Terms and Conditions
TERMS OF SERVICE
All users of Okanagan Private Driver Service: customers, clients, drivers, service users, and partners must agree to the following TERMS of SERVICE prior to any service being performed.
1. All service users hereby subscribe to become a user of Okanagan Private Driver Service (OKPD ) and or services. Okanagan Private Driver Service consists of sending a driver to pick you up at a designated location and to drive you in your own vehicle to the locations of your choice with seatbelts for you, guests and driver. OKPD is not a taxi or limousine service.
2. Client or user(s) hereby represent(s) and warrants to Okanagan Private Service and its Drivers that as of each date on which he or she requests OKPD:
• The Client is the rightful owner, lease holder or caretaker of the vehicle that is being transported.
• The Vehicle’s registration insurance and license tags are current; and that the vehicle is covered by a fully comprehensive insurance policy
• The Vehicle is maintained in good working condition and in compliance with applicable laws and has no defects or conditions that may cause the Vehicle to be unsafe to drive;
• No contraband, substance, or other items which are illegal for public transport are concealed or within the Vehicle;
• The Vehicle has sufficient fuel to reach the drop-off location.
3. Client agrees to or authorizes the following:
• To allow Okanagan Private Driver Service’s driver to drive your Vehicle for the purposes set forth in this Agreement;
• To obey all civil and criminal laws, including but not limited to seat belt and open container laws and to avoid all unnecessary physical contact with the Driver, before, during and after the pick-up, transport and drop-off;
• To pay any expenses required to get your vehicle to its final destination, including but not limited to: (i) fuel costs if Driver, in his or her sole discretion, concludes that based on the Vehicle’s fuel gauge reading, the Vehicle has insufficient fuel to reach the desired drop-off point; (ii) towing or other emergency roadside expenses resulting from mechanical failure of the Vehicle; and (iii) parking fees;
4. OKPD and its Drivers reserve the right to refuse to provide Driver Service to a client or to any other person if, in the Driver’s sole discretion, such service would be unsafe to the Driver because: (a) Client or such other person is armed, belligerent, violent, verbally or physically threatening or abusive; (b) the Vehicle is unsafe to drive; or (c) any other facts or circumstances relevant to the OKPD Drivers safety, as determined by The Driver’s sole discretion.
5. Client or user acknowledges that in exchange for the privileges and peace of mind associated with the OKPD, the Client hereby: (a) releases OKPD, its members, managers, employees, agents and Drivers from any and all liability, including negligence, for any injury, including death or property damage that may occur in connection with the Private Driver Service; and (b) agrees not to initiate any legal proceedings against OKPD, its members, managers, employees, agents or Drivers with respect to any such claims for damages, which The Client is releasing. The client is aware that various risks are involved in a Driver Service. Such risks include, among other things, the travel risks associated with riding in a vehicle and giving control of a vehicle to another person. Despite these and the other risks, the client wants this service and is willing to agree to personally bear such risks, assuming full responsibility for any harm or damage that may result.
6. Client(s) or user(s) will indemnify, defend and hold OKPD, its members, employees, agents and Drivers harmless from and against any and all losses, liabilities, damages, fines, penalties and expenses arising from or resulting from any breach of the representations, warranties or covenants contained in this Agreement.
7. Clients(s) or user(s) fully intend(s) and understands that the waiver of liability and hold harmless provisions of this agreement shall bind the Client’s family, heirs, assigns, or personal representatives.
8. This Agreement is governed by the laws of the Province of British Columbia, without regard to conflicts of law principles.
9. If any provision of this Agreement is determined to be unenforceable, such provision will be deemed severed and the remaining provisions of this Agreement will continue in full force and effect.
10. OKPD will be deemed to have accepted this Agreement, without execution, upon the acceptance of keys by customer.
11. Each Driver is hereby designated as a third-party beneficiary of this Agreement.