Northwest Yellow LLC.
TERMS AND CONDITIONS OF SERVICE. CANCELLATION POLICY AND LIMITATIONS OF LIABILITY FOR NORTHWEST YELLOW.
STANDARD DISPATCH PROCEDURE:
An Early Morning Trip with a pickup time before 9 a.m. is usually dispatchedby 9 p.m. the preceding day. All other trips are usually dispatched 2 to 4 hours prior to pickup time.
A. RESCHEDULING OF AIRPORT SERVICE is possible at no extra charge, as long as rescheduling is requested before the driver is dispatched (see Standard Dispatch Procedure above).
B. CANCELLATION OF AIRPORT SERVICE:THE FULL FARE will be charged for cancellations in the two following cases:
I. Cancellations after the driver has already been dispatched (see Standard Dispatch Procedure above). II. If the passenger fails to be at the designated pickup location (no-show). If for any reason you cannot locate your chauffeur, call NORTHWEST YELLOW at 1-847-873-4887. To avoid being billed as a no-show, do not leave your location without contacting NORTHWEST YELLOW. You must contact us by phone. $15 Administrative charge for service at ORD, MIDWAY or GENERAL MITCHELLS airports will apply if cancellation is requested before the driver has been dispatched (see Dispatch Procedure above).
C. CANCELLATION OF CHARTERED SERVICE: A minimum of 7 days notice is required for cancellation of all charter arrangements (e.g. weddings, wine tours, point-to-point reservations) to avoid the charge of the full fare plus 20% service charge. A non-refundable 35% deposit is taken on all charters.
Proms: All prom reservations are non-refundable and cannot be cancelled. The full fare will be charged even if the service is not completed at the request of the passenger.
NORTHWEST YELLOW is not responsible for service delayed or not rendered due to Mother Nature or to circumstances beyond our control. NORTHWEST YELLOW does not guarantee vehicle availability or pricing for reservation changes. All prices are subject to change without notice!!! TERMS AND CONDITIONS: The individual responsible for payment ("Customer") understands and agrees that all charges are assessed by NORTHWEST YELLOW. All unpaid deposits and balances are authorized by Customer, with either verbal or signed acceptance of services. Payment is due at the time passenger is dropped off. If for any reason full payment is not made at this time, a late charge of two percent per month will be assessed. If this agreement is referred to an attorney and/or collection agency, Customer agrees to pay all attorney and/or collection fees. If any breakdown occurs, Customer will be refunded the portion of the travel charges that relate solely to the time the vehicle is inoperable. NORTHWEST YELLOW reserves the right to substitute one vehicle for another vehicle providing it is the same or larger size vehicle. All limousines are strictly nonsmoking. NORTHWEST YELLOW will not be responsible for delays due to traffic conditions, accidents, or any other unforeseeable act of God; any resulting lost time will be made up at the end of the scheduled charter. Any downsizing of previously reserved duration of service or vehicle size will not relieve Customer from the responsibility of paying the full amount of the originally scheduled charter. In compliance with CPUC Regulation Section 5348.1 & 5348.3, consumption of alcoholic beverages by passengers less than 21 years of age is prohibited.
The individual responsible for payment ("Customer") and all passengers in Customer's party are expected to conduct themselves in a manner not injurious to themselves, to third parties, or to the hired limousine. There is no smoking in any NORTHWEST YELLOW vehicle. Any passenger found smoking in the vehicle will be asked to extinguish the cigar/cigarette, and Customer will be subject to a $100 charge for each incident. In the event of any physical damage to the limousine caused by Customer or any passenger, there will be a minimum additional charge of $300.00 for the repair and/or cleaning of the limousine. This includes anyone getting sick in the limousine. Decision as to the unusual use or wear of the vehicle rests with NORTHWEST YELLOW solely, and its experience as to the general use of hired limousines. Customer is fully responsible for the repair and/or replacement of any part of the vehicle harmed by any passenger. Emerging from the sun roof while the vehicle is in operation is prohibited. If passengers are minors, the sun roof will remain locked closed, the dividers will remain locked open, and a phone number of a parent of one of the passengers must be given to the driver prior to the ride. If at any time the service is terminated due to unruly conduct, damages to the vehicle, or abuse of any kind that NORTHWEST YELLOW deems valid, no refund of money will be made. NORTHWEST YELLOW reserves the right to refuse service as it deems appropriate.
All charters require our service agreement to be signed and given to the driver beforehand. LIMITATIONS OF LIABILITY: NORTHWEST YELLOW is not responsible for:
In no event shall NORTHWEST YELLOW or any of its affiliates, or any of their officers, directors, employees, agents, representatives, information providers or licensors be liable for any direct, indirect, incidental, special, consequential, punitive or other damages (regardless of the form of action) arising out of (I) use of the service by any person, including but not limited to any damage caused by any reliance on, or any delays, inaccuracies, errors or omissions in, any information and content accessed over the service, (ii) any use or inability to use the service for whatever reason, including but not limited to communications failure or any other failure with transmission or delivery of any information accessed through the service, or (iii) any goods or services discussed, purchased or obtained, directly or indirectly, through the service, in each case even if advised of the possibility of such damages.
This Agreement shall be governed by and construed in accordance with the laws of the State of California and the Federal Arbitration Act, without giving effect to any principles of conflicts of laws, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in San Mateo County, California.
You and NORTHWEST YELLOW agree that any and all disputes and claims relating in any way to this Agreement (including the arbitration of any claim or dispute and the enforceability of this paragraph), with the exception set forth in the next paragraph, shall be submitted to and resolved by means of confidential arbitration conducted in the State of Illinois, Kane County. If you and NORTHWEST YELLOW cannot agree on arbitrators, the Presiding Judge of the Kane County Superior Court shall appoint them. The arbitration shall be conducted under the then prevailing Commercial Arbitration Rules of the American Arbitration Association (AAA). You and NORTHWEST YELLOW may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby excluded, will not govern this Agreement. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other current or former user of the Service, whether through class arbitration proceedings or otherwise.
However, to the extent you have in any manner violated or threatened to violate NORTHWEST YELLOW intellectual property rights, NORTHWEST YELLOW may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.