Luxury Trans – Terms & Conditions

Last Updated: September 23, 2022

Welcome to Luxury Trans! These terms of service form a legally binding agreement (the “Agreement”) between you and Car Source, LLC, the proud owner of Luxury Trans (“Luxury Trans,” “we,” “us,” or “our”). This Agreement governs your use of the Luxury Trans Mobile App, website, and technology platform, collectively referred to as the “Luxury Trans Platform (Using Limo Anywhere System).”

Important Note: The Agreement includes specific provisions detailing how claims between you and Luxury Trans are handled (refer to the Section below).

These provisions generally mandate that any claims you may have against Luxury Trans be resolved through binding and final arbitration on an individual basis. This excludes participation as a plaintiff or class member in any class, group, or representative action or proceeding. If you are a Driver or a Driver applicant, there is an opportunity to opt-out of arbitration for certain claims, as outlined in Section . By entering into this Agreement, or by using/accessing the Luxury Trans platform, you explicitly acknowledge your understanding and acceptance of all its terms, including the dispute resolution and arbitration provisions in Section . If you disagree with the terms and conditions of this Agreement, please refrain from using or accessing the Luxury Trans Platform. Should you utilize Luxury Trans’s services or its affiliates in another country, your usage in that country subjects you to the specific terms of service for that location.

The Luxury Trans Platform

The Luxury Trans Platform serves as a marketplace connecting individuals seeking transportation to specific destinations (“Riders”) with designated individuals assigned to this task (“Drivers”). Users, encompassing both Drivers and Riders, are individuals who create User accounts enabling access to the Luxury Trans Platform. Each person is allowed to create only one User account, and Luxury Trans retains the right to deactivate any additional accounts. As a User, you grant Luxury Trans the authority to dispatch you with a Driver or Rider based on factors such as location, estimated pickup time, destination, user preferences, and platform efficiency. Luxury Trans also retains the right to cancel an existing match and initiate a rematch based on similar considerations.

For the purpose of this Agreement, the driving services provided by Drivers to Riders, facilitated through the Platform, are collectively termed as the “Services.”

Decisions to offer or accept Services by a User are made at the sole discretion of that User. Each transportation Service rendered by a Driver to a Rider constitutes a distinct agreement between these individuals.

Should Luxury Trans modify the terms and conditions of this Agreement, such modifications become binding only upon your acceptance of the altered Agreement.

Luxury Trans maintains the right to adjust any information linked within this Agreement periodically, with such adjustments taking effect upon posting. Your continued use of the Luxury Trans Platform or Services following any changes implies your consent to these modifications. Unless significant changes are made to the arbitration provisions outlined herein, you acknowledge that modifying this Agreement does not provide a renewed opportunity to opt-out of arbitration (if applicable).

ELIGIBILITY

The Luxury Trans Platform is exclusively accessible to individuals capable of forming legally binding contracts under applicable law. It is not intended for use by children (individuals under the age of 18) or Users whose User accounts have been temporarily or permanently deactivated. By opting to become a User, you assert and guarantee that you are at least 18 years old and possess the right, authority, and capacity to enter into and comply with the terms and conditions of this Agreement. Your User account is non-transferable, and you acknowledge that you are the sole authorized user of your account.

CHARGES

As a Rider, you acknowledge that requesting or using the Services may result in charges (“Charges”). These Charges encompass flat fares calculated by the system based on the distance between pickup and drop-off locations, along with additional applicable fees, tolls (in certain cases where the system doesn’t generate toll fees), surcharges, a 20% gratuity, and taxes, as specified on your market’s Luxury Trans. Any extra tips you choose to pay to the Driver are also included.

Luxury Trans holds the authority and retains the right to ascertain and adjust pricing by publishing relevant pricing terms on your market’s Luxury Trans web page or providing a price quote for a specific ride when you make a request. Pricing variations may arise based on the type of service you request (e.g., Luxury Trans Sedan, Luxury Trans SUV, etc.), as outlined on your market’s Luxury Trans web page. It is your responsibility to review the applicable Luxury Trans web page or price quote within the Luxury Trans app or online platform and assume responsibility for all Charges incurred under your User account, irrespective of your awareness of such Charges or their amounts. Two types of fares, variable and quoted, apply:

  • Variable Fares: These consist of a base charge and incremental charges based on the duration and distance of your ride. Minimum fares may apply for particularly short rides. GPS data from your Driver’s phone or the vehicle fleet GPS system is used to calculate the distance traveled, with the caveat that the availability or accuracy of GPS data cannot be guaranteed.
  • Quoted Fares: Luxury Trans may provide you with a Fare quote at the time of your request, subject to change until the ride request is confirmed. Changes to your destination during the ride, making multiple stops, or attempting to abuse the Luxury Trans Platform may result in the cancellation of the fare quote, with subsequent charges based on the time and distance of your ride.

FARE GUARANTEE DISCLAIMER

Luxury Trans explicitly does not guarantee that the quoted fare price will be identical to a variable fare for the same ride.

ADDITIONAL CHARGES

• Service Fee: A “Service Fee” may be applied to each ride, and the details can be found on the relevant Luxury Trans web page.

• Prime Time: During peak demand periods, known as “Prime Time,” Charges may significantly increase. For variable fare rides, we will make reasonable efforts to communicate any Prime Time multipliers in effect when you make your request. Quoted fares may already include the Prime Time multiplier.

• Cancellation Fee: If you decide to cancel a requested ride, please note that a cancellation fee may apply in certain situations. Additionally, if you fail to show up after requesting a ride, you may incur charges.

CANCELLATION POLICY

If you need to cancel a ride, we encourage you to do so at least hours before the scheduled pickup time. You can cancel through our customer service, via email, or directly within the system. Cancelling within hours of the pickup time may result in cancellation fees, which will be charged to your main payment method. These fees compensate the driver for their time, fuel, and other associated costs.

For specific rides, a cancellation fee or penalty may apply, and it is important to note that $5 voucher fees and $25 (cancellation fees) are non-refundable. In some cases, particularly when using specialty vehicles (such as limos, vans, custom vehicles, SUV limos, etc.), the standard cancellation fee policy may not be applicable. Cancellation fees for these cases will be assessed on a case-by-case basis, and any collected balance may be nonrefundable.

CANCELLATION FEES AND NO-SHOW POLICY

After confirming a reservation, you may be liable for cancellation fees, including a $25 fee plus $5 voucher fees. The cancellation fees vary depending on the cancellation time, ranging from $25 to 100% of the flat rate based on the cancellation time.

No-show fees may apply under the following circumstances:

  • Your driver arrived to pick you up.
  • Your driver waited for 20 minutes or more.
  • You contacted the driver or the driver attempted to contact you.

In the case of a no-show, 100% of the flat rate will be collected from the main payment method (credit card on file).

AIRPORT PICKUP INSTRUCTIONS

Providing us with your flight information allows Luxury Trans to track the incoming flight, initiating the pickup based on the actual arrival time rather than the time provided during the booking. We continuously track incoming flights, and the system updates the actual pickup time accordingly.

As a courtesy, international travelers receive 60 minutes of free waiting time, and domestic flights receive 30 minutes. After the provided free waiting time, the system will begin to count waiting time with fees. The waiting time rate per minute is based on the vehicle type.

AIRPORT PICKUP OPTIONS

Luxury Trans provides two convenient modes of airport pickups to suit your preferences:

  1. Express Pickup: Opt for a swift curbside pickup from the designated airport terminal arrival location. This efficient and seamless experience allows you to get on your way promptly.
  2. Meet & Greet Service: Indulge in luxury with our dedicated greeter team. Choose this option, and a greeter will welcome you inside the terminal with a personalized name sign. Please note that this service incurs a service fee along with parking fees.

HOW TO DISPUTE A FEE

If you believe you were erroneously charged a cancellation fee, please contact us via call or email to explain the situation.

  • Damage Fee: In case a Driver reports significant damage to the vehicle, you agree to a Damage Fee of up to $150 for repair or cleaning, as determined by Luxury Trans.
  • Tolls: Toll fees may apply to your ride. Luxury Trans does not guarantee that the charged amount will match the toll paid by the Driver.
  • Other Charges: Various fees and surcharges may apply, including airport fees, state or local fees, event fees, and processing fees for split payments. Applicable taxes will be collected where required by law.
  • Tips: After your ride, a 20% gratuity of the system-generated miles price or flat rate is applied.
  • STC (Processing Fees): A processing fee of 12% of the total cost, including other charges, is applied.
  • Voucher Surcharge: You have the option to pay a $5 reservation fee for each booking made via the mobile app or platform.
  • Facilitation of Charges: All charges are processed through a third-party payment service. Luxury Trans may change its payment processing services without notice. Cash payments are strictly prohibited.
  • No Refunds: All charges are non-refundable, regardless of your decision to terminate Luxury Trans Platform usage or any disruptions to the service.

COUPONS

  • Coupon Usage: Receive and apply coupons toward specific Charges upon completing a ride. Coupons are exclusive to the Luxury Trans Platform, non-transferable, and not redeemable for cash except as required by law. They cannot be combined, and if your ride cost exceeds the coupon value, the outstanding amount will be charged to your payment method. For quoted or variable fares, the coupon may be applied after deducting the Service Fee, Tolls, or Other Charges.
  • Split Payments with Coupons: If you split payment with another user, the coupon applies only to your share of the Charges. Additional coupon restrictions may apply, communicated through promotions or within the Promotions section of the Luxury Trans App.

CREDIT CARD AUTHORIZATION

Upon adding a new payment method or each ride request, Luxury Trans may seek authorization on your selected payment method to verify, cover the ride cost, and prevent unauthorized activity. This authorization is not a charge but may temporarily reduce your available credit. If the authorization exceeds your account funds, your bank may impose overdraft or NSF charges. Luxury Trans is not responsible for these charges.

For Drivers, payment for services is governed by the Driver Addendum, available in the Driver dashboard upon login. The Driver Addendum is an integral part of the Agreement between you and Luxury Trans.

JETBLACK COMMUNICATIONS

Upon entering this Agreement or using the Platform, you agree to receive communications from Luxury Trans, including emails, text messages, calls, and push notifications. Consent includes texts or calls generated by automatic dialing systems. Communications may pertain to operational matters, updates, promotions, and industry news. Standard text messaging charges from your carrier will apply. You can opt-out of promotional emails by following the unsubscribe options.

Text Message Opt-In & Opt-Out

We only send you text communications or emails if you have opted to receive Luxury Trans emails and/or SMS messages before the online booking or via the phone by the agent. If you no longer want to receive SMS messages, or emails, or want to delete/update your Personal Information, please visit the My Account page or opt-out by following the opt-out or unsubscribe instructions in the message or by Contacting Us.

You can cancel text messages at any time. To stop receiving marketing text messages from Luxury Trans, please reply “STOP” to the Luxury Trans text message. After you send “STOP”, we may send you an additional text message to confirm that you have been unsubscribed. You will no longer receive text messages from that short code, but you may receive text messages if you are subscribed to other text lists. If at any time you have questions about the text messages, text “HELP”. After you send “HELP” we will respond with instructions on how to use our service as well as how to unsubscribe. Please note this preference will only apply to the phone number in receipt of the text. Message and data rates may apply.

Information Use

Your Information encompasses data provided, published, or sent through the Luxury Trans Platform, including profile information. It is stored in the LimoAnywhere system and database. By using Luxury Trans, you grant a non-exclusive, worldwide license for Luxury Trans to use your Information as outlined in the Privacy Policy and this Agreement. You are responsible for accurate and complete Information, and Luxury Trans may rely on its accuracy. While Luxury Trans doesn’t claim ownership, it retains certain rights to use, copy, and distribute your Information. You maintain ownership of your Information and associated intellectual property rights. Creating or logging into your Luxury Trans User account through third-party social networking sites is considered part of your Information.

PROMOTIONS AND REFERRAL PROGRAMS

Luxury Trans, at its discretion, may offer promotions with various features to Users. These promotions don’t impact your Agreement or relationship with Luxury Trans unless specifically offered to you. Luxury Trans may withhold or deduct credits or benefits obtained through promotions if there’s an error, fraud, or a violation of terms.

As a User, you may receive or create a unique alphanumeric code called a “Luxury Trans Code” for promotional distribution to friends and family. These codes are for promotional purposes and must be given away free of charge. Selling, trading, or advertising Luxury Trans Codes on platforms like Google, Facebook, Twitter, Bing, or Craigslist is prohibited. Luxury Trans reserves the right to deactivate or invalidate any Luxury Trans Code at its discretion.

Luxury Trans may introduce incentives, such as Luxury Trans Credits, for referring new Users (Referred Riders or Referred Drivers) as part of the Referral Program. The incentive terms, amounts, and qualifications are subject to Luxury Trans’s sole discretion, and your participation is governed by this Agreement and additional Referral Program rules.

RESTRICTED ACTIVITIES

In utilizing the Luxury Trans Platform and participating in the Services, you agree not to engage in the following activities:

  • Impersonate any person or entity.
  • Stalk, threaten, harass, or carry weapons.
  • Violate any law, statute, rule, permit, ordinance, or regulation.
  • Interfere with or disrupt the Luxury Trans Platform or its connected servers or networks.
  • Post fraudulent, libelous, abusive, obscene, profane, sexually-oriented, harassing, or illegal information or interactions on the Luxury Trans Platform or Services.
  • Infringe on any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
  • Transmit malicious code, files, or programs designed to interrupt, damage, destroy, or limit the functionality of computer software, hardware, or telecommunications equipment.
  • Forge headers or manipulate identifiers to disguise the origin of transmitted information through the Luxury Trans Platform.
  • “Frame” or “mirror” any part of the Luxury Trans Platform without prior written authorization, or use meta tags or code containing any reference to Luxury Trans to direct users to other websites.
  • Modify, adapt, translate, reverse engineer, decipher, decompile, or disassemble any portion of the Luxury Trans Platform or its software.
  • Rent, lease, lend, sell, redistribute, license, sublicense, or otherwise transfer access to the Luxury Trans Platform.
  • Use any robot, spider, site search/retrieval application, or other automatic or manual device or process to retrieve, index, scrape, “data mine,” or reproduce the navigational structure or presentation of the Luxury Trans Platform.
  • Directly or indirectly link to any other websites.
  • Transfer or sell your User account, password, and/or identification to any other party.
  • Discriminate against or harass anyone based on race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation.
  • Induce any third party to engage in the restricted activities mentioned above.

Driver Representations, Warranties, and Agreements

As a Driver providing services on the Luxury Trans Platform, you affirm, guarantee, and consent to the following:

  1. Valid License and Authorization:
    • You possess a valid driver’s license, are medically fit to operate a motor vehicle, and hold all necessary licenses and approvals to provide transportation in all relevant jurisdictions.
  2. Vehicle Ownership and Compliance:
    • You own or have legal permission to operate the vehicle used for services.
    • The vehicle is in good operating condition, adheres to industry safety standards, and complies with statutory and state motor vehicle requirements.
  3. Safe Driving Practices:
    • You commit to safe driving practices, avoiding reckless behavior, driving under the influence, or operating an unsafe vehicle.
    • You will not transport more passengers than the vehicle’s capacity allows.
  4. Platform-Approved Vehicle Usage:
    • You will only use a Luxury Trans-approved vehicle for services, with photographic documentation provided to Luxury Trans.
  5. Non-Taxi Service Agreement:
    • You will not operate as a public or common carrier or taxi service.
    • Street hails, cash payments, or the use of credit card readers for payment are not allowed.
  6. Fraud Prevention:
    • You will not engage in fraudulent activities, and Luxury Trans reserves the right to withhold payments in case of suspected fraud.
  7. Accommodations and Service Animals:
    • You will make reasonable accommodations for Riders and service animals as required by law and Luxury Trans’s Service Animal Policy.
  8. Background Checks:
    • Luxury Trans may obtain information about your criminal and driving records, and you agree to provide necessary authorizations for such record access.
  9. Liability Insurance:
    • You maintain a valid liability insurance policy with coverage meeting legal requirements for the operation of your vehicle.
  10. Tax Compliance:
    • You will pay all applicable federal, state, and local taxes based on your service provision and received payments.

By agreeing to these terms, you acknowledge and commit to upholding these standards while providing services on the Luxury Trans Platform.

INTELLECTUAL PROPERTY

All intellectual property rights associated with the Luxury Trans Platform are the exclusive and absolute property of Luxury Trans, encompassing database rights, copyright, design rights, trademarks, and related rights worldwide. This includes the right to seek protection for these rights. Any trademarks, logos, service marks, or names belonging to other entities mentioned in the Luxury Trans Platform remain the property of their respective owners.

Any information, suggestions, feedback, or submissions provided by you to Luxury Trans are deemed non-confidential and become the sole property of Luxury Trans. Luxury Trans holds exclusive rights, including intellectual property rights, and can use, disseminate, or commercialize these submissions without acknowledgment or compensation to you.

The Luxury Trans Marks, including logos, designs, graphics, icons, scripts, and service names, are registered trademarks or trade dress of Luxury Trans. If you provide services as a Driver, Luxury Trans grants you a limited, revocable, non-exclusive license to display and use the Luxury Trans Marks solely for providing services through the Luxury Trans Platform. This license is non-transferable and subject to compliance with the terms outlined in the Agreement. Unauthorized use of the Luxury Trans Marks may result in the termination of the license.

You acknowledge that Car Source LLC is the owner and licensor of the Luxury Trans Marks, and your use does not confer any additional ownership interest. Usage must adhere to Luxury Trans’s Trademark Usage Guidelines, subject to revisions. You agree not to:

  • Create materials using the Luxury Trans Marks without written approval.
  • Use the Luxury Trans Marks in a way that impairs their validity.
  • Challenge Luxury Trans’s ownership or apply for trademark registration.
  • Use the Luxury Trans Marks in violation of laws or regulations.

Violation may lead to license termination. If you create materials using the Luxury Trans Marks, Luxury Trans exclusively owns all rights, and you agree to assign any interest to Luxury Trans. Luxury Trans respects intellectual property and expects Users to do the same. If you believe materials on the Luxury Trans Platform infringe your copyrights, please report them.

Disclaimer: Luxury Trans does not provide transportation services and is not a transportation carrier. It is not a common or public carrier. This disclaimer applies to Luxury Trans, its affiliates, subsidiaries, parents, successors, assignees, officers, directors, employees, agents, and shareholders.

DISCLAIMER OF WARRANTIES

The decision to offer or accept a ride through the Luxury Trans Platform is at the discretion of the Driver and Rider. Luxury Trans cannot guarantee the completion of arranged transportation services or control the quality and safety of the transportation provided.

The Luxury Trans Platform, provided by Limo Anywhere, is offered on an “as is” basis without any warranty, express, implied, or statutory. Luxury Trans does not guarantee specific results from using the Luxury Trans Platform or Services, including the ability to provide or receive services at a particular location or time.

To the fullest extent permitted by law, Luxury Trans disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Some states may not allow the disclaimer of implied warranties, so this disclaimer may not apply to you. Additional terms and conditions related to Limo Anywhere can be found here.

Luxury Trans does not warrant that the use of the Luxury Trans Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free. We do not guarantee the correction of defects in the Luxury Trans Platform or that it is free of viruses or harmful components. Luxury Trans disclaims liability for connectivity and availability of the Luxury Trans Platform or Services.

Luxury Trans cannot guarantee the identity of each Rider and advises using common sense, including verifying the photos of matched Drivers or Riders to ensure they match in person. Risks associated with underage persons or false pretenses are acknowledged, and Luxury Trans does not accept responsibility for the use of the Luxury Trans Platform by individuals under the age of 18.

USER RESPONSIBILITIES AND DISCLAIMERS

  • User Conduct and Interaction: Users are encouraged to communicate directly before engaging in transportation services. Luxury Trans is not responsible for the conduct of any user, online or offline. Users are solely responsible for their interactions.
  • Belongings in Vehicles: Luxury Trans is not responsible for personal belongings left in vehicles by Drivers or Riders. Users agree to accept such risks, and Luxury Trans disclaims responsibility for user acts or omissions.
  • User Account Security: Users are responsible for their account use, and Luxury Trans disclaims liability for unauthorized use. Users must report any suspected unauthorized use promptly.
  • Information Sharing Risks: Information shared on the platform may be used to harass or harm users. Luxury Trans disclaims responsibility for the use of disclosed personal information by other users.
  • Third-Party Content: Opinions, advice, or content not directly from Luxury Trans are the views of respective authors and should not be solely relied upon. Luxury Trans is not responsible for third-party content accuracy.
  • Monitoring and Removal: Luxury Trans reserves the right, but not the obligation, to monitor and remove material violating the law, this agreement, or offensive content that may threaten user safety.
  • Location Data Disclaimer: Location data provided by the platform is for basic purposes only. Luxury Trans does not guarantee its accuracy, completeness, or reliability in situations requiring precise location information.
  • Data Usage and Costs: Users are advised to use the platform with a data plan with unlimited or high limits. Luxury Trans is not responsible for fees, costs, or overage charges associated with data plans.
  • Apple App Store Terms: For versions acquired from the Apple App Store, Apple is not a party to this agreement. Luxury Trans, not Apple, is solely responsible. Apple and its subsidiaries are third-party beneficiaries.
  • Google Maps Navigation: Drivers using “Luxury Trans Navigation built by Google Maps via Limo Anywhere system” agree to Google collecting location data for service improvement. Google’s terms and privacy policy apply to this usage.

STATE AND LOCAL DISCLOSURES

Certain jurisdictions may necessitate additional disclosures. Refer to local jurisdiction disclosures for more information.

INDEMNITY

  • Users must defend, indemnify, and hold Luxury Trans harmless from claims, losses, and expenses arising from use of the platform.
  • Indemnification includes breaches, violations of laws or third-party rights, and any actions related to user-provided materials.
  • Applicable without regard to the negligence of any party.

LIMITATION OF LIABILITY

  • Luxury Trans, including affiliates and representatives, is not liable for incidental, consequential, or indirect damages.
  • Disclaims responsibility for transportation, goods, or services provided by third-party providers.
  • Some jurisdictions may not allow certain damage exclusions; additional rights may apply.

TERM AND TERMINATION

  • Agreement is effective upon user account creation.
  • Termination may occur with or without cause, with notice periods specified.
  • Luxury Trans may terminate immediately for safety concerns, falling below star rating, or other specified reasons.
  • Certain sections survive termination.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

  • Users and Luxury Trans agree to resolve disputes through binding arbitration.
  • Applies to all claims, excluding class actions; individual arbitration is required.
  • Covers disputes related to the Agreement, services, relationship with Luxury Trans, and more.
  • Excludes certain claims specified in the agreement.
  • Waives the right to sue in court or have a jury trial for covered claims.
  • Arbitration governed by the Federal Arbitration Act, and the agreement survives termination.

(b) PROHIBITION OF CLASS ACTIONS AND NON-INDIVIDUALIZED RELIEF

  • Users and Luxury Trans agree to resolve claims through arbitration on an individual basis, waiving the right to pursue claims as part of a class or collective action.
  • The arbitrator has no authority to address claims on a class, collective, or representative basis.
  • The arbitrator may only grant declaratory or injunctive relief to the individual seeking relief and only to the extent necessary for the individual’s claims.
  • Disputes about the enforceability of the Class Action Waiver may be resolved by a civil court.
  • If a final judicial determination deems the Class Action Waiver unenforceable as to certain claims, those claims may be brought in a civil court, but the Class Action Waiver remains enforceable for all other claims.

(c) REPRESENTATIVE PAGA WAIVER

  • Users and Luxury Trans agree not to bring representative actions under the Private Attorneys General Act of California Labor Code § for any claim, and such disputes will be resolved in arbitration on an individual basis.
  • A representative PAGA action may not be used to resolve claims or rights of other individuals collectively.
  • Disputes regarding the enforceability of the representative PAGA Waiver may be resolved by a civil court.
  • If the representative PAGA Waiver is found unenforceable, the unenforceable provision is severed from the agreement, leaving the requirement for individual arbitration intact.
  • Representative PAGA or other similar claims must be litigated in a civil court if the court determines the representative PAGA Waiver is unenforceable with respect to those claims.
  • Litigation of such claims is stayed pending the outcome of any individual claims in arbitration.

(d) RULES GOVERNING THE ARBITRATION

  • Arbitration, administered by the American Arbitration Association (AAA), follows its Consumer Arbitration Rules with modifications outlined in this Agreement.
  • The arbitrator may choose a different set of AAA Rules if requested by the User, but cannot consolidate claims or preside over a representative proceeding.
  • Both parties have the opportunity for reasonable discovery of non-privileged information relevant to the claim.
  • The arbitrator may award individualized remedies available in court, providing a reasoned written statement explaining the decision.
  • The arbitrator decides claims in accordance with applicable law, honors privileges recognized by law, and is bound by prior rulings involving the same User or Driver.

(e) ARBITRATION FEES AND AWARDS

  • Arbitration fees follow AAA Rules with modifications:
    • If the User initiates arbitration, Luxury Trans reimburses the filing fee if it exceeds $[amount], unless the arbitrator deems the claim frivolous.
    • If Luxury Trans initiates arbitration, Luxury Trans pays all AAA filing and arbitration fees.
    • For certain Driver Claims, Luxury Trans covers unique arbitration costs, but the User may contribute a filing fee amount as specified.
    • Each party bears its attorneys’ fees and costs not unique to arbitration.
    • The arbitrator may award reasonable fees and costs to the prevailing party.

(f) LOCATION AND MANNER OF ARBITRATION

  • Arbitration hearings occur in the county of the User’s billing address for Rider claims and the county where the Driver provides services for Driver claims.
  • If AAA arbitration is unavailable in the User’s county, hearings will be held in the nearest available AAA location.
  • For claims $[amount] or less, the User may choose arbitration based on documents, telephonic or in-person hearings.
  • If the claim exceeds $[amount], the right to a hearing is determined by AAA Rules.

(g) EXCEPTIONS TO ARBITRATION

This Arbitration Agreement does not compel arbitration for the following claims:

  • Small claims actions within the jurisdiction of a small claims court, brought individually.
  • Representative actions under PAGA or similar private attorneys general acts, where the representative PAGA Waiver is deemed unenforceable by a court not preempted by the FAA.
  • Claims for workers’ compensation, state disability insurance, and unemployment insurance benefits.
  • Claims exempted from arbitration under generally applicable law not preempted by the FAA.

Users are not prohibited from reporting or filing claims with various government agencies. Participating in an investigation by a government agency is allowed, and making an administrative claim before an agency is not precluded. However, if an administrative claim is made, only money damages under this Arbitration Provision are permissible, and the right to seek or recover money damages via any administrative complaint is waived, except for complaints issued by the NLRB.

(h) SEVERABILITY

In addition to the severability provisions in subsection (c) above, if any part of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, that specific provision shall be severed, and the remaining portions of the Arbitration Agreement shall remain in full force and effect.

(i) DRIVER CLAIMS IN PENDING SETTLEMENT

If a User is a member of a putative class in a lawsuit involving Driver Claims with a Motion for Preliminary Approval of a Settlement filed before this Agreement’s effective date, this Arbitration Agreement does not apply to Driver Claims in that class action. The Driver Claims continue to be governed by the arbitration provisions in the applicable Agreement accepted prior to this Agreement’s effective date.

(j) OPTING OUT OF ARBITRATION FOR DRIVER CLAIMS

Drivers or Driver applicants may opt-out of the arbitration requirement for Driver Claims, as defined in Section (except as limited by Section (i) above), under specific conditions. To be effective:

  • The writing must clearly express the intent to opt-out.
  • The writing must include the name, phone number, and email associated with the User Account.
  • The signed writing must be sent within [number] days from the date this Agreement is executed.

Failure to opt-out within the specified period binds both the User and Luxury Trans to the terms of this Arbitration Agreement. Any opt-out does not apply to Driver Claims in a Pending Settlement Action, which remains governed by the prior arbitration provisions.

(k) OPTIONAL PRE-ARBITRATION NEGOTIATION PROCESS

Before initiating arbitration or any proceeding, the parties may agree to an informal negotiation for [number] days, extendable by mutual agreement. The initiating party must send a written Notice describing the dispute, basis of the claim, and relief sought. The negotiation process maintains confidentiality for all communications and offers made during negotiation.

(l) CONFIDENTIALITY

You are bound not to use any confidential information regarding Luxury Trans’s business, operations, and properties, as well as any User information provided in connection with the Platform, for purposes other than outlined in this Agreement. This includes information such as User names, pick-up locations, contact details, and photos (“Confidential Information”). Disclosure of any Confidential Information to third parties is strictly prohibited.

You commit to taking reasonable measures to maintain the secrecy of Luxury Trans’s Confidential Information, preventing its disclosure or use that could lead to it becoming public knowledge. Exceptions to this obligation include situations where the information: was public knowledge or entered the public domain without your fault; was already known to you without restrictions at the time of disclosure; is disclosed with prior written approval from Luxury Trans; becomes known to you from a source other than Luxury Trans without a breach of this Agreement; or is disclosed pursuant to a court, administrative agency, or governmental body order, provided prompt notice is given to Luxury Trans to seek protective measures.

(m) RELATIONSHIP WITH JETBLACK

As a Driver on the Luxury Trans Platform, you acknowledge an independent contractor relationship between you and Luxury Trans. This Agreement does not establish an employment relationship, joint venture, franchisor-franchisee, partnership, or agency relationship between you and Luxury Trans. You lack the authority to bind Luxury Trans, and you agree not to represent yourself as an employee, agent, or authorized representative of Luxury Trans.

Luxury Trans does not exercise direction or control over you in general or specifically regarding your Services, acts or omissions, or vehicle operation and maintenance. You have the sole right to determine when, where, and how long you use the Luxury Trans Platform. You can accept, decline, or ignore Rider requests or cancel accepted requests, subject to Luxury Trans’s cancellation policies.

Except for legal requirements, you are not obliged to display Luxury Trans’s names, logos, or colors on your vehicle or wear a uniform displaying Luxury Trans’s branding. You have complete discretion in providing Services or engaging in other business or employment activities.

(n) OTHER SERVICES

The Luxury Trans Platform may facilitate Users in obtaining or providing goods or services from third parties, termed “Other Services.” Users can order deliveries, purchase digital items, request carpool rides, or connect with local transportation platforms when traveling outside the United States. Other Services are subject to third-party providers’ terms and pricing.

By purchasing Other Services through the Luxury Trans Platform, you authorize Luxury Trans to charge your payment method according to the third-party provider’s pricing terms. Luxury Trans is not responsible for Other Services or the third-party provider’s actions or omissions, and it cannot be held liable for them.

Luxury Trans does not investigate, monitor, or verify Other Services for accuracy, appropriateness, or completeness, and it bears no responsibility for any Other Services accessed through the Luxury Trans Platform.

(o) GENERAL

This Agreement is governed by the laws of the State of California, without regard to choice of law principles. If any provision becomes invalid or non-binding, the remaining provisions still hold. The parties will replace the invalid provision with valid ones that maintain a similar effect.

Luxury Trans may automatically assign this Agreement at its discretion by providing notice. Notices to Luxury Trans are sent by certified mail to Luxury Trans, Inc., 34 West 34 Street, NY 11101. Notices to you are provided through the Luxury Trans Platform or the email/physical address you provided during registration.

Headings are for reference only and don’t define the scope of any section. The terms “include,” “includes,” and “including” are followed by “without limitation.” Failure to act on a breach doesn’t waive the right to act on subsequent breaches. This Agreement constitutes the entire understanding and agreement between you and Luxury Trans, superseding all previous agreements, oral or written.

(p) PRIVACY POLICY

Luxury Trans values user privacy, as outlined in its Privacy Policy. The Privacy Policy explains the collection, use, and sharing of information from Luxury Trans Users. It includes Riders and Drivers, detailing how information is used to connect riders with drivers and enhance services. The Privacy Policy clarifies the sharing of information within the Luxury Trans community and the scope of its application.

(q) INFORMATION WE COLLECT

A. Information You Provide to Us

1. Registration Information: When you register for a Luxury Trans account, you provide your name, email address, and phone number.

2. User Profile Information: Creating a Luxury Trans Profile is optional, allowing you to share personal details, interests, and mutual friends. Profile information includes your name (and, for Drivers, profile photos). You can control who sees your Profile, and adding a Business Profile requires a designated business email address and payment method.

3. Payment Method: When you add a credit card or payment method, a third party handling payments receives your card information. Full credit card details are not stored on Luxury Trans servers for security reasons.

4. Communications: Direct contact with Luxury Trans, such as reaching out to Customer Support, provides additional information, including your name, email address, phone number, message contents, and attachments.

5. Driver Application Information: For Driver applicants, additional information is collected, including date of birth, physical address, Social Security number, driver’s license details, vehicle information, car insurance information, and in some cases, additional business license or permitting information. This information is shared with partners conducting background checks on Drivers.

6. Payment Information: To ensure Drivers are paid, Luxury Trans retains information about bank routing numbers, tax details, and other payment information provided by Drivers.

B. Information We Collect When You Use the Luxury Trans Platform

1. Location Information: Luxury Trans needs location information to connect Drivers and Riders. The app receives your location when in use, including precise device location when running in the foreground or background. Labeled locations like “home” or “work” are also collected.

2. Device Information: Information received from Users’ devices includes IP address, web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, push notification tokens, and Facebook identifier if registered via Facebook. Mobile sensor data is collected from Drivers’ devices to enhance location accuracy and analyze usage patterns.

3. Usage Information: Automatically collected information about user interactions with the Luxury Trans Platform, including viewed pages, app interactions, and visit dates and times.

4. Call and Text Information: Communication between connected Riders and Drivers is facilitated through a third-party partner. Information about calls and SMS messages, including date, time, phone numbers, and message content, is received. Phone calls may be monitored or recorded for security purposes.

5. User Feedback: Riders and Drivers can rate and review each other after a ride. Information about ratings and reviews is received and shared to ensure a positive experience.

6. Address Book Contacts: If permission is granted, Luxury Trans may access and store names and contact information from your device’s address book for facilitating invitations and social interactions.

7. Information from Cookies and Similar Technologies: Data is collected through cookies, tracking pixels, and similar technologies to understand user navigation, interaction with advertisements, popular content, and preferences. Session and persistent cookies may be used.

Note: Modifying cookie settings in your web browser may impact certain features of the Luxury Trans Platform. Deleting or refusing cookies may result in reduced functionality.

(r) USER PRIVACY

At Luxury Trans, we prioritize user privacy and outline our data collection practices in this privacy policy. We collect information you provide during registration, use of the platform, and interactions with our services. The privacy policy covers various categories of data, such as registration details, user profiles, payment information, communications, driver application details, location information, device information, usage information, call and text details, user feedback, address book contacts, and data from cookies and similar technologies. We strive to ensure transparency in how user data is used to enhance the Luxury Trans experience.

C. Information We Collect from

THIRD PARTIES,

Third-Party Services. If you choose to register for Luxury Trans or otherwise link your Luxury Trans account with a third party’s service (such as Facebook), we may receive the same type of information we collect from you (described above) directly from those services.

Third-Party Partners.,

We may receive additional information about you, such as demographic data, payment information, or fraud detection information, from third-party partners and combine it with other information that we have about you.

Enterprise Programs. If your company, university, or organization participates in one of our enterprise programs such as Luxury Trans for Work, we may receive information about you, such as your email address, from your participating organization.

We also may give your participating organization the opportunity to request a ride on your behalf, in which case they may provide us with your name, phone number, and the pickup and drop-off location for your ride.

BACKGROUND INFORMATION ON DRIVERS.,

Luxury Trans works with third-party partners to perform driving records and criminal background checks on Drivers, and we receive information from them such as publicly available information about a Driver’s driving record or criminal history.

HOW WE USE THE INFORMATION WE COLLECT,

We use the information we collect from all Users to:

• Connect Riders with Drivers;

• Provide, improve, expand, and promote the Luxury Trans Platform;

• Analyze how the Luxury Trans community uses the Luxury Trans Platform;

• Communicate with you, either directly or through one of our partners, including for marketing and promotional purposes;

• Personalize the Luxury Trans experience for you and your friends and contacts;

• Send you text messages and push notifications;

• Facilitate transactions and payments;

• Provide you with customer support;

• Find and prevent fraud; and

• Respond to trust and safety issues that may arise, including auto incidents, disputes between Riders and Drivers, and requests from government authorities.

Additionally, we use the information we collect from Drivers for the following purposes related to driving on the Luxury Trans Platform:

• Sending emails and text messages to Drivers who have started the driver application process regarding the status of their application;

• Determining a Driver’s eligibility to drive for Luxury Trans

• Notifying Drivers about ride demand, pricing, and service updates; and

• Calculating and providing Luxury Trans’s auto insurance policy and analyzing usage patterns for safety and insurance purposes.

How We Share the Information We Collect

A. SHARING BETWEEN USERS

  1. Sharing between Riders and Drivers:
    • Connected Riders and Drivers can view basic information such as names, photos, ratings, and added Profile details.
    • Facebook-connected Users may see mutual friends during the ride.
    • Drivers see the pick-up location, while Riders see a Driver’s vehicle information and real-time location.
    • Riders’ ratings of Drivers are shared on a weekly basis, with de-identified feedback.
    • Actual phone numbers or contact information are not shared between Riders and Drivers.
    • Lost or found item reports may involve sharing relevant contact information with permission.
  2. Sharing between Luxury Trans Riders:
    • Luxury Trans Riders matched with you can see your name, photo, and added Profile information.
    • Mutual friends may be shown for Facebook-connected Users during the matching process.
    • Photos of potential matches may be displayed during the Luxury Trans matching process.

B. SHARING BETWEEN Luxury Trans AND THIRD PARTIES

  1. Connection through Third-Party Services:
    • Information about Luxury Trans Platform use may be shared with third-party services in case of integration.
    • Information sharing with third-party partners may occur to receive additional user information or create relevant offers.
    • Privacy practices of these third parties are subject to their policies.
  2. Service Providers:
    • Third-party service providers assist in performing services for the Luxury Trans Platform.
    • Information may be shared with these service providers to support various aspects of the platform.
  3. Third-Party Services:
    • Users can connect with other websites, products, or services through the Luxury Trans Platform.
    • Information necessary for the service (e.g., food delivery) is shared with the third party providing the service.
    • Privacy policies of these third parties should be reviewed before using their services.
  4. Enterprise Partners:
    • For enterprise program participants, ride details, including date, time, charge, and locations, may be shared with the organization’s account holder.
    • Business Profiles can designate rides as business rides, and information may be shared with the organization.
    • Integration with expense platforms (e.g., Concur) involves sharing ride details with the expense account.

It’s crucial to review the privacy policies of third parties and understand the sharing practices involved in using integrated services and enterprise programs.

INTERNATIONAL PARTNERS

Luxury Trans has established partnerships with various ride-sharing services globally, allowing Riders to find rides when using the Luxury Trans app abroad, and enabling Drivers to offer services to international travelers in the U.S. When a ride is matched with a partner, the same information saved on the Luxury Trans Platform is shared between Riders and Drivers. Note that in some cases, phone numbers may not be masked when calling an international driver, so users should be aware of this before utilizing the feature.

Other Sharing:

  • Information may be shared with third parties in the following scenarios:
    • During negotiations or corporate control changes, such as restructuring, mergers, or asset sales.
    • In response to a government authority request if disclosure is deemed necessary to comply with laws, regulations, or legal processes.
    • With law enforcement officials, government authorities, or third parties if it is believed to be necessary to protect the rights, property, or safety of the Luxury Trans community, Luxury Trans, or the public.
    • To comply with legal requirements or processes, including civil and criminal subpoenas, court orders, or other compulsory disclosures.
    • If a User signed up for a promotion using another User’s referral or promotion code, information may be shared with the referrer to inform them about the redemption or qualification for the promotion.
    • With insurance partners to determine and provide relevant coverage in the event of an incident.
    • To provide information about the use of the Luxury Trans Platform to potential business partners in an aggregated or de-identified form that cannot reasonably be used to identify individuals.
    • Whenever consent is given for sharing.

Users should be aware of and understand the sharing practices outlined, and the circumstances under which information may be disclosed to third parties.

YOUR CHOICES

Email Subscriptions:

  • You have the option to unsubscribe from commercial or promotional emails. However, transactional and relational emails related to your account use of the Luxury Trans Platform will still be sent.

Push Notifications:

  • You can opt-out of receiving push notifications through your device settings. Note that opting out may impact your use of the Luxury Trans Platform, such as receiving notifications about your ride status.

Profile Information:

  • While your name is shared with Drivers and fellow Luxury Trans Line Riders, you can delete additional information in your Profile anytime if you prefer not to share it. Riders will always see Drivers’ names, ratings, profile photos, and vehicle information.

Location Information:

  • Although you can prevent your device from sharing location information, Rider and Driver location is essential for the Luxury Trans Platform to provide services.

Facebook Friends:

  • You can control the enabling or disabling of the Facebook mutual friends feature through your profile settings.

Editing and Accessing Your Information:

  • Certain account information can be reviewed and edited through your account settings and profile. Drivers may edit additional information through the Driver portal.

Account Termination:

  • If you wish to terminate your Luxury Trans account, contact the support team. Terminated accounts may retain information for a specific period, and certain data may be retained for purposes such as fee collection, dispute resolution, fraud prevention, and law enforcement compliance.

OTHER

Data Security:

  • While reasonable precautions are taken to protect Luxury Trans community data, no security measures can be 100% secure, and absolute data security cannot be guaranteed.

Children’s Privacy:

  • Luxury Trans is not directed at children under 13, and personal information is not knowingly collected from them. If such information is discovered, steps will be taken to delete it.

Changes to Privacy Policy:

  • The Privacy Policy may be updated, and material changes will be communicated through the Luxury Trans Platform, email, or other means. Users are encouraged to periodically review the Privacy Policy.

Contact Information:

  • Users can contact Luxury Trans at any time with questions or comments about the Privacy Policy, personal information, usage practices, or consent choices. Contact details are available on the platform.
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