Legal Notice
LEGAL NOTICE GODANDI AND SONS TRANSPORTATION SERVICES SA DE CV (“GODANDI”) offer a range of luxury vehicles, fully chauffeured. The person accepting this Contract shall be known as “The Hirer”. Upon The Hirer accepting the quotation for the Schedule of Hire he/she shall be deemed to have read, understood and agreed to comply with the following Terms & Conditions, which shall form part of the binding contract between GODANDI and The Hirer.
BOOKINGS
Deposits are in place to reserve your vehicle for the dates and times requested. A security deposit of 20% is required to cover any damages or last minute cancellations at the time of the booking and is NON-REFUNDABLE but it is transferable to another date. If The Hirer needs to change the date of the booking, it must be within six (6) months of the date that The Hirer originally booked the Limousine for. The balance is to be paid to the driver at the first pickup location prior to departing. An additional $200 last minute cancellation fee is applied if cancelled within 48 hours of departure time. GODANDI must receive balance payments in respect of the Hire Charge/s to the driver at the first pickup location prior to departing. In the event that the booking is made less than two (2) days prior to the actual date of hire, GODANDI must receive full payment at the making of the booking by The Hirer to the driver at the first pickup location prior to departing. GODANDI agrees to accept payment by credit card, direct deposit, checkes and cash. In the event that The Hirer wishes to pay by cash, such payment can only be accepted by the aforementioned payment deadlines. Cash will be accepted as a deposit or to pay a balance. If The Hirer is paying the deposit with cash, The Hirer must make an appointment to bring it into our office and The Hirer’s Limousine will be booked on site. If The Hirer is paying the balance in cash, you may also bring that into our office anytime before the booking (by appointment ONLY).
When reserving a vehicle for proms or individuals under the age of 18 years, the pickup and drop-off locations must be predetermined and/or approved by The Hirer executing this agreement. GODANDI will require permission of the hirer in the event of any changes to the itinerary. A contact phone number must be provided to the chauffeur on or prior to the date of service. If GODANDI is unable to contact The Hirer or alternative contact person after 30 minutes of the scheduled pickup time then the ride will be considered a no-show and one will be fully charged. The Hirer authorizes GODANDI AND SONS TRANSPORTATION SERVICES SA DE CV. to charge your card for any unpaid balances, damages, or fees incurred as outlined in this service.
In the unlikely event that mechanical failure puts a vehicle temporarily out of service GODANDI reserves the right to substitute an alternate vehicle from our fleet or Affiliates.
EXTRA’S TO CONTRACT
Any extra request of service, pick-up, drop-off, change of location/s, destination/s or venue/s to the agreed booking cannot necessarily be entertained, however GODANDI shall make every effort to meet The Hirer’s extra requested requirements or changes to the originally agreed schedule. The Hirer understands that in the event that GODANDI agrees extra requests, in most cases further costs would be applicable in order to accommodate such changes. Any overrun of time booked directly due to spontaneous changes made by The Hirer or any member of his/her party during the booking taking place shall render The Hirer to a surcharge of up to $250 per hour or part thereof.
Keeping the chauffeur/driver waiting longer then 30 minutes of scheduled departure time will result in a $50 fee per 30 minutes.
CODE OF CONDUCT AND SAFETY
GODANDI’s mission is to provide a safe and memorable experience to The Hirer and any member of his/her party. GODANDI reserves the right to immediately terminate any and all services to unruly and/or abusive passengers. The person making the booking is deemed to be The Hirer and accepts all responsibility as to the conduct of any member of his/her party.
The Law prohibits Alcohol Consumption and drug use. The Hirer will pay for any fines. Alcohol will not be consumed by any passengers under the age of 19. If this is found, GODANDI’s services will be terminated immediately and no refund will be given. GODANDI, by law, is not permitted to provide any alcohol beverages, even those of legal age. Smoking of any substance will not be permitted in any of GODANDI’S Limousines. If anyone in The Hirer’s party smokes in the vehicles there will be a charge of $100.00 to their credit card for cleaning the vehicle.
The Law prohibits passengers to stand through the sunroof and/or open any emergency exits while the vehicle is in motion. In addition, Vehicles cannot be loaded beyond seating capacity. The Hirer accepts all responsibility as to the conduct of any passengers. GODANDI reserves the right to expel any person from the vehicle and/or terminate this contract in the event of a violation of any of these conditions by The Hirer or The Hirer’s party. The Hirer shall be responsible and liable for any damage howsoever caused, outside or inside the vehicle/s by The Hirer or any member of his/her party. This shall be deemed to include incitement to ANY Third Party which results in damage to the vehicle/s exterior or interior, contents, furnishings or equipment. This is including but not limited to: gum, wine and alcohol spillage, vomiting, and breakage of lights, cd/dvd player. In the event of such damage taking place, The Hirer shall be liable for the retail cost of any repairs required to bring the vehicle/s back to a condition prior to such damage taking place. The Hirer shall accept GODANDI’s right to choose which repairer it shall engage to carry out any repairs.
While GODANDI is happy to let The Hirer or any member of his/her party bring personal items. GODANDI does not take any responsibility for items that are left in the vehicle during or after completion of the limousine rental period. Any valuables left in the vehicle/s by The Hirer or his/her party members are at The Hirer’s own risk and GODANDI shall accept no liability whatsoever for any losses incurred.
ROAD CONDITIONS
The Hirer acknowledges and accepts that unique risks exist because of the inherent uncertainties in acts of nature, breakdowns, road conditions, unanticipated traffic conditions caused by accidents and any situation beyond our control that may occur or become known subsequent to GODANDI booking of its services which will affect scheduled timelines and cause delays. GODANDI is not responsible for delays or the termination of services in winter caused by unsafe road conditions (i.e. not salted, accidents, etc.). Due to the unpredictability of GTA congestion, GODANDI is unable to guarantee your vehicle will arrive exactly at the time requested. The Hirer will not be entitled to any sort of compensation if the vehicle arrives within 30 minutes of the scheduled pick-up time. If this is important to The Hirer, it is always recommended that The Hirer build in extra time to account for any unforeseen circumstances. The Hirer may also want to consider an exclusive use rate.
INDEMNIFICATION OF RISK
Given the nature of the services provided by GODANDI, The Hirer acknowledges that while on charter GODANDI is not responsible or liable for delay or cancellation of the booking due in full or in part to any of the following situations arising; adverse weather conditions (e.g. snow, flood or high winds) official road diversions, road traffic accident, mechanical, electrical or material failure of the vehicle howsoever caused. GODANDI will only be responsible for making up lost time at a mutually agreed date. In the aforementioned unlikely event occurring, GODANDI shall make every effort for the immediate return of service of the vehicle/s for the continuation of The Hirer’s booking. In the event that immediate return to the provision of the booked service is not possible, GODANDI shall make every endeavor to provide a similar replacement vehicle/s or alternative/s at GODANDI’S discretion.
GODANDI shall accept no further liability for any loss, costs or expenses incurred by The Hirer or any member of his/her party as a direct or indirect result of GODANDI not being able to provide or complete the service booked by The Hirer. Notwithstanding the exclusions of liability contained herein but without in any way limiting their effect or generality, if there is found to be any finding of liability or responsibility whatsoever on the part of GODANDI which in any way relates to or arises from the services offered, such liability and/or responsibility shall cease and forever be extinguished from and after the date which is thirty (30) days from the date of service. In no event, shall any liability or responsibility of GODANDI exceed the fees charged by GODANDI to The Hirer for the services provided (excluding any arms’ length disbursements or expenditures made or incurred by The Hirer as a result thereof and reimbursed by The Hirer)
Health and Safety is GODANDI’s number one priority. Though GODANDI adheres to the highest degree of integrity and employs highly trained professionals to operate Limousines and adhere to all traffic laws when providing its services, the risk of a traffic accident is a possibility when providing such services. GODANDI is not liable for any injuries or death as a result of the actions of any of one or more of The Hirer or any member of his/her party. In consideration of the provision of services by GODANDI, The Hirer agrees to defend, indemnify and hold GODANDI and its employees and agents harmless from and against any and all claims, liabilities, damages, causes of action, judgments, costs or expenses (including reasonable legal fees and disbursements), resulting from or arising by reason of the death or bodily injury to persons, damage to property, or other loss, whether related to an accident occurring as a result of carrying out the services, and weather or not resulting from GODANDI’s negligent actions or omissions. This indemnification shall include and extend to any and all third-party claims brought or threatened against GODANDI under any federal or provincial law or statute as a result of GODANDI services. In addition to and notwithstanding the foregoing, The Hirer further agrees to unconditionally and irrevocably release GODANDI from, and not to bring any claims against GODANDI in connection with, any of the aforementioned claims or causes.