Terms & Conditions

SERVICE TERMS & CONDITIONS

CHANGE, CANCELLATION AND NO-SHOW POLICY

Late change, cancellation, and no-show policy applies to all confirmed flat rate and time-based hourly rate reservations:

  • For flat rate transfer reservations in the United States, Canada, and Puerto Rico, a change fee or late cancellation fee for all transfer reservations will be charged. Unless the transfer reservations changed or cancelled within the minimum stated time prior to the scheduled pick-up time.
  • For time-based hourly reservations, a change fee or late cancellation fee equal to the minimum hours quoted at the time of reservation will be charged. Unless the hourly reservations changed or cancelled within the minimum stated time prior to the scheduled pick-up time.
  • For all countries not aforementioned and where a reservation is changed or cancelled within the minimum stated time prior to the scheduled pick-up time, either transfer reservations or time-based hourly rate reservation will incur a fee equal to the applicable transfer rate or hourly rate plus local VAT where applicable will be charged. Unless the transfer or hourly reservation changed or cancelled within the minimum stated time prior to the scheduled pick-up time.
  • Applies to all reservations where the pickup location is within the local city metropolitan area. The local city metropolitan area is defined as within 50 miles of the city center. All services outside the local city metropolitan area may be assessed the actual drive time to and from the pick-up location.
  • All Special Event reservations change and cancellation policies supersede standard change and cancellation policies and are noted in the email confirmation.
  • A no-show fee equal to the transfer or time-based hourly minimum rate, plus any if applicable tolls, parking, airport fee, fuel surcharge, STC charge, regulatory fees, taxes, will apply for all confirmed reservations, should the passenger fail to cancel or meet the chauffeur at the designated pick-up location.

To avoid a change fee, cancellation fee, or no-show fee, the reservation(s) must be changed or cancelled in accordance with the cancellation policy noted in your email confirmation. You may either change or cancel the reservation on-line, via email reservations@bostonasapcoach.com or by phone toll-free US/Canada 800.960.0232. International +1.617.630.0232.

CHANGE AND CANCELLATION TERMS

Late change and cancellation fee equal to the rate confirmed at the time of reservation will apply unless:

  • Sedan Reservations are changed or cancelled more than Three (3) Hours prior to the scheduled pickup time.
  • SUV / MPV Reservations are changed or cancelled more than Six (6) Hours prior to the scheduled pickup time.
  • Van / Sprinter Reservations are changed or cancelled more than Twelve (12) Hours prior to the scheduled pickup time.
  • Limousine / SUV Limousine Reservations are changed or cancelled more than Seventy-Two (72) Hours prior to the scheduled pickup time.
  • Limo Coach / Mini Coach / Motor Coach Reservations are changed or cancelled more than Seventy-Two (72) Hours prior to the scheduled pickup time.
  • Event and Special Occasion Reservations changed or cancelled more than Seventy-Two (72) Hours prior to scheduled pickup time.
  • International Reservations for Sedans, SUVs, MPVs and Vans, are changed or cancelled Twenty-Four (24) Hours prior to the scheduled pickup time.

The above cancellation terms represent standard policy at BostonAsapCoach and may be modified from time to time based on market, desired reservation dates and vehicle availability. All modifications that are mutually agreed upon in writing or communicated and confirmed at the time of reservation will supersede the above.

BILLING
  • All Trips are billed to the corporate direct bill account numbers, or customer's credit card account number provided at the time the reservation is made.
  • All rates will be calculated in the local currency and billed in US dollars at the prevailing exchange rate.
  • Additional charges will be itemized on the customer’s billing statement when applicable (e.g. tolls, parking, airport fee, fuel surcharge, STC charge, regulatory fees), will be billed as required.
  • Applicable state/city sales taxes will be billed on both flat rate and time-based hourly rate trips as required.
  • A 25% U.S. holiday surcharge, based on the fare, stop and waiting time, will be billed to all trips occurring on following days: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.
  • Holiday surcharges also apply to trips occurring on recognized holidays in locations outside the United States.
  • Drivers are prohibited from soliciting gratuities.
  • All published rates are subject to change without notice.
BASE RATE
  • The rate charged for basic transportation services before any, STC, Fuel Surcharge, Airport Fee, International Arrival Fee, Greeter Fee, and/or Tax is added.
FLAT RATE
  • Standardized flat rate billing apply to predefined routes for travel to and from most major cities and airports locally in the United States and around the world.
  • Standardized flat rate billing are available for Sedan Reservations only.
  • Standardized flat rate billing also applies on SUVs, MPVs, Limousines, and Vans only for transfer reservations to and from the airports.
  • All non-sedan vehicles to which a flat-rate does not apply will be billed on an time-based hourly rates.
WAIT TIME
  • Wait time is defined as the length of time that elapses between a scheduled pickup time and a passenger getting into the reserved vehicle.
  • Wait time billing only apply to reservations booked as an flat rate trip.
  • On all flat rate transfers origination from an Airport, customers are permitted waiting period of Fourty Five (45) minutes after the actual arrival time of domestic flights and Seventy (70) minutes for international flights at no extra charge.
  • All flat-rate trips that do not begin at an airport are subject to Wait Time after the Ten (10) minutes of grace period is over.
  • On all flat-rate Sedan reservations that do not begin at an airport, there is an increments charge for every five (5) minutes a chauffeur is waiting.
  • Wait time on all non-sedan vehicles will be billed at their prevailing wait time rate for every five (5) minutes a chauffeur is waiting.
STOP(s)
  • Customer requested stop(s) on route during a flat-rate trip will be billed per Stop, plus any wait time per Five (5) Minute increments at the Stop, if applicable will be billed.
  • Customer requested stop(s) off route during a flat-rate trip will be billed at the prevailing time-based hourly rate of the vehicle.
TIME-BASED HOURLY RATE
  • Rides between locations to which a flat-rate does not apply will be billed as time-based hourly rate.
  • The charge for "As-Directed" service when there is an itinerary involved or the chauffeur takes instructions from the customer; typically involves multiple stops, time-based hourly rate will apply.
  • Time-based hourly charges are billed in 30-minute increments, fractions of an hour are rounded to next half hour.
  • All time-based hourly rate reservations will be billed with Garage-to-Garage charges.
GARAGE-TO-GARAGE CALCULATION
  • Garage-to-Garage charges are calculated by applying the applicable hourly rate commencing from the time the chauffeur departs the garage to begin service and continuing through such time the chauffeur concludes service and returns to the garage.
  • The minimum number of billable hours appears in the estimate; however, the actual billable hours may exceed the minimum. For services in Europe, a kilometer charge will also apply.
TRANSFER
  • The charge for service between the most frequently traveled routes in a given market cities, commercial airports and FBO locations are predefined transfers.
ESTIMATED INCLUSIVE QUOTE
  • Rates quoted prior to service are only an initial estimate of the cost of services reserved. Wait time and/or additional services may change the final price.
SURFACE TRANSPORTATION CHARGE (STC)
  • STC is a surcharge based upon various overhead expense items, some of which may not relate to the specific trip.
  • The STC is always calculated as a flat percentage of the base rate. This includes insurance, regulatory fees and maintenance cost. We are being forced to implement an STC (service transportation charge).
FUEL SURCHARGE
  • For Sedan, SUV, MPV, and Sedan Limousine services in the United States and Canada, the Fuel Surcharge is calculated based on the Energy Information Agency's (EIA's) published fuel pricing forecasts.
  • Fuel Surcharge for specialty vehicles, including Vans, SUV Limousine, Limo Coaches, Mini Coaches and Motor Coaches, will vary.
  • Fuel Surcharge for international reservation will very depending upon the region the service is provided.
  • Quoted amount may differ from billed amount based on forecast in effect when services are provided.
EXCHANGE RATE
  • For all international reservations, any quoted rate is based on the exchange rate in effect at the time of booking. The final bill will be calculated using the exchange rate in effect at the time of billing.
CHILD SAFETY SEATS
  • Parents and guardians of children traveling are responsible for providing and installing child safety seats in accordance with state and federal laws.
  • However, in some cases BostonAsapCoach may provide child safety or booster seat for an additional cost depends upon the region and city metropolitan area.
SAFETY BELTS
  • BostonAsapCoach requires passengers to comply with all local laws and regulations regarding safety belts and other safety equipment.
PET AND SERVICE ANIMALS
  • Animals may only be transported in a kennel or soft-sided pet container.
  • For passengers with disabilities traveling with a service animal, the animal does not require being transported in a kennel or soft-sided pet container.
  • In the event damage occurs to the vehicle, caused by the animal, a damage and/or cleaning fee may be charged.
ACCESSIBILITY
  • Any hearing-impaired person, totally or partially blind person, or physically disabled person riding in any BostonAsapCoach vehicle is permitted to be accompanied by a service animal, without being required to pay an extra charge for the service animal.
IN-VEHICLE COMPLIMENTARY WIFI

Many of BostonAsapCoach vehicles offer passengers complimentary In-Vehicle access to WiFi. Any passengers who utilize the complimentary In-Vehicle WiFi understands and agrees that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the Internet, whether the connection to the Internet is facilitated through wired or wireless technology. These security issues range from interception of transmissions, loss of data, or the introduction of viruses or other programs that can damage your device or network.

ACCORDINGLY, ALL PASSENGERS AGREE THAT BOSTONASAPCOACH, INC., ITS SUBSIDIARIES, AFFILIATES, PARENTS, OWNERS, INVESTORS AND INSURERS WILL NOT BE LIABLE FOR ANY INTERCEPTION OF TRANSMISSIONS, LOSS OF DATA, FILE CORRUPTION, HACKING OR DAMAGE TO YOUR COMPUTER OR NETWORK THAT RESULTS FROM THE TRANSMISSION OR DOWNLOAD OF INFORMATION OR MATERIALS THROUGH THE SERVICE.

CHAUFFEUR CONDUCT

BostonAsapCoach maintains a zero-tolerance policy with regard to drug and alcohol use. We are committed to ensuring that our services and workplace remain free from the effects of drugs and alcohol in order to promote the health and safety of all our employees and customers.

If you suspect that a BostonAsapCoach employee or chauffeur is under the influence of drugs or alcohol please report this immediately by calling customer service at 800.960.0232. 24 hours a day, 7 days a week.

NONDISCRIMINATION POLICY

BostonAsapCoach provides transportation based solely upon vehicle and chauffeur availability, without regard to race, sex, color, national origin, sexual orientation, religion, gender identification, disability, age or geographic departure point or destination.

LOST OR MISPLACED ITEMS
  • BostonAsapCoach assumes no liability for any lost or misplaced personal property or any other items left in the vehicle.
ADDITIONAL

The following items are prohibited from BostonAsapCoach, its affiliates or subcontractors vehicles: alcoholic beverages, glass containers, smoking, firearms, explosives and fireworks.

Additionally in no event will BostonAsapCoach or any of its affiliates or subcontractors be liable or responsible for damages of any kind caused by any delay in performance or failure to perform, in whole or in part, any of their obligations in connection with the services, where such delay or failure is due in part to traffic, road construction, weather, strikes, government sanctioned embargo, fire, earthquake, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay caused by any air or ground passenger carrier, or any other circumstances beyond the reasonable control of BostonAsapCoach, its affiliates or subcontractors.

ELECTRONIC CHANNEL TERMS & CONDITIONS

Use of the ("BostonAsapCoach") web sites at www.bostonasapcoach.com (collectively, the "Web Site"), the on-line reservation services (the "Services") provided by BostonAsapCoach website, and the BostonAsapCoach's Mobile Applications (each a “Mobile Application”), are subject to the terms and conditions of use set forth below ("Terms of Use"), which include BostonAsapCoach PRIVACY POLICY, incorporated into these Terms of Use by reference.

ACCEPTANCE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES, THE WEB SITE, OR THE MOBILE APPLICATION. BY USING THE SERVICES, THE WEB SITE, OR THE MOBILE APPLICATION, YOU AGREE TO THESE TERMS OF USE. IF AN INDIVIDUAL IS USING THE SERVICES, THE WEB SITE, OR THE MOBILE APPLICATION ON BEHALF OF A BUSINESS ENTITY, WHETHER AS AN EMPLOYEE, AGENT, OR CONSULTANT OF SUCH BUSINESS ENTITY, BY DOING SO, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE LEGAL CAPACITY AND AUTHORITY TO BIND SUCH BUSINESS ENTITY TO THE TERMS OF USE. "YOU" SHALL REFER BOTH TO THE INDIVIDUAL ACCESSING THE SERVICES, THE WEB SITE, OR THE MOBILE APPLICATION ON BEHALF OF A BUSINESS ENTITY, IF ANY, AND ANY SUCH BUSINESS ENTITY ITSELF. BOSTONASAPCOACH MAY CHANGE THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE, AND SUCH CHANGES WILL BE EFFECTIVE ON THE DATE THEY ARE POSTED ON THE WEB SITE. USE OF THE SERVICES, THE WEB SITE, AND THE MOBILE APPLICATION AFTER SUCH CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICES, THE WEB SITE, OR THE MOBILE APPLICATION.

USE OF SERVICES, THE WEB SITE, AND THE MOBILE APPLICATION

You may only use the Services, the Web Site, and the Mobile Application in accordance with the Terms of Use, any posted policies and procedures that appear on the Web Site, and for lawful purposes. You agree not to use the Services, the Web Site, or the Mobile Application to:

  • Distribute computer viruses, worms, or software intended to damage or alter a computer system without the owner's consent.
  • Use "auto-responders," "cancel-bots," or other similar mechanisms that generate excessive network traffic.
  • Transmit any material that is false, inaccurate, fraudulent, or misleading.
  • Transmit any material that infringes or misappropriates any third party's copyright, trademark, trade secret, patent, or other proprietary rights.
  • Transmit any unlawful, harmful, defamatory, pornographic, obscene, vulgar, threatening, harassing or otherwise objectionable material.
  • Send or relay any unsolicited advertising or chain letters.
  • Exceed your permitted access or attempt to gain unauthorized access to the Services, the Web Site, or the Mobile Application, computer systems or networks, through login password mining or any other means.
  • Frame any portions of the Services, the Web Site, or the Mobile Application within another web site or establish links from any other web site to any page of the Web Site.
  • Resell use of, or access to, the Services, the Web Site, or the Mobile Application to any third party without BostonAsapCoach’s prior written consent.

BostonAsapCoach reserves the right to terminate your access to the Services, the Web Site, or the Mobile Application at any time without notice if we determine, in our sole discretion, that you have abused or violated any of these terms and conditions.

USER ID, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of any user ID and/or password provided to you by BostonAsapCoach for use in connection with the Services, the Web Site, or the Mobile Application. You are solely responsible for all activities that occur under your user ID and/or password, and you agree to notify BostonAsapCoach immediately of any unauthorized use of your user ID and/or password or any other breach of security related to the Services, the Web Site, or the Mobile Application.

BOSTONASAPCOACH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER ID AND/OR PASSWORD OR TO COMPLY WITH THIS SECTION.

SERVICES

BostonAsapCoach’s provision to you of the Services may be subject to other terms, conditions and restrictions posted on the Web Site, the Mobile Application or otherwise communicated in writing to you by BostonAsapCoach, including via email. The Services are subject to availability and all price quotes are estimates. Please refer to Service Terms of Use page for more information.

MOBILE CHARGES

You are responsible for payment of any costs or expenses incurred as a result of downloading and using any Mobile Application, including any operator network and roaming charges. Please check with your service provider for details.

MOBILE APPLICATION LICENSE

Subject to your compliance with these Terms of Use, BostonAsapCoach grants you a limited non-exclusive, non-transferable license to download and install a copy of the Mobile Application on a single mobile device that you own or control and to run such copy of the Mobile Application solely for your use. Unless otherwise agreed in writing you shall not:

  • License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party Services or the Mobile Applications in any way.
  • Reverse engineer or access Services or the Mobile Applications in order to design or build a competitive product or service.
  • Design or build a product using similar ideas, features, functions or graphics of the Services or Mobile Application.
  • Copy any ideas, features, functions or graphics of Services, the Web Site, or the Mobile Application.
  • Modify or make derivative works based upon the Mobile Applications.
  • Create Internet “links” to the Web Site or “frame” or “mirror” the Services or Mobile Applications on any other server or wireless or Internet-based device.
  • Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services, Web Site, or Mobile Application.
PROPERTY RIGHTS AND COMMUNICATION

The Web Site and the Mobile Application, and certain content therein, the Services, and any underlying software may be protected by copyright, trademark, patent, and/or other intellectual property and proprietary rights laws and are owned (along with all proprietary rights therein, including all rights, in and to the Services, the Web Site, and the Mobile App, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services, the Web Site, or the Mobile Application) by BostonAsapCoach and/or its licensors. You agree that you will not copy, distribute, republish, display, post, transmit, download, or modify any content you obtain from the Services, the Web Site, or the Mobile Application, or any other BostonAsapCoach or licensor owned intellectual property without BostonAsapCoach's prior permission; provided, however, that you may download or print a copy of information from the Web Site for your use in learning about, reserving, or using the Services.

Excepting any suggestions, ideas, enhancement requests, feedback, recommendations or any other information deemed proprietary and detailed above, any other communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Except to the extent expressly covered by our Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

INTERNATIONAL ACCESS

The Services, the Web Site, and the Mobile Application are provided from the United States of America and all servers that make it available reside in the United States of America. The laws of other countries may differ regarding the access and use of the Service, Web Site and Mobile Application. We make no representations regarding the legality of the Services, the Web Site, or the Mobile Application in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the United States of America.

THIRD PARTY APPLICATIONS

The Services, the Web Site, and the Mobile Application may enable you to link or connect you to use functionalities of third-party applications, services or sites that are not owned or controlled by BostonAsapCoach (“Third Party Applications”). Any Third-Party Applications are subject to the terms and conditions of the relevant third-party provider. BostonAsapCoach has no control over and is not responsible or liable for any matters relating to your dealings or transactions with such third-parties and over any third-party content, syndicated content, applications, services, sites, advertisements, links, privacy policies and/or practices of any such third-parties that may be accessible via the Services, the Web Site, or the Mobile Application. It is your responsibility to check the privacy policies and terms of service and usage of all third-party sites that you visit prior to downloading or using any such Third-Party Applications.

PAYMENT

BostonAsapCoach uses a third-party payment processor (the “Payment Processor”) to link your credit card account to pay for the Services booked on the Web Site and through the Mobile Application. The processing of payments or credits, as applicable, in connection with your use of the Services, the Web Site, and the Mobile Application will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms of Use. BostonAsapCoach is not responsible for any errors by the Payment Processor. In connection with your use of the Services, the Web Site, or the Mobile Application, BostonAsapCoach will obtain certain transaction details, which will be used solely in accordance with the Privacy Policy.

PRIVACY

BostonAsapCoach takes the privacy of you and your information very seriously. For further information about what information we collect and how we use such information, please view our PRIVACY POLICY.

WARRANTY DISCLAIMER

THE SERVICES, THE WEB SITE, THE MOBILE APPLICATION AND ANY INFORMATION PROVIDED THROUGH THE SERVICES, THE WEB SITE, OR MOBILE APPLICATION, INCLUDING ANY THIRD-PARTY APPLICATIONS OR THIRD- PARTY PROVIDED INFORMATION, ARE PROVIDED BY BOSTONASAPCOACH ON AN "AS IS" BASIS, AND NEITHER BOSTONASAPCOACH NOR ITS SUBSIDIARIES, PARTNERS, AFFILIATES, SUBCONTRACTORS OR VENDORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, THE WEB SITE, OR THE MOBILE APPLICATION OR THE INFORMATION MADE AVAILABLE BY OR THROUGH THE SERVICES, THE WEB SITE, OR THE MOBILE APPLICATION. IN ADDITION, BOSTONASAPCOACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY AND NON-STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER BOSTONASAPCOACH NOR ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, SUBCONTRACTORS OR VENDORS WARRANTS THAT USE OF THE SERVICES, THE WEB SITE, OR THE MOBILE APPLICATION WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE WEB SITE, OR THE MOBILE APPLICATION ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

Some jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT WILL BOSTONASAPCOACH AND ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, CONTRACTORS, SUBCONTRACTORS OR VENDORS, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, THE WEB SITE, OR THE MOBILE APPLICATION, OR ANY WEBSITES OR THIRD PARTY APPLICATIONS LINKED TO THE SERVICES, THE WEB SITE, OR THE MOBILE APPLICATION, WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER BOSTONASAPCOACH KNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BOSTONASAPCOACH'S AGGREGATE LIABLITY FOR DIRECT DAMAGES ARISING FROM OR RELATING TO THE SERVICES, THE WEB SITE, OR THE MOBILE APPLICATION (REGARDLESS OF THE CAUSE OF ACTION, WHETHER UNDER IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID BY THE USER TO BOSTONASAPCOACH FOR THE SPECIFIC SERVICE THAT IS THE SUBJECT OF THE DISPUTE OR (ii) $50. THE FOREGOING LIMITATIONS OF LIABILITY ARE CONTRACT, TORT, OR OTHER LEGAL THEORY) INDEPENDENT OF, AND SHALL APPLY REGARDLESS OF, ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY.

You acknowledge that BostonAsapCoach has agreed to provide the Services, the Web Site, and the Mobile Application in reliance on the exclusions of liability and disclaimers of warranty set forth herein. Some jurisdictions do not allow the limitation of incidental or consequential damages, so some of the above limitation may not apply to you.

ARBITRATION

Any and all disputes pursuant to these Terms of Use, or otherwise between the parties, shall be submitted to binding arbitration in the State of Massachusetts in accordance with the commercial rules of the American Arbitration Association (“AAA”) then in effect. The costs of the arbitration shall be shared equally by the parties, provided that, the arbitrator may award attorneys costs and expenses to the prevailing party. The parties agree that any actions or disputes shall be adjudicated between the parties hereto, and shall not be combined with any other actions or disputes of other parties. Notwithstanding the foregoing, this arbitration clause shall not in any way be deemed to limit BostonAsapCoach’s right to commence an action in an appropriate court (and without submitting to arbitration) to protect its intellectual property rights or enjoin prohibited use of the Service, the Web Site, and the Mobile Application.

WAIVER; REMEDIES

The failure of BostonAsapCoach to partially or fully exercise any rights or the waiver of BostonAsapCoach of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by BostonAsapCoach or be deemed a waiver by BostonAsapCoach of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of BostonAsapCoach under these Terms of Use and any other applicable agreement between you and BostonAsapCoach shall be cumulative, and the exercise of any such right or remedy shall not limit BostonAsapCoach's right to exercise any other right or remedy.

INDEMNIFICATION

You agree to indemnify and hold BostonAsapCoach, its officers, employees, agents, subsidiaries, partners, affiliates, subcontractors and vendors, harmless from any and all losses, liabilities, damages and/or costs (including reasonable attorneys' fees) arising from any third-party claims arising from or related to your use of the Services, the Web Site, or the Mobile Application, or your violation of the Terms of Use or the Privacy Policy.

FORCE MAJEURE

BostonAsapCoach shall not be responsible for damages caused by delay or failure to perform, in full or in part, any of its obligations in connection with the Services, the Web Site, or the Mobile Application provided that there is due diligence in attempted performance under the circumstances and that such delay or failure is due to fire, earthquake, unusually severe weather, strikes, government sanctioned embargo, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay or destruction caused by public carrier, or any other circumstance substantially beyond the control of BostonAsapCoach.

SEVERABILITY

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

GOVERNING LAW

The laws of the State of Massachusetts shall govern these Terms of Use. Subject to the arbitration provision above, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN BOSTON, SUFFOLK COUNTY, STATE OF MASSACHUSETTS FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE SERVICE, THE WEB SITE, OR THE MOBILE APPLICATION.

ENTIRE AGREEMENT

These Terms of Use and the other policies and terms posted on the Web Site set forth the entire agreement between you and BostonAsapCoach on this subject matter and supersede all other negotiations, understandings, statements and agreements between the parties.

SMS TERMS & CONDITIONS

EXPLANATION OF SERVICE

BostonAsapCoach Alerts are SMS messages that notify you about important details about reservations you book with BostonAsapCoach. These may include, but are not limited to, pre-reservation reminders, notification that your chauffeur is in route to pick you up, and notification that your chauffeur is at the requested pick-up location.

IMPORTANT NOTE: You can always control the types of notifications you would like to receive under the account settings options of your passenger profile, accessible at www.bostonasapcoach.com If you need any assistance with these settings, you may contact us via email info@bostonasapcoach.com or by phone toll-free US/Canada 800.960.0232. International +1.617.630.0232.

ACCEPTANCE

By using the Service provided by BostonAsapCoach, you have agreed to be bound by these TERMS AND CONDITIONS, as well as the terms and conditions applicable to BostonAsapCoach chauffeured transportation services; however, you may use BostonAsapCoach’s services without subscribing to BostonAsapCoach Alerts.

If you do not agree with BostonAsapCoach’s terms and conditions, you must immediately cease using the Alert Service and contact us as provided below under SUPPORT.

PRIVACY POLICY

We respect the privacy of the personal information you provide to us and take measures to protect that information. You can view BostonAsapCoach PRIVACY POLICY here.

TERMS AND CONDITIONS
SIGN UP - Subscribing to the Service

Any BostonAsapCoach passenger profile with a valid mobile telephone number attached will be automatically enrolled upon set-up, unless otherwise instructed by the enroller. Any SMS notifications sent by BostonAsapCoach are for the sole purpose of providing you with important information about the Service (as described above) and are provided in compliance with all of the pertinent rules and regulations pursuant to the US TELEPHONE CONSUMER PROTECTION ACT OF 1991 and THE CAN-SPAM ACT OF 2003.

In order to subscribe, please navigate to the account settings page of your passenger profile, where you will then need to provide your mobile phone number. Please note that at this time only one mobile number may be enrolled per passenger profile.

You will then have the option to select which text message notifications you would like to receive as part of the Service. Use of any BostonAsapCoach service authorizes BostonAsapCoach to send Alerts via SMS directly to your mobile device or cellular telephone, unless you choose to opt-out.

STOP – How to End Subscription

If at any time you decide you would like to stop receiving BostonAsapCoach Alerts, you can opt-out by replying to any SMS text you receive with the word STOP from your mobile phone. You can also opt-out by visiting the account settings options of your passenger profile, accessible at Client Web Site and changing your notification preferences.

After doing so, you will receive confirmation of yours opt-out and you will no longer receive any BostonAsapCoach Alerts messages, unless you choose to opt-in or subscribe again.

COST / PRICING

Although BostonAsapCoach Alerts are complimentary depending on your text plan, you may be charged by your carrier.

Message and Data Rates May Apply.

SUPPORT

To get help, you can request our contact information from your mobile phone at any time by texting the word SUPPORT to the number that sent you the original SMS message, or by contacting us directly by email info@bostonasapcoach.com

By participating in the Service, you certify that you are over 18 years of age and either: (a) you are the mobile account holder, or (b) you have the mobile account holder’s permission to do so.

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