Terms of Service
Designated Drivers of Buffalo Member and Use Terms and Conditions of Use
TERMS OF SERVICE
All Designated Drivers of Buffalo Service users: members, non-members, customers, clients, corporate clients, special event users, 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 member or user of the Designated Drivers of Buffalo and or services. The Designated Drivers of Buffalo service consists of DDoB sending a car and two drivers to pick Member up at a designated location and to drive Member to his or her home in member’s own car with seatbelts for member, guests and driver. The second driver will drive a second vehicle to retrieve the first driver. DDoB is not a taxi or limousine service. If Member has passengers in need of separate drop-off at private residences or hotels, passengers will first be dropped off with the Member dropped off last.
2. DDoB service can be requested during our regular business hours: Monday through Sunday 8pm-4am or other times by reservation only.
3. Member will pay DDoB a membership fee set by DDOB Membership is valid for 12 months.. This agreement may be cancelled by the Member after 12 months.
3.5 Each Member will pay DDoB Drivers a gratuity of an amount appropriate to time, distance and fuel costs, each time the DDoB Service is provided.
4. Member or user hereby represents and warrants to DDoB and its Drivers that as of each date on which he or she requests the DDoB Service:
a. Member is the rightful owner, lessee or caretaker of the vehicle/s being transported.
b. The Vehicle’s registration, insurance and license tags are current; and that the vehicle is covered by a fully comprehensive insurance policy.
c. 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;
d. No contraband, substance or other items which are illegal for public transport are concealed or within the Vehicle;
e. The Vehicle has sufficient fuel to reach the drop-off location.
6. Member or user agrees to or authorizes the following:
a. To allow DDoB Driver to drive Member’s Vehicle for the purposes set forth in this Agreement;
b. To obey all civil and criminal laws, including but not limited to seat belt and open container laws;
c. To pay a $25 cancellation / no show fee for failure to show at pre-arranged pick-up point. (Charge will be invoiced.)
d. To avoid all unnecessary physical contact with the Driver, before, during and after the pick-up, transport and drop-off;
e. To pay drivers a minimum gratuity of $10 for each service completed.
f. To pay any expenses required to get the Member’s vehicle to its 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;
g. Subject to paragraphs h and i below, Member hereby authorizes DDoB or its Driver to seek emergency medical care in the event Member is injured or becomes ill during transport from the pick-up location to the drop-off location;
h. Member hereby authorizes DDoB to leave the Vehicle locked and parked in the hospital or urgent care parking lot in the event of an emergency, as contemplated by paragraph g above; keys will be retained by DDoB until such time as Member or a family member or other authorized person authorizes their release.
h. To be billed through a credit card and pay a monthly membership fee of $10 per month for the primary member and $5.00 per month for additional family members for a one year contractual term. This fee will be auto-renewed monthly after the first year to the credit card on file until the member cancels membership verbally or by written notice within 30 days of cancellation.
7. DDoB and its Drivers reserve the right to refuse to provide the DDoB Service to Member or to any other person if, in the Driver’s sole discretion, such service would be unsafe to the Driver because: (a) Member or such other person is impaired to the point of unconsciousness; (b) Member or such other person is armed, belligerent, violent, verbally or physically threatening or abusive; (c) the Vehicle is unsafe to drive; or (d) any other facts or circumstances relevant to Driver’s safety, as determined in Driver’s sole discretion.
8. DDoB provides its DDoB Service subject to availability and assumes no liability should all Drivers be booked at the precise time when service is requested.
9. Member or user acknowledges that in exchange for the privileges and peace of mind associated with the DDoB Service, Member hereby: (a) releases DDoB, 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 DDoB Service; and (b) agrees not to initiate any legal proceedings against DDoB, its members, managers, employees, agents or Drivers with respect to any such claims or damages, which Member is releasing. Member is aware that various risks are involved in the DDoB 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, Member wants this service and is willing to agree to personally bear such risks, assuming full responsibility for any harm or damage that may result.
10. Without limiting paragraph 5 and 6 above, DDoB and its Drivers’ liability for failure to perform under this Agreement or for injury or damage will be limited to $250. In no event will DDoB or its Drivers be liable for special, consequential, exemplary or punitive damages, even if advised of their possible existence.
11. Member or user will indemnify, defend and hold DDoB, its members, employees, agents and Drivers harmless from and against any and all losses, liabilities, damages, fines, penalties and expenses (including attorneys’ fees) arising from or resulting from any breach of the representations, warranties or covenants contained in this Agreement.
12. Member or user fully intends and understands that the waiver of liability and hold harmless provisions of this agreement shall bind the Member’s family, heirs, assigns, or personal representatives.
13. Member or user acknowledges and agrees that at the time DDoB Service is requested, Member may be intoxicated. Accordingly, Member hereby affirms that this Agreement and the waivers and releases contained herein are binding on Member and will continue to be binding, notwithstanding the fact that Member may be intoxicated at the time he or she requests DDoB Service.
14. This Agreement is governed by the laws of the State of New York, without regard to conflicts of law principles.
15. 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.
16. DDoB will be deemed to have accepted this Agreement, without execution, upon the acceptance of keys by customer.
17. Each Driver is hereby designated as a third-party beneficiary of this Agreement.