TERMS AND CONDITIONS
AGREEMENT BETWEEN CUSTOMER AND AIRVAN
AIRVAN TRANSPORT LLC (AIRVAN Shuttle) sells reservations for travel and transportation services provided by company owned and operated vans as well as independently owned and operated third party transportation vendors. AIRVAN in some cases is NOT the provider of transportation or travel. The terms "we", "us", "our" and "AIRVAN TRANSPORT LLC (AIRVAN Shuttle). The term "you" refers to the customer visiting our website, calling our customer service agents, or booking a reservation through us. Our “Service(s)” refers to the selling of reservations for travel and transportation services provided by independently owned and operated third party transportation vendors, however the reservation is made, including but not limited to telephone reservation or online reservation. Our Services are offered to you conditioned upon your acceptance without modification of the terms and conditions set forth herein (collectively, the “Agreement”). By accessing our website, calling our customer service agents, or booking any transportation through us, you agree to be bound by this Agreement. We reserve the right to change this Agreement at any time without notice and your continued access or use of the website or Services signifies your acceptance of the modified Agreement.
As a condition of your use of our website or our Services you warrant that
(i) you are at least 18 years of age,
(ii) you have read and understand this Agreement and agree to be bound by it
(iii) you possess the legal authority to create a binding legal obligation,
(iv) you will use our Services and this website in accordance with this Agreement,
(v) you will only use this website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
(vi) all information supplied by you is true, accurate, current and complete,
(vii) you will abide by the terms and conditions imposed by any travel and transportation provider, including payment of all amounts when due, and compliance with all rules and restrictions regarding the availability of products or services, and
(viii) if you have an AIRVAN Shuttle Reservations account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this website and our Services, at any time and for any reason.
We understand that circumstances may arise which may change your travel plans. Keeping that in mind, we will gladly give a refund for any reservation canceled with a minimum 6 hours notice prior to the pick up time. Refunds usually show to your account within 30 days. We will not refund payments if cancellation occurs within 6 hours of pick up time or if the traveling party elects not to appear for a pick up (a no show) without notification. There is a $3.00 processing fee for each leg of a reservation that is canceled at any time after booking and prior to six (6) hours before the pickup time. In The time. in the event that the reservation is canceled after six (6) hours prior to the pick up time, the cancellation charge will continue to be the full fare of the reservation.
THE TRANSPORTATION PROVIDER
AIRVAN sells and provides reservations for travel and transportation services also provided by independently owned and operated third party transportation vendors.
RATES AND FEES
You acknowledge that In some states AIRVAN Shuttle pre-negotiates certain rates with ground transportation providers to facilitate the booking of reservations on your behalf. The reservation price you pay AIRVAN Shuttle is the pre-negotiated rate reserved on your behalf by AIRVAN. You authorize AIRVAN Shuttle to book reservations for the total reservation price. You agree that your credit card will be charged by AIRVAN Shuttle for the total reservation price. Upon submitting your reservation request by telephone, fax, via our website, or by email you authorize AIRVAN Shuttle to facilitate ground transportation reservations on your behalf, including making payment arrangements with ground transportation providers. You agree to pay any cancellation or change fees that you incur. In limited cases, some ground transportation providers do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the ground transportation reservation. You agree to abide by the terms and conditions imposed with respect to your reservations.
GROUND TRANSPORTATION TERMS
Payment by major credit card equal of the full reservation price is required for all reservations. Payment for any additional fees and for any additional services requested during the reservation will be charged to the same credit card that was used for the deposit following the completion of the reservation. You represent that you are the cardholder. You authorize us to charge the credit card for the deposit and for all additional amounts when due. Cancellation must be made 6 hours prior to the pick-up time. No-shows will be charged the full reservation price. Deposits are non-refundable if not canceled within the time frame mentioned. Availability of Executive Sedan past the reserved time is not guaranteed. There is a 10 minute overtime grace period on all reservations. After 10 minutes, you accept responsibility for overtime charges incurred. All jobs have a time limit and are then billed at the as-directed rate for 15-minute intervals thereafter. Charges are based on a “garage to garage” basis. Prices are subject to change without notice. The use of any illegal substance is prohibited in any vehicles. The possession or consumption of alcohol by any passenger under the age of 21 is prohibited. Any breach of this policy will result in immediate termination of services and payment due in full for entire reservation. Customer accepts complete financial responsibility for any and all damages resulting from improper use of the vehicle and its contents, including but not limited to audio/video equipment, lighting, exterior and interior components including upholstery. Repairs for damages may be billed to customer's credit card. The passengers accepts complete responsibility for items left in any vehicles. Excessive use, damage or spillage is subject to a minimum cleanup fee of $50 to the credit card on file. We and any transportation providers cannot be held responsible for mechanical problems, inclement weather, route traveled, or uncontrollable circumstances including those resulting in the inability to start a job at its scheduled time or complete a job in its entirety or at its scheduled finish time. In the event that the requested vehicle cannot be provided, an alternate vehicle may be provided of equal or greater capacity or a combination of vehicles to accommodate such capacity at our reasonable discretion. Customer accepts financial responsibility for all tolls, parking, and other related charges incurred during the reservation.
SELLER OF TRAVEL
AIRVAN TRANSPORT LLC is a registered charter in the state of California. TRANSPORTATION CONFIRMATION
When you make a reservation, we will send you a written confirmation by email, fax, or letter, containing a) the total amount to be paid by or on behalf of the passenger, b) the amount paid to date, c) the date of any future payment(s), d) the purpose of any payment, e) an itemized statement of the balance due if any, f) and an itinerary stating the name of the provider of transportation, the pick-up date, time and place, or the circumstances under which the pick-up date, time, and place will be determined.
DISCLAIMER OF WARRANTY
AIRVAN Transport LLC makes no warranty of any kind regarding the transportation or travel services provided by the transportation vendors with whom reservations are booked, the website, or its content, all of which are provided on an "AS IS" basis. AIRVAN expressly disclaims any representation or warranty that the Services or the transportation or travel services or the website or its content will be free from errors, viruses or other harmful components, that communications to or from AIRVAN will be secure and not intercepted, that the Services or the website will be uninterrupted, or that its content will be accurate, complete or timely. The fact that AIRVAN is including or offering reservations for any product or service is not an endorsement or a recommendation of the product or service or the provider of such product or service. We are not responsible for third party websites even if we link to such websites.v OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, AIRVAN EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY
Subject to applicable law, your use of our Service, this website and its content and any travel and transportation you purchase through our Service is at your sole risk. Services and products made available through our Service and this website are subject to conditions imposed by the travel and transportation providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Travel and transportation providers who furnish products or services through our Service or this website are independent contractors, and not agents or employees of AIRVAN. AIRVAN, IT’S OFFICERS, CORPORATE PARTNERS OR SUBSIDIARIES, OR EMPLOYEES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SERVICES, THE TRAVEL OR TRANSPORTATION SERVICES RESERVED, THIS WEBSITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF TRAVEL AND TRANSPORTATION PROVIDERS WHOSE PRODUCTS OR SERVICES ARE RESERVED THROUGH OUR SERVICES OR THIS WEBSITE, OR THE PRODUCTS OR SERVICES OFFERED BY TRAVEL AND TRANSPORTATION PROVIDERS THROUGH OUR SERVICE OR THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY TRAVEL OR TRANSPORTATION PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF AIRVAN AND THE TRAVEL OR TRANSPORTATION PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. If, despite the limitation above, AIRVAN Shuttle (AIRVAN Transport LLC) AIRVAN is found liable for any loss or damage, then AIRVAN Shuttle liability will in no event exceed, in total, the sum of US$300.00. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
INTELLECTUAL PROPERTY: TM AND COPYRIGHT NOTICES
This website is the sole and exclusive property of AIRVAN or its licensors. AIRVAN and its licensees retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the website. The website is or may be protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this website may violate such laws. AIRVAN are registered or common law trademarks or service marks of AIRVAN TRANSPORT LLC These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from AIRVAN, Other marks that appear on the website are the property of their respective owners. You agree not to deep link to website for any purpose unless we specifically authorize you to do so. Copyright 2011 AIRVAN TRANSPORT LLC (AIRVAN Shuttle) All rights reserved.
Please contact us at our Business Address: AIRVAN Shuttle
Tel: (909) 224-7826
Web: WWW. AIRVANTRANSPORT.COM
Our failure to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof. Any waiver by AIRVAN must be in writing and, unless otherwise stated, shall be strictly limited to the circumstances explicitly waived and shall not deprive AIRVAN of the right to insist upon strict adherence to the term waived in any and all other circumstances or to insist upon strict adherence to any other term of this Agreement. A waiver of any default is not a waiver of any subsequent default. The headings of this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. This Agreement is governed by the laws of the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in California, in all disputes arising out of or relating to the Services or the use of this website. Use of the Services or this website is unauthorized in any jurisdiction that does not give effect to all provisions of the terms and conditions of this Agreement, including, without limitation, this paragraph. You agree that no joint venture, partnership, or employment relationship exists between you and the AIRVAN as a result of this Agreement or the Services or the use of this website. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use the Services or of this website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services or this website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect. This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and AIRVAN with respect to the Services and this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and AIRVAN with respect to the Services or this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.