Terms and Conditions

Consistent Chauffeur Service Worldwide

1. Acceptance.

Use of the Elite Limo-Boston (“Elite Limo”) web sites at www.EliteLimoBoston.com, www.EliteLimo-Boston.com, and www.squarespace.EliteLimoBoston.com (collectively, the “Web Site”), the on-line reservation services (the “Services”) provided by Elite Limo, and the Elite Limo and LimoAnywhere Mobile Applications (each a “Mobile App”), are subject to the terms and conditions of use set forth below (“Terms of Use”), which include Elite Limo’s Privacy Policy, incorporated into these Terms of Use by reference. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE, THE SERVICES, OR THE MOBILE APP. BY USING THE WEB SITE, THE SERVICES, OR THE MOBILE APP, YOU AGREE TO THESE TERMS OF USE. IF AN INDIVIDUAL IS USING THE WEB SITE, THE SERVICES, OR THE MOBILE APP ON BEHALF OF A BUSINESS ENTITY, WHETHER AS AN EMPLOYEE, CONSULTANT OR AGENT OF SUCH BUSINESS ENTITY, BY DOING SO, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE LEGAL CAPACITY AND AUTHORITY TO BIND SUCH BUSINESS ENTITY TO THE TERMS OF USE. “YOU” SHALL REFER BOTH TO THE INDIVIDUAL ACCESSING THE WEB SITE, THE SERVICES, OR THE MOBILE APP ON BEHALF OF A BUSINESS ENTITY, IF ANY, AND ANY SUCH BUSINESS ENTITY ITSELF. Elite Limo MAY CHANGE THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE, AND SUCH CHANGES WILL BE EFFECTIVE ON THE DATE THEY ARE POSTED ON THE WEB SITE. USE OF THE WEB SITE, THE SERVICES, AND THE MOBILE APP AFTER SUCH CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEB SITE, THE SERVICES, OR THE MOBILE APP.

 

2. Use of the Web Site, the Services, and the Mobile App.

You may only use the Web Site, the Services, and the Mobile App in accordance with the Terms of Use, any posted policies and procedures that appear on the Web Site, and for lawful purposes. You agree not to use the Web Site, the Services, or the Mobile App to: (a) transmit any material that infringes or misappropriates any third party’s copyright, trademark, trade secret, patent, or other proprietary rights, (b) transmit any material that is false, inaccurate, fraudulent, or misleading, (c) distribute computer viruses, worms, or software intended to damage or alter a computer system without the owner’s consent, (d) use “auto-responders,” “cancel-bots,” or other similar mechanisms that generate excessive network traffic, (e) transmit any unlawful, harmful, defamatory, pornographic, obscene, vulgar, threatening, harassing or otherwise objectionable material, (f) send or relay any unsolicited advertising or chain letters, (g) exceed your permitted access or attempt to gain unauthorized access to the Web Site, the Services, or the Mobile App, or any part thereof, or other accounts, computer systems or networks, through login password mining or any other means, (h) frame any portions of the Web Site, the Services, or the Mobile App within another web site or establish links from any other web site to any page of the Web Site other than the home page or (i) resell use of, or access to, the Web Site, the Services, or the Mobile App to any third party without Elite Limo’s prior written consent. Elite Limo reserves the right to terminate your access to the Web Site, the Services, or the Mobile App at any time without notice if we determine, in our sole discretion, that you have abused or violated any of these terms and conditions.

 

3. Mobile Charges.

You are responsible for payment of any costs or expenses incurred as a result of downloading and using any Mobile App, including any operator network and roaming charges. Please check with your service provider for details.

 

4. Mobile Application License.

Subject to your compliance with these Terms of Use, Elite Limo grants you a limited non-exclusive, non-transferable license to download and install a copy of the Mobile App on a single mobile device that you own or control and to run such copy of the Mobile App solely for your use.Unless otherwise agreed in writing you shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Mobile Apps or Services in any way; (ii) modify or make derivative works based upon the Mobile Apps; (iii) create Internet “links” to the Web Site or “frame” or “mirror” the Mobile Apps or Services on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Mobile Apps or Services in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Services or Mobile App or Services, or (c) copy any ideas, features, functions or graphics of the Website, Services, or Mobile App, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Web Site, Services, or Mobile App.

 

5. ID Number, Password and Security.

You are responsible for maintaining the confidentiality of any user ID and/or password provided to you by Elite Limo for use in connection with the Web Site, the Services, or the Mobile App. You are solely responsible for all activities that occur under your user ID and/or password, and you agree to notify Elite Limo immediately of any unauthorized use of your user ID and/or password or any other breach of security related to the Web Site, the Services, or the Mobile App. Elite Limo WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER ID AND/OR PASSWORD OR TO COMPLY WITH THIS SECTION.

 

6. Services.

Elite Limo’s provision to you of the Services may be subject to other terms, conditions and restrictions posted on the Web Site, the Mobile App or otherwise communicated in writing to you by Elite Limo, including via email. The Services are subject to availability and all price quotes are estimates. Please refer to the Frequently Asked Questions page and/or Service Terms of Use page for more information.

 

7. Proprietary Rights and Communication with Elite Limo.

(i) The Web Site and the Mobile App, and certain content therein, the Services, and any underlying software may be protected by copyright, trademark, patent, and/or other intellectual property and proprietary rights laws and are owned (along with all proprietary rights therein, including all rights, in and to the Web Site, the Services, and the Mobile App, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Web Site, the Services, or the Mobile App) by Elite Limo and/or its licensors. You agree that you will not copy, distribute, republish, display, post, transmit, download, or modify any content you obtain from the Web Site, the Services, or the Mobile App, or any other Elite Limo or licensor owned intellectual property without Elite Limo’s prior permission; provided, however, that you may download or print a copy of information from the Web Site for your use in learning about, reserving, or using the Services.

(ii) Excepting any suggestions, ideas, enhancement requests, feedback, recommendations or any other information deemed proprietary and detailed above in 6(i), any other communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Except to the extent expressly covered by our Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

 

8. Third Party Applications.

The Web Site, the Services, and the Mobile App may enable you to link or connect you to use functionalities of third party applications, services or sites that are not owned or controlled by Elite Limo (“Third Party Applications”). Any Third Party Applications are subject to the terms and conditions of the relevant third party provider. Elite Limo has no control over and is not responsible or liable for any matters relating to your dealings or transactions with such third parties and over any third party content, syndicated content, applications, services, sites, advertisements, links, privacy policies and/or practices of any such third parties that may be accessible via the Web Site, the Services, or the Mobile App. It is your responsibility to check the privacy policies and terms of service and usage of all third party sites that you visit prior to downloading or using any such Third Party Applications.

 

9. Warranty Disclaimer.

THE WEB SITE, THE SERVICES, THE MOBILE APP AND ANY INFORMATION PROVIDED THROUGH THE WEB SITE, THE SERVICES, OR MOBILE APP, INCLUDING ANY THIRD PARTY APPLICATIONS OR THIRD PARTY PROVIDED INFORMATION, ARE PROVIDED BY Elite Limo ON AN “AS IS” BASIS, AND NEITHER Elite Limo NOR ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE, THE SERVICES, OR THE MOBILE APP OR THE INFORMATION MADE AVAILABLE BY OR THROUGH THE WEB SITE, THE SERVICES, OR THE MOBILE APP. IN ADDITION, Elite Limo DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY AND NON-STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER Elite Limo NOR ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS WARRANTS THAT USE OF THE WEB SITE, THE SERVICES, OR THE MOBILE APP WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE, THE SERVICES, OR THE MOBILE APP ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. Some jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

 

10. Limitation of Liability.

IN NO EVENT WILL Elite Limo, ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE SERVICES, OR THE MOBILE APP, OR ANY WEBSITES OR THIRD PARTY APPLICATIONS LINKED TO THE WEB SITE, THE SERVICES, OR THE MOBILE APP, WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER Elite Limo KNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Elite Limo’S AGGREGATE LIABLITY FOR DIRECT DAMAGES ARISING FROM OR RELATING TO THE WEB SITE, THE SERVICES, OR THE MOBILE APP (REGARDLESS OF THE CAUSE OF ACTION, WHETHER UNDER CONTRACT, TORT, OR OTHER LEGAL THEORY) IS LIMITED TO THE GREATER OF

(i) THE AMOUNT PAID BY THE USER TO Elite Limo FOR THE SPECIFIC SERVICE THAT IS THE SUBJECT OF THE DISPUTE OR

(ii) $50. THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF, AND SHALL APPLY REGARDLESS OF, ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY.

You acknowledge that Elite Limo has agreed to provide the Web Site, the Services, and the Mobile App in reliance on the exclusions of liability and disclaimers of warranty set forth herein. Some jurisdictions do not allow the limitation of incidental or consequential damages, so the above limitation may not apply to you.

 

11. Indemnification.

You agree to indemnify and hold Elite Limo, its subsidiaries, partners, affiliates, vendors, subcontractors, officers, employees, and agents harmless from any and all losses, liabilities, damages and/or costs (including reasonable attorneys’ fees) arising from any third-party claims arising from or related to your use of the Web Site, the Services, or the Mobile App, or your violation of the Terms of Use or the Privacy Policy.

 

12. Payment.

Elite Limo uses a third-party payment processor (the “Payment Processor”) to link your credit card account to pay for the Services booked on the Web Site and through the Mobile App. The processing of payments or credits, as applicable, in connection with your use of the Web Site, the Services, and the Mobile App will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms of Use. Elite Limo is not responsible for any errors by the Payment Processor. In connection with your use of the Web Site, the Services, or the Mobile App, Elite Limo will obtain certain transaction details, which Elite Limo will use solely in accordance with the Privacy Policy.

 

13. Privacy.

Elite Limo takes the privacy of you and your information very seriously. For further information about what information we collect and how we use such information, please view our Privacy Policy %sqs%link to Privacy Policy%sqe%.

 

14. Severability.

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

 

15. Waiver; Remedies.

The failure of Elite Limo to partially or fully exercise any rights or the waiver of Elite Limo of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by Elite Limo or be deemed a waiver by Elite Limo of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Elite Limo under these Terms of Use and any other applicable agreement between you and Elite Limo shall be cumulative, and the exercise of any such right or remedy shall not limit Elite Limo’s right to exercise any other right or remedy.

 

16. International Access.

The Web Site, the Services, and the Mobile App are provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Web Site and Service. We make no representations regarding the legality of this Web Site, the Services, or the Mobile App in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

 

17. Arbitration.

Any and all disputes pursuant to these Terms of Use, or otherwise between the parties, shall be submitted to binding arbitration in the Commonwealth of Massachusetts in accordance with the commercial rules of the American Arbitration Association (“AAA”) then in effect. The arbitration panel shall consist of one (1) neutral arbitrator if the amount in controversy in less than $25,000, otherwise the panel shall consist of three (3) neutral arbitrators, each an attorney with at least five (5) years of experience in the primary area of law as to which the dispute relates. The costs of the arbitration shall be shared equally by the parties, provided that, the arbitrator may award attorneys costs and expenses to the prevailing party. The parties agree that any actions or disputes shall be adjudicated between the parties hereto, and shall not be combined with any other actions or disputes of other parties. Notwithstanding the foregoing, this arbitration clause shall not in any way be deemed to limit Elite Limo’s right to commence an action in an appropriate court (and without submitting to arbitration) to protect its intellectual property rights or enjoin prohibited use of the Web Site, the Service, and the Mobile App.

 

18. Governing Law.

The laws of the Commonwealth of Massachusetts shall govern these Terms of Use. Subject to the arbitration provision above, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN BOSTON< MASSACHUSETTS FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE WEB SITE, THE SERVICE, OR THE MOBILE APP.

 

19. Force Majeure.

Elite Limo shall not be responsible for damages caused by delay or failure to perform, in full or in part, any of its obligations in connection with the Web Site, the Services, or the Mobile App provided that there is due diligence in attempted performance under the circumstances and that such delay or failure is due to fire, earthquake, unusually severe weather, strikes, government sanctioned embargo, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay or destruction caused by public carrier, or any other circumstance substantially beyond the control of Elite Limo.

 

20. Entire Agreement.

These Terms of Use and the other policies and terms posted on the Web Site set forth the entire agreement between you and Elite Limo on this subject matter and supersede all other negotiations, understandings, statements and agreements between the parties.

 

21. Questions.

Should you have any questions regarding these Terms of Use you may contact us at info@EliteLimoBoston.com. Notwithstanding the foregoing, Elite Limo is under no obligation to provide technical support for the Web Site, the Service, or the Mobile App F.A.Q Elite Limo – accepts ALL Major credit cards and PayPal. Use of a debit card to secure this reservation may result in an authorization hold on your bank funds in excess of the estimated service amount. Please contact Elite Limo directly if you have questions concerning our debit card authorization practice. A 20% recommended tip is added on the base fare. If applicable, stop time, wait time, and any holiday surcharges may also be included. Any applicable additional charges (tolls, taxes, parking, fuel surcharge, etc.) will be itemized on your receipt. All published rates are subject to change without notice. Rides that take place on New Year’s Eve, New Year’s Day, Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day or Christmas Day will be subject to a holiday surcharge of $25.00 or 25%, whichever is greater, applied to the base fare, stop and wait time. Waiting time is the time that elapses between the scheduled pickup time and the time a passenger enters the vehicle. After a five (5) minute grace period on rides that do not begin at an airport, there is a $8.00 charge for every five (5) minutes of waiting time. At airports: Passengers arriving on domestic flights will have a thirty (30) minute grace period from the Federal Aviation Administration’s recorded wheels-down time; passengers arriving on international flights will have a forty-five (45) minute grace period. There is a $8.00 charge for every five (5) minutes of waiting time after the grace period elapses. Train and bus schedules cannot be monitored, therefore, billing begins at the scheduled pick up time. Passenger-requested stops on route will be charged waiting time at a rate of $8.00 per five (5) minute increment. Airport greeter service available for baggage greets at Logan Airport for an additional $45.00 All FBO arrivals have a two hour minimum All Fenway Park events have a two hour minimum per segment of service All Gillette Stadium events are billed on an hourly, no transfers All Comcast Center events are billed on an hourly basis, no transfers Starting Memorial Day, all trips to vacation destinations will be billed hourly from Friday through Sunday due to heavier traffic patterns For service between the hours of 12:00am and 5:00am please add an additional $25.00 There will be a $20.00 charge for all international arrivals A 7% fuel charge applies to base fare on all services. Hourly rate begins when the car leaves the garage and ends upon its return to the garage. Fractions of an hour are rounded to next half-hour Elite Limo provides child seats. There will be a $25 charge for each infant or child safety seat. In accordance with state and federal laws, parents and guardians of children traveling in Elite Limo vehicles are responsible for installing child safety seats. Elite Limo arrives 15 minutes prior to all scheduled pickups at no additional charge. Elite Limo arrives 30 minutes prior to all scheduled FBO pickups at no additional charge. Cancellations and No Show Fees: The following cancellation terms represent standard policy at Elite Limo and may be modified from time to time based on market, desired reservation dates and vehicle availability. All modifications that are mutually agreed upon in writing or communicated and confirmed at the time of reservation will supersede the following. All deposits are non-refundable. Cancellations will result in a full charge equal to the base fare price of the trip plus the 20% service fee. Cancellation of sedans within two (2) hours of scheduled pickup in the Boston area and three (3) hours in other areas of scheduled pick-up will result in a full charge equal to the base fare price of the trip plus the 20% service fee. International reservations must be canceled 24 hours in advance or the full fare + 20% service charge will be billed. Van reservations must be canceled 48 hours in advance or the full fare + 20% service charge will be billed. SUV and Mercedes reservations must be canceled 24 hours in advance or the full fare + 20% service charge will be billed. Stretch Limousine reservations must be canceled 48 hours in advance or the full fare + 20% service charge will be billed. All bus and specialty vehicle reservations must be canceled one week in advance or the full fare + 20% service charge will be billed. A no show fee equal to the trip plus service fee plus applicable wait time will be charged when the passenger fails to show at the designated location. If you cannot locate your driver call (617) 886-5156 to avoid a no show fee. Additional Information Elite Limo shall not be liable for circumstances beyond its control, including but not limited to, weather, road conditions and breakdowns. Elite Limo assumes no responsibility for lost or damaged baggage, personal belongings or any items left in the vehicle. In the event Elite Limo is unable to provide one of its employee drivers for your ride, Elite Limo may contract with a qualified affiliated company to provide the service. In that event, a referral fee will be charged in lieu of a service charge. In such instances, Elite Limo will strive to ensure that the driver receives appropriate compensation for providing the service. Certain vehicles and/or special event reservations require a signed contract. Contract must be signed by an adult over the age of 21; proof of age is required (i.e. valid driver’s license or passport). Depending on the logistics of the reservation, either a 50% non-refundable deposit or non-refundable payment in full is due at the time the reservation is booked. Event Services (Limousines, Vans, Minibuses, Motor Coaches): All Event Services will be billed at the prevailing Elite Limo hourly rate. Customers are billed from the time personnel and/or vehicles leave the Elite Limo facility until the time it returns to the Elite Limo facility. All reservations that are billed on an hourly basis will be billed a minimum of thirty minutes travel time each way plus the time the passenger is in the vehicle. Fractions of an hour are rounded to next half-hour.