Terms and Conditions

Last Updated Feb 10, 2003

Agreement

The following are terms of a binding legal agreement between the user ("You" or the "customer") and American Coach, Inc. a Colorado corporation. By accessing, browsing or using this web site (this "Site") or downloading any content from this Site, or using any services booked through this Site or American Coach's 24 hour operations center, You acknowledge that You have read, understood and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If You do not agree to these Terms and Conditions, do not access, browse or use this Site or download any content from this Site.

Terms and Conditions Relating to American Coach Services

Billing

1. Rides are billed to the customer's credit card, unless a corporate account has been established, in which case rides are billed to the corporate account. American Coach accepts most major credit cards.
2. An 20% gratuity will be added to every bill. Any additional gratuity paid to the chauffeur is at the customer's discretion and will be in addition to the standard 20% gratuity. On all federally recognized holidays in the country of service, a surcharge of 25% will be added to the bill.
3. All out-of-pocket charges (such as two-way tolls, parking fees, and airport fees) will be added to the bill.
4. Applicable taxes will be charged as required.
5. All rates are subject to change without notice.
6. All rates are calculated in the local currency and billed in US dollars at the prevailing exchange rate.
7. You may call the American Coach customer service center at 1.888.842.2227 to request a rate quote for an airport transfer, or use our online rate quote tool at http://www.americancoachlimo.com

Hourly Rates

1. Point-To-Point Service: Stops en route are charged at $7.00 per five- minute increment. Any fraction of the five-minute increment will be billed at the five minute rate.
2. Dedicated Sedan/SUV Service: Rides will be billed at pre-determined hourly rate depending on the city of service. All dedicated sedan service will be billed at a 2 hour minimum, billed from the time the driver leaves the local operation's facility until the time he returns. There is a 30-minute minimum terminal charge each way.
3. Dedicated Van Service: Rides will be billed at pre-determined hourly rate depending on the city of service. All dedicated van service will be billed at a 2 hour minimum, billed from the time the driver leaves the local operation's facility until the time he returns. There is a 30-minute minimum terminal charge each way.
4. Dedicated Limousine Service: Rides will be billed at pre-determined hourly rate depending on the city of service. All dedicated limousine service will be billed at a 2 hour minimum, billed from the time the driver leaves the local operation's facility until the time he returns. There is a 30-minute minimum terminal charge each way. Weekend limousine service will be billed at a 3 hour minimum.
5. Group Transportation Service: Billing begins when personnel and/or the vehicle leaves local operation's facility for its scheduled pick-up and ends upon its return to the facility. There is a 30-minute minimum terminal charge each way.
6. Fractions of an hour are charged at a quarter-hour rate.
7. The rates specified above do not include an 20% gratuity that is included on every American Coach service.
8. All rates are subject to change without notice.

Wait Time

1. Commercial airline arrivals receive a fifteen (15) minute waiting grace period.
2. Waiting time will be charged at $7.00 per each five (5) minute increment once the grace period has elapsed.
3. American Coach monitors all commercial flights and billing begins at the adjusted time of arrival, unless a driver is onsite prior to the flight schedule update or change.
4. Train and Ocean Liner schedules will not be monitored, and billing begins at the scheduled pick-up time.

Stops

1. Stops en route are charged at $7.00 per each five (5) minute increment.
2. Stops off route or in excess of thirty (30) minutes revert to the hourly rates as noted above.

Cancellations, Modifications, and No Shows

1. For sedan rides only, cancellations and modifications made less than two hours before the scheduled pick-up time will result in a full charge equal to the cost of the trip. For all other vehicle rides, cancellations and modifications less than 12 hours before the scheduled pick-up time will result in a full charge equal to the cost of the trip. Notwithstanding the foregoing, and regardless of the vehicle, if a trip is scheduled on a federally recognized holiday or to a "special" event (such as the Masters Golf Tournament, Superbowl, or Grammy Awards), and for all group transportation services, a 48-hour cancellation and modification notice is required, otherwise the contracted vehicle's minimum special event rate will be charged. International reservations require 24 hours advance notice for changes and modifications.
2. A no show fee equal to the full cost of the trip plus an applicable wait time fee will be charged when the passenger fails to show at the designated location. If a customer cannot locate his or her vehicle, the customer must call 1.888.842.2227 to avoid a no show fee.

Other

1. Rides may only be requested online if the pickup time is no less than 24 hours from the time the request is received by American Coach. An online request number does not guarantee a confirmed reservation. An online request may be confirmed as a reservation or denied due to availability or invalid data entered by the customer, including, but not limited to, invalid credit card numbers, incomplete pickup information, and unserviceable requests. It is the customer's responsibility to verify that his or her request has been confirmed or denied. Once a request has been confirmed, all of these Terms and Conditions apply.
2. American Coach requests credit card information from its online customers. No charge will be made to any credit card entered until a request is confirmed and completed or "cancelled billable".
3. Modifications to requests or reservations made via the telephone may not be reflected online. Receipts are kept online for 90 days.
4. Smoking is not allowed in any American Coach vehicle.

General Terms and Conditions

Grant of Limited License

American Coach grants You a limited, non-exclusive license to access and make commercial use of this Site, but not to download (other than page caching) or modify it or any portion of it without the express written consent of American Coach. This license does not include: any resale or commercial use of any content on this Site; any collection or use of any product listings, descriptions or prices; any derivative use of this Site or any content on this site; any downloading or copying of this Site or any content on this site for the benefit of another person or entity; or any use of data mining, robots or similar data gathering or extraction tools. This Site and the content on this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of American Coach. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including, without limitation, images, text, page layouts or forms) of American Coach or its affiliates, vendors, contractors, agents or content providers without the express written consent of American Coach. You may not use any meta tags or any other "hidden text" utilizing American Coach or any of its affiliates' names or trademarks without the express written consent of American Coach. Any unauthorized use or use in excess of one's authorized use, terminates the limited license granted by American Coach. In addition, American Coach may revoke your limited license at any time in its sole and absolute discretion.

Copyright Notice

All content on this Site, including, without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software (collectively "Materials") are copyrighted materials of American Coach or one or more of its affiliates, vendors, contractors, agents or content providers. Reproduction or storage of Materials downloaded, accessed or retrieved from this Site is subject to the U.S. Copyright Act of 1976 and international laws, treaties and conventions. Except as expressly provided in these Terms and Conditions, American Coach and its affiliates, vendors, contractors, agents and content providers do not grant any express or implied rights or licenses under or related to any patents, copyrights, trademarks, trade secrets or other intellectual property rights.

Notice and Procedure for Copyright Infringement Claims

Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), American Coach reserves the right to terminate a person's use of this Site and any services or information provided at or through this Site, if American Coachdetermines in its sole and absolute discretion that the person is engaged in any activity that may be infringing, including, without limitation, alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. American Coach accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to the Act, American Coach has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. American Coach's designated agent to receive such notification of claimed infringement is:

    American Coach info@americancoachlimo.com

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to American Coach's designated agent listed above, and must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; and, similarly, for other types of infringing materials, a list of such materials;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit American Coach to locate the material;
4. Information reasonably sufficient to permit American Coach Limousine to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or other proprietary right owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Trademark Notice

Any word, name, symbol or device bearing the symbol "TM", "SM" or "®" or any similar indication is a trademark or service mark of American Coach, any of its affiliates, vendors, contractors, agents or content providers, or a third party. No right or license related to any trademark is provided to users of this Site. Unauthorized use of any trademark appearing on this Site is strictly prohibited. Further information regarding ownership of any trademark appearing on this Site can be obtained by sending an email message to info@americancoachlimo.com.

Privacy

Information, emails, content and suggestions posted or submitted to American Coach through this Site are governed by our Privacy Policy.

If You post or submit to this Site information, emails, content or suggestions ("Submitted Content"), You grant American Coach and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display your Submitted Content throughout the world in any media. You grant American Coach and its affiliates and sublicensees the right to use the name that You submit in connection with your Submitted Content, if they choose. You represent and warrant: that You own or otherwise control all of the rights to your Submitted Content; that your Submitted Content is accurate; that use of your Submitted Content does not violate these policies and will not cause injury to any person or entity; and that You will indemnify American Coach and its affiliates and sublicensees for all losses, damages and claims directly or indirectly caused by, arising out of or relating to your Submitted Content. American Coach has the right but not the obligation to monitor, edit and/or remove any Submitted Content. American Coach takes no responsibility and assumes no liability for any Submitted Content from You or any third party.

Links to Other Sites

This Site may provide links to third party websites or resources or materials provided by third parties, through hypertext links, framing techniques or other means (collectively "Other Links and Content"). Because American Coach Limousine has no control over any Other Links and Content, You acknowledge and agree that American Coach is not responsible for the accuracy, completeness, usefulness, adequacy, reliability, availability, content or use of any Other Links and Content. Other Links and Content are meant solely for your convenience. The provision of Other Links and Content does not constitute any recommendation, sponsorship, endorsement or approval thereof by American Coach. You acknowledge and agree that American Coach Limousine will not be liable to You or any third party for any loss, damage or claim directly or indirectly caused by, arising out of or related to your access to, use of or reliance on any Other Links and Content, or any information, goods or services available on or through any Other Links and Content.

DISCLAIMERS

THE MATERIALS ON THIS SITE AND ALL OTHER LINKS AND CONTENT ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT WILL AMERICAN COACH OR ANY OF ITS AFFILIATES, VENDORS, CONTRACTORS, AGENTS, CONTENT PROVIDERS, OFFICERS, MANAGERS, DIRECTORS, INVESTORS, EMPLOYEES OR PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) DIRECTLY OR INDIRECTLY CAUSED BY, ARISING OUT OF OR RELATING TO, THE USE OR INABILITY TO USE THIS SITE, THE MATERIALS OR OTHER LINKS AND CONTENT, EVEN IF American Coach HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

American Coach and its affiliates, vendors, contractors, agents and content providers do not warrant that this Site, the Materials or the Other Links and Content, including, without limitation, any descriptions of any products or services contained in this Site, the Materials or the Other Links and Content, are accurate, complete, useful, adequate, reliable, current or error-free. American Coach and its affiliates, vendors, contractors, agents or content providers may make changes to this Site, the Materials and the Other Links and Content, including, without limitation, the information, products and services contained or described therein, at any time without notice. However, American Coach makes no commitment to update this Site, the Materials or the Other Links and Content.

American Coach assumes no responsibility, and will not be liable for, any damages to or viruses, trojan horses, trap doors, back doors, worms, time bombs, cancelbots or other computer programming routines that may infect or affect your computer equipment or other property on account of your access to, browsing in or use of this Site, any emails sent from American Coach or any of its affiliates, your use or downloading of any Material from this Site or your access to or use of any Other Links and Content.

Acceptable Use

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic or other Material that would violate any law or regulation. Your use of this Site and the American Coach™ system and American Coach™ services is governed by these Terms and Conditions and our Acceptable Use Policy, and, if You are a customer of American Coach, also by the terms of any other agreement between you and American Coach or between you and any of American Coach's affiliates.

American Coach retains the right to delete any posting or to prevent the posting of any Material to this Site in its sole and absolute discretion without notice. American Coach further retains all of its other rights and remedies, including, without limitation, the right to terminate, deactivate and/or delete your account, your password and/or information and files in your account, and/or otherwise prevent or disable your access to this Site, in its sole and absolute discretion without notice. You agree that American Coach and its affiliates, vendors, contractors, agents, content providers, officers, Managers, directors, investors, employees and partners will not be liable to You for any such deletion, prevention or termination. American Coach also retains the right to file criminal charges and/or instigate civil actions as permitted by these Terms and Conditions and applicable laws and regulations.

Applicable Laws

This Site is controlled by American Coach from its offices within the United States Of America. American Coach makes no representation that the Materials on this Site are appropriate or available for use in other locations, and access to such Materials from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside United States Of America do so on their own initiative and are responsible for compliance with applicable local, state, provincial, national and international laws. You may not use or export the Materials on this Site in violation of U.S export laws and regulations. Any dispute, controversy or claim directly or indirectly caused by, arising out of or relating to this Site, the Materials on this Site or the Other Links and Content will be governed by the internal substantive laws of the State of Colorado, except its provisions related to the conflict of laws.

Disputes

Any dispute, controversy or claim directly or indirectly caused by, arising out of or relating to your accessing, browsing or using this Site, any Materials on this Site or any Other Links and Content will be submitted to confidential, mandatory and binding arbitration in Denver, Colorado, except that, to the extent You have in any manner violated or threatened to violate American Coach Limousine's or any of its affiliate's patents, copyrights, trademarks, trade secrets or other intellectual property rights, American Coach may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado, and You consent to exclusive jurisdiction and venue in such courts. The arbitration will be conducted on an expedited basis before a single arbitrator under the Commercial Arbitration Rules then prevailing of the American Arbitration Association (as modified by this paragraph). The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Changes to these Terms and Conditions

American Coach reserves the right to change, update or modify these Terms and Conditions at any time. Each time You access, browse or use this Site, You agree to the terms of these Terms and Conditions then in effect. If any of these Terms and Conditions 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 remaining Terms and Conditions