive only of:
(a) government-imposed taxes and regulatory fees stated separately where required by law; (b) charges that depend on what actually occurs during the Trip, as described in Section 6.4; and (c) charges arising from the conduct of the Customer or Passengers under Sections 13, 14, and 16.
The Company does not add mandatory fees or surcharges after the point at which the total price is presented to the Customer for confirmation.
6.4 Additional Charges
A quoted price applies only to the itinerary confirmed at the time of booking. Additional charges may apply where the Customer requests or causes changes, including additional stops or passengers, route deviations, destination changes, extended waiting time, oversized or additional luggage, child safety equipment, meet-and-greet service, parking, tolls, ferry or venue fees, congestion pricing, cleaning, damage, administrative fees, or government-imposed taxes and regulatory fees.
Where reasonably practicable, and in all cases before a change is performed that will materially increase the price, the Company or the Driver will inform the Customer of the anticipated additional cost and obtain the Customer’s consent, which may be given verbally to the Driver, through the Platform, or in writing.
6.5 Rates Applicable to a Reservation
The Company does not publish a fixed schedule of rates. Rates for waiting time, additional stops, child seats, cleaning, damage, and other additional charges are calculated for each reservation based on factors including vehicle category, market and pickup location, time and date of service, duration, and the nature of the charge, and may vary between reservations. The rates applicable to a reservation are those in effect at the time that reservation is confirmed, and will be disclosed to the Customer in the booking confirmation or, for charges that depend on what occurs during the Trip, on request before the charge is incurred and in any event on the invoice or receipt issued after the Trip. Where a charge arises during a Trip, Section 6.4 applies and the Customer will be informed of the anticipated cost before the change is performed. No change to the Company’s rates applies to a reservation already confirmed.
6.6 Pricing Errors
The Company may correct any typographical, computational, system-generated, or human pricing error discovered before or after confirmation. If a material error occurs, the Customer will be notified and may either accept the corrected fare or cancel the reservation without penalty, where permitted by applicable law. The Company will not apply a corrected price to a completed Trip without the Customer’s agreement.
6.7 Promotional Pricing
Discounts, coupon codes, referral credits, and marketing incentives may not be combined unless expressly stated, have no cash value, may expire without notice, and may be revoked in cases of abuse or fraud. Additional promotional terms appear in Section 20.
6.8 Currency
All prices are quoted and payable in United States Dollars (USD).
6.9 Hourly Services, Overtime, Conversions, and Billing Basis
(a) Minimum hours. Hourly and as-directed reservations are subject to a minimum booking duration, which is stated in the booking confirmation. Where a Customer voluntarily releases the Vehicle before the confirmed minimum has elapsed, the Customer remains responsible for the full confirmed minimum. Section 18.5 also applies.
(b) Billing basis for hourly and as-directed service. Unless the booking confirmation states otherwise, hourly and as-directed service is billed on a garage-to-garage basis — that is, from the time the Vehicle departs the Transportation Provider’s garage or dispatch point until the time it returns — subject to the minimum in (a). The booking confirmation states the estimated garage-to-garage duration and the resulting estimated total. Where the actual duration exceeds the estimate because of Customer-requested changes, extended stops, or itinerary variations, Section 6.4 and Section 7.6(d) apply.
(c) Overtime. Time beyond the confirmed booked duration is billed in increments of [[fifteen (15)]] minutes at the rate applicable to the reservation under Section 6.5. Before overtime is incurred, and where reasonably practicable, the Driver or the Company will inform the Customer that the booked duration is about to expire and confirm whether the Customer wishes to continue.
(d) Capping a reservation. A Customer who does not wish a reservation to exceed a specific duration or total cost must state that limit at the time of booking or, at the latest, before the Trip begins. Where such a limit is stated and accepted by the Company, the Company will not exceed it without the Customer’s further authorization under Section 6.4. Where no limit is stated, additional time requested during the Trip is chargeable under Section 7.6(d).
(e) Conversion from transfer to hourly. Where a Customer requests, during a Trip, that a point-to-point transfer be converted to hourly or as-directed service, the conversion is subject to Driver and Vehicle availability and to the minimum-hour requirement applicable to that Vehicle category. The Company or the Driver will inform the Customer of the applicable minimum and the anticipated total before the conversion takes effect, and will obtain the Customer’s consent under Section 6.4.
(f) Estimates. Where a booking confirmation states an estimated total for an hourly, as-directed, or garage-to-garage reservation, that estimate is the Company’s good-faith calculation based on the itinerary confirmed at booking. Section 6.3 continues to apply: the Company does not add mandatory fees or surcharges after the total price is presented for confirmation, and any variation arises only from what actually occurs during the Trip under Section 6.4.
7. Payment Terms
7.1 Accepted Methods and Authorization
The Company accepts payment through methods approved by the Company, which may include major credit and debit cards, ACH transfers, digital wallets, bank transfers, corporate billing accounts, and third-party payment processors. The Company may modify accepted methods at any time.
The Customer acknowledges and agrees that, in collecting amounts due for transportation services, the Company acts solely as the limited payment collection agent of the applicable Transportation Provider. Payment of the Charges to the Company in this manner shall be considered the same as payment made directly by the Customer to the Transportation Provider, and discharges the Customer’s payment obligation to that Provider to the extent of the amount so paid. The Company’s acceptance of payment does not make the Company a party to the transportation service itself, nor a transportation carrier, and does not alter the allocation of responsibility described in Section 4.
By providing payment information or authorizing a payment, the Customer represents that they are the lawful owner or authorized user of the payment method, have authority to authorize the transaction, and that sufficient funds or credit exist. The Customer authorizes the Company and its payment processors to charge the payment method for all amounts due under these Terms, whether payable to the Company in its own right (including Platform, booking, coordination, administrative, and service fees) or collected by the Company as limited payment collection agent on behalf of a Transportation Provider.
7.2 Payment Requirements
The Company may require full payment, partial payment, a deposit, or a valid payment authorization before confirming a reservation. Unless otherwise agreed in writing, payment must be received before transportation services commence. Failure to pay when required may result in cancellation, suspension, or refusal of service without liability to the Company.
7.3 Payment methods — Customer’s choice
The Company accepts payment by two methods. The Customer selects the method, and the selection is the Customer’s alone:
Method A — Secure payment link. The Company sends the Customer a secure electronic payment link or hosted checkout page operated by a third-party payment processor (currently [Stripe / Square / processor name]). The Customer enters card details directly with the processor. The Company never sees or receives the full card number.
Method B — Card details provided to the Company. The Customer provides card details to the Company directly, and the Company charges the card on the Customer’s behalf. This method requires a signed Credit Card Authorization Form under Section 7.5.
Method A is the Company’s recommended method. The Company will offer Method A on every booking. Where the Customer elects Method B, that election is made by the Customer at the Customer’s request, and the Customer accepts responsibility for having chosen it.
Where the Customer elects Method B, the Company’s designated channel for taking card details is a recorded telephone call with a Company representative. The Company does not solicit card details through email, SMS, WhatsApp, social media, or any other unsecured written channel. Where a Customer transmits card details, a photograph of a card, or a CVV through such a channel on the Customer’s own initiative, the Customer does so at the Customer’s own election and risk, and the Company will handle and delete that data under Section 7.4. Any message purporting to come from the Company that demands card details through an unsecured written channel should be treated as fraudulent and reported to the Company at the details in Section 31.
7.4 Method B — how the Company handles card details
Where the Customer elects Method B:
(a) Recorded telephone authorization. The Customer provides card details to a Company representative on a recorded line. The Company gives notice that the call is recorded before the Customer provides any card details, and the Customer’s continued participation after that notice is the Customer’s consent both to the recording and to the Company charging the card for the amounts described on the call. The recording is the Company’s record of authorization and has the same effect as a signed Authorization Form for the transaction it covers. Recording is subject to the consent requirements of the state or states applicable to the call.
(b) The Customer authorizes the Company to enter the card details into the payment processor’s secure virtual terminal and to charge the amounts authorized under Sections 7.5 and 7.6.
(c) The Company obtains a payment token from the processor. The token, together with the card brand, the last four digits, and the expiry date, is stored in the Company’s dispatch portal under access controls described in Section 7.8. The token cannot be used to reconstruct the card number and is usable only by the Company through its processor account.
(d) Enhanced verification where a transaction is flagged. Where the payment processor, the card issuer, or the Company’s transaction-monitoring controls flag a transaction as carrying elevated fraud or chargeback risk, the Company may require the Customer to verify the card and the Customer’s identity before the Company will process or release the booking. Verification may include an image of the payment card showing only the cardholder name, expiry date, and last four digits, with all other digits and the CVV obscured by the Customer, together with a government-issued photo identification document. The Company requests these materials only through a secure upload link and never by email, SMS, WhatsApp, or other unsecured written channel. Verification materials are used only to confirm that the cardholder is the person transacting, are deleted under Section 7.4(e) once verification is complete, and identification documents are retained only for the period required by Section 7.8 and applicable anti-fraud or record-keeping law. Where the Customer declines verification, the Company may decline the transaction under Section 7.9.
(e) The Company does not retain the full card number, CVV/CVC/CID, PIN, or any image of the card showing the full card number after the transaction is authorized. Within [twenty-four (24) hours] of authorization, and in every case before the end of the next business day, the Company deletes this data from every location it was received or held, including email inboxes and sent folders, messaging applications, call notes and call transcripts, uploaded files, scanned or photographed documents, verification uploads, ticketing systems, and any backup or archive under the Company’s control. Any signed authorization form retained under Section 7.5 is redacted so that only the last four digits and expiry date remain.
(f) Where a call recording under Section 7.4(a) captures spoken card details, the Company either suppresses recording during the card-entry portion of the call or redacts the card number and CVV from the stored recording within the period in Section 7.4(e), retaining the portion that evidences the Customer’s authorization.
(g) The Company keeps a dated record confirming that deletion under 7.4(e) was carried out for each transaction.
(h) Card transactions are processed through the Company’s third-party payment processor, which maintains PCI DSS compliance for the storage and processing of cardholder data. The Company does not store cardholder data outside the processor’s environment except as described in Section 7.4(e), and handles card data in line with the processor’s requirements and the practices set out in this Section 7.
7.5 Credit Card Authorization Form
Before charging a card under Method B, the Company sends the Customer a Credit Card Authorization Form reflecting the details the Customer provided. The Form sets out:
(i) the cardholder name and the last four digits of the card; (ii) the service or reservation being paid for, including date, time, pickup and drop-off; (iii) the quoted fare and any known fees, taxes, tolls, and gratuity; (iv) the categories of additional charge the Customer is authorizing in advance under Section 7.6, and how each is calculated; (v) the Customer’s billing address; and (vi) a signature block.
The Customer’s signature may be given by electronic signature, and the parties agree that an electronic signature has the same legal effect as a handwritten one under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and any applicable state equivalent.
No reservation is confirmed and no card is charged under Method B until the Company holds either a signed Authorization Form or a recorded verbal authorization under Section 7.4(a). Where the Customer provides neither, the Company may hold the reservation unconfirmed, cancel it, or require Method A instead.
Where the Customer authorized by recorded call, the Company sends the Authorization Form afterwards as written confirmation of what was authorized. The Customer is asked to sign and return it, and the Company will follow up where it is not returned. The recorded authorization remains effective for the transaction it covers whether or not the written Form comes back, provided the recording captures the matters at (i) to (iv) above.
7.6 Standing authorization for trip-related and post-trip charges
By signing the Authorization Form, or by completing payment through a payment link where the same disclosures were presented, the Customer authorizes the Company to charge the card on file for the following, without a further signature for each charge:
(a) the quoted fare, and any taxes, surcharges, airport fees, permits, congestion or facility charges applicable to the trip; (b) tolls and parking incurred during the trip; (c) waiting time beyond the grace period, charged at the rates in Section 10; (d) additional stops, route changes, extended mileage, or extra time requested by the passenger during the trip; (e) changes to the reservation requested by the Customer or passenger, at the difference between the original and revised rate; (f) cancellation and no-show fees under Section 11; (g) (g) documented cleaning or damage charges under Section 16, supported by photographic evidence and, for repair costs, a written estimate or invoice, up to the amounts stated in the Cleaning and Damage Schedule published under Section 16.5, and in any event capped at [[one thousand United States Dollars (US$1,000)]] per reservation unless the Company obtains separate written authorization from the Customer for a higher amount; (h) fines, citations, or third-party charges arising from passenger conduct; and (i) gratuity, where the Customer specified it or where the applicable rate schedule includes it.
This authorization stays in effect for the reservation it covers and for [thirty (30) days] afterwards for post-trip charges under (b), (g), and (h). It does not authorize charges for a later, separate booking; each new booking requires its own authorization.
The Customer may withdraw this authorization at any time by written notice to the Company at the details in Section 31. Withdrawal takes effect for charges not yet incurred and does not cancel the Customer’s liability for services already provided.
7.7 Confirmation, non-response, and reservation status
(a) Quotes. A quote is valid for [twenty-four (24) hours] unless stated otherwise. Where the Customer does not accept within that period, the quote lapses and no charge is made.
(b) Unconfirmed reservations. Where the Customer has requested a reservation but has not returned a signed Authorization Form or completed a payment link, the reservation is unconfirmed. The Company may cancel it or release the vehicle at any time up to the pickup time, and is not liable for a vehicle being unavailable.
(c) Confirmed reservations. Once the Customer has given authorization under Section 7.5, the reservation is confirmed and the charges in Section 7.6 apply. Where the Company subsequently seeks the Customer’s input on a variation, and the Customer does not respond by the time performance requires a decision, the Company may proceed on the basis last confirmed by the Customer and charge accordingly. The Company will not charge for a variation the Customer never authorized.
(d) Silence is not authorization. The Customer’s failure to respond to a message does not by itself create authority to charge a card. Every charge under these Terms rests on an authorization the Customer gave under Section 7.5 or 7.6, or on a fee the Customer accepted when booking.
(e) Cancellation and no-show. Where a confirmed reservation is cancelled outside the window in Section 18, or where the passenger does not appear at the pickup point within the no-show period, the fee in Section 11 and Section 18 applies and may be charged to the card on file under Section 7.6(f). This applies whether or not the Customer responds to the Company’s messages, because the Customer accepted the fee at booking.
7.8 Storage, access, and retention
Tokens and truncated card data are held in the Company’s dispatch portal on an encrypted basis. Access is limited to personnel who need it to process payments or resolve billing queries, is logged, and is revoked when the person leaves that role.
The Company retains signed Authorization Forms and call recordings, redacted under Sections 7.4(e) and 7.4(f), receipts, and transaction records for [seven (7) years] or such longer period as tax, card-network, or state law requires.
The Company’s treatment of payment data is also governed by the Privacy Policy at [URL].
7.9 Right to decline a payment method
All payments must be made using an authorized payment method accepted by the Company. The Company reserves the right to decline, cancel, or require alternative verification for any transaction in its sole discretion for reasons including security, suspected fraud, card-network rules, or legal compliance. Declining a transaction under these circumstances does not constitute a breach of these Terms.
7.10 No waiver
Processing a payment through Method B, or accepting card details on one occasion, does not oblige the Company to do so again and does not waive Sections 7.3, 7.9, or 8. Failure to charge a fee on one occasion does not waive the right to charge it on another.
8. Payment Authorization, Verification, and Fraud Prevention
8.1 Authorization to Charge
By providing payment information, the Customer authorizes the Company and its payment processors to process all charges authorized under these Terms. This authorization remains effective until all outstanding obligations relating to the applicable reservation are satisfied.
8.2 Authorization Holds
The Company may place a pre-authorization hold on a payment method before a Trip to verify the method and confirm available funds. A hold is not a charge. Release of a hold is governed by the timelines of the Customer’s card issuer or bank, over which the Company has no control.
8.3 Customer Verification
To protect Customers, Transportation Providers, cardholders, and the Company against fraud, identity theft, unauthorized transactions, chargebacks, money laundering, or other unlawful activity, the Company may verify the identity of any Customer, Passenger, or payer before, during, or after confirmation. Where reasonably necessary, the Company may request government-issued photo identification, billing-address confirmation, a signed credit card authorization form, confirmation of card ownership or authorized use, or other information reasonably necessary to verify a transaction’s legitimacy.
8.4 Refusal or Failure to Verify
If requested verification information is not provided within a reasonable time, or if the Company reasonably believes a transaction presents an elevated fraud risk, the Company may decline, suspend, delay, or cancel the reservation, refuse payment, or request an alternative payment method. The Company is not liable for losses resulting from actions reasonably taken in good faith to prevent fraud or comply with legal obligations.
8.5 Chargebacks
The Customer agrees to contact the Company and allow a reasonable opportunity to resolve any payment dispute before initiating a chargeback. Improper, fraudulent, or bad-faith chargebacks may result in suspension of services, cancellation of future reservations, recovery of administrative costs where permitted by law, and other available remedies. Nothing in this Section limits any rights afforded to Customers under applicable consumer-protection law or the rules of the applicable card network, and nothing in this Section requires a Customer to forgo or delay a chargeback where a card network rule or applicable law provides otherwise.
8.6 Evidence in Payment Disputes
The Customer acknowledges that in responding to a chargeback or payment dispute, the Company may submit to the card network, issuer, or processor the reservation record, booking confirmation, communications with the Customer, vehicle dispatch and location records supplied by the Provider, call recordings, and evidence of acceptance of these Terms under Section 1.3. This disclosure is described in the Privacy Policy.
9. Electronic Communications and Consent
9.1 Service Communications
By providing your email address, telephone number, or other electronic contact information, you will receive communications from the Company regarding reservation confirmations, invoices, receipts, payment requests, driver and dispatch information, trip updates, operational and customer-service notices, and legally required notices. These are transactional communications necessary to perform the service you have requested, and we send them on that basis rather than on the basis of your consent — a Vehicle cannot be dispatched to you without them. Because they are part of the service itself, they are not marketing, and you may not opt out of them while you have an active reservation. Where permitted by applicable law, these communications may be delivered by email, SMS, telephone, automated systems, mobile notifications, or other electronic means. You acknowledge that electronic communications satisfy any legal requirement that a communication be in writing. Message and data rates may apply.
9.2 Marketing Communications — Separate Consent
The Company will send marketing or promotional messages by SMS, automated call, or prerecorded message only where you have separately and affirmatively opted in through a distinct, unchecked consent mechanism. Consent to marketing messages is not a condition of purchase, and declining will not affect the service you receive or the price you pay. At the point of opt-in you will be presented with substantially the following disclosure:
By checking this box you agree to receive recurring automated marketing text messages from Area Car Service at the mobile number provided. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe or HELP for help. See our Privacy Policy and Terms of Service.
The Company keeps a record of each opt-in, including the date and time, the method, and the disclosure text shown.
9.3 Opting Out
You may withdraw consent to marketing communications at any time by replying STOP to any marketing SMS, using the unsubscribe link in any marketing email, or contacting the Company at the details in Section 31. Opting out of marketing does not stop transactional communications under Section 9.1, and you may not opt out of transactional communications while you have an active reservation. Further opt-out information appears in the Privacy Policy.
9.4 Call Recording
Telephone calls to and from the Company may be recorded for quality assurance, training, reservation accuracy, payment verification, dispute resolution, and fraud prevention. At the beginning of any such call, before any reservation or payment matter is discussed, a representative of the Company will tell you that the call is recorded and ask whether you agree. Recording continues only if you agree. If you do not agree, the call will continue without being recorded, or you may instead contact the Company by email, SMS, or live chat. Declining to be recorded will not affect the service you receive or the price you pay. Where all parties to a call must consent under applicable state law, no recording is retained unless every party has agreed. Recordings are retained in accordance with the Privacy Policy.
9.5 In-Vehicle Recording
Some Vehicles operated by Transportation Providers carry audio or video recording devices. Such recording is controlled by the Transportation Provider, not by the Company, and is subject to the Provider’s own obligations under applicable law. The Company does not operate, access, or control in-vehicle recording equipment except where a Provider voluntarily supplies a recording in connection with an incident investigation.
10. Pickup, Airport Transfers, and Waiting Time
10.1 Customer Availability and Communication
Passengers must be present and ready at the designated pickup location at the scheduled pickup time. The Customer is responsible for keeping their telephone operational and reachable, maintaining accurate contact information, and being available during pickup. Where reasonably practicable, the Driver or the Company may attempt to contact the Customer using the information provided. Failure to be present or reachable may result in the reservation being treated as a No-Show under Section 11.
10.2 Meet-and-Greet
Where a meet-and-greet service has been purchased or confirmed, the Driver will meet the Passenger at the designated meeting point. Availability may vary by airport, terminal, venue, or local regulation.
10.3 Airport Transfers and Flight Tracking
For airport transfers, the Customer is responsible for providing accurate airline, flight number, and arrival details. Where flight information is provided, the Company or the assigned Provider may monitor publicly available flight status as a courtesy; this does not guarantee that all delays, schedule changes, cancellations, gate changes, or diversions will be identified or accommodated. Flight data is supplied by third parties and may be inaccurate, delayed, or unavailable. Where operationally feasible, the Company will make commercially reasonable efforts to accommodate delayed arrivals, subject to vehicle and Driver availability, legal driving-hour limits, airport regulations, and operational constraints. Airport pickups are conducted in accordance with applicable airport rules and designated procedures, and Passengers must follow the pickup instructions provided.
10.4 Complimentary Waiting Time
Unless otherwise specified in writing, standard non-airport pickups include up to [[fifteen (15)]] minutes of complimentary waiting time beginning at the scheduled pickup time, and airport arrivals include up to [[thirty (30)]] minutes of complimentary waiting time beginning after the aircraft has landed. International arrivals, customs delays, or oversized-baggage processing may require additional waiting time subject to additional charges.
10.5 Additional Waiting Time
If the Customer requests that the Driver continue waiting beyond the complimentary period, or if the Passenger has not appeared and the Customer asks that the Driver remain, additional waiting charges apply at the rates applicable to the reservation under Section 6.5, calculated in increments of [[fifteen (15)]] minutes. Extended waiting is subject to Driver availability and operational scheduling; the Company is not obligated to provide unlimited waiting time.
11. No-Show and Customer Delays
11.1 Customer No-Show
(a) When a No-Show occurs. A reservation is classified as a Customer No-Show where the applicable complimentary waiting period under Section 10.4 has expired and, during that period and for a further [[fifteen (15)]] minutes afterwards, the Passenger has not appeared at the designated pickup location and neither the Customer nor the Passenger can be reached using the contact information provided. The Company or the Driver will make at least [[two (2)]] contact attempts, by telephone and by SMS or the Platform, before a reservation is declared a No-Show.
(b) Airport pickups. For airport arrivals, the waiting period runs from the time stated in Section 10.4, and a Passenger who leaves the airport without notifying the Company or the Driver is a No-Show from the time of departure, regardless of the waiting period.
(c) Other circumstances treated as a No-Show. A reservation is also a No-Show where the Customer or Passenger refuses transportation after the Driver has arrived, other than for a reason within Section 19.6(e), or otherwise abandons the reservation without cancelling it.
(d) Charge. Unless otherwise required by applicable law or expressly agreed by the Company, a No-Show reservation is charged the full reservation amount and is non-refundable. The charge may be applied to the payment method on file under Section 7.6(f).
(e) Cancellation before No-Show. A Customer who knows the Passenger will not travel should cancel under Section 18 rather than allow the reservation to lapse into a No-Show. The refund payable on cancellation depends on when the cancellation is received, and in some cases a cancellation received before the pickup time will produce a better outcome for the Customer than a No-Show.
11.2 Driver No-Show
If the assigned Driver fails to arrive due to circumstances within the Company’s control, the Company will make commercially reasonable efforts to provide a replacement Vehicle or alternative transportation. If a replacement cannot reasonably be arranged, the Customer is eligible for a refund in accordance with the Refund Policy (Section 19) and may, at the Company’s discretion, receive a service credit toward a future Trip.
11.3 Customer Delays
If a Customer anticipates being delayed, the Customer must notify the Company or the assigned Driver as soon as reasonably possible. Notifying the Company of a delay does not guarantee that the reservation can be extended or modified without additional charges. The Company will make commercially reasonable efforts to accommodate delays subject to operational availability; repeated or significant delays may require cancellation, rescheduling, or reassignment.
12. Vehicle Substitution, Routing, and Service Interruptions
12.1 Vehicle Substitution
The Company may substitute the reserved Vehicle with another of equal or greater passenger capacity or comparable service category where reasonably necessary due to operational requirements, mechanical issues, safety, maintenance, regulatory requirements, or circumstances beyond the Company’s reasonable control. A substitution does not constitute a breach of these Terms provided the replacement Vehicle is reasonably suitable for the reserved service. Website images, advertisements, and marketing materials are examples only and do not guarantee a specific make, model, color, year, license plate, or appearance unless expressly confirmed in writing.
12.2 Route Selection
Unless specific routing has been agreed in advance, Drivers may determine the safest and most practical route based on prevailing traffic, road closures, weather, construction, public-safety considerations, and applicable law. Customer-requested route deviations may result in additional charges under Section 6.4.
12.3 Service Interruptions
Transportation services may be delayed, interrupted, modified, or canceled due to circumstances beyond the Company’s reasonable control, including a Force Majeure Event (Section 25). The Company will use commercially reasonable efforts to minimize disruption but does not guarantee uninterrupted service.
13. Passenger Conduct, Accessibility, and Responsibilities
13.1 Conduct
Passengers must conduct themselves safely, respectfully, and lawfully. Passengers shall not:
- engage in violent, threatening, abusive, harassing, or discriminatory conduct;
- interfere with the safe operation of the Vehicle;
- consume illegal drugs or possess unlawful weapons;
- consume alcohol in the Vehicle, or carry open containers of alcohol, where prohibited by applicable law;
- engage in any unlawful activity;
- damage Company or Transportation Provider property;
- smoke or vape in the Vehicle; or
- create unsafe or hazardous conditions.
The Customer is responsible for the conduct of all individuals included in the reservation.
13.2 Responsibilities
Customers and Passengers are responsible for:
- providing accurate reservation information and arriving on time;
- complying with applicable law and reasonable Driver instructions relating to safety;
- wearing seat belts where required by law and ensuring minors are appropriately supervised;
- securing personal belongings; and
- informing the Company of any special transportation requirements before the reservation.
13.3 Vehicle Capacity
Passengers shall not exceed the legal seating capacity of the assigned Vehicle. The Company may refuse transportation where passenger count, luggage volume, or cargo exceeds the safe or lawful operating capacity of the Vehicle. Additional Vehicles may be required at the Customer’s expense.
13.4 Child Safety
(a) Advance disclosure is mandatory. Where any Passenger requires a child restraint system under applicable child-passenger-safety law, the Customer must disclose this at the time of booking, stating the number of children, and the age, height, and weight of each. The Company cannot lawfully arrange transportation for a child who requires a restraint system without one.
(b) Child Seat Waiver. Where child restraint systems are required, the Company will provide the Customer with a Child Seat Waiver, which must be signed and returned before the reservation is confirmed. The Waiver records whether the seat is supplied by the Company, by the Transportation Provider, or by the Customer, and records the Customer’s acknowledgement of the responsibilities in (d) below. Electronic signature is sufficient under Section 7.5.
(c) Provision of seats. Where child seats are requested from the Company, the Company will make commercially reasonable efforts to arrange them, subject to availability, at the rates applicable to the reservation under Section 6.5. Availability is not guaranteed, and the Company will inform the Customer before confirmation where a requested seat cannot be provided.
(d) Installation and suitability remain the Customer’s responsibility. Drivers are not permitted to install, adjust, or secure child restraint systems, and no Driver’s assistance or observation constitutes approval of an installation. The Customer remains solely responsible for installing any restraint system correctly, for compliance with applicable child-passenger-safety law in every jurisdiction through which the Trip passes, and for confirming that the restraint system is appropriate for each child’s age, height, and weight.
(e) Consequence of non-compliance. Where a child requiring a restraint system presents for transportation without a suitable and correctly installed restraint system, the Driver must decline to perform the Trip. In that event the reservation is treated as a Customer No-Show under Section 11.1 and is non-refundable, because the Company and the Transportation Provider cannot lawfully perform it. This paragraph applies whether the failure arises from non-disclosure at booking, from the Customer failing to bring a seat the Customer undertook to supply, or from the Customer declining to install a seat provided.
(f) Where the Company is at fault. Paragraph (e) does not apply where the Customer disclosed the requirement at booking, the Company accepted it, and the Company or the assigned Transportation Provider failed to supply the seat. In that case the reservation is treated as a cancellation by the Company under Section 18.7 and Section 19.2, and a full refund is due.
13.5 Luggage
Customers are responsible for accurately disclosing luggage quantity and size at booking. Stated luggage capacities are estimates and are not binding. Oversized, excessive, fragile, hazardous, or unusual items may require a larger Vehicle or may not be accepted. Loading and stowing of luggage is performed as a courtesy, and neither the Company nor the Transportation Provider acts as a bailee of Customer property. The Company is not responsible for ordinary wear, damage, or loss to luggage resulting from normal transportation, except where caused by the Company’s or a Transportation Provider’s negligence and where liability cannot legally be disclaimed. This Section does not apply to mobility or assistive devices, which are governed by Section 13.10.
13.6 Non-Discrimination
The Company prohibits Transportation Providers and Drivers participating in the Platform from discriminating against, or refusing service to, any Customer or Passenger on the basis of disability, race, color, national origin, ancestry, religion, sex, gender, gender identity or expression, sexual orientation, marital status, medical condition, military or veteran status, age, or any other characteristic protected under applicable federal, state, or local law.
13.7 Service Animals — No Exceptions
Transportation Providers and Drivers participating in the Platform must accept Passengers accompanied by a service animal. There are no exceptions to this requirement on the grounds of allergies, religious objection, personal preference, or generalized fear of animals. A Provider or Driver who refuses service to a Passenger because of a service animal may be permanently removed from the Platform. The Company makes that determination at its sole discretion following review of the incident.
13.8 What Is a Service Animal; No Documentation Required
A service animal is an animal individually trained to do work or perform tasks for the benefit of an individual with a disability. Passengers are not required to provide documentation, certification, registration, identification, a vest, a harness marking, or any other proof that an animal is a service animal, and are not required to place a service animal in a crate or carrier. A Driver who is unsure may ask only (a) whether the animal is a service animal required because of a disability, and (b) what work or task the animal has been trained to perform.
13.9 No Cleaning Fee for Service Animals
No cleaning fee may be charged for shedding, hair, or the ordinary presence of a service animal, and no Transportation Provider or Driver is entitled to such a fee. If such a fee has been charged, notify the Company at the contact details in Section 31 and it will be refunded in accordance with Section 19.
13.10 Assistive Devices
Transportation Providers and Drivers must not refuse service to a Passenger with a disability who is able to enter the Vehicle unaided, and must assist with the stowing of assistive devices — including folding wheelchairs, walkers, crutches, canes, and portable oxygen — to the same extent they would assist with any other luggage.
13.11 Advance Accommodation Requests
Where a Customer requires a wheelchair-accessible Vehicle, a lift or ramp, or another accommodation that depends on specific vehicle equipment, the Customer should request it at the time of booking so that the Company can assign a suitably equipped Transportation Provider. This Section does not condition the rights in Sections 13.6 to 13.10 on advance notice.
13.12 Non-Service Animals
Pets and other animals that are not service animals may be carried only where agreed in advance and where the assigned Transportation Provider has approved. Where agreed, the Customer is responsible for securing the animal appropriately and for any excessive mess or damage, subject to Section 16. A Provider may decline to carry an animal that was not agreed in advance.
13.13 Reporting Accessibility Issues
To report a refusal of service, harassment, an improper cleaning fee, or any other issue relating to a service animal, an assistive device, or discrimination, contact the Company at the details in Section 31. The Company investigates every such report and takes appropriate action, which may include permanent removal of a Provider or Driver from the Platform.
13.14 Flow-Down to Providers
The obligations in Sections 13.6 to 13.13 are imposed on every Transportation Provider by contract under the Company’s Transportation Provider Agreement.
13.15 Platform Accessibility
The Company works to make its website and applications accessible and to conform with WCAG 2.1 Level AA. If you encounter an accessibility barrier, contact us at the details in Section 31 and we will work with you to provide the information or complete the transaction through an alternative accessible means.
14. Prohibited Activities
The following are strictly prohibited during transportation services:
- commission of any criminal offense;
- possession of illegal substances or transportation of hazardous materials prohibited by law;
- possession of firearms, ammunition, explosives, fireworks, or other weapons, except where carriage is expressly authorized by law and disclosed to the Company in advance;
- open containers of alcohol where prohibited by applicable law;
- smoking or vaping of any kind in the Vehicle;
- use of fraudulent payment methods or provision of false identity information;
- threatening or assaulting Drivers or Passengers;
- vandalism or interference with Vehicle operation; and
- any conduct that endangers public safety.
Violation of this Section may result in immediate termination of service without refund, may result in the full reservation amount being charged, and may be reported to appropriate law-enforcement authorities.
15. Lost and Found
Passengers are solely responsible for ensuring that all personal belongings are removed from the Vehicle upon completion of the Trip. The Company and participating Transportation Providers are not insurers of lost property and do not guarantee recovery of any item left in a Vehicle. Where lost property is located, the Company may, at its discretion, coordinate its return; shipping, handling, storage, and administrative costs may be charged to the Customer. Unclaimed property may be disposed of in accordance with applicable law after any applicable retention period.
16. Cleaning, Damage, and Repair Charges
16.1 Responsibility
Customers are financially responsible for damage to, or excessive soiling of, a Vehicle caused by themselves or by any Passenger included in their reservation, beyond ordinary wear.
16.2 Evidence and Notice
Before charging any cleaning or damage amount, the Company will:
(a) obtain from the Transportation Provider photographic evidence of the damage or soiling and, for repair costs, a written estimate or invoice; (b) notify the Customer in writing, with that evidence, within [[seventy-two (72) hours]] of the Trip; and (c) allow the Customer [[five (5)]] Business Days to respond before charging the authorized payment method.
The Company will not charge a cleaning or damage amount on the basis of an unevidenced allegation. Where the Company is required to act more quickly to preserve a claim, it will still provide the evidence and an opportunity to respond, and will reverse the charge if the response establishes that it was not properly due.
16.3 Amount and Collection
Cleaning and damage charges are limited to the lesser of (i) the reasonable documented cost of cleaning or repair, together with documented out-of-service time where the Vehicle could not be operated, calculated at the rates applicable to the reservation under Section 6.5; and (ii) the applicable amount stated in the Cleaning and Damage Schedule under Section 16.5. Where the documented cost exceeds the Schedule amount, the Company may charge above the Schedule only with the Customer’s separate written authorization, or by pursuing the amount as a claim outside these payment provisions.
Acting as the Provider’s limited payment collection agent, the Company remits the amount collected to the applicable Transportation Provider. Such amounts are collected for the Provider’s account and are non-refundable except where the underlying charge is determined to have been made in error or is reversed following a dispute under Section 16.4.
16.4 Disputes
A Customer may dispute a cleaning or damage charge through the process in Section 21. Section 13.9 overrides this Section in respect of service animals.
16.5 Cleaning and Damage Schedule
The Company publishes a Cleaning and Damage Schedule stating the standard amounts charged for common categories of cleaning and damage. The Schedule in effect at the time a reservation is confirmed is the Schedule applicable to that reservation, and on request. The categories are:
Category | Standard amount |
Smoking or vaping in the Vehicle — deodorising and detailing | $500 |
Bodily fluids requiring professional remediation | $250 minimum, or documented cost if higher |
Excessive soiling, spills, or food waste requiring cleaning beyond ordinary turnaround | $150 |
Damage to upholstery, trim, glass, or fittings | Documented repair cost |
Out-of-service time where the Vehicle cannot be operated | Documented, under Section 6.5 |
Every charge under this Schedule remains subject to the evidence and notice requirements in Section 16.2. The Company does not charge a Schedule amount on the basis of an unevidenced allegation, and the standard amounts are not charged automatically or as a penalty — they are the Company’s reasonable pre-estimate of the cost of the category concerned, and where the actual documented cost is lower, the lower amount is charged.
Section 13.9 overrides this Section in respect of service animals: no cleaning charge of any kind may be made for shedding, hair, or the ordinary presence of a service animal.
17. Right to Refuse or Terminate Service
17.1 Our Standards and Our Discretion
The Company is committed to providing service in a fair, professional, and lawful manner, and it is the Company’s policy not to refuse, suspend, or terminate service arbitrarily. Where the Company refuses, suspends, cancels, or terminates service, it will on request tell the Customer the general reason, and the Customer may ask the Company to review that decision under Section 17.4.
This Section states the Company’s operating policy and the internal review it offers. It does not create a contractual standard of review or a cause of action for failing to meet that standard, and the availability of internal review is not a condition precedent to, a substitute for, or a limitation on any right the Customer has under Section 27 or under applicable law. Subject to the foregoing, the Company may decline, refuse, suspend, cancel, or terminate any reservation, account, or access to the Platform, with or without prior notice.
17.2 Grounds for Refusal or Termination
Grounds on which the Company and participating Transportation Providers may refuse, suspend, cancel, or terminate service include, without limitation:
- safety concerns affecting the Customer, Passenger, Driver, public, or Vehicle;
- failure to complete required payment or payment authorization;
- suspected fraudulent activity or unauthorized use of a payment method, or failure to provide reasonable verification when requested under Section 8;
- inaccurate, false, incomplete, or misleading booking information;
- passenger count, luggage, or cargo exceeding the legal or safe capacity of the assigned Vehicle;
- unlawful, abusive, threatening, violent, discriminatory, or harassing conduct, or excessive intoxication;
- possession of illegal drugs, unlawful weapons, or prohibited hazardous items;
- interference with the Driver’s safe operation of the Vehicle, or damage or threatened damage to property;
- failure to comply with reasonable safety instructions or with applicable law, airport rules, venue rules, or these Terms;
- chargeback abuse or a pattern of disputed payments;
- unavailability of a Vehicle or Transportation Provider; or
- a Force Majeure Event or other circumstance beyond the Company’s reasonable control that makes service unsafe, unlawful, or commercially impracticable.
Nothing in this list limits Section 17.1.
17.3 Termination During Service
If service is terminated after the Driver has arrived or the Trip has begun due to unsafe, unlawful, abusive, fraudulent, or materially improper conduct by the Customer or any Passenger, the Customer remains responsible for the full reservation amount and any applicable cleaning, damage, waiting-time, repair, administrative, or other charges permitted under these Terms. If service is terminated for a reason not caused by the Customer or Passenger — such as a Vehicle failure or Provider issue — the Customer may be eligible for replacement service, rescheduling, or a refund for the unfulfilled portion, subject to the Refund Policy (Section 19) and applicable law.
17.4 Remedies and Right to Request Review
Where service is refused, canceled, or terminated for reasons not caused by the Customer or Passenger, the Company will make commercially reasonable efforts to provide a remedy such as a replacement Driver or comparable Vehicle, rescheduling, a full or partial refund for the portion not provided, or another reasonable resolution.
A Customer who believes service was refused or terminated in error may request a review under Section 21. The review process in Section 21 is an internal service standard and is not a contractual condition precedent to, a substitute for, or a limitation on, any right the Customer has under Section 27 or under applicable law.
17.5 Reporting Serious Incidents
The Company and participating Transportation Providers may report suspected criminal activity, fraud, threats, violence, unsafe conduct, property damage, or unlawful behavior to law enforcement, payment processors, financial institutions, insurance carriers, or regulatory authorities where permitted or required by law.
18. Cancellation Policy
18.1 How to Cancel
Customers may request cancellation of a confirmed reservation through an approved channel, including telephone, email, SMS, or the Company’s reservation system. A cancellation is not effective until the Company receives and confirms the cancellation request, or the cancellation is successfully recorded through a Company-approved system. The Company will acknowledge a cancellation request and state the time of receipt. The applicable refund is determined by the time the cancellation request is received by the Company, measured against the scheduled pickup time or, for services with no pickup, the scheduled service start time.
18.2 Vehicle Categories
For the purposes of Sections 18.3 to 18.6, Vehicles fall into three categories. The category applicable to a reservation is stated in the booking confirmation.
Category 1 — Standard Vehicles. Sedans, SUVs, and other passenger vehicles with a capacity of up to six (6) passengers.
Category 2 — Large and Specialty Vehicles. Sprinter vans and similar passenger vans; transit vans; stretch limousines and similar specialty vehicles; and any other Vehicle with a passenger capacity of seven (7) to twenty (20) passengers, or designated by the Company as a Large or Specialty Vehicle at the time of booking.
Category 3 — CDL Vehicles. Buses, minibuses, and motor coaches, and any other Vehicle with a passenger capacity of twenty-one (21) or more, or requiring a driver holding a Commercial Driver’s License.
Where a reservation involves more than one Vehicle category, the rule applicable to each Vehicle applies to that Vehicle’s portion of the Charges.
18.3 Cancellation — Domestic Transfers (Airport, Rail, and Point-to-Point)
Applies to transfers performed wholly within the United States.
Vehicle category | Notice required for refund | Refund if cancelled with required notice | Refund if cancelled inside the window |
Category 1 — Sedan / SUV | 6 hours or more before pickup | 100% less the Administrative / Merchant Processing Fee | No refund |
Category 2 — Transit / Sprinter / Limousine | 24 hours or more before pickup | 100% less the Administrative / Merchant Processing Fee | No refund |
Category 3 — CDL Vehicles (21+ passengers) | 30 days or more before pickup | 100% less the Administrative / Merchant Processing Fee | See 18.3(b) |
Greeter, VIP gate, or meet-and-assist service only | 72 hours or more before service start | 100% less the Administrative / Merchant Processing Fee | No refund — see 18.9 |
No-Show (any category) | — | — | No refund |
(a) A cancellation received exactly at the boundary of a window is treated as received within the refundable period. For example, a Category 1 cancellation received exactly six (6) hours before the scheduled pickup qualifies for the refund.
(b) Category 3 partial refund. For Category 3 reservations cancelled less than 30 days but 10 days or more before the scheduled pickup, the Customer receives a refund of [[fifty percent (50%)]] of the reservation amount. Cancellations received less than 10 days before the scheduled pickup are non-refundable. This reflects the Company’s ability to reassign a coach or bus with meaningful notice and its inability to do so close to the service date.
18.4 Cancellation — International Services
International Services Not Currently Offered. The Company does not currently operate, perform, or provide transportation services outside the United States. Accordingly, this Section 18.4 does not apply to reservations booked for transportation services currently offered by the Company within the United States. If the Company offers or arranges transportation services outside the United States in the future, the applicable international cancellation terms will be disclosed to the Customer at or before the time of booking and will govern those services.
Where applicable in the future, this Section will apply to transportation performed wholly or partly outside the United States. International reservations may be arranged through correspondent or third-party operators whose commitments are made in advance and may be non-recoverable.
Vehicle category | Notice required for refund | Refund if cancelled inside the window |
Category 1 — Sedan / SUV | 48 hours or more before pickup | No refund |
Category 2 — Transit / Sprinter / Limousine (transfers and hourly) | 10 days or more before pickup | No refund |
Category 3 — CDL Vehicles | 30 days or more before pickup | No refund |
Greeter, VIP gate, or meet-and-assist service only | 72 hours or more before service start | No refund — see 18.9 |
No-Show (any category) | — | No refund |
Where a cancellation is received with the required notice, the refund is 100% of the amount paid less the Administrative / Merchant Processing Fee and less any non-recoverable third-party cost under Section 18.9 that the Company has already irrevocably incurred and can document.
18.5 Cancellation — Hourly and As-Directed Services
Vehicle category | Notice required for refund | Refund if cancelled inside the window |
Category 1 — Sedan / SUV | 6 hours or more before service start | No refund |
Category 2 — Transit / Sprinter / Limousine | 10 days or more before service start | No refund |
Category 3 — CDL Vehicles | 30 days or more before service start | See 18.3(b), applied to the service start time |
No-Show (any category) | — | No refund |
Where a cancellation is received with the required notice, the refund is 100% of the amount paid less the Administrative / Merchant Processing Fee.
Early release. Where a Customer voluntarily releases the Vehicle before the confirmed hourly minimum has elapsed, the Customer remains responsible for the full confirmed minimum, and no partial refund is due for the unused portion. This does not apply where the service is curtailed by the Company, the Transportation Provider, or a Force Majeure Event, in which case Section 19.4 applies.
18.6 Deposits, Prepayment, and When Payment Is Taken
(a) Deposit-bearing services. A deposit of [[fifty percent (50%)]] of the reservation total is payable at the time of booking for all Category 2 and Category 3 reservations, all hourly and as-directed reservations, all international reservations, and all reservations for weddings, proms, concerts, sporting events, corporate events, group transportation, and multi-vehicle bookings. The deposit is non-refundable once the applicable cancellation window in Sections 18.3 to 18.5 has passed. Where the reservation is cancelled with the required notice, the deposit is refunded in accordance with the applicable table.
(b) Services not requiring a deposit. Category 1 domestic transfers, rail transfers, and standalone greeter, VIP gate, and meet-and-assist services do not require a deposit at booking. The full reservation amount is charged to the payment method on file [[twenty-four (24) hours]] before the scheduled pickup or service start time, under the standing authorization in Section 7.6(a). Where a reservation is made less than [[twenty-four (24)]] hours before the scheduled pickup, the full amount is charged at confirmation.
(c) Balance on deposit-bearing services. Where a deposit has been taken, the remaining balance is charged to the payment method on file at the point the applicable cancellation window in Sections 18.3 to 18.5 closes, or [[twenty-four (24) hours]] before the scheduled pickup, whichever is later.
(d) Notice before charging. The Company will send the Customer written notice at least [[twenty-four (24) hours]] before charging a balance or a full prepayment under (b) or (c), stating the amount and the date it will be charged. This notice is a transactional communication under Section 9.1.
(e) Failure to maintain a valid payment method. Where a charge under (b) or (c) is declined and the Customer does not provide a valid payment method within [[twenty-four (24) hours]] of the Company’s notice, the Company may cancel the reservation. A cancellation on this ground is treated as a Customer cancellation under Section 18.8, and the applicable cancellation charge applies.
(f) Reservation-specific terms. Where different deposit, prepayment, or cancellation terms are disclosed in the booking confirmation and accepted by the Customer, those specific terms control to the extent they differ from this Section.
18.7 Administrative / Merchant Processing Fee
Where a Customer qualifies for a full refund under Sections 18.3 to 18.5, the Company may deduct an Administrative / Merchant Processing Fee equal to [[4%]] of the total amount paid, covering payment-processing, merchant, transaction, and administrative costs incurred in processing the original reservation and the cancellation. Accordingly, where these Terms refer to a 100% refund on a Customer-initiated cancellation, the Customer receives the full refundable reservation amount less this Fee. The applicable percentage is disclosed to the Customer at or before the time of booking. The Fee is not deducted where the Company cancels under Section 18.9, or where applicable law requires it to be refunded.
18.8 Changes Treated as Cancellation
A material change requested by the Customer may be treated as a cancellation of the existing reservation and the creation of a new one. Material changes include changes to the scheduled pickup date; the scheduled pickup time by more than [[two (2) hours]]; the Vehicle category; the pickup or destination location where the change materially alters distance or duration; the duration of an hourly reservation; the number of Vehicles required; or any other material element of the confirmed reservation.
Where a requested change cannot be accommodated and falls within an applicable cancellation period under Sections 18.3 to 18.5, the corresponding cancellation and refund terms apply. The Company may, at its discretion and subject to availability, accommodate a requested change without treating it as a cancellation, and any revised reservation may be repriced at the rates applicable at the time of the change. Where a change is accommodated without repricing, the original price stands.
18.9 Non-Recoverable Third-Party Costs
Some services require the Company or a Transportation Provider to commit irrevocably to third-party costs before the service date. These include airport greeter and VIP gate staffing and security fees, terminal and facility access permits, venue and event permits, correspondent-operator deposits for international services, and similar advance commitments.
(a) Where such a cost has been irrevocably incurred and cannot be recovered by the Company or the Provider, that documented amount may be retained from an otherwise refundable amount. The Company will identify the cost and its amount when the refund is calculated.
(b) The Company will disclose at or before booking where a reservation carries non-recoverable third-party costs and, where the amount is known, what it is.
(c) A greeter, VIP gate, or meet-and-assist service that is missed because of the Passenger’s late arrival, a flight or documentation problem, or denied boarding is treated as a No-Show under Section 11.1 and is non-refundable, because the greeter has attended and the third-party cost has been incurred.
(d) This Section does not apply where the Company cancels for a reason not caused by the Customer, or where a Force Majeure Event prevents the third-party cost from being incurred at all.
18.10 Cancellation by the Company, and Effect of Cancellation
(a) Company cancellation. Where the Company cancels a reservation for a reason not caused by the Customer and is unable to provide replacement transportation, reassign a Provider, or reschedule with the Customer’s agreement, the Company will issue a full refund of the amount paid for the affected service, without deduction of the Administrative / Merchant Processing Fee and without deduction under Section 18.9.
(b) Cancellation attributable to the Customer. Where a reservation is cancelled because of the Customer’s conduct, inaccurate information provided by the Customer, payment failure under Section 18.6(e), violation of these Terms, or safety concerns attributable to the Customer, the cancellation is treated as a Customer cancellation and the applicable cancellation charges apply.
(c) Effect of cancellation. Cancellation does not release the Customer from responsibility for amounts properly incurred before or as a result of the cancellation, including cancellation charges, the Administrative / Merchant Processing Fee, non-recoverable third-party costs under Section 18.9, no-show charges, waiting-time charges, services already performed, additional services requested, and cleaning or damage charges under Section 16.
(d) Where a reservation is designated non-refundable under this Section, no portion of the amount paid is refunded unless otherwise required by applicable law or expressly approved by the Company in writing.
19. Refund Policy
19.1 General Standard
The Company will review refund requests in accordance with this Policy, the applicable cancellation terms in Section 18, the circumstances of the reservation, and applicable law.
Refund eligibility may depend on the reason for the cancellation or refund request, the timing of the cancellation, the status of the service, the amount of service already provided, the conduct of the Customer or Passengers, and any costs already incurred by the Company.
Nothing in this Policy limits any rights or remedies available to the Customer under applicable law.
19.2 Full Refunds
The Customer will be entitled to a full refund of all amounts paid for the affected service, without deduction of the Administrative / Merchant Processing Fee, where:
(a) the Company cancels a confirmed reservation for a reason not caused by the Customer and the Customer does not accept replacement transportation or rescheduling, as provided in Section 18.7;
(b) no Transportation Provider arrives to perform the confirmed service and the Company is unable to provide a reasonably suitable replacement within a commercially reasonable period; or
(c) applicable law otherwise requires the Company to issue a full refund.
For purposes of this Section, a refund resulting from a cancellation initiated by the Company for reasons not caused by the Customer will include any Administrative / Merchant Processing Fee previously charged in connection with the affected reservation.
19.3 Customer-Initiated Cancellation Refunds
Refunds for cancellations initiated by the Customer are determined in accordance with Section 18. In summary:
(a) Where the Customer cancels with the notice required for the applicable service category and Vehicle category under Sections 18.3, 18.4, or 18.5, the Customer receives a refund of the amount paid less the Administrative / Merchant Processing Fee under Section 18.7 and less any non-recoverable third-party cost under Section 18.9.
(b) Where the Customer cancels a Category 3 (CDL) reservation less than 30 days but 10 days or more before the scheduled pickup or service start, the Customer receives the partial refund stated in Section 18.3(b).
(c) Where the Customer cancels inside the applicable window, and Section 18.3(b) does not apply, the reservation is non-refundable.
(d) A No-Show is non-refundable.
The tables in Sections 18.3, 18.4, and 18.5 govern. This Section is a summary and does not vary them.
19.4 Partial Refunds for Service Issues
In addition to the 50% cancellation refund described in Section 19.3, the Company may issue a partial refund where only a portion of the confirmed service was provided or where a verified service failure materially affected the reservation.
In determining whether a partial refund or price adjustment is appropriate, the Company may consider:
- the portion of the service successfully completed;
- the nature and extent of the service issue;
- verified delays caused by the Company or Transportation Provider;
- whether replacement transportation was provided;
- the difference in vehicle category or service level provided;
- amounts already refunded or credited; and
- other relevant circumstances affecting the reservation.
Nothing in this Section permits the Company to reduce a refund that is otherwise expressly required under Section 18, Section 19.2, or applicable law.
19.5 Vehicle Substitution and Delays
A vehicle substitution does not automatically entitle the Customer to a refund where the substituted Vehicle is reasonably comparable, suitable for the number of Passengers and luggage, and capable of safely completing the confirmed service.
If the substitute Vehicle is materially lower in category, capacity, features, or value than the Vehicle reserved, the Customer may be eligible for an appropriate price adjustment, partial refund, or other reasonable remedy based on the circumstances.
A delay does not automatically entitle the Customer to a refund.
Delay-related refund requests may be reviewed based on factors including:
- the cause and duration of the delay;
- communications between the parties;
- pickup and traffic conditions;
- Transportation Provider records;
- whether replacement service was offered or provided; and
- whether the Customer ultimately received the contracted transportation service.
19.6 Non-Refundable Situations
Unless otherwise required by applicable law or expressly approved by the Company in writing, no refund will be issued where:
(a) a reservation is cancelled inside the notice window applicable to its service category and Vehicle category under Sections 18.3, 18.4, or 18.5, and no partial refund is provided under Section 18.3(b);
(b) a greeter, VIP gate, or meet-and-assist service is missed in the circumstances described in Section 18.9(c);
(c) the Customer or Passenger is classified as a No-Show;
(d) the Customer provides materially incorrect pickup, destination, date, time, flight, Passenger, or contact information that prevents or materially interferes with performance of the service;
(e) the Customer refuses transportation after the Driver or Vehicle has arrived, except where the refusal results from a material failure by the Company or Transportation Provider to provide the contracted service;
(f) the Customer or Passenger violates these Terms;
(g) the Customer or Passenger engages in unsafe, abusive, threatening, unlawful, fraudulent, or materially improper conduct;
(h) the Customer refuses a reasonably suitable substitute Vehicle that satisfies the requirements of Section 19.5; or
(i) the service cannot be performed or is materially delayed because of a Force Majeure Event or another circumstance beyond the Company’s reasonable control, subject to any rights the Customer may have under applicable law.
19.7 Administrative / Merchant Processing Fee
Where Section 18 or this Section provides for a Customer-initiated refund subject to an Administrative / Merchant Processing Fee, the Company may deduct the percentage disclosed at or before the time of booking from the refundable amount.
The Administrative / Merchant Processing Fee does not apply where:
(a) the Company cancels the reservation for a reason not caused by the Customer and a full refund is due under Section 19.2; or
(b) applicable law requires the applicable fee to be refunded.
The Company will disclose the nature and amount or applicable percentage of the Administrative / Merchant Processing Fee in accordance with Section 18.4.
19.8 Processing Time and Refund Method
Approved refunds will generally be submitted by the Company for processing within five (5) to ten (10) Business Days after approval.
After the Company submits the refund, the time required for the refund to appear in the Customer’s account may vary depending on the Customer’s bank, card issuer, payment processor, or other financial institution.
The Company is not responsible for processing or posting delays attributable solely to those third parties after the refund has been properly submitted.
Refunds will generally be issued to the original payment method unless another lawful refund method is agreed upon or reasonably necessary.
The Company may offer a service credit, coupon, or other alternative resolution where appropriate. A Customer will not be required to accept a credit instead of a monetary refund where a monetary refund is required under these Terms or applicable law.
20. Service Credits, Coupons, and Promotions
The Company may offer promotional discounts, coupon codes, referral credits, service credits, loyalty benefits, or other incentives from time to time, subject to the terms stated at issuance. Unless expressly stated otherwise in writing, such credits have no cash value, may not be exchanged for cash, and may only be applied toward eligible future reservations. Promotional offers may be subject to expiration dates, vehicle-category or geographic limits, minimum-fare requirements, blackout dates, one-time-use and non-transferability restrictions, and restrictions on combining offers. The Company may reject, cancel, suspend, or revoke any promotional credit where it reasonably believes there has been fraud, abuse, duplicate-account creation, unauthorized transfer, or violation of these Terms. Providing a credit, coupon, or discount as a goodwill gesture is not an admission of fault, liability, negligence, or breach.
21. Customer Complaints and Service Review
Customers may submit complaints, service concerns, refund requests, or billing disputes to Company customer support, which will review them in a fair and commercially reasonable manner. Customers are encouraged to submit complaints as soon as reasonably possible — and, where practicable, within [[seven (7)]] Business Days after the Trip date — so the Company can investigate while records, Driver statements, and communications remain available. Failure to submit within this period may limit the Company’s ability to investigate, but does not limit any rights the Customer may have under applicable law.
To assist review, the Customer should provide the reservation number, Passenger name, pickup date and locations, a description of the issue, and any supporting photos, receipts, or communications. The Company may review reservation, payment, call, SMS, email, and dispatch records, and may contact the Customer, Driver, Provider, or payment processor. After review, the Company may offer an appropriate resolution, which may include an explanation, correction of billing errors, a full or partial refund, a service credit or coupon, rescheduling, replacement service, internal corrective action, or no refund where the complaint is not supported by available records. Reviewing a complaint or offering a resolution is not an admission of fault or liability.
Where a Customer disagrees with the outcome, they may request a further review. This Section describes an internal service standard. It is not a contractual condition precedent to, and does not limit or delay, the dispute-resolution process in Section 27 or any right under applicable law.
22. Service Standards, Limitations, and Warranty Disclaimer
22.1 Service Commitment and Practical Limitations
The Company makes commercially reasonable efforts to provide professional, reliable, and timely transportation coordination through accurate booking support, clear communication, qualified assignments, and reasonable assistance before, during, and after the Trip. Certain factors may nonetheless affect timing, availability, routing, or completion, including traffic, weather, road closures, construction, accidents, airport rules or congestion, venue restrictions, mechanical issues, passenger or flight delays, government restrictions, and other circumstances beyond reasonable control.
22.2 Estimates and Pickup Recommendations
Estimated travel times, pickup recommendations, and arrival estimates are provided for planning convenience only. The Customer remains responsible for selecting a pickup time that allows sufficient time for flights, meetings, events, baggage handling, security screening, customs, or other commitments. The Company does not guarantee exact arrival times, travel times, route duration, airport processing time, traffic or weather conditions, flight status, or event access, and is not responsible for delays or service limitations caused by circumstances outside its reasonable control.
22.3 Driver Assignment
The Company may assign or reassign a Driver or Transportation Provider based on availability, licensing, service area, vehicle category, operational needs, and safety. If a Customer requests a specific Driver, the Company may make commercially reasonable efforts to accommodate the request, but a specific Driver is not guaranteed unless expressly confirmed in writing.
22.4 WARRANTY DISCLAIMER
THE PLATFORM AND THE COMPANY’S SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS EXPRESSLY STATED IN THESE TERMS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UNINTERRUPTED SERVICE, AND ERROR-FREE OPERATION.
THE COMPANY MAKES NO WARRANTY REGARDING THE QUALITY, SUITABILITY, SAFETY, PUNCTUALITY, OR ABILITY OF ANY TRANSPORTATION PROVIDER, DRIVER, OR VEHICLE.
NOTHING IN THIS SECTION LIMITS ANY RIGHT THAT CANNOT LAWFULLY BE WAIVED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN THOSE JURISDICTIONS THIS SECTION APPLIES ONLY TO THE EXTENT PERMITTED.
23. Limitation of Liability
23.1 EXCLUSION OF INDIRECT DAMAGES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE PLATFORM, THE BOOKING PROCESS, TRANSPORTATION COORDINATION, COMMUNICATIONS, PAYMENTS, RESERVATION CHANGES, CANCELLATIONS, DELAYS, OR TRANSPORTATION SERVICES — INCLUDING DAMAGES FOR MISSED FLIGHTS, MEETINGS, APPOINTMENTS, EVENTS, OR HOTEL CHECK-INS; LOST BUSINESS OPPORTUNITIES, INCOME, PROFITS, OR GOODWILL; BUSINESS INTERRUPTION; EMOTIONAL DISTRESS; INCONVENIENCE; TRAVEL DISRUPTION; UNAPPROVED REPLACEMENT-TRANSPORTATION COSTS; OR LOSS, THEFT, OR DAMAGE TO PERSONAL BELONGINGS — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23.2 LIABILITY CAP
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO A RESERVATION, TRANSPORTATION SERVICE, PAYMENT, REFUND, DISPUTE, OR USE OF THE PLATFORM SHALL NOT EXCEED THE LESSER OF (A) FIVE HUNDRED UNITED STATES DOLLARS (US$500.00), OR (B) THE CHARGES APPLICABLE TO THE SPECIFIC TRANSPORTATION SERVICE FROM WHICH SUCH LIABILITY AROSE. THIS LIMITATION APPLIES IN THE AGGREGATE TO ALL CLAIMS ARISING FROM THE SAME RESERVATION OR SERIES OF RELATED EVENTS, REGARDLESS OF THE NUMBER OF CLAIMS OR THEORIES OF LIABILITY ASSERTED, AND APPLIES WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE.
23.3 Providers; No Prohibited Limitation; Mitigation
Where a claim arises from the conduct, operation, negligence, or omission of an independent Transportation Provider or Driver, the Customer acknowledges that such claim may be subject to the Provider’s own insurance, obligations, and applicable law, and that Section 4 governs.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including for death or personal injury caused by the Company’s own negligence, for the Company’s own fraud or fraudulent misrepresentation, or for gross negligence or willful misconduct, to the extent such liability cannot lawfully be limited.
The Customer agrees to take reasonable steps to reduce or avoid losses, including providing accurate information, choosing reasonable pickup times, staying reachable, promptly notifying the Company of issues, and allowing a reasonable opportunity to resolve them.
23.4 Allocation of Risk
The Customer acknowledges and agrees that the prices and fees charged by the Company for its services have been set in reliance upon the limitations of liability, disclaimers, and risk allocations set forth in Section 23 and Section 24. The Customer agrees that these provisions reflect a reasonable and fair allocation of risk between the Customer and the Company, and that these limitations form an essential basis of the bargain and contract between the parties.
23.5 TIME LIMITATION ON CLAIMS
(a) Notice of lost property. To enable the Company to locate property left in a Vehicle before the Vehicle re-enters service, the Customer must report any item left in the Vehicle within twenty-four (24) hours after completion of the Trip. Where a report is made later, the Company will still make reasonable efforts to assist, but does not undertake to locate the item and is not responsible for its loss or disposal. Section 15 governs lost property generally.
(b) Notice of service issues and billing disputes. Complaints about the service provided, and disputes about amounts charged, are governed by Section 21, and the Customer is encouraged to raise them within [[seven (7)]] Business Days of the Trip. Cleaning and damage charges are governed by the notice and response periods in Section 16.2. Nothing in this Section 23.5 shortens those periods or limits any right the Customer has under applicable law.
(c) Statute of limitations for legal claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY FORMAL CLAIM, DEMAND, OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, A RESERVATION, A TRIP, THE PLATFORM, OR ANY PAYMENT OR REFUND MUST BE FILED OR COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH THE CLAIM ACCRUED, AND IS PERMANENTLY BARRED THEREAFTER. THIS SUBSECTION DOES NOT APPLY WHERE APPLICABLE LAW PROHIBITS THE SHORTENING OF A LIMITATION PERIOD, AND DOES NOT APPLY TO A CLAIM FOR PERSONAL INJURY OR DEATH.
24. Assumption of Risk
The Customer acknowledges that ground transportation involves ordinary and inherent risks, including traffic and road conditions, weather, sudden stops, accidents, construction, airport congestion, public events, mechanical issues, and the actions of other road users. By booking or using transportation services arranged through the Company, the Customer voluntarily accepts these ordinary risks, except where a risk arises from conduct that cannot lawfully be disclaimed.
The Customer assumes responsibility for all personal belongings, luggage, electronics, medication, documents, valuables, and other property brought into the Vehicle, and is encouraged to keep valuables in their personal possession at all times.
This Section does not waive any claim the Customer may have against a Transportation Provider or Driver, does not extend the limitations in Section 23, and does not apply to liability that cannot lawfully be excluded under Section 23.3.
25. Force Majeure
The Company shall not be responsible or liable for any delay, failure, interruption, cancellation, or inability to perform where it results from events beyond the Company’s reasonable control (each, a “Force Majeure Event”). Force Majeure Events include, without limitation: severe weather; natural disasters, earthquakes, floods, and fires; traffic emergencies, road closures, and accidents; airport closures and flight cancellations; government orders and law-enforcement activity; civil unrest, terrorism, and war; strikes and labor or fuel shortages; public-health emergencies; utility, technology, internet, or payment-processor failures; cyberattack; vehicle breakdowns; the acts or omissions of third parties; and any other event that makes service unsafe, unlawful, impossible, or commercially impracticable.
Where a Force Majeure Event affects a reservation, the Company will make commercially reasonable efforts to notify the Customer, coordinate with the Transportation Provider, provide an available alternative, reschedule, or issue an appropriate refund or credit in accordance with these Terms and applicable law. Except where liability cannot lawfully be limited, the Company is not liable for missed flights, events, or appointments, business losses, emotional distress, inconvenience, replacement-transportation costs, or additional expenses resulting from a Force Majeure Event.
This Section does not excuse an obligation to pay amounts already due for services already performed.
26. Indemnification
26.1 Customer Indemnity
To the fullest extent permitted by applicable law, the Customer agrees to defend, indemnify, and hold harmless the Company and its owners, officers, directors, members, managers, employees, contractors, agents, affiliates, representatives, successors, and assigns from and against any claims, damages, losses, liabilities, costs, expenses, fines, penalties, demands, actions, or reasonable legal fees arising out of or relating to:
- the Customer’s breach of these Terms;
- false, inaccurate, or misleading booking information;
- unauthorized use of a payment method, including use of a Cardholder’s payment method without that Cardholder’s authorization, and any breach of the representations given under Sections 7.1, 7.5, and 8.3;
- fraudulent conduct or chargeback abuse;
- damage to a Vehicle or associated cleaning or repair costs;
- illegal, unsafe, abusive, violent, or improper conduct by the Customer or any Passenger;
- injury or damage caused by the Customer or Passenger;
- violation of applicable law or of airport, venue, or local transportation rules; and
- any claim brought by a Passenger or third party arising from a reservation made by the Customer.
26.2 Bookings on Behalf of Others
If the Customer books transportation on behalf of another person or entity, the Customer is responsible for communicating these Terms to that Passenger and remains responsible for all charges, conduct, damages, and claims arising from the reservation.
26.3 Limits on the Indemnity
This indemnity does not apply to the extent a claim arises from the Company’s own negligence, gross negligence, willful misconduct, or breach of these Terms, or to any liability that cannot lawfully be indemnified under applicable law.
26.4 Procedure
The Company will notify the Customer of any claim subject to this Section within a reasonable time of becoming aware of it. The Customer agrees to cooperate reasonably in the defense of any indemnified claim. The Company may assume exclusive defense and control of any matter subject to indemnification. The Customer shall not settle any such claim without the Company’s prior written consent where the settlement affects the Company’s rights, obligations, or financial exposure, and the Company shall not settle any such claim in a manner that imposes a non-indemnified obligation or an admission of liability on the Customer without the Customer’s written consent, not to be unreasonably withheld. These indemnification rights are in addition to any other remedies available to the Company.
27. Governing Law and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A CLAIM IN COURT AND TO HAVE A JURY DECIDE YOUR CLAIMS.
27.1 Governing Law
These Terms and any dispute arising out of or relating to them or to services arranged through the Company are governed by the laws of the State of {{GOVERNING_STATE}}, without regard to its conflict-of-laws principles, except (a) that the Federal Arbitration Act governs the interpretation and enforcement of Section 27.3, and (b) to the extent that the mandatory consumer-protection or transportation laws of the jurisdiction in which the Trip is performed, or in which the Customer resides, apply.
27.2 Informal Resolution First
Before initiating arbitration, the parties agree to first attempt in good faith to resolve any dispute informally. The complaining party must send a written Notice of Dispute to the other. The Customer’s notice goes to the address and email in Section 31; the Company’s notice goes to the contact information associated with the Customer’s reservations. The notice must state the party’s full name and contact details, the reservation number, a description of the dispute, and the relief sought.
The parties will make reasonable efforts to resolve the matter within thirty (30) days of that notice. This is a condition precedent to arbitration, and the applicable limitation period is tolled during this period. Either party may ask a court to enjoin an arbitration commenced before this process is complete.
27.3 Binding Arbitration and Class-Action Waiver
(a) Agreement to Arbitrate. Except as expressly provided below, any dispute, claim, or controversy arising out of or relating to these Terms, a reservation, a Trip, the Platform, any payment or refund, or the breach, termination, enforcement, interpretation, or validity of these Terms (each, a “Dispute”) shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (available at www.adr.org or by calling 1-800-778-7879), as modified by this Section. The arbitrator shall be a retired judge or an attorney licensed to practice in the state identified in Section 27.1, selected in accordance with the AAA Rules. The arbitrator has exclusive authority to resolve any Dispute, including any question of the scope, applicability, enforceability, or formation of this arbitration agreement, except as stated in subsections (d) and (e).
(b) Federal Arbitration Act. The parties agree that these Terms evidence a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this Section, notwithstanding the governing law stated in Section 27.1.
(c) Exceptions. The following are not subject to Sections 27.2 and 27.3:
(i) an individual claim brought in small-claims court, where the claim qualifies and remains in that court on an individual basis; (ii) an application for injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property or confidential information, or for temporary relief in aid of arbitration; (iii) a claim alleging sexual assault or sexual harassment arising from a Trip or from use of the Platform, which the Customer may elect to bring in arbitration or in a court of competent jurisdiction, consistent with the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, 9 U.S.C. §§ 401–402; and (iv) a claim for public injunctive relief, as provided in Section 27.5.
(d) Class-Action and Representative-Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS ONLY. THE PARTIES WAIVE ANY RIGHT TO BRING, JOIN, OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION, AND THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING, EXCEPT AS PROVIDED IN SECTION 27.4. The enforceability of this subsection (d) shall be determined by a court and not by the arbitrator.
(e) Severability of This Section. If subsection (d) is held invalid or unenforceable in whole or in part as to any Dispute, then Section 27.3 shall be null and void as to that Dispute only, which shall instead proceed in the courts identified in Section 27.7. All other Disputes remain subject to arbitration, and the remainder of these Terms shall remain in full force and effect. Nothing in this subsection permits class arbitration, which the parties expressly do not consent to under any circumstances. If any provision of this Section other than subsection (d) is held unenforceable, that provision is severed and the remainder of this Section continues in force.
(f) Costs. The Company will pay any portion of such fees allocated to it under those Rules within the time required, and will additionally pay any portion allocated to the Customer that exceeds what the Customer would have paid to file the same claim in the courts identified in Section 27.7, except where the arbitrator determines the claim was frivolous or brought for an improper purpose.
(g) Arbitration Procedure. The arbitration shall be conducted in the English language before a single arbitrator. The Customer may elect to have the arbitration conducted by telephone or videoconference, on the basis of documents alone, or in the county of the Customer’s residence. The arbitrator may award any relief available to the individual claimant in a court of competent jurisdiction, including statutory damages and attorneys’ fees where a statute so provides. The award is final and binding and may be entered in any court of competent jurisdiction.
(h) Confidentiality. The parties will keep the substance of any arbitration award confidential, except as necessary to enforce or challenge it, to comply with law, or to pursue a legal, regulatory, or insurance claim. Nothing in this subsection prevents a Customer from disclosing the existence of a dispute, describing their own experience, communicating with a regulator or law-enforcement authority, or making any disclosure protected by applicable law.
(i) Survival. This Section survives termination of these Terms and any reservation.
27.4 Coordinated and Mass Filings
If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against the Company by or with the assistance of the same or coordinated counsel, the demands shall be administered in batches of no more than fifty (50). The parties shall each select two bellwether cases per batch to proceed first, and the remaining cases in that batch shall be stayed. Following resolution of the bellwethers, the parties shall attempt in good faith to resolve the remaining cases in the batch, including through mediation. The applicable limitation period is tolled for all stayed claims. This Section is intended to promote efficiency and cost control, and neither party may invoke it as a basis to deny any claimant an individual hearing on the merits.
27.5 Public Injunctive Relief
Notwithstanding any other provision of this Section, a claim for public injunctive relief — injunctive relief having the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public — is not subject to arbitration and may be brought in a court of competent jurisdiction. Any such claim shall be stayed pending completion of arbitration of the arbitrable claims. If this Section 27.5 is held unenforceable, it shall be severed and the remainder of Section 27 shall survive.
27.6 Right to Opt Out of Arbitration
A Customer may opt out of Sections 27.3 and 27.4. To do so, send written notice within thirty (30) days of the date on which the Customer first accepted these Terms, to the address or email in Section 31, stating the Customer’s full name, the email address or telephone number associated with their reservations, and a clear statement of intent to opt out of arbitration. Opting out does not affect any other provision of these Terms and will not affect the Customer’s use of the Platform or the service they receive in any way.
27.7 Venue
To the extent any dispute proceeds in court rather than arbitration, the parties submit to the exclusive jurisdiction and venue of the state and federal courts located in the State of {{GOVERNING_STATE}}, and waive any objection to venue in those courts, except that the Customer may bring an individual claim in the courts of the county in which the Customer resides, and except where applicable law provides the Customer a non-waivable right to another forum.
27.8 Right to Reject Changes to This Section
If the Company materially changes this Section 27 after the date on which the Customer first accepted these Terms, the Customer may reject that change by sending written notice to the Company at the address in Section 31, or by email from the address associated with the Customer’s reservations, within thirty (30) days of the date the change became effective as indicated in the “Last Updated” date at the head of these Terms. To be effective, the notice must state the Customer’s full name and clearly indicate an intent to reject the change. A Customer who rejects a change agrees to arbitrate Disputes in accordance with this Section as it existed on the date the Customer last accepted it. Rejecting a change to this Section does not affect any other provision of these Terms.
28. Platform Use and Intellectual Property
28.1 Permitted and Prohibited Use
The Customer may use the Platform only for lawful purposes and in accordance with these Terms. The Customer shall not use the Platform for fraudulent, unlawful, abusive, or deceptive purposes; submit false booking information or impersonate another person; use another person’s payment method without authorization; interfere with the Platform’s functionality or attempt to bypass security controls; scrape, copy, or extract Platform data without authorization; upload malicious code; attempt unauthorized access to Company systems; harass or defraud any person; or misuse promotional codes, coupons, credits, or referral programs. The Company may suspend, restrict, or deny Platform access where it reasonably believes a Customer has violated these Terms or created legal, security, operational, or safety risk.
28.2 Platform Availability
The Company does not guarantee continuous, uninterrupted, or error-free access to the Platform, which may be unavailable due to maintenance, technology issues, third-party outages, security updates, or circumstances beyond reasonable control.
28.3 Intellectual Property and Feedback
All website content, branding, logos, trade and service names, text, graphics, images, designs, software, systems, booking workflows, and other intellectual property associated with the Company are owned by or licensed to the Company. Customers are granted a limited, non-exclusive, non-transferable, revocable right to access and use the Platform solely for lawful booking and service-related purposes, and shall not copy, reproduce, distribute, modify, publish, sell, license, reverse-engineer, or create derivative works from the Company’s intellectual property without prior written permission.
If a Customer provides suggestions, feedback, or reviews, the Customer grants the Company a non-exclusive, royalty-free, worldwide right to use that feedback for business improvement, customer service, marketing, training, or operational purposes, subject to applicable law and the Company’s Privacy Policy.
28.4 Reviews
Where the Platform or a third-party service invites a review, reviews must reflect the Customer’s own first-hand experience and must not contain unlawful, defamatory, discriminatory, harassing, or knowingly false content. The Company may decline to publish or may remove a review that breaches this Section but assumes no obligation to monitor reviews and does not endorse them. Nothing in these Terms restricts a Customer from publishing a truthful review of the Company or its services, and the Company does not impose or enforce any non-disparagement condition on Customers, consistent with the Consumer Review Fairness Act, 15 U.S.C. § 45b.
29. General Provisions
29.1 Entire Agreement and Conflict
These Terms, together with the booking confirmation, the Privacy Policy, the rates disclosed for the reservation in accordance with Section 6.5, and any written terms expressly incorporated by reference, constitute the entire agreement between the Customer and the Company regarding the Platform and services arranged through the Company, and supersede prior or contemporaneous communications, proposals, advertisements, quotations, or understandings on the same subject. If there is a conflict between these Terms and a specific written booking confirmation, the confirmation controls only as to the specific reservation details expressly stated in it, and all other provisions of these Terms remain in effect.
29.2 Updates to These Terms
The Company may amend these Terms. Where an amendment is material, the Company will give the Customer at least thirty (30) days’ notice before it takes effect, by email or SMS to the contact information associated with the Customer’s reservations and by posting the updated Terms on the Platform with a new version number and Last Updated date. Non-material amendments, including corrections of typographical errors and changes that do not affect the Customer’s rights or obligations, take effect on posting.
An amendment applies only to reservations confirmed on or after its effective date. No amendment applies to a reservation already confirmed, and no amendment applies retroactively to a dispute that arose before its effective date.
Continued use of the Platform, or submission of a new reservation request, after the effective date of an amendment constitutes acceptance of the amended Terms. A Customer who does not accept an amendment may stop using the Platform; any reservation already confirmed will be performed under the Terms in effect when it was confirmed. Section 27.8 governs amendments to Section 27.
29.3 Severability
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable or, if it cannot be so modified, severed, and the remaining provisions shall continue in full force and effect. Section 27.3(e) governs Section 27.
29.4 No Waiver
No failure or delay by the Company in exercising any right under these Terms operates as a waiver of that right, and no single or partial exercise of any right precludes any further exercise. A waiver is effective only if in writing and signed by an authorized representative of the Company.
29.5 Assignment
The Customer may not assign or transfer these Terms or any rights or obligations under them without the Company’s prior written consent. The Company may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, on notice to the Customer. These Terms bind and benefit the parties and their permitted successors and assigns.
29.6 Relationship and Third Parties
Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between the Customer and the Company. Except for the indemnified parties identified in Section 26, and except that Transportation Providers and the Company’s officers, directors, employees, and agents may enforce Sections 22, 23, 24, and 26 to the extent those Sections apply to them, these Terms do not create any third-party beneficiary rights.
29.7 Notices
Notices to the Company must be sent to the contact information in Section 31, and any notice under Section 27 must additionally be sent to the physical address stated there. The Company may provide notices to the Customer using the contact information associated with the reservation, and such notices are deemed received when sent.
29.8 Survival
Provisions that by their nature should survive termination or completion of a reservation — including Sections 4, 7, 8, 13, 14, 16, 22, 23, 24, 26, 27, 28, 29, and 30 — survive.
29.9 Headings and Interpretation
Section headings are for convenience only and do not affect interpretation. “Including” and “such as” are illustrative and not limiting. These Terms shall not be construed against either party by reason of authorship.
29.10 Language
These Terms are drafted in English. Any translation is provided for convenience only, and the English version governs.
29.11 Export and Sanctions
The Customer represents that they are not located in, and are not a national or resident of, any country subject to a United States government embargo, and that they are not listed on any United States government list of prohibited or restricted parties.
30. Privacy & Data Protection
The Company’s collection, use, and disclosure of personal information in connection with the Platform and Services is governed by the Company’s Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you acknowledge that your personal information will be handled in accordance with the Privacy Policy. In the event of any conflict between these Terms and the Privacy Policy on a matter concerning personal information, the Privacy Policy controls. This Section prevails over Section 29.1 to that extent.
31. Contact Information
Customers may contact the Company regarding these Terms, reservations, payments, refunds, complaints, or service concerns:
Company | Area Car Service LLC |
State of formation | Virginia |
Headquarters | Virginia |
Operations | Ground transportation arranged in the United States. See https://areacarservice.com/location/ for current service areas. |
info@areacarservice.com | |
Legal notices email | legal@areacarservice.com |
Phone | (888) 999-8679 |
Website | https://areacarservice.com |
For privacy-related requests, refer to the Company’s separate Privacy Policy. For driver or Transportation Provider terms, applicable providers should refer to the separate Transportation Provider Agreement. For internal data handling, employee access, and payment-security procedures, Company personnel should refer to the separate Internal Data Handling and Payment Security Policy.