RideCar Terms & Conditions

1. General

RideCar, Inc. USA (hereinafter referred to as "RideCar") operates an online platform and associated applications for mobile devices ("Apps") that enable Users to book travel services. It is important to note that RideCar's service solely involves facilitating the arrangement of an entitlement to carriage for Users through transportation service providers ("TSPs") as an intermediary and does not include the provision of the actual travel service itself.

These Terms and Conditions (hereinafter referred to as "Terms") form an integral part of every agreement between Users and RideCar for the arrangement of travel services. They also provide a comprehensive description of the travel services offered through the entitlement facilitated by RideCar between the User and the TSP.

Any deviations from these User Terms, including those found in letters of confirmation and services provided without reservation, are hereby rejected. Unless expressly agreed upon in writing by RideCar's management, such deviations shall not be valid.

2. Contractual Relationship and Conclusion of Contract

2.1 Contractual Relationship
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RideCar neither directly provides the travel services offered through the RideCar Tools nor engages third parties for this purpose. Rather, RideCar acts solely as an intermediary, arranging for the User an entitlement to carriage through an independent Transportation Service Provider (TSP).

Accordingly, RideCar, in its own capacity, enters arrangements with the TSP on behalf of the User, resulting in the provision of an entitlement to carriage for the User ("Third-Party Beneficiary" or "Contract of Carriage for the Benefit of the User"). Consequently, Users have the right to directly demand travel services and assert other claims directly against the TSP.

Users utilize RideCar solely as an intermediary or facilitator and not as a provider of transport services. RideCar's compensation consists of arrangement fees and any advance payments made by RideCar to the TSP.

2.2 Conclusion
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By submitting a completed booking form via the RideCar Booking Tools or through telephone communication ("Ride Request"), the User extends an offer to RideCar for the formation of an arrangement agreement. The purpose of this agreement is to facilitate the arrangement of the requested travel service in accordance with the User's Ride Request.

Following the User's Ride Request, RideCar will subsequently send an email to acknowledge the receipt of the ride details pertaining to the travel service to be arranged. This email solely confirms the receipt of the User's Ride Request by RideCar.

The arrangement agreement between RideCar and the User for the requested travel service is only established upon the issuance of a separate statement ("Booking Confirmation") by RideCar through email. Subsequently, the User possesses the right to directly request transportation services from the TSP and assert further claims directly against the TSP.

3. User Registration Requirements for the Use of RideCar Booking Tools

The User bears the sole responsibility for ensuring the completeness and accuracy of all information provided to RideCar, whether directly by themselves or through a representative. Any registration performed through automated means is strictly prohibited.

4. Selected Topics of the Contract of Carriage for the Benefit of the User

Paragraph 4 delineates the specifics of the User's Ride Request, referred to as "Travel Arrangements" collectively. It is important to note that the User can only assert claims against the TSP if such claims have been explicitly agreed upon in the arrangement agreement with RideCar.

4.1 Transfer Rides / Hourly Bookings, Changes to Service
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The User is provided with the option to select either transfer rides or hourly bookings for their Ride Request. If the actual Ride Request necessitates additional effort beyond the original request, as explicitly indicated by the User or guest, the TSP should endeavor to accommodate such requirements to the best of their ability. However, it is important to note that the extra effort involved may result in additional costs for the individual arrangement, which are further detailed in Paragraph 5 below.

Modifications to the Travel Arrangements are contingent upon the availability of the TSP and can be made by the User or guest, even after the contract's conclusion, in accordance with the provisions outlined in Paragraph 5 and the corresponding payment conditions detailed therein.

4.1.1
For transfer services, the quoted price is applicable for transportation between a designated starting point and a specified destination. Any additional stops made along the direct route will incur an extra fee, in accordance with the prevailing price structure as outlined in Paragraph 5 below.

4.1.2
For hourly bookings, it is imperative that the journey concludes within the jurisdictional boundaries of the initial pickup location. Furthermore, an hourly booking strictly commences at the confirmed pick-up time specified during the booking process.

4.2 Vehicle Class / Vehicle Model, Upgrade
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The User has the option to select from various vehicle classes (e.g., "Standard Class, Business Class," "Business Van/SUV," or "First Class") for their Ride Request.

The vehicle images displayed within the RideCar Tools are purely for illustrative purposes and do not imply any entitlement to a specific vehicle model within the chosen vehicle category. It is important to note that regional variations are possible.

Depending on availability, there may be a possibility of upgrading from the "Standard Class" vehicle class to a higher class (such as "Business Class" "Business SUV/Van" or "First Class") at no additional cost to the User.

4.3 Transport Safety, Consequences

4.3.1 Luggage, Animals
The price stated in the Booking Confirmation incorporates the specified number of luggage pieces as indicated on the booking form. Any excess luggage, oversized items, or transportation of animals that were not explicitly mentioned as additional comments during the booking process may incur additional charges. Moreover, it should be noted that the arrangement fee, as specified in the Booking Confirmation (refer to Paragraph 5 below), will be higher in such cases.

The TSP retains the right to decline the carriage of luggage and/or animals that were not previously agreed upon. This policy extends to animals that are not contained within a securely closed and suitable transport container.

4.3.2 Carriage of Children
In order to ensure the safety of children during transportation, the User is advised to indicate the need for safety seats as an additional comment while making the booking. The User should provide specific details such as the number and age of children to be transported, as well as the type of seating required. This will enable RideCar to make necessary arrangements to provide appropriate safety seats for the designated children.

4.3.3 Information on Number of Guests and Pieces of Luggage
The maximum number of guests and pieces of luggage stated for a specific vehicle is provided as an estimate, taking into consideration factors such as the size and weight of both guests and luggage. It is important to note that these figures are not legally binding. The Transportation Service Provider (TSP) reserves the right to decline the carriage of additional guests or luggage if they deem it to compromise the space and safety conditions within the vehicle.

4.3.4 Prevention of Carriage
The Transportation Service Provider (TSP) retains the right to decline carriage if the User fails to adequately or accurately communicate compelling requirements as outlined in Paragraph 4.3, such as those mandated by applicable laws, as an additional comment.

If the TSP is unable to provide carriage as a result of such circumstances, it should be noted that this does not impact the payment obligation of the User to RideCar, as stipulated in the arrangement agreement for the booked transportation services.

4.4 Delays

In exceptional circumstances, such as air traffic controller strikes, severe weather conditions, and other similar events, compensation can only be provided to a limited extent. Users should be aware that during such situations, longer waiting periods or last-minute cancellations may be unavoidable and must be accepted as part of the inherent risks associated with such events.

4.5 Cancellations, Changes to Booking, and No-Shows

Cancellation

Transfer Services
In the case of transfer services, cancellation can be made free of charge if the cancellation is requested more than one hour prior to the agreed pickup time. However, if the cancellation is made within six hour or less of the agreed pickup time, the full price of the service must be paid. It is important to note that cancellations can only be processed through the designated cancel feature available on our App or Website and Call only!

Hourly Bookings
In the case of hourly bookings, cancellation can be made free of charge if the cancellation request is submitted more than 24 hours prior to the agreed pickup time. However, if the cancellation is made within 24 hours or less of the agreed pickup time, the full price of the booking must be paid. It is important to note that cancellations can only be processed through the designated cancel feature available on our App or Website and Call only!

Changes to Booking
Modifications to bookings are typically considered as new arrangements. Consequently, the cancellation policy outlined in Paragraph 4.5.1 above is applicable to the originally scheduled ride. Accordingly, RideCar reserves the right to make a compensation claim for the initially agreed-upon transportation service.

No-Shows without cancellation, Delay to the User
In the event of a no-show without prior cancellation, the User forfeits their entitlement to carriage with the Transportation Service Provider (TSP). However, it is important to note that this does not exempt the User from RideCar's right to pursue compensation claims against them.

Transfer Services
A ride is classified as a no-show if the User or guest fails to appear at the agreed pickup location within 15 minutes after the scheduled pickup time without providing prior notice of cancellation. In the case of a no-show, the User is liable for the full payment of the ride, while additional charges for waiting time do not apply.

For airport or long-distance train station pickups, a ride is deemed a no-show if the User or passenger does not arrive at the agreed pickup location within 45 minutes after the scheduled pickup time, considering any delays or rescheduling due to flight or train delays. In such instances, the pickup time is adjusted by the duration between the originally planned arrival time and the original pickup time. If a customer does not appear, the full payment for the ride is required, while any surcharges for waiting time are not applicable.

It should be noted that this rule does not apply when the TSP and the guest have mutually agreed upon a revised pickup time via telephone communication. In such cases, any applicable surcharges for waiting time must be compensated in accordance with the provisions outlined in Paragraph 5.3.1. Generally, passengers are not entitled to modify the agreed pickup time without prior arrangements.

4.6. Behavior in the Vehicle

The User is expected to adhere to the following code of conduct when traveling with the Transportation Service Provider (TSP):
Throughout the duration of the ride, all guests must comply with the applicable regulations stipulated by the relevant Road Traffic Act, particularly those pertaining to seatbelt usage. It is imperative to follow any instructions provided by the TSP. The TSP bears the responsibility for ensuring a safe journey. Consequently, guests are strictly prohibited from opening the doors while the vehicle is in motion, discarding any objects from the vehicle, protruding body parts from the vehicle, or engaging in disruptive behavior. Should the User desire to utilize any devices or amenities within the vehicle, a brief explanation or guidance from the TSP is necessary.

Smoking is strictly prohibited in the passenger compartment of the vehicle. Failure to comply with this policy by the User or any guest may result in the User being held liable for not only the expenses associated with vehicle cleaning but also compensation for any loss of business incurred due to vehicle downtime.

While the consumption of food is discouraged during the ride, the consumption of alcoholic beverages is only permitted with prior consent and within the confines of the vehicle.

5. Compensation and Payment

5.1 Principles
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The compensation claim of RideCar is clearly outlined in the Booking Confirmation.

Several key factors determine the amount of compensation (including reimbursement of expenses to RideCar for arranging the transportation service), such as the selected vehicle class, the distance traveled, the advanced booking period, the scheduled pickup time, and potentially the specific location.

Moreover, additional special requests made during the booking process, such as the need for a multilingual chauffeur, personalized vehicle branding, extra stops, oversized luggage, or child car seats, may result in an increase in the overall price.

5.2 Ride Changes
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Even after the arrangement agreement has been concluded and the ride has commenced, the User (and the guest) may request changes to the Travel Arrangements, provided it is feasible for the TSP.

In the event of a spontaneous extension of the ride (in terms of distance or duration) at the request of the User or guest, the actual service provided (total distance or duration) will be recalculated and priced based on the current pricing structure. For hourly bookings, each additional 30-minute interval will be considered for invoicing, ensuring more precise planning by rounding up to the nearest half hour from the first additional minute.

Consequently, the compensation claim for the User will increase, as RideCar incurs additional expenses for the Contract of Carriage for the Benefit of the User.

If the distance or duration is reduced from the originally booked arrangement, the price remains unaffected.

5.3 Other Premiums

5.3.1 Waiting Times for Transfer Services
For transfer services, no additional charges will be applied in the event of airport or train station pickups (excluding long-distance train stations) for a waiting time of up to 45 minutes after the agreed pickup time. This applies when there are flight or train delays, or when earlier flights or trains result in a rescheduling of the pickup time by the planned duration between the scheduled arrival time and the original pickup time. In all other cases, a waiting time of up to 15 minutes from the agreed pickup time is allowed.

Each additional minute of waiting time will be calculated as a flat-rate fee, including VAT, based on the hourly booking rates applicable in the specific municipal area and vehicle category.

5.3.2 Additional Miles/Kilometers for Hourly Bookings
Hourly bookings include the specified miles/kilometers per hour as indicated on the booking form or provided via phone. Any additional miles/kilometers beyond the agreed distance will incur an additional charge, inclusive of VAT, calculated based on the per-miles/kilometer rate applicable to the specific municipal area and vehicle category.

5.4 Terms of Payment and Transaction Fees

The User has the option to pay for their ride using a credit card. RideCar bears any incidental charges associated with credit card payments. However, if the User chooses to make payment via bank transfer, any transaction fees resulting from factors such as different currencies or local accounts are to be borne by the User.

5.5 Payment Reminders, Unpaid Credit Card Invoices

In the event of payment reminders, RideCar reserves the right to impose a reasonable penalty fine.In case of unpaid credit card debts, RideCar will charge the User for any incurred expenses (e.g., bank fees, credit card company charges) and retains the right to levy an appropriate handling fee per occurrence.

5.6 Sending of Invoices, Payment Dates

RideCar facilitates the provision of electronic invoices to the User, which can be accessed and downloaded from their RideCar account. Payment by credit card is required immediately upon receipt of the invoice. For payments made by bank transfer, the User is obligated to adhere to the payment date specified in the invoice.

5.7 Vouchers

The redemption of vouchers is limited to individual use and cannot be combined with other vouchers. Vouchers hold no cash value and cannot be exchanged for monetary compensation.

6. Liability

6.1 Principles
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RideCar assumes liability for damages resulting from intentional or grossly negligent acts committed by RideCar, its agents, or subcontractors. It is important to note that the TSP and the chauffeurs employed for the travel service are not considered agents or subcontractors of RideCar. Instead, RideCar facilitates a direct entitlement to carriage over a TSP for the User.

In the event of damages caused by ordinary negligence, RideCar's liability is limited to the breach of essential contractual obligations and foreseeable, typical damages. Essential contractual obligations are those obligations that, when fulfilled, enable the proper execution of the contract and on which the User can reasonably rely.

The limitation of liability does not apply in cases of explicit guarantees of condition and quality, intentional harm to life, body, or health, as well as claims under the Product Liability Act.

6.2 Contents of RideCar Booking Tools
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RideCar does not assume liability for the accuracy, reliability, completeness, or timeliness of the free content and programs provided through the RideCar Booking Tools. RideCar shall not be held liable for any damages arising from the use of such content, except in cases of intentional or grossly negligent acts by RideCar. This disclaimer of liability applies to all types of damages, including those resulting from errors, delays, or interruptions in transmission, technical equipment or service issues, incorrect content, omissions, data loss or deletion, viruses, or any other damages arising from the use of this online offering. Additionally, RideCar shall not be held liable for the availability and performance of the offered features.

6.3 Websites of Third Parties
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RideCar assumes no responsibility for the content, accuracy, legality, and functionality of third-party websites that are linked to through hyperlinks. The User accesses these websites at their own risk.

6.4 Accuracy of Transmitted Information, Disruption of Access
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‍RideCar assumes no responsibility for the accuracy, completeness, and timely delivery of the information provided to the User or chauffeur. However, this exclusion does not apply to the content included in the Booking Confirmation.

RideCar is not liable for any disruptions or degradation in the quality of access to the RideCar Booking Tools caused by force majeure or events beyond RideCar's control, including but not limited to failures in communication networks and/or gateways. Blacklane does not guarantee uninterrupted or error-free operation of the website, nor does it guarantee the correction of any errors.

6.5 Release of Liability by the User
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The User indemnifies RideCar and agrees to hold it harmless from any claims, liabilities, and expenses, including reasonable attorney's fees, brought against RideCar by a third party arising from the User's use of the RideCar Booking Tools in violation of the contract or breach of these Terms.

7. Changes to the Offer by RideCar

RideCar reserves the right to modify the RideCar Booking Tools, as deemed necessary for the User's benefit, in order to enhance and improve their quality. Furthermore, RideCar reserves the right to temporarily or permanently suspend its offerings through the RideCar Booking Tools, without personal notification to the User, if justified.

8. Protection of Content, Granting of Rights of Use to RideCar Booking Tools

The content within the RideCar Booking Tools is protected by copyright.
RideCar grants the User a conditional and revocable right to utilize the RideCar Booking Tools as intended, subject to compliance with these Terms. Any unauthorized use, including modifications, copying, reproduction, distribution, transfer, or other improper purposes, is strictly prohibited.

9. Final Provisions

9.1 Entirety, Writing
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These Terms constitute the entire agreement between RideCar and the User regarding the service. There are no subsidiary agreements. Any modifications or additions to this agreement must be made in written form, with digital form not being sufficient. The same requirement applies to any changes or additions to this requirement of written form.

9.2 Subject to Change
RideCar reserves the right to modify these Terms. Notice of the changes will be provided through a unilateral declaration by publishing the updated Terms on the RideCar website and informing Users accordingly. If the User does not object to the new Terms within 7 days of the publication, the new Terms will be deemed accepted by the User. Continued use of RideCar services will be contingent upon the User's acceptance of the updated Terms.

9.3 Offsetting, Retention, and Assignment
‍The User is only permitted to set off undisputed or legally established counterclaims against RideCar. This also applies to the User's assertion of defects.

The User may only exercise a right of retention if their counterclaim arises from the same contractual relationship.

The assignment of the User's claims arising from the contractual relationship to third parties without the written consent of RideCar is prohibited.

9.4 Choice of Law and Place of Jurisdiction
‍All legal relationships between RideCar and the User are governed by the laws of the United States of America, specifically the laws of the Federal Republic of USA applicable to domestic business.

The place of performance is Chicago.

The exclusive place of jurisdiction is Chicago, provided that the User is a merchant according to the Commercial Code or, when filing a lawsuit, does not have a fixed place of residence in Chicago. Mandatory statutory jurisdictions remain unaffected.

9.5 Severability
If any provisions of these Terms are found to be invalid, unenforceable, or contain loopholes, the remaining provisions shall remain in full force and effect. The parties are obligated to replace the invalid, illegal, or unenforceable provisions with provisions that best reflect the original meaning, economic purpose, and intent of the parties.

TLC-licensed For-Hire Vehicle Bases

The TLC-licensed For-Hire Vehicle Bases undergo periodic updates as outlined internally. For any questions or concerns regarding the Licensee Number or Name of Licensee, please contact us by email.

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