Thank you for choosing Top VIP Transportation.
If you have already received a confirmation message from Top
VIP Transportation, please review your travel information
for accuracy. The following are the terms and conditions of
our services:
RATE ESTIMATE: The rate presented to you prior to your trip
is an initial estimate of the cost of service as reserved.
Wait time or additional services may change your rate.
Rates are based on hourly OR mileage/kilometers charges,
whichever rate is greater, from the time the vehicle leaves
its home garage until it returns to its home garage.
ADDITIONAL CHARGES: Tolls, parking, phone usage and other
surcharges that cannot be calculated prior to service are
not included in the estimate. Surface Transportation Charge
(STC) is a surcharge based upon various overhead expenses,
some of which may not relate to your specific trip. The STC
is not necessarily charged to all customers and it is ordinarily
calculated as a flat percentage of your base charge, and may
vary subject to level of usage.
CANCELLATION AND CHANGES: To change or cancel a reservation,
please call (818)-547-3522. Cancellations must be received
at least 4 hours in advance of the service pick-up time for
most U.S. locations. For all reservations, please check your
confirmation for the specific cancellation policy, which is
determined by your city of service and vehicle type. A charge
will apply for a late cancellation. Please retain your cancellation
number.
If you experience difficulty locating your chauffeur, please
call the telephone number listed on your confirmation message
next to your reservation number. Leaving your pick-up location
without notifying Top VIP Transportation may result in a "no-show"
charge.
Your use of Top VIP Transportation's services indicates your
acceptance of these Terms and Conditions.
Top VIP Transportation International Web Site Terms of Use:
- Acceptance. Use of the Top VIP Transportation International
("Top VIP Transportation") web site at topviptransportation.com
(collectively, the "Web Site") and the on-line
reservation services (the "Services") provided
by Top VIP Transportation are subject to the terms and conditions
of use set forth below ("Terms of Use"), which
include the Privacy Policy set forth in our online privacy
policy and incorporated into these Terms of Use by reference.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE
WEB SITE OR THE SERVICES. BY USING THE WEB SITE OR THE SERVICES,
YOU AGREE TO THESE TERMS OF USE. IF AN INDIVIDUAL IS USING
THE WEB SITE ON BEHALF OF A BUSINESS ENTITY, WHETHER AS
AN EMPLOYEE, CONSULTANT OR AGENT 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 WEB SITE ON BEHALF OF A BUSINESS
ENTITY, IF ANY, AND ANY SUCH BUSINESS ENTITY ITSELF. IF
YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE
THE WEB SITE OR THE SERVICES. TOP VIP TRANSPORTATION 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 WEB SITE AFTER SUCH CHANGES
HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH
CHANGES.
- Use of the Web Site and the Services. You may only use
the Web Site and the Services 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 Web Site for any unlawful acts including to: (a)
transmit any material that infringes or misappropriates
any third party's copyright, trademark, trade secret, patent,
or other proprietary rights, (b) transmit any material that
is false, inaccurate, fraudulent, or misleading, (c) distribute
computer viruses, worms, or software intended to damage
or alter a computer system without the owner's consent,
(d) use "auto-responders," "cancel-bots,"
or other similar mechanisms that generate excessive network
traffic, (e) transmit any unlawful, harmful, defamatory,
pornographic, obscene, vulgar, threatening, harassing or
otherwise objectionable material, (f) send or relay any
unsolicited advertising or chain letters, (g) exceed your
permitted access or attempt to gain unauthorized access
to the Web Site or any part thereof, or other accounts,
computer systems or networks connected to the Web Site,
through login password mining or any other means, (h) frame
any portions of the Web Site within another web site or
establish links from any other web site to any page of the
Web Site other than the home page or (i) resell use of,
or access to, the Web Site or the Services to any third
party without Top VIP Transportations prior written consent.
Top VIP Transportation reserves the right to terminate your
access to the Web Site or Services at any time without notice
if it determines, in its sole discretion, that you have
abused or violated any of these terms and conditions.
- ID Number, Password and Security. You are responsible
for maintaining the confidentiality of any user ID and/or
password provided to you by Top VIP Transportation for use
in connection with the Web Site or the Services. You are
solely responsible for all activities that occur under your
user ID and/or password, and you agree to notify Top VIP
Transportation immediately of any unauthorized use of your
user ID and/or password or any other breach of security
related to the Web Site. TOP VIP TRANSPORTATION 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. Top VIP Transportations provision to you of
the Services may be subject to other terms, conditions and
restrictions set forth on the Web Site or otherwise communicated
in writing to you by Top VIP Transportation, including via
email. The Services are subject to availability and all
price quotes are estimates.
- Proprietary Rights. The Web Site, 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) by Top VIP Transportation
International and its licensors. You agree that you will
not copy, distribute, republish, display, post, transmit,
download, or modify any content you obtain from the Web
Site without Top VIP Transportation's prior permission;
provided, however, that you may download or print a copy
of information from the Web for your use in learning about,
reserving, or using the services.
- Warranty Disclaimer. THE WEB SITE, THE SERVICES, AND ANY
INFORMATION PROVIDED THROUGH THE WEB SITE ARE PROVIDED BY
TOP VIP TRANSPORTATION ON AN "AS IS" BASIS, AND
NEITHER TOP VIP TRANSPORTATION NOR ITS SUBSIDIARIES, PARTNERS,
AFFILIATES, VENDORS OR SUBCONTRACTORS MAKE ANY REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE WEB SITE OR SERVICES OR THE INFORMATION
MADE AVAILABLE BY OR THROUGH THE WEB SITE OR THE SERVICES.
IN ADDITION, TOP VIP TRANSPORTATION 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
TOP VIP TRANSPORTATION NOR ANY OF ITS SUBSIDIARIES, PARTNERS,
AFFILIATES, VENDORS OR SUBCONTRACTORS WARRANTS THAT USE
OF THE WEB SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY
TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE IS
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 TOP VIP TRANSPORTATION,
ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR
SUBCONTRACTORS, 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 WEB SITE, THE SERVICES, OR ANY WEBSITES LINKED
TO THE WEB SITE, WHETHER BASED ON CONTRACT, TORT OR OTHER
LEGAL THEORY, AND REGARDLESS OF WHETHER TOP VIP TRANSPORTATION
KNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TOP VIP TRANSPORTATION'S AGGREGATE LIABLITY FOR DIRECT DAMAGES
ARISING FROM OR RELATING TO THE WEB SITE OR THE SERVICES
(REGARDLESS OF THE CAUSE OF ACTION, WHETHER UNDER CONTRACT,
TORT, OR OTHER LEGAL THEORY) IS LIMITED TO THE GREATER OF
(i) THE AMOUNT PAID BY THE USER TO TOP VIP TRANSPORTATION
FOR THE SPECIFIC SERVICE THAT IS THE SUBJECT OF THE DISPUTE
OR (ii) $50. THE FOREGOING LIMITATIONS OF LIABILITY ARE
INDEPENDENT OF, AND SHALL APPLY REGARDLESS OF, ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY.
You acknowledge that Top VIP Transportation has agreed to
provide the Web Site and the Services 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 the above limitation
may not apply to you.
- Indemnification. You agree to indemnify and hold Top VIP
Transportation, its subsidiaries, partners, affiliates,
vendors, subcontractors, officers, employees, and agents
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 Web Site, the Services or your violation of the Terms
of Use.
- Communications with Top VIP Transportation. Any 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, non-confidential 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.
- Privacy. Top VIP Transportation 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.
- 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.
- Waiver; Remedies. The failure of Top VIP Transportation
to partially or fully exercise any rights or the waiver
of Top VIP Transportation of any breach of these Terms of
Use by you, shall not prevent a subsequent exercise of such
right by Top VIP Transportation or be deemed a waiver by
Top VIP Transportation of any subsequent breach by you of
the same or any other term of these Terms of Use. The rights
and remedies of Top VIP Transportation under these Terms
of Use and any other applicable agreement between you and
Top VIP Transportation shall be cumulative, and the exercise
of any such right or remedy shall not limit Top VIP Transportation's
right to exercise any other right or remedy.
- International Access. This Web Site and Service is provided
from the United States of America and all servers that make
it available reside in the U.S.A. The laws of other countries
may differ regarding the access and use of the Web Site
and Service. We make no representations regarding the legality
of this Web Site and Service in any other country and it
is your responsibility to ensure that your use complies
with all applicable laws outside of the U.S.A.
- 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 California in Los
Angeles County in accordance with the commercial rules of
the American Arbitration Association ("AAA") then
in effect. The arbitration panel shall consist of one (1)
neutral arbitrator if the amount in controversy in less
than $25,000, otherwise the panel shall consist of three
(3) neutral arbitrators, each an attorney with at least
five (5) years of experience in the primary area of law
as to which the dispute relates. 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 Top VIP Transportations
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 Web Site
and Service.
- Governing Law. The laws of the State of California 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 LOS ANGELES COUNTY, FOR
ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE
OR YOUR ACCESS OR USE OF THE WEB SITE OR SERVICE.
- Force Majeure. Top VIP Transportation 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
Web Site or Services, 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 Top VIP Transportation.
- Entire Agreement. These Terms of Use and the other policies
and terms set forth on the Web Site set forth the entire
agreement between you and Top VIP Transportation on this
subject matter and supersede all other negotiations, understandings,
statements and agreements between the parties.
- Questions. Should you have any questions regarding these
Terms of Use you may contact us at .
Notwithstanding the foregoing, Top VIP Transportation is
under no obligation to provide end-user technical support
for the Service.
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