2012 Perata Luxury Car Services/Perata Luxury Tours Charter Terms and Conditions Agreement

*All private charter services including tours, must have a signed Customer Way Bill before services can begin.  By signing a PLCS Way Bill for charter services, you are agreeing to all of the Terms & Conditions stated in this document.

Perata Luxury Car Services/Perata Luxury Tours Rates (aka in this agreement, PLCS):

Wine Tours and Charters standard hourly rate is the rate stated on the Customer Way Bill at the time of service.

Our hourly rate includes all applicable taxes.

A gratuity of 18% will be added to all services.

Any additional charges, such as pickup fees and fuel charges are stated on the Customer Way Bill.

Deposits and Reservations:

Reservations may be made by calling (707) 227-8271 or by emailing us at info@perataluxurycarservices.com .  All reservations require a $250 deposit or a valid credit card number, expiration date and billing address, which is refundable minus a $25 cancellation fee if cancelled with more than 72 hours notice before scheduled pick up. If reservation is cancelled with less than 72 hours notice before pick up time, there is no refund given, however PLCS will honor the cancelation fee to be used toward future services for up to one year (12 months) from the original charter date.

We accept Master Card, Visa, American Express and Discover or Cash for payment.

Deposit & Services credit card transactions can be processed through PayPal to maintain the security of your personal information. The credit card at time of charter will be swiped on our secure First Data credit card processing unit and will be used for all charges, unless otherwise indicated.  Charges will reflect costs incurred while performing transportation services for reservations placed with PLCS  by the Customer, its agents, and any individuals requesting transportation as an authorized employee of the Customer and will reflect costs including but not limited to trip charges, parking, winery reservations that require pre-paid tasting/tour reservations (these pre-paid winery tour reservations will only occurring if previously approved or requested by the client), and gratuity. Customer is responsible for the full payment of any overtime charges, beyond the original reservation agreement. 

Overtime charges are applied as follows at regular rate:

•         Overtime is charged in 1/4 hour increments at the standard hourly rate, plus 18% gratuity.

•         Hourly standard and overtime rate is the same and is stated on the Customer Way Bill.

Additional Charges:

Parking fees, overtime charges, travel and other surcharges that cannot be calculated prior to service and are not included in the Customer Way Bill.

Gratuity:

Gratuity is not included in Airport Charter fixed rate, or in our hourly rate. All services performed by PLCS will have a gratuity of 18% added.

Cancellation & Changes:

To cancel or change a reservation please call (707) 227-8271.  Customer agrees upon confirmation of reservation (telephone or online) that a minimum fee will apply for any cancellation made within 72 hours of service and assessed to the Customer’s credit card on file unless other arrangements are made. If PLCS  for any reason beyond its control will not be able to perform, the Customer shall be limited to a full refund of any money paid.

Cancellation fees are as follows:

•Wine Tours/Charters with 72 hours notice = Full refund of deposit, minus $25 cancelation fee. Cancelation with less than 72 hours before pick-up time, no refund of deposit.

• Holiday Bookings = No refund of deposit at anytime if canceling a booked reservation.

•Airport Transportation = All airport transportation must be 100% pre-paid. 50% refund if canceled with more than 72 hours notice. If less than 72 hours notice of cancelation prior to pick-up time, no refund will be issued.

The full fare will be charged for cancellations in the two following cases:

•  Cancelations after the driver has already been dispatched.

•  If the passenger fails to be at the designated pickup location (no-show).  If for any reason you cannot locate your chauffeur, call PLCS at (707) 227-8271.  To avoid being billed as a no-show, do not leave your location without contacting PLCS  You must contact us by phone.

Rescheduling of airport service is possible at no extra charge, as long as rescheduling is requested before the driver is dispatched. If the chauffeur must wait more than 30 minutes for the arriving party on airport transportation, the client will be billed an additional charge at the current seasonal hourly rate, in 1/4 hour increments.

PLEASE NOTE: PLCS is not responsible for service delayed or not rendered due to circumstances beyond our control including weather, traffic conditions, road conditions and breakdown. In the event of a mechanical breakdown, PLCS can attempt to make other arrangements for the Customer, at the Customers own expense in the case of mechanical breakdown, but cannot guarantee replacement transportation. PLCS does not guarantee vehicle availability or pricing for reservation changes. A 50% refund will be given on service time that has been performed before the breakdown and no further time will be charged for agreed upon charter that cannot be performed.

PLCS reserves the right to substitute the contracted vehicle in the event of a mechanical issue before charter begins, with a vehicle of comparable comfort and quality.

Smoking/Food:

Our  vehicles  are  non-smoking. Customer agrees that there will be no smoking in our vehicle(s).  If smoking does occur, Customer will be charged  a $300.00 fumigation/cleaning fee to their credit card.  No eating of food is allowed in our vehicles other than the snacks that are provided by PLCS, and a $100-$300 cleaning fee may be charged.  At the discretion of driver, violation of our terms regarding smoking/food may result in immediate termination of the services and forfeiture of all paid deposits and fees for service.

Alcohol & Under 21 Years of Age:

In compliance with CPUC Regulations, consumption of alcoholic beverages by passengers under  21 years of age is prohibited. The driver reserves the right to check the identification of any passenger the use of PLCS services at any time during services if underage alcohol consumption is suspected. The driver also reserves the right to refuse service to anyone under the age of 21 if they are suspected of alcohol consumption. Violation will result in immediate termination of services and forfeiture of all paid deposits and fees for service.

Conduct/Damage To Vehicle:

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 chauffeur of PLCS.  All passengers agree to behave in an orderly and well-behaved manner. Emerging from any windows on the vehicle or the sun roof/panoramic roof while the vehicle is in operation is prohibited.

Customer is responsible for his/her guests for any damage to the vehicle. In the event of any physical damage to any of our vehicles, caused by the customer stated on the Customer Way Bill, or any passenger in their party, there will be a minimum additional charge of $300.00 for the repair and/or cleaning of the vehicle. This includes anyone getting sick and vomiting in any of our vehicles.

 Decision as to the unusual use or wear of the vehicle rests with PLCS solely, and its experience as to the general use of hired vehicles. Customer is fully responsible for the repair and/or replacement of any part of the vehicle harmed by any passenger. Repair costs will be charged to your credit card. During repairs, you may also incur charges for the loss of use/or income generated by loss of use of this vehicle.

PLCS reserves the right to expel any person from the vehicle and/or terminate this contract in the event of a violation of any of these conditions by any passenger. If at any time the service is terminated due to unruly conduct, damages to the vehicle, or abuse of any kind that PLCS deems valid, no refund of money will be made. PLCS reserves the right to refuse service as it deems appropriate.

Limitations of Liability:

PLCS is not responsible for lost or damaged luggage or for any baggage, personal belongings or any items left in the vehicle during or after use of our services.

Customer waives all claims for consequential damages and agrees that liability shall be limited to the full amount paid to PLCS for the disputed service unless otherwise required by law.

Dispute Resolution:

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 Napa County, California. 

You and PLCS 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 California, Napa County.  If you and PLCS cannot agree on arbitrators, the Presiding Judge of the Napa 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 PLCS 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 PLCS intellectual property rights, PLCS 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.

Attorneys' Fees:

If this agreement is referred to an attorney and/or collection agency, Customer agrees to pay all attorney and/or collection fees. Should legal action be necessary to enforce any rights or obligations under this agreement, the prevailing party will be entitled to reasonable attorney's fees and related costs.

Waiver:

If one party agrees to waive its right to enforce any term of this agreement, it does not waive its right to enforce such term or any or all other terms of this agreement at any other time.

Customer has read and understands the above terms and conditions. Customer understands that the reserved limousine service is contingent upon acceptance and adherence to these terms & conditions.