LOWCOUNTRY VALET
TERMS AND CONDITIONS
1. General Terms
This Terms and Conditions Agreement (“Agreement”) includes the terms and conditions agreed to between you, the purchaser/client (“Client”), and Lowcountry Valet LLC (LV) for its charter services. By booking a reservation with LV, and paying adequate consideration, you are agreeing to these terms. All of the given information provided by the Client is binding and cannot be changed without LV’s acceptance.
1.2 Modification of Terms. Any changes to this Agreement will be posted on our website. Existing contracts will not be subject to new terms and conditions revisions. New contracts will be subject to the latest terms and conditions posted online on the LV website and sent with every reservation confirmation. Any changes to your reservation date will be subject to the new terms, and your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the services. Your continued use constitutes acceptance.
2. Pricing & Payments
2.1. Retainer. A booking Fee equal to 50% of the total reservation value is due upon booking a reservation with LV and serves as consideration for Lowcountry Valet saving your date.
2.2 Administrative Costs. LV has certain administrative costs associated with all bookings that are non-refundable. The administrative costs will vary with the booking but include such work as the upkeep of the account from helping build and manage the transportation itinerary, to checking up with the clients and handling payments, and insurance requirements. 20% of all service costs are allocated to administrative costs.
2.3 Payment. The Booking Fee is applied towards the contracted charter package. The remaining balance must be paid in full no later than 30 days before the event date. If you are booking less than 30 days from service, payment in full is required within seven (7) days of receiving your booking confirmation or twenty-four (24) hours before service, whichever is first. Failure to make payment in full by this date will release LV from any responsibility or liability to provide services. Payments may be made in the form of credit cards, cash or check.
For all bookings, you agree to provide a major credit card on file as a guarantee for payment for all pertinent charges, including any incidental expenses and damages. These terms apply to everyone in the vehicle, and by booking our services, you are accepting complete responsibility for all passengers and associated parties. Client is authorizing LV to charge the credit card on file for any and all balances, and new charges, due immediately upon receipt of an updated invoice.
All payments are considered NON-REFUNDABLE and NON-TRANSFERRABLE. Any reduction of service time and/or services will be reviewed by LV, but does not warrant a reduction in total balance owed to LVSC.
2.4 Payment Types.
2.4.1 Credit Card Payments. By voluntarily accepting chartered transportation, you authorize LV to bill the credit card on file for all charges incurred as a result of services rendered, plus a non-refundable four (4%) percent service fee.
2.4.2 Cash and Check Payments. Check payments may be mailed or dropped off in person to our warehouse located at 5360 Hwy 165, Unit 301, Hollywood, SC. Cash payments are required to be hand delivered to our staff.
Cash sums received by chauffeurs are considered gratuity and non-refundable.
Cash sums received by chauffeurs are considered gratuity and non-refundable.
2.5 Late Payments. If a payment is not received by a due date as described in Section 2 above, the credit card on file will automatically be charged. If the credit card on file is declined, the client will have an additional seven (7) days to make an alternate payment to satisfy the balance due. If payment is not received in this time frame, LV is authorized to add late fees to the balance in the amount of 15% of the due amount, and an additional 15% for every 7 days additional the reservation payment runs late. Once a reservation reaches the 45 days late period without a satisfied balance, the account will be sent to collections and a collections fee of $250 will be added.
2.6 Price. Pricing for the LV services will be based on the date of service, time requirement, number of passengers, type of vehicle requested, distance traveled, and other such pertinent factors. By completing the booking with LV you agree to the price based on your needs. No refund or reduction in cost will be given for changes to your booking.
2.7 Additional Services. Additional services are available upon request and will be added to the total due balance. These additional a la carte services include decorations, floral enhancements, and food/drink packages. Any additional services are non-refundable.
3. Confirmation of Charter.
While we send out multiple confirmations prior to service, we request that client also call and confirm the times and addresses forty-eight (48) hours before your scheduled charter time. If you do not confirm the details, confirmation is not made, LV is not responsible for errors associated with your charter. Make sure you provide us with detailed directions to reduce error.
4. Rental Terms and Services.
4.1 Hourly Rentals. All vehicles booked under this service type receive unlimited chauffeured use of the vehicle within the predetermined time frame.
4.2 Destination Rentals.
4.2.1 One Way. This chauffeured service is considered a single hour booking (unless otherwise specified) and is typically used to get groups from Point A to B. Multiple trips within the designated time frame are permitted.
4.2.2 Round Trip. This is equivalent to (2) One Way services.
4.3 Seating Capacity. Our seating capacity is based on the “average” sized person per federal regulations. Overloading the vehicle is dangerous and can cause damages. Any delays or damages related to overloading will be the sole responsibility of the purchaser/client.
4.4 Photoshoot with Vehicle. This is Non-Chauffeured service and is booked by the hour. The vehicle will be delivered to the location and will remain there until the predetermined time frame has ended or the client has dismissed the vehicle(s).
5. Charter Time.
It is of particular importance that the Client makes allowances for anticipated delays and adheres to the agreed time schedule.
5.1 Time Changes. In the event that the Client wants to change the time of the itinerary, they may do so, only if LV is able to accommodate and agrees to any and all changes in writing. Please be advised that we may not be able to make any changes to times once the charter is retained due to scheduling conflicts. There are no refunds for unused time.
5.2 Delays. LV is not responsible for traffic delays or delays caused by directions given to the driver by passengers before or during the charter.
5.3 Overtime. LV cannot guarantee the availability of overtime but will do what they can to accommodate the additional needs of the purchaser/client. Overtime starts at one (1) minute past the agreed end time and is billed in 15-minute increments. If the overtime interferes with another charter, the purchaser/client will be held responsible for the monetary refund, if applicable, to the waiting party.
5.4 No Shows. A reservation will be considered a “no show” 30 minutes after the scheduled pickup time if the purchaser/client has not made contact with the driver or our staff. Refunds will not be granted in the event of a “no show.”
6. Conduct.
6.1 Damages. The Client is solely responsible for and accepts full liability for all damage(s) done to the vehicle either by themselves or their guests during the charter. The vehicle has been inspected prior to the charter and found to be in sound condition.. The Client has the right to request an inspection prior to and/or at the conclusion of the charter WITH the driver. If inspections are not requested, any complaints related to the vehicle condition are forfeited by Client. Client agrees that LV and anyone associated with the charter/service holds no liability for Client’s actions or the actions of its guests during or after the conclusion of the charter. Client agrees to be solely responsible for actions, decisions and judgments made and exercised during and after the conclusion of the charter. Purchaser/client agrees to hold LV harmless for any and all losses or illegal charges they or any other person or entity may suffer.
LV provides a service, and the Client agrees that all items that belong to LV will remain inside the vehicle in their original condition. The Client understands that they are responsible for such damages, which will accordingly be billed to the credit card on file.
6.2 Behavior. If the driver determines that behavior or guests’ behavior is out of control, unsafe, illegal, dangerous, belligerent, or irresponsible to lives and property, he/she may, at his/her sole discretion and without warning, terminate the charter immediately without a warning. If a driver terminates charter due to guest’s misconduct, there will be no refund or credit of any kind.
6.3 Alcohol Consumption. South Carolina law prohibits minors to consume alcohol; therefore, you understand and agree that any persons under 21 years of age are not to consume any alcohol while using LV services and vehicles, whether consumption is inside or outside the vehicle, you will be held responsible for any violation of the same, whether inside or outside of the car. Proper identification is required at all times for all passengers.
6.4 We reserve the right to alter routes if, in the judgment of our chauffeur and/or staff, the most direct route is impassible, ineffective, unsafe, or illegal. Our driver reserves the right to refuse travel on certain roads. Do not ask the driver to do anything that will require he/she to leave the vehicle unattended.
6.5 Estimated damage charges. You understand and agree that the estimated charges for damages listed below are a minimum amount, and LV, at its sole discretion, will determine the total cost of damage. A “Balance Update” email will be sent to the client specifying the damage and associated costs, and you agree that LV may charge the credit card on file immediately.
- $50.00 minimum for each burn, rip or tear to upholstery.
- $100.00 minimum for extensive cleanup (spills, smoking, trash, etc.)
- $250.00 minimum for shampoo and disinfecting (due to bodily fluids)
- $300.00 minimum for each act of vandalism.
- $300.00 minimum for any escape hatch/roof damages.
7. Personal Property.
LV recommends that all personal valuables be removed from the vehicle when unattended, as LV nor their chauffeurs, employees, agents, or contractors are responsible for any personal property of the client. You agree to hold LV harmless for any and all lost, stolen, or damaged personal property of you or your guests.
8. Mechanical Malfunction.
A mechanical issue may arise with our vehicles from time to time. Depending on the type of mechanical issue and when the issue occurs, it may disrupt the charter. LV will do everything commercially reasonable to manage such situations.
8.1 Prior To Service. In the event of a mechanical malfunction, LV will notify purchaser/client immediately of the issue and set aside a substitute vehicle(s) while the issue is addressed. If the issue cannot be resolved by the agreed upon service date, purchaser/client will have the option to cancel their reservation for a full refund minus any Administrative Costs, as detailed in Section 2.2. If the substitute vehicle is of lesser value, the difference will be returned after service has been performed.
8.2 During Service. In the event of a mechanical malfunction during service, LV will notify purchaser/client in a timely manner. LV is authorized to use a substitute vehicle(s) or contract with another company in order to satisfy the reservation. Should the breakdown of the vehicles cause passengers to arrive in excess of 30 minutes late to the designated event location, LV will reimburse the client for any alternate transportation and/or vendor fees resulting from the late arrival of guests not to exceed the amount of the original contracted amount with LV.
8.3 Air Conditioning Failure. Please be aware that large vehicle AC systems are only able to effectively cool 20 degrees below the heat index. Please prepare accordingly for days with a heat index above 95 degrees. In the event of an Air conditioning failure, LV will offer a refund up to 40% of the booking only. Since LV offers antique vehicles, some of these vehicles may not be suited for air conditioning systems and therefore this feature may not be offered. Please make sure to check with your sales rep before booking if this is a feature you require.
9. Refunds.
9.1 Generally. All payments are considered NON-REFUNDABLE and NON-TRANSFERRABLE. Any reduction of service time and/or services does not warrant a reduction in total balance owed to LV.
9.2 In the event that LV unable to perform the charter service due to an error on the part of LV, a refund of that service minus any administrative costs may be granted. This excludes situations caused or created by the client or outside forces, such as cancellations by the client, force majeure, or inaccurate schedule information (see Section10, Cancellations, for more information).
9.3 Complaints of Service. If LV does not receive a written complaint within 48 hours from the end of the contract time, client agrees that they are 100% satisfied and happy with all services provided and there are no valid complaints.
9.4 Administrative Cost Refunds. These costs are nonrefundable under any circumstance. See section 2.2 for more details.
9.5 In the event LV does offer client a refund, refunds are processed via your account manager and can take anywhere from 7-14 days.
10. Cancellation of Service.
All cancellations have to be submitted in writing. Any changes to the initial reservation have to be confirmed with LV. LV reserves the right to terminate this or any other contract for noncompliance of the above requests.
If the contract is cancelled by the purchaser/client/authorized personnel or services are reduced after it is signed, LV is still authorized to collect the remaining balance in full.
11. Non-Disparagement.
The Parties agree that they will at no time take any action or make any statement that could discredit the reputation of the other, or its products or services, including in any online forums, such as Social Media sites. In the event that this occurs, the party in which took the action or made the statement agrees to pay the affected party $5000.00 per incidence.
12. Force Majeure.
Neither LV or the purchaser/client shall not be deemed in default of the terms and conditions, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations (excluding payments due) due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar events beyond the reasonable control of the party, provided that the party relying upon this provision: (a.) gives prompt written notice thereof, and (b.) takes all steps reasonably necessary to mitigate the effects of the force majeure event. If a force majeure impedes LVs ability to provide service to the client, the client will be granted an in-house credit. LV will not refund any payments, including the booking/retainer and administrative costs detailed in Section 2 of this Agreement. LV does not include sickness or illness under Force Majeure and any related cancellations will be considered a standard cancellation and no refund or credit will be offered.
13. Authorized Personnel.
By listing an individual(s) contact information on the reservation, client gives authorization to them to receive communications and add/remove services. LV is not responsible for any errors or misunderstandings made by the individual(s) on behalf of the client.
14. Notices.
Any notice provided for in this Agreement must be in writing and must be either personally delivered, sent via electronic mail to Client’s assigned email address with a read receipt required, mailed by first class mail (postage prepaid and return receipt requested), or sent by reputable overnight courier service (charges prepaid) to the recipient at the address reflected . Any notice under this Agreement will be deemed to have been given when so delivered or sent or, if mailed, five days after deposit in the U.S. mail.
15. Severability.
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect. I have read and understood the terms above. I hereby agree to the terms of this contract.
16. State of South Carolina.
This Agreement is subject to the laws of the State of South Carolina. Any dispute that may arise must be filed in the court of proper jurisdiction; however, the venue is restricted to a court in the County of Charleston.
17. Agreement.
This agreement contains the entire understanding between LC, and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing.
18. Attorneys Fees.
In the event the parties become involved in litigation with each other arising out of this Agreement or other performance thereof in which the services of an attorney or other expert are reasonably required, the prevailing party shall be fully compensated for the cost of its participation in such proceedings, including the cost incurred for attorneys' fees and experts' fees.
I , the Client, am satisfied with the terms and conditions above and fully understand and agree. If, for any reasons, I am not fully satisfied with the services I receive, I have 48 hours after the completion of the job to file a complaint in writing via email.
