Agreement
The following are terms of a binding legal agreement between you the customer and Five Towns Limousines a New York Corporation. By accessing, browsing or using this website, contacting Five Towns Limousines’s customer service center or initiating a reservation for service with Five Towns Limousines, you the customer acknowledge that you have read, understood and agreed to be bound by the Terms of Service as set forth below. If you the customer do not agree to these Terms of Service as set forth, do not access or use FiveTownLimos.com website, do not contact Five Towns Limousines’s customer service center, nor place a reservation for service with Five Towns Limousines. Five Towns Limousines reserves the right to change, update or modify the Terms of Service as set forth below, at any time and at its sole discretion. Each time you the customer access or use this website or contact Five Towns Limousines’s customer service center to initiate a reservation for service with Five Towns Limousines, you the customer agree to the Terms of Service then in effect. If any of the Terms of Service as set forth below, are deemed invalid, void or unenforceable for any reason, the invalid, void or unenforceable portion will be deemed severable and will not affect the validity and enforceability of any of the remaining Terms and Conditions as modified and set forth below.
Payment of Service
At the completion of each provided service, Five Towns Limousines forwards and itemized invoice to the customer’s e mail address and mailing address of record, this is the invoiced date. Payment for services rendered shall be made by check, payable to Five Towns Limousines in the invoiced amount within seven (7) calendar days of the invoiced date (inclusive of holidays as defined herein) and mailed to:
Five Town Limousines
40 Washington Avenue
Cedarhurst, NEW YORK 11516.
Paid receipts are forwarded to the customer’s e mail address of record for each payment received. If in the event Five Towns Limousines does not receive payment for service rendered within seven (7) days of the invoiced date, Five Towns Limousines reserves the right, in its sole discretion, to charge the invoiced amount to the customers credit card of record and add a five (5%) credit card processing surcharge to the invoiced amount. Five Towns Limousines in its sole discretion reserves the right to charge the customer;’s credit card of record within the seven (7) day period without the added credit card processing surcharge. Five Towns Limousines accepts the following cards: American Express, Discover Card, MasterCard and Visa.
Credit Card Authorization
In opening an account and or initiating a reservation for service, you the customer have furnished certain credit card account information to Five Towns Limousines. In doing so, you represent that you are either; the cardholder or an authorized signatory and or user of the furnished credit card account. By making a reservation you the customer or as an authorized user of the furnished credit card account, authorize Five Towns Limousines to charge the furnished credit card for payment of services rendered or to be rendered by Five Towns Limousines and or its affiliates. In the event of the unauthorized use to your Five Towns Limousines account, you agree to indemnify and hold Five Towns Limousines blameless, for any and all such charges, claims and liability related hereto.
Service Rate Charge
All published or quoted service rates are subject to change without notice at any time at Five Towns Limousines’s sole discretion. Current service rates are confirmed at the time a reservation is made. You may call Five Towns Limousines’s customer service center to request a service rate quote.
Service Change
A Service Change can be requested by calling Five Towns Limousines’s customer service center. Service Changes are not accepted by e-mail, voice mail or fax and can either be accepted or rejected at Five Towns Limousines’s sole discretion. A confirmation for an accepted Service Change, is e-mailed to the customers’ e-mail address of record. A “No Show Fee” will be charged for any rejected Service Change, where you the customer are not at the last Five Towns Limousines accepted reserved pick up location at the last Five Towns Limousines accepted reserved time.
Service Cancellation and Fees
Cancellation of service can only be made by calling Five Towns Limousines’s customer service center. Cancellation requests are not accepted by e-mail, voice mail or fax. Confirmations for service cancellations are e-mailed to the customers’ e-mail address of record. A Service Agreement is prepared for all reserved service, reciting the client agreed “Estimated Cost of Service” to be rendered . Services canceled in excess of thirty (30) days from the reserved service date, a cancellation fee in the amount of one hundred ($100) dollars will be assessed. Service canceled within thirty (30) days and in excess of seven (7) days from the reserved service date, a cancellation fee equal to fifty (50%) percent of the Service Agreement’s “Estimated Cost of Service” will be assessed. Service canceled within seven (7) days from the reserved service date, a cancellation fee equal to one hundred (100%) percent of the Service Agreement’s “Estimated Cost of Service” will be assessed.
No Show Fees
A No Show is defined, as when a customer fails to appear at the reserved pick up location at the reserved pick up time. In this event, a No Show Fee equal to the the Service Agreement’s “Estimated Cost of Service” plus any applicable add on costs will be charged to you the customer. Five Towns Limousines in its sole discretion shall determine if a No Show Fee applies.
Vehicle Damage
Vehicle damage is defined as vehicle equipment damage incurred in the fulfillment of service to you the customer and shall be the responsibility of you the customer and billed as an added charge to the customer’s service billing at Five Towns Limousines’s sole discretion.
Theft of Equipment
The cost of replacement of unauthorized removal of any vehicle equipment incurred in the fulfillment of service for you the customer, shall be the responsibility of you the customer and billed as an added charge to the customer’s service, at Five Towns Limousines’s sole discretion.
Limited Liability
Five Towns Limousines and its affiliates shall not be liable for circumstances beyond its control, including but not limited to weather, road and traffic conditions and vehicle breakdowns. Five Towns Limousines and its affiliates are not responsible for personal property of any kind, nor are Five Towns Limousines and its affiliates, responsible for delays resulting from traffic conditions, mechanical failure, passenger activity, inclement weather, and or delayed dispatch. Five Towns Limousines and its affiliates assume no responsibility for passenger activity on or off the vehicle at any venue whatsoever. Alcohol is strictly prohibited by law from being supplied by Five Towns Limousines. Smoking and the use of drugs is strictly prohibited. Five Towns Limousines’s and its affiliates’ liability is limited to the cost of transportation service only. Five Towns Limousines assumes no responsibility for lost or damaged baggage, personal belongings, or any items left in the vehicle by any passenger.
Controlling Law
Should any dispute arise between the parties regarding the terms of this agreement, the service provided, or fares, or other monetary considerations, the controlling law shall be the law of the State of New York, and the place of any trial or arbitration shall be in Kings County, New York.
Service Add on Costs
The following additional Service Add On Costs will be added, itemized and reflected on the customers’ service receipt and service agreement when applicable: Gratuity, Two Way Tolls, Airport Fee, Fuel Surcharge, Holiday Surcharge, Parking Fee, Waiting Time Fee, Stop Time, Early Morning – Late Night Fee, Overnight Accommodations, Driver’s Meal Fee, Overtime Service, Garage Time and Applicable Taxes.
Gratuity
A twenty (20%) percent driver’s gratuity, calculated on the sum of the vehicle hourly rental rate multiplied by the number of vehicle rental hours or the quoted flat rate service, and applicable add on costs is added and itemized on the customer’s service receipt. Any additional gratuity paid to the chauffeur is at the customer’s discretion and will be in addition to the standard twenty percent (20%) driver’s gratuity fee.
Two Way Tolls
Tolls are defined as a fee paid to a municipality in order to traverse a roadway, bridge or tunnel. Tolls are charged for travel to and from the reserved pick or drop off location, incurred in fulfillment of the reserved service.
Airport Fee
An Airport Fee is defined as a required fee paid to the Airport operating entity or its authorized agents, in fulfillment of the reserved service.
Fuel Surcharge
A Fuel Surcharge may be added to the vehicle hourly rental rate or a quoted flat rate service, either as a percentage or as a dollar amount. The amount of this surcharge will vary and will be determined, adjusted and applied at Five Towns Limousines’s sole discretion.
Holiday Surcharge
On all federally recognized holidays, a surcharge of twenty five (25%) percent will be added to the vehicle hourly rental rate or quoted flat rate service, including applicable service add on costs. These holidays include New Year’s Day, the Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. For federal holidays falling on a Saturday or Sunday, a holiday is defined as the actual holiday date and the date in which the New York Stock Exchange is closed in celebration of the holiday.
Parking Fee
A Parking Fee is defined as fee paid to a municipal, private or Airport parking facility in fulfillment of the reserved service.
Waiting Time Fee
Waiting Time is defined as the time that elapses from a reserved scheduled pick up time for flat rate service, where our vehicle is not on route to the reserved drop off destination. Waiting Time will be billed only after a fifteen (15) minute grace period, has expired. The determination as to whether Waiting Time applies is at the sole discretion of Five Towns Limousines. Waiting Time shall be billed at the prevailing vehicle hourly rental rate in one hour increments, In addition to the prevailing vehicle hourly rental rate, applicable service add on costs are applied. Waiting Time does not apply to hourly vehicle rental service.
Stop Time Fee
Stop Time is defined time spent during a customer requested on route or off route stop to the reserved final drop off location. The determination as whether a stop is on or off route is at the sole discretion of Five Towns Limousines. Stop Time shall be billed at the prevailing vehicle hourly rental rate in thirty (30) minute increments. In addition to the prevailing vehicle hourly rental rate, applicable service add on costs are applied. Stop Time does not apply to hourly vehicle rental service.
Early Morning – Late Night Fee
An Early Morning – Late Night Fee in the amount of fifty ($50) dollars is applied when the reserved pick up time or the actual drop off time is between 12:00 AM and 6:00AM for all types of service rendered.
Driver’s Overnight Accommodations
Overnight sleeping accommodations must be arranged, provided and paid for by the customer for overnight rental service. Payment for the driver’s overnight accommodation, shall be paid directly to the entity providing the accommodation. Five Towns Limousines does not and will not arrange for this required accommodation.
Driver’s Meal Fee
A daily driver’s meal fee in the amount of thirty five ($35) dollars driver’s meal is applied for overnight service.
Overtime Service
Overtime is defined as the time in which our vehicle is in use by the client beyond the scheduled reserved drop off time. Overtime will be billed only after a fifteen (15) minute grace period, has expired. The determination as to whether overtime applies is at the sole discretion of Five Towns Limousines. Overtime shall be billed at the prevailing vehicle hourly rental rate in one (1) hour increments. In addition to the prevailing vehicle hourly rental rate, applicable service add on costs are applied. Overtime does not apply to hourly vehicle rental service.
Garage Time
Garage Time is defined as the travel time that elapses from the vehicle’s storage facility to the reserved pick up location or from the reserved drop off location to the vehicle’s storage facility. The determination as to whether Garage time applies is at the sole discretion of Five Towns Limousines. Garage Time shall be billed at the prevailing vehicle hourly rental rate in thirty (30) minute increments.
Applicable Taxes
Applicable Taxes are defined as a required tax paid to the Airport operating entity or its authorized agents, or a Municipal Taxing Authority in fulfillment of the customer’s reserved service. Applicable Taxes do not include Income Tax, Operational Licensing or any other tax related to Five Towns Limousines’s general business operations.